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HomeMy WebLinkAboutZ-8214 Staff AnalysisDecember 6, 2007 ITEM NO.: A (Cont. FILE NO.: Z-8214 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. 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. Permitscannot be transferred from owner to owner, location to location or use to use. To staff's knowledge, there are no outstanding issues associated with this application. Staff feels that the proposed day care family home at this location could 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. STAFF RECOMMENDATION, REVISED: Staff recommends approval of the Special Use Permit to allow a day care family home at 3200 Gilman Street, subject to the following conditions: 1. Compliance with the site and location criteria 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. 4. Days and hours of operation are to be Monday -Friday, 6:00 a.m. — 6:30 p.m. :V December 6, 2007 ITEM NO.: A FILE NO.: Z-8214 NAME: Jefferson Day Care Center — Conditional Use Permit LOCATION: 3200 and 3208 Gilman Street OWNER/APPLICANT: Gail Lambert/Lanell Jefferson PROPOSAL: A conditional use permit is requested to allow conversion of these two residential structures into a day care center. The properties are zoned R-3. 1. SITE LOCATION 2 3. The properties are located at the southwest corner of West 32" d and Gilman Streets, in the John Barrow neighborhood. COMPATIBILITY WITH NEIGHBORHOOD: The site is located within the heart of a single family residential neighborhood. All surrounding properties are occupied by single family homes. The applicants proposal is to convert two single family residences into a day care center campus. Staff does not believe this is the appropriate location for this business. The day care center should be located outside of the neighborhood, on a collector or arterial. street. All owners of properties located within 200 feet of the site; all residents within 300 feet of the site who could be identified and the John Barrow Neighborhood Association were notified of this proposal. ON SITE DRIVES AND PARKING: The proposed day care is to have an enrollment of 32 children, with 6 employees; requiring 9 on -site parking spaces. The applicant proposed to utilize a single car wide driveway off of Gilman Street to access a new, 12-space parking lot. If the C.U.P. is approved, the parking will need to be paved and the existing driveway widened to accommodate two-way traffic or a connection made to West 32" d Street to accommodate one-way traffic onto and off of the site. 4. SCREENING AND BUFFERS: Site plan must comply with the City's minimal landscape and buffer ordinance requirements. December 6, 2007 ITEM NO.: A (Cont.) FILE NO.: Z-8214 The circulation and design of the parking lot is questionable. The zoning buffer ordinance requires a minimum eight (8) foot wide land use buffer along the southern and western perimeters of the site, next to the residentially zoned property. Seventy percent (70%) of this buffer is to remain undisturbed. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the southern and western perimeters of the site next to the residentially zoned property. Credit toward fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year -around requirement. Landscaping will be required in conjunction with the newly proposed parking lot and in conjunction with the proposed building addition. A landscaping plan will required per city ordinance prior to the issuance of a building permit. 5. PUBLIC WORKS COMMENTS: 1. West -32" d Street is classified on the Master Street Plan as a residential street: A dedication of right-of-way 25 feet from centerline will be required. 2. Gilman Street is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. 3. A twenty (20) foot radial dedication of right-of-way is required at the intersection of West 32"d Street and Gilman Street. 4. Additional concrete or asphalt should be installed to provide a one (1) way drive into and out of the property. This may also require the existing concrete drive to be widened. 5. Boundary street ordinance will require half -street improvements to West 32nd and Gilman Streets; including street widening, curb, gutter and sidewalks. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this property. Entergy: No comment received. Centerpoint Energy: No comment received. 2 December 6, 2007 ITEM NO.: A (Cont. AT&T (SBC): No comment received. FILE NO.: Z-8214 Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Fire Department: Fire sprinklers may be required along with a fire hydrant. County Planning: No Comments. CATA: The site is not located on a CATA bus route. The nearest route is located along West 36th Street, 4 blocks to the south. SUBDIVISION COMMITTEE COMMENT (MAY 17, 2007) The applicants were present. Staff presented the item and noted additional information was needed regarding signage, fencing and site lighting. Staff asked that the playground area be located-, on the site plan. In response to questions from staff, the applicants stated the day care would operate Monday through Saturday, 6:00 a.m. to 10:00 p.m. The applicants stated neither house would be occupied as a residence. Staff noted the site plan did not provide adequate parking or proper driveways. The applicants were advised to enlist the services of a design professional to prepare a proper site plan. Public Works, Utility and Landscape Comments were discussed. The applicants were advised to contact the Fire Marshall regarding the installation of a fire hydrant. The applicants were advised to respond to staff issues by May 23, 2007 or seek a deferral. STAFF ANALYSIS: The properties at 3200 and 3208 Gilman Street are each occupied by a one- story, frame, single family residence. Approval has been given for the occupant of 3200 Gilman to keep no more than 5 children, which does not require either a special use permit or conditional use permit. The property has been converted into a day care center and is currently under enforcement by the City as a zoning 