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HomeMy WebLinkAboutZ-8225 Staff AnalysisFILE NO.: Z-8225 NAME: Hubbard Day Care Family Home — Special Use Permit LOCATION: 6724 Carolina Drive OWNER: Derrick and Myia Hubbard APPLICANT: Myia Hubbard 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 6724 Carolina 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 South Brookwood Ponderosa, Mead owcliff/Brookwood and SWLR United for Progress Neighborhood Associations were notified of the public hearing. B. Public Works Issues: No Comments. C. Staff Analysis: 6724 Carolina Drive is located on the west side of Carolina Drive, south of West 65th Street. The properties to the north, south and east are zoned R-2 and contain single family residences. There is PR zoned property (Hindman Park) immediately to the west. 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 5:30 p.m., Monday through Friday. The applicant has noted that she will have no employees. Her mother fills in for her if needed. There is a one -car driveway from Carolina Drive, which widens to a two - car width. There is 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 no vehicles parked on unpaved areas. Staff also observed no vehicles on the site, which were not operational. FILE NO.: Z-8225 (Cont. 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. The principal use of the property will remain single family residential. No signage beyond that allowed in single family zones will be permitted. The applicant submitted a copy of the Bill of Assurance for this neighborhood, which was recorded in 1965 and appears to still be in effect. The Bill of Assurance contains the following language: "(1). No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other one single-family dwelling not to exceed two 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 FILE NO.: Z-8225 Cont. 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 issues 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. D. SUBDIVISION COMMITTEE COMMENT: (MAY 17, 2007) Myia Hubbard 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. In response to a question from the Committee, Mrs. Hubbard noted that there will be no therapist or other employee associated with the day care family home. The issue of notices to surrounding property owners and neighborhood associations was briefly discussed. Staff noted that as of this date no comments from the neighborhood had been received. 3 FILE NO.: Z-8225 Cont.) There being no further issues for discussion, the Committee forwarded the application to the full Commission for final action. E. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a day care family home at 6724 Carolina Drive, 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. PLANNING COMMISSION ACTION: (JUNE 7, 2007) Staff informed the Commission that the applicant requested the application be deferred to the July 19, 2007 Agenda. Staff supported the deferral request. With a vote of 9 ayes, 0 nays, 1 absent and 1 open position, the Commission voted to waive their bylaws and accept the deferral request being less than five (5) working days prior to the public hearing. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the July 19, 2007 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays, 1 absent and 1 open position. PLANNING COMMISSION ACTION: (JULY 19, 2007) Myia Hubbard was present, representing the application. There were two (2) objectors and one (1) supporter present. Staff presented the application with a recommendation of approval. Myia Hubbard addressed the Commission in support of the application. She noted that she had lived at 6724 Carolina Drive for four (4) years. She explained that her day care family home would provide a good opportunity for childcare in the neighborhood. Ruth Bell, of the League of Women Voters, also addressed the Commission in support of the application. She explained that the League of continued to be in support of day care family homes which complied with ordinance standards. John Honea, of the South Brookwood Neighborhood Association, addressed the Commission in opposition. He noted that the proposed day care family home did 2 FILE NO.: Z-8225 (Cont. not conform to the neighborhood's bill of assurance. He also noted that other similar day care type uses could go in the neighborhood. He expressed concern with parking and traffic on Carolina Drive. Pat Gee, of SWLR United for Progress, also spoke in opposition. She noted that her association had voted to oppose the proposed day care family home. She expressed concern with traffic safety in the area, the bill of assurance, and day care uses on main residential streets. Ms. Hubbard noted that there had been no problems with the day care use for five (5) children at 6724 Carolina Drive. Vice -Chairman Taylor asked how long she had cared for five (5) children on the site. She noted that it had been 1 Y2 years. A motion was made to approve the special use permit, as recommended by staff. The motion passed by a vote of 6 ayes, 3 nays, 1 absent and 1 open position. The application was approved. 