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HomeMy WebLinkAboutZ-8376 Staff AnalysisAugust 21, 2008 ITEM NO.: 1 FILE NO.: Z-8376 NAME: Munson Day Care Family Home — Special Use Permit LOCATION: 5616 Evergreen Drive OWNER: Tim Laughlin APPLICANT: Rebecca Munson PROPOSAL: A Special Use Permit is requested to allow a Day Care Family Home (preschool) to be operated in the single-family residence located on the R-2 zoned property at 5616 Evergreen 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 Hillcrest and Prospect Terrace Neighborhood Associations were notified of the public hearing. B_ Public Works Issues: No Comments. C. Staff Analvsis: 5616 Evergreen Drive is located on the north side of Evergreen Drive, between N. Fillmore and N. Taylor Streets. The properties to the north, east and west are zoned R-2 and contain single-family residences. The Forest Heights Middle School campus is located to the southwest, with a multifamily development approximately 150 feet to the west. The -applicant's home is a one-story brick and frame structure, and is typical of those in the area. The applicant notes that a small area of the rear yard will be fenced for a play area. The applicant proposes to operate the day care family home (preschool) from 7:30 a.m. to 5:30 p.m., Monday through Friday. The applicant has noted that she may have one (1) employee if she has more than five (5) children. There is a two -car wide driveway from the alley along the east property line, with parking for four (4) vehicles. Staff believes this parking will be adequate to serve the day care family home. On inspection of the property, staff observed no vehicles parked on unpaved areas and no non -operational vehicles. August 21, 2008 ITEM NO: 1 (Cont.) FILE NO.: Z-8376 There is currently no day care use taking place on the property. 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 1904 and is not legible. It likely contains no use issues. 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. 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. 2 August 21, 2008 ITEM NO: 1 (Cont.) FILE NO.: Z-8376 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. D. SUBDIVISION COMMITTEE COMMENT: (JULY 31, 2008) Rebecca Munson was present, representing the application. Staff presented the item within a brief description of the proposed day care use. In response to questions posed by staff, Ms. Munson noted that she was in the process of becoming licensed by the State, and would possibly have one (1) employee if she kept six (6) or more children. Ms. Munson noted that an area of the rear yard -would be fenced for a play area, and that there would be no play area in the front yard. She noted that the accessory building in the rear yard would not be used in conjunction with the day care family home. Drop-off and pick-up of children was briefly discussed. After the 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 5616 Evergreen Drive, subject to the following conditions: 3 August 21, 2008 ITEM NO: 1 (Cont.) _ FILE NO.: Z-8376 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. 4. No portion of the front yard area shall be used as a play area. 5. The accessory building in the rear yard shall not be used in conjunction with the day care family home. PLANNING COMMISSION ACTION: (AUGUST 21, 2008) Rebecca Munson was present, representing the application. There were several objectors present. Staff presented the application with a recommendation of approval. Rebecca Munson addressed the Commission in support of the application. She gave a brief background of her experience in childcare. She noted that she had talked to several of the neighbors regarding the application. She explained that the parents of most of the children she cares for work in the area. Bill Gregg addressed the Commission in opposition. He expressed concern with traffic in the area and access to the property. He noted that the day care use was a business and shouldn't be allowed. Paul Jay Enderlin also spoke in opposition. He explained where he lived in relation to the subject property. He noted that he did not want the day care use in the neighborhood. Louise Logue also spoke in opposition. She expressed concern with traffic and the condition of Evergreen Drive and the alley. Leigh Brunner also spoke in opposition. She explained that she recently purchased her house and would not have done so if the day care use were present on the subject property. William O'Donnell also spoke in opposition. His main opposition was the effect of the day care use on property values. He briefly discussed this issue. Ruth Bell addressed the Commission in support of the application. She explained that the League of Women Voters supported day care uses that operate within the guidelines of the City and State. ll August 21, 2008 ITEM NO: 1 (Cont.) FILE NO.: Z-8376 Ms. Munson presented a PowerPoint presentation to the Commission, which included photos of the property, surrounding properties and streets. She explained that parents of the children work in the area and will be in the area regardless of whether they bring their children to her home. She reviewed the photos with the Commission. Commissioner Laha noted opposition to the application. Mike Hood, of Public Works, addressed the Commission regarding street issues. He explained that changes had been made in the area, including speed bumps and sidewalks. He explained that there was adequate site -distance to pull out of the alley onto Evergreen Drive. He anticipated the day care use would generate 20 vehicle trips per day. He explained that Evergreen Drive was a collector street with a current traffic count of 3,800 vehicles per day, and noted the street was built to carry 5,000 vehicles per day. Commissioner Rector explained his experience with a day care use in his neighborhood and noted that he was not opposed to the proposed day care family home. Commissioner Meyer commented on operating a business from a home. He noted he was opposed to the application. Commissioner Hargraves explained that he lived in the neighborhood and noted that he supported the day care family home, as it complied with ordinance standards. He explained that the proposed day care use appeared to be a quality operation. He commented on traffic in the area. There was a motion to approve the application, as recommended by staff. The motion passed by a vote of 6 ayes, 4 nays and 1 absent. wt