3 December 6, 2007 ITEM NO.: A (Cont. FILE NO.: Z-8214 violation. The applicant is requesting approval of a conditional use permit to allow the conversion of 3200 and 3208 Gilman into a day care center with an enrollment of 32 children with 6 employees. The house at 3200 will be used for keeping children ages birth to three years. The house at 3208 is proposed to be used for developmental, speech, physical and occupational services and for tutoring for older children. Hours of operation are proposed as 6:00 a.m. to 11:00 p.m. The applicant previously specified days of operation as Monday through Saturday. Neither house will be occupied as a residence. The applicant has submitted a site plan showing 12 on -site parking spaces. The driveway modifications necessary to accommodate this parking have not been shown. Access is via a single -car -wide driveway off of Gilman Street. The plan proposes doubling the size of the structure at 3208 Gilman to accommodate the proposed use. A playground area is proposed behind 3200 Gilman. Fencing around the site is a combination of wood screening fence and chain link fencing. The screening requirements of the Code require a solid opaque screen on the south and west perimeters, where the site is adjacent to residential properties. The applicant has stated no signage is proposed, unless required. Site lighting is to consist of parking lot lighting. Staff is not supportive of the proposed C.U.P. The site is located within the heart of a single family residential neighborhood. All surrounding properties are occupied by single family residences. Staff has supported S.U.P.'s for day care family homes in residential neighbors to allow the occupant of a residence to keep up to 10 children. Day care centers are more appropriately located on collector or arterial streets on the edge of or out of neighborhoods. Since the application was initially filed as a day care center, the applicant has expanded the proposed uses for the site to include therapy services and tutoring for older children. This further increase in activity proposed for the site only serves to intensify staff's concerns. Additionally, the streets immediately adjacent to and around the site are narrow, open ditch, chip -seal roadways with no sidewalks or gutters. The streets will not support the proposed institutional use at this location. The 1908 Bill of Assurance for the John Barrow Addition does not address use issues. STAFF RECOMMENDATION: Staff recommends denial of the application. STAFF REPORT: On May 24, 2007, the applicant contacted staff and requested deferral of the item to allow more time to address issues raised at the May 17, 2007 Subdivision 10 December 6, 2007 ITEM NO.: A (Cont.) FILE NO.: Z-8214 Committee meeting. Staff recommends deferral to the July 19, 2007 Commission meeting. PLANNING COMMISSION ACTION: (JUNE 7, 2007) The applicant was not present. There were no objectors present. Staff presented the item and a recommendation of deferral. There was no additional discussion. The item was placed on the consent agenda and approved for deferral to the July 19, 2007 meeting. The vote was 9 ayes, 0 noes, 1 absent and 1 open position. STAFF REPORT: The applicant has not submitted the required site plan, as instructed by the Subdivision Committee. Staff recommends the item be deferred to the August 30, 2007 Commission Agenda. PLANNING COMMISSION ACTION- (JULY 19, 2007) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had failed to submit the required site plan. The item was placed on the consent agenda and deferred to the August 30, 2007 meeting. The vote was 9 ayes, 0 noes, 1 absent and 1 open position. PLANNING COMMISSION ACTION: (AUGUST 30, 2007) The applicants were present. There were no objectors present. A letter of opposition had been received from the John Barrow Neighborhood Association. Staff presented the item and a recommendation of denial. The applicant, Gail Lambert, addressed the Commission. She stated she had previously operated a day care family home at 3200 Gilman until the number of children pushed her out of the home. She stated it was her desire to provide child care to younger children. She stated she was a licensed therapist as well; going to children's homes and providing services. In response to a question from the Commission, Director of Planning and Development Tony Bozynski described the differences between a day care family home and a day care center under Little Rock zoning regulations. Co -applicant Lanell Jefferson stated the day care currently had 12-13 children counting those who arrived after school. 5 December 6, 2007 ITEM NO.: A (Cont. NO.: Z-8214 Commissioner Taylor told Mr. Jefferson the number of children and type of operation was beyond what is permitted as a residential use. Ms. Lambert asked if they could keep just 10 babies. Another discussion of the provisions for a day care family home and a day care center followed. The applicants were told that a day care family home required the applicant to live in the residence. It was suggested that a deferral might be in order to allow the applicants an opportunity to discuss the issue with staff. Staff stated the item had been ongoing for six (6) months and the applicants were operating the day care center in violation of City Code. Staff recommended the Commission take action on the application to bring closure. Ms. Lambert stated she had kept children since 1995 and had only recently moved out of the house at-3200 Gilman. She stated she did not currently use 3208 Gilman, but hoped to use it in the future to provide therapy services for the children. Commissioner Williams suggested deferring the item since there was no support for a day care center, at.this location. Mr. Jefferson asked for more time. He stated he did not fully understand the issue. In response to a question -from Commissioner Adcock, Ms. Lambert stated she provided therapy services to 20 — 30 children. Mr. Bozynski stated staff was agreeable to a deferral A motion was made to defer the item to the October 11, 2007 meeting. The motion was approved by a vote of 8 ayes, 1 noe, 1 absent and 1 open position. STAFF UPDATE: On September 17, 2007, staff met with the applicants Gail Lambert and Lanell Jefferson. At that meeting, Ms. Lambert amended her application to a Special Use Permit for a day care family home. The following conditions were submitted by Ms. Lambert and Mr. Jefferson in support of the revised application: 1. The applicant, Gail Lambert, will reside at 3200 Gilman as her principle residence. C December 6, 2007 ITEM NO.: A (Cont.) _ FILE NO.: Z-8214 2. There will be no use of 3208 Gilman for any purpose other than as a single- family residence. 