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HomeMy WebLinkAboutZ-7993 Staff AnalysisApril 13, 2006 ` ` ' B FILE NO.: Z-7993 NAME: Scrubbs Day Care Family Home — Special Use Permit LOCATION: 2815 Vancouver Drive OWNER: Verna Scrubbs APPLICANT: Verna Scrubbs PROPOSAL: A special use permit is requested to allow a Day Care Family Home to be operated in the single family residence located on the R-2 zoned property at 2815 Vancouver Drive. A. Public Notification All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the John Barrow Neighborhood Association were notified of the public hearing. B. Staff Analysis: 2815 Vancouver Drive is located on the northeast corner of Vancouver Drive and West 29th Street. All surrounding properties are zoned R-2 and contain single family residences. The applicant's home is a one-story brick structure, and is typical of those in the general area. The rear/side yard is fenced and provides a safe play area. The applicant proposes to operate the day care from 7:30 a.m. to 6:00 p.m., Monday through Friday. The applicant has noted that she will have an employee(s) as required by the State Department of Human Services, depending on the ages of the children. There is a two -car wide concrete driveway from West 29th Street, with parking for four (4) vehicles. Staff feels that this will allow sufficient space for drop-off and pick-up of children. On inspection of the site, staff observed no vehicles parked on unpaved areas. Staff also observed no vehicles on the site, which were not operational. The applicant is currently providing care for five (5) children at this location, and has been doing so for a few months. The applicant is in the process of being licensed by the State for up to ten (10) children. The principal use of the property will remain single family residential. No signage beyond that allowed in single family zones will be permitted. The April 13, 2006 ITEM NO.: B (Cont.) FILE NO.: Z--7993 applicant submitted a copy of the Bill of Assurance for this neighborhood, which was recorded in 1962 and appears to still be in effect. The Bill of Assurance contains the following language: 1. LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single family dwelling not to exceed 2'/ stories in height and a private garage for not more than two cars." Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance establishes the site and location criteria for day care family homes as follows: Day care family home: a. This use may be located only in a single family home, occupied by the care giver and which is the full time residence of the care giver. b. Must be operated within licensing procedures established by the State of Arkansas. State regulations shall control the number of employees residing off premises. c. The use is limited to ten (10) children including the care givers. d. The minimum to qualify for special use permit is six (6) children from households other than the care givers. e. This use must obtain a special use permit in all districts where day care centers are not allowed by right. f. After the effective date of this subsection, no Special Use Permit will be approved for a day care family proposed to be located within 300 feet of a licensed day care center or an operating day care family home for which a Special Use Permit has previously been approved. For the purposes of this subsection, the distance between properties shall be measured in a straight line without regard to intervening structures or objects, from property line to property line. g. All day care family homes located in the City of Little Rock are required to obtain a City of Little Rock business license and to pay an annual business tax as specified in Chapter 17. of the Code. 2 April 13, 2006 ITEM NO.: B FILE NO.: Z-7993 h. A copy of the day care family home's current State of Arkansas license must be submitted to the City Collector's Office each year at the time of payment of the annual business tax. i. All vehicles must be parked on an on-site paved surface. j. All vehicles located on the site must be operational. k. All pick-up and drop-off of children shall be on the property's driveway and not on the public right-of-way unless otherwise approved by the Planning Commission. Special Use Permits for day care family homes shall be reviewed by staff every three (3) years for compliance with the development criteria and Planning Commission approval. m. The Fire Marshall must approve use of the residence for the proposed day care family home. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. To staffs knowledge, there are no outstanding issue associated with this application. Staff feels that the proposed day care family home at this location will have no adverse impact on the general area. Based on information provided by the State, there are no permitted/licensed day care family homes or day care centers within 300 feet of the site. C. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 9, 2006) Verna Scrubbs was present, representing the application. Staff presented the proposed special use permit request. Staff noted that inspection of the site revealed no violation of the ordinance requirements for day care family homes. Staff noted that the applicant is currently caring for up to five (5) children at this location. Staff also explained that this property is not located within 300 feet of another day care family home or day care center. There being no further issues for discussion, the Committee forwarded the application to the full Commission for final action. D. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a day care family home at 2815 Vancouver Drive, subject to the following conditions: 3 April 13, 2006 ITEM NO.: B (Cont.) FILE NO.: Z-7993 1. Compliance with the site and location criteria established in Section 36-54(e)(3). 2. There is to be no signage beyond that permitted in single family zones. 3. Outdoor activities, including playground use, are to be limited to day -light hours. PLANNING COMMISSION ACTION: (MARCH 2, 2006) Staff informed the Commission that the applicant failed to complete the required notification of surrounding property owners. Staff recommended the application be deferred to the April 13, 2006 Agenda. The item was placed on the Consent Agenda and deferred to the April 13, 2006 Agenda. The vote was 10 ayes, 0 nays and 1 absent. PLANNING COMMISSION ACTION - (APRIL 13, 2006) The applicant was present. There were no objectors present and no letters of opposition had been received. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the "Staff Recommendation" above. The item had been on the Consent Agenda but had been pulled at the request of a Commissioner. The applicant addressed the Commission and asked for approval. Ruth Bell, of the League of Women Voters of Pulaski County, spoke in support of the application. Commissioner Laha expressed concerns about vehicles being parked on the lawn and the subdivision's bill of assurance. The applicant responded that one vehicle belonged to the person remodeling her home and other vehicle was one she was trying to sell. She stated she was not aware of the bill of assurance issue. There was no further discussion. A motion was made to approve the application as recommended by staff. The motion was approved by a vote of 7 ayes, 2 noes and 2 absent. March 2, 2006 ITEM NO.: 2 FILE NO.: Z-7993 NAME: Scrubbs Day Care Family Home — Special Use Permit LOCATION: 2815 Vancouver Drive OWNER: Verna Scrubbs APPLICANT: Verna Scrubbs PROPOSAL: A special use permit is requested to allow a Day Care Family Home to be operated in the single family residence located on the R-2 zoned property at 2815 Vancouver Drive. A. Public Notification: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the John Barrow Neighborhood Association were notified of the public hearing. B. Staff Analysis: 2815 Vancouver Drive is located on the northeast corner of Vancouver Drive and West 29th Street. All surrounding properties are zoned R-2 and contain single family residences. The applicant's home is a one-story brick structure, and is typical of those in the general area. The rear/side yard is fenced and provides a safe play area. The applicant proposes to operate the day care from 7:30 a.m. to 6:00 p.m., Monday through Friday. The applicant has noted that she will have an employee(s) as required by the State Department of Human Services, depending on the ages of the children. There is a two -car wide concrete driveway from West 29th Street, with parking for four (4) vehicles. Staff feels that this will allow sufficient space for drop-off and pick-up of children. On inspection of the site, staff observed no vehicles parked on unpaved areas. Staff also observed no vehicles on the site, which were not operational. The applicant is currently providing care for five (5) children at this location, and has been doing so for a few months. The applicant is in the process of being licensed by the State for up to ten (10) children. The principal use of the property will remain single family residential. No signage beyond that allowed in single family zones will be permitted. The March 2, 2006 ITEM NO.: 2 (Cont.) FILE NO.: Z-7993 applicant submitted a copy of the Bill of Assurance for this neighborhood, which was recorded in 1962 and appears to still be in effect. The Bill of Assurance contains the following language: 1. LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single family dwelling not to exceed 2 Y2 stories in height and a private garage for not more than two cars." Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance establishes the site and location criteria for day care family homes as follows: Day care family home: a. This use may be located only in a single family home, occupied by the care giver and which is the full time residence of the care giver. b. Must be operated within licensing procedures established by the State of Arkansas. State regulations shall control the number of employees residing off premises. c. The use is limited to ten (10) children including the care givers. d. The minimum to qualify for special use permit is six (6) children from households other than the care givers. e. This use must obtain a special use permit in all districts where day care centers are not allowed by right. After the effective date of this subsection, no Special Use Permit will be approved for a day care family proposed to be located within 300 feet of a licensed day care center or an operating day care family home for which a Special Use Permit has previously been approved. For the purposes of this subsection, the distance between properties shall be measured in a straight line without regard to intervening structures or objects, from property line to property line. g. All day care family homes located in the City of Little Rock are required to obtain a City of Little Rock business license and to pay an annual business tax as specified in Chapter 17. of the Code. 4 March 2, 2006 ITEM NO.: 2 (Cont.) FILE NO.: Z-7993 h. A copy of the day care family home's current State of Arkansas license must be submitted to the City Collector's Office each year at the time of payment of the annual business tax. i. All vehicles must be parked on an on-site paved surface. j. All vehicles located on the site must be operational. k. All pick-up and drop-off of children shall be on the property's driveway and not on the public right-of-way unless otherwise approved by the Planning Commission. I. Special Use Permits for day care family homes shall be reviewed by staff every three (3) years for compliance with the development criteria and Planning Commission approval. m. The Fire Marshall must approve use of the residence for the proposed day care family home. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. To staffs knowledge, there are no outstanding issue associated with this application. Staff feels that the proposed day care family home at this location will have no adverse impact on the general area. Based on information provided by the State, there are no permitted/licensed day care family homes or day care centers within 300 feet of the site. C. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 9, 2006) Verna Scrubbs was present, representing the application. Staff presented the proposed special use permit request. Staff noted that inspection of the site revealed no violation of the ordinance requirements for day care family homes. Staff noted that the applicant is currently caring for up to five (5) children at this location. Staff also explained that this property is not located within 300 feet of another day care family home or day care center. There being no further issues for discussion, the Committee forwarded the application to the full Commission for final action. D. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a day care family home at 2815 Vancouver Drive, subject to the following conditions: 3 March 2, 2006 ITEM NO.: 2 (Cont.) FILE NO.: Z-7993 1. Compliance with the site and location criteria established in Section 36-54(e)(3). 2. There is to be no signage beyond that permitted in single family zones. 3. Outdoor activities, including playground use, are to be limited to day -light hours. PLANNING COMMISSION ACTION: (MARCH 2, 2006) Staff informed the Commission that the applicant failed to complete the required notification of surrounding property owners. Staff recommended the application be deferred to the April 13, 2006 Agenda. The item was placed on the Consent Agenda and deferred to the April 13, 2006 Agenda. The vote was 10 ayes, 0 nays and 1 absent. n SUBDIVISION COMMITTEE COMMENTS FEBRUARY 9, 2006 ITEM NO.: 2 SCRUBBS DAY CARE FAMILY HOME — SPECIAL USE PERMIT 2815 VANCOUVER DRIVE Z-7993 Planning Staff Comments: 1. The applicant is currently providing care for five (5) children at this location. The applicant is in the process of being licensed by the State for up to ten (10) children. 2. The proposed hours of operation for the day care family home are 7:30 a.m. to 6:00 p.m., Monday — Friday. 3. The applicant will have an employee(s) as required by the State, depending on the ages of the children. 4. There is a two (2) car wide driveway from W. 29`h Street, with parking for four (4) vehicles. 5. On inspection of the site, staff observed no vehicles parked on unpaved surfaces or non -operational vehicles. 6. The rear/side yard is fenced and should provide a safe play area. 7. The site is not located within 300 feet of another licensed day care family home or day care center. The nearest day care family home is located over 500 feet to the north along Montreal Drive. Variance/Waivers: • None requested. Public Works: 1. No Comments Utilities and Fire Department/County Planning Wastewater: No Comments. Entergy: No Comments. Centerpoint Energy: No Comments. Southwestern Bell: No Comments. Water: No Comments. Fire Department: If the special use permit is approved, the Little Rock Fire Marshall will also have to approve the residence for the day care use. County Planning: No Comments. CATA: No Comments. Planning Division: No Comments. Landscape: No Comments. Other: No Comments.