5 July 19, 2007 ITEM NO.: C FILE NO.: Z-8225 NAME: Hubbard Day Care Family Home — Special Use Permit LOCATION- 6724 Carolina Drive OWNER: Derrick and Myia Hubbard APPLICANT: Myia Hubbard 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 6724 Carolina 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 South Brookwood Ponderosa, Mead owcliff/Brookwood, and SWLR United for Progress Neighborhood Associations were notified of the public hearing. B. Public Works Issues: No Comments- C. Staff Analysis: 6724 Carolina Drive is located on the west side of Carolina Drive, south of West 65th Street. The properties to the north, south and east are zoned R-2 and contain single family residences. There is PR zoned property (Hindman Park) immediately to the west. 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 5:30 p.m., Monday through Friday. The applicant has noted that she will have no employees. Her mother fills in for her if needed. There is a one -car driveway from Carolina Drive, which widens to a two - car width. There is 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 no vehicles parked on unpaved areas. Staff also observed no vehicles on the site, which were not operational. July 19, 2007 ITEM NO: C (Cont.) FILE NO.: Z-8225 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. The principal use of the property will remain single family residential. No signage beyond that allowed in single family zones will be permitted. The applicant submitted a copy of the Bill of Assurance for this neighborhood, which was recorded in 1965 and appears to still be in effect. The Bill of Assurance contains the following language: "(1). No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other one single-family dwelling not to exceed two 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. 2 July 19, 2007 ITEM NO: C (Cont.) FILE NO.: Z-8225 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. Permits cannot 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 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. D. SUBDIVISION COMMITTEE COMMENT: (MAY 17, 2007) Myia Hubbard 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. In response to a question from the Committee, Mrs. Hubbard noted that there will be no therapist or other employee associated with the day care family home. 3 July 19, 2007 ITEM NO: C (Cont.) FILE NO.: Z-8225 The issue of notices to surrounding property owners and neighborhood associations was briefly discussed. Staff noted that as of this date no comments from the neighborhood had been received. There being no further issues for discussion, the Committee forwarded the application to the full Commission for final action. E. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a day care family home at 6724 Carolina Drive, 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. PLANNING COMMISSION ACTION: (J U N E 7, 2007) Staff informed the Commission that the applicant requested the application be deferred to the July 19, 2007 Agenda. Staff supported the deferral request. With a vote of 9 ayes, 0 nays, 1 absent and 1 open position, the Commission voted to waive their bylaws and accept the deferral request being less than five (5) working days prior to the public hearing. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the July 19, 2007 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays, 1 absent and 1 open position. PLANNING COMMISSION ACTION: (J U LY 19, 2007) Myia Hubbard was present, representing the application. There were two (2) objectors and one (1) supporter present. Staff presented the application with a recommendation of approval. Myia Hubbard addressed the Commission in support of the application. She noted that she had lived at 6724 Carolina Drive for four (4) years. She explained that her day care family home would provide a good opportunity for childcare in the neighborhood. CI July 19, 2007 ITEM NO: C (Cont. ILE NO.: Z-8225 Ruth Bell, of the League of Women Voters, also addressed the Commission in support of the application. She explained that the League of continued to be in support of day care family homes which complied with ordinance standards. John Honea, of the South Brookwood Neighborhood Association, addressed the Commission in opposition. He noted that the proposed day care family home did not conform to the neighborhood's bill of assurance. He also noted that other similar day care type uses could go in the neighborhood. He expressed concern with parking and traffic on Carolina Drive. Pat Gee, of SWLR United for Progress, also spoke in opposition. She noted that her association had voted to oppose the proposed day care family home. She expressed concern with traffic safety in the area, the bill of assurance, and day care uses on main residential streets. Ms. Hubbard noted that there had been no problems with the day care use for five (5) children at 6724 Carolina Drive. Vice -Chairman Taylor asked how long she had cared for five (5) children on the site. She noted that it had been 1 '/ years. A motion was made to approve the special use permit, as recommended by staff. The motion passed by a vote of 6 ayes, 3 nays, 1 absent and 1 open position. The application was approved. 4w