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HomeMy WebLinkAboutZ-8154 Staff AnalysisMarch 15, 2007 ITEM NO.: D FILE NO.: Z-8154 NAME: Whitmore Day Care Family Home — Special Use Permit LOCATION: 9104 Woodford Drive OWNER: Walter Whitmore APPLICANT: Carolyn Whitmore 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 9104 Woodford 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 West Baseline and SWLR United for Progress Neighborhood Associations were notified of the public hearing. B. Staff Analysis: 9104 Woodford Drive is located on the southwest corner of Woodford Drive and Seymour Drive. All surrounding properties are zoned R-2 and contain single-family residences. The applicant's home is a one-story brick and frame structure, and is typical of those in the general area. The rear yard is fenced and provides a safe play area. The applicant proposes to operate the day care from 6:00 a.m. to 12:00 a.m. (midnight), seven (7) days per week. The applicant has noted that she will have one (1) part-time employee, a nurse who will visit the site daily. There is a two -car wide driveway from Woodford Drive, with parking for five (5) vehicles including the carport. Staff feels that this will allow sufficient space for drop-off and pick-up of children. On inspection of the site, staff observed one (1) vehicle parked on the grass in the front yard. The applicant has noted that this situation has been corrected. Staff observed no vehicles on the site which were non -operational. 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. March 15, 2007 ITEM NO: D (Cont. FILE NO.: Z-8154 The principal use of the property will remain single family residential. No signage beyond that allowed in single family zones will be permitted. The Bill of Assurance for this neighborhood was recorded in 1962 and appears to still be in effect. The Bill of Assurance contains the following language: "A. All of said lots shall be used as residential lots only, and no structure shall be erected, altered or permitted to remain other than one detached single-family dwelling not to exceed one and a half stories in height, and a private garage and servant's quarters or storeroom." 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. OAF March 15, 2007 ITEM NO: D (Cont.) FILE NO.: Z-8154 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. 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. According to information provided by the State Department of Health and Human Services, the property at 9104 Woodford Drive is not located within 300 feet of another licensed day care family home or day care center. There was previously a licensed day care family home at 9009 Woodford Drive. However, the day care family home use at that address has ceased, as confirmed by the State and site inspection by staff. There are two (2) licensed day care family homes located within the southwest portion of this subdivision on Crofton Circle. To staff's knowledge, the only outstanding issue associated with this application concerns the proposed hours/days of operation. The applicant proposes to operate the day care family home from 6:00 a.m. to 12:.00 midnight, seven (7) days per week. Staff views the proposed hours/days as excessive and out of character with this type of use in a residential neighborhood. Staff feels the proposed hours/days of operation do not meet the intent of the ordinance allowing this type of residential day care use. Staff believes the excessive hours/days of operation as proposed will have an adverse impact on the adjacent properties and the overall neighborhood. C. SUBDIVISION COMMITTEE COMMENT: (JANUARY 11, 2007) Carolyn Whitmore was present, representing the application. Staff presented the application. i March 15, 2007 I�i��l�C�7■�T[�Tii# FILE NO.: Z-8154 Commissioner Taylor asked Ms. Whitmore if she lived on the property. She responded that she did. Commissioner Taylor asked about the hours of operation. Ms. Whitmore explained the hours and noted that she would only have one (1) or two (2) children past 6:00 p.m. She noted that her part-time employee came in from 6:00 p.m. to 8:00 p.m. daily, and that the last child was typically gone by 9:00 p.m. Commissioner Langlais asked Ms. Whitmore if she had talked to her neighbors. She stated that she had talked to some of them. She explained that her husband works with her in caring for the children. After the discussion, the Committee forwarded the application to the full Commission for final action. D. Staff Recommendation: Staff recommends denial of the requested Special Use Permit to allow a day care family home at 9104 Woodford Drive. PLANNING COMMISSION ACTION: (FEBRUARY 15, 2007) Staff informed the Commission that the applicant submitted a letter on February 15, 2007 requesting the application be deferred to the March 15, 2007 Agenda. Staff supported the deferral request. With a vote of 8 ayes, 0 nays and 3 absent, the Commission voted to waive their bylaws and accept the deferral request being less than five (5) days prior to the public hearing. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the March 15, 2007 Agenda. A motion to that effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent. STAFF UPDATE: On February 21, 2007 the applicant submitted a letter to staff revising the proposed hours/days of operation for the day care family home. The revised hours are 6:00 a.m. to 6:00 p.m., Monday through Saturday. This is the only change to the original application. I:! March 15, 2007 ITEM NO: D (Cont.) FILE NO.: Z-8154 In staffs opinion, the hours/days of operation was the only outstanding issue with the original application. Although the proposed hours/days of operation have been greatly reduced, staff continues to have a problem with them. Staff believes the days of operation should be Monday through Friday, and not include the weekends. Staff feels it is inappropriate to have the day care use during weekends, when the majority of the neighbors will be off work and at home. If the applicant were willing to eliminate the Saturday hours, staff could then support the application. PLANNING COMMISSION ACTION: (MARCH 15, 2007) Carolyn Whitmore was present, representing the application. There was one (1) objector present. Staff presented the item, noting that the hours of operation had been revised to 6:00 a.m. to 6:00 p.m., Monday through Saturday. Staff recommended denial of the revised application, with the hours of operation being the only issue. Staff noted opposition to the day care use being operated on Saturdays. Carolyn Whitmore addressed the Commission in support of the application. She explained that she cares for her grandchildren on Saturdays in addition to one (1) "paid" child. She noted that she cares for five (5) children during the week in addition to her grandchildren. There was a brief discussion of the number of children Ms. Whitmore cares for and the number grandchildren she has. Cindy Dawson, City Attorney, explained that the Commission could place a condition the application which would limit Ms. Whitmore to only one (1) "paid" child on Saturdays in addition to the grandchildren. In response to a question from the Commission, Tony Bozynski, Planning Director, noted that staff could support the application with the Saturday condition. Ms. Whitmore noted that she had six (6) grandchildren, but usually kept only four (4) on Saturdays. Ms. Whitmore amended the application to limit the number of children on Saturdays to one (1) "paid" child in addition to her grandchildren. Commissioner Yates asked about the number of notices which went out to surrounding properties. Staff noted that two (2) neighborhood associations, 28 property owners within 200 feet of the site and 55 residents within 300 feet were notified of the public hearing. There was additional discussion of the notice issue and bill of assurance issues. Cindy Dawson noted that a day care family home was required to obtain a privilege license, but was not considered a business, based on the principal use of the property being single family residential. This issue was briefly discussed. 5 March 15, 2007 O: D (Cont. FILE NO.: Z-8154 Pat Gee addressed the Commission in opposition. She noted that there were two (2) day care family homes in the neighborhood on Crofton Circle. She noted that she visited the site and that there was much traffic on the street. She explained that the driveway was steep and could be dangerous for drop-off and pick-up of children. Commissioner Laha explained that he did not support the application. He noted that he visited the site three times and that there was a vehicle parked on the grass each time. He also noted that the accessory building looked unsafe. He briefly discussed the bill of assurance issue. There was a brief discussion of how long Ms. Whitmore would be caring for her grandchildren. There was also discussion of the condition limiting the number of children on Saturdays. Staff suggested limiting the number of children to five (5) "paid" children during the week and one (1) "paid" child on Saturday, in addition to the grandchildren. This is issue was briefly discussed. Commissioner Rahman noted that day care family homes have been approved in the past with no limit on the number of "paid" children, even with perceived issues with bills of assurance. There was a motion to approve the special use permit to allow a day care family home at 9104 Woodford Drive, subject to the following condition (as amended by the applicant): There is to be no more than one (1) "paid" child on Saturdays in addition to Ms. Whitmore's grandchildren. The motion passed by a vote of 6 ayes, 2 nays and 3 absent. The revised application was approved. [I