3. The day care family home to be operated at 3200 Gilman will have an enrollment of no more than ten (10) children. 4. In addition to the applicant, Gail Lambert, employees will include her son, Lanell Jefferson and one (1) other person. 5. The days and hours of operation for the day care family home are proposed as 6:00 a.m. — 6:30 p.m., Monday — Friday. 6. All vehicles will be parked on the paved driveway and parking surface. The property has a one -car driveway from Gilman Street. The driveway widens in the back yard area with space to park 5-6 vehicles. 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 non - operating vehicles on the site. There is a fenced playground area located behind the residence. As a day care family home, the principal use of the property will remain single family residential. No signage beyond that allowed in single family zones will be permitted. 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 7 T ITEM NO.: 9. JEFFERSON DAY CARE CENTER CON'T r i Planniny_Division: No Comments. Landscape: Site plan must comply with the City's minimal landscape and buffer ordinance requirements. The circulation and design of the parking lot is questionable. The zoning buffer ordinance requires a minimum eight (8) foot wide land use buffer along the southern perimeter of the site next to the residentially zoned property. Seventy percent (70%) of this buffer is to remain undisturbed. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the southern perimeter of the site next to the residentially zoned property. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year - around requirement. Landscaping will be required in conjunction with the newly proposed parking lot and in conjunction with the proposed building addition. A landscaping plan will required per city ordinance prior to the issuance of a building permit. Other: Submit responses to staff comments and four (4) copies of revised site plan no later than Wednesday May 23, 2007. SUBDIVISION COMMITTEE COMMENTS MAY 17, 2007 ITEM NO.: 9. JEFFERSON DAY CARE CENTER CONDITIONAL USE PERMIT (Z-82141 Planning Staff Comments: 1. Provide days of operation; hours are proposed to be 6:00 a.m. — 10:00 p.m. 2. Locate playground area. 3. Thirteen (13) parking spaces are required based on total enrollment of thirty-two (32) children with ten (10) employees. 4. Locate and describe signage. 5. Locate and describe all existing and proposed fencing. 6. Locate and describe all proposed site lighting. 7. Will either dwelling be occupied as a residence? 8. The 1908 Bill of Assurance does not address use issues. Variance/Waivers: • None requested. Public Works: 1. W. 32ND Street is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. 2. Gilman Street is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. 3. A twenty (20) foot radial dedication of right-of-way is required at the intersection of W. 32"d Street and Gilman Street. 4. Additional concrete or asphalt should be installed to provide a one (1) way drive into and out of the property. This may also require the existing concrete drive to be widened. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this property. Entergy: No comment received. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Fire Department: Fire sprinklers may be required along with a fire hydrant. County Planning: No Comments CATA: The site is not located on a CATA bus route. The nearest route is located along W.36`i' Street, 4 blocks to the south. December 6, 2007 ITEM NO.: A (Cont. FILE NO.: Z-8214 PLANNING COMMISSION ACTION: (OCTOBER 11, 2007) The applicant was present. There were no objectors present. As there were only seven (7) Commissioners present, the applicant was offered the opportunity to defer the application to a later date. The applicant stated he wished to defer. A motion was made to defer the item to the December 6, 2007 meeting. The motion was approved by a vote of 5 ayes, 2 noes, 3 absent and 1 open position. PLANNING COMMISSION ACTION: (DECEMBER 6, 2007) The applicants were present. There were no registered objectors present. Staff presented the application, as amended to a special use permit for a day care family home, and a recommendation of approval subject to compliance with conditions noted in the "revised staff recommendation" above. The applicants, Gail Lambert and Lanell Jefferson, stated they had nothing to add and would reserve their time to respond. Ruth Bell, of the League of Women Voters, spoke in support. She stated the League generally supported in -home day care and would support this application as long as the applicant complied with Ordinance requirements. In response to questions from Commissioner Adcock, it was noted that the playground was within a fenced area behind the residence and the broken boards in the fence would be replaced. In response to questions from Commissioner Nunnley, the applicants stated the debris on the site would be cleaned up and Ms. Lambert does live in the residence. Commissioner Laha voiced his opposition to day care family homes in general. He stated the applicants should have made a better effort to gain approval by cleaning up the yard and fixing the fence. A motion was made to approve the application, including all staff comments and conditions. The motion failed by a vote of 4 ayes, 7 noes and 0 absent. 9