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HomeMy WebLinkAboutZ-8396 Staff AnalysisOctober 2, 2008 ITEM NO.: 2 FILE NO.: Z-8396 NAME: Jones Day Care Family Home — Special Use Permit LOCATION: 4 Bjorn Borg Court OWNER: Ervin and Tarkeisher Jones APPLICANT: Tarkeisher Jones 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 4 Bjorn Borg Court. 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 Otter Creek Homeowners Association and SWLR United for Progress were notified of the public hearing. B. Public Works Issues: No Comments. C. Staff Analysis: 4 Bjorn Borg Court is located on the west side of Bjorn Borg Court, south of Wimbledon Loop. All adjacent properties are zoned R-2 and contain single family residences. The Otter Creek Elementary School campus is located over 300 feet to the south. The applicant's home is a one-story brick and frame structure, and is typical of those in the area. The applicant notes that the fenced rear yard will be used for play area. The applicant proposes to operate a day care family home from 6:45 a.m. to 5:30 p.m., Monday through Friday. The applicant has noted that she may have one (1) employee if required by the State. There is a two -car wide driveway from Bjorn Borg Court 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. October 2, 2008 ITEM NO: 2 (Cont. V19WO150] A-119 • • 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 1974 and contains the following language with respect to land use. 1. Use of Land. None of the lots defined as "Low Density Residential" may be improved, used or occupied for other than private residence purposes, and no duplex, flat, apartment or condominium, although intended for residence purposes, may be erected or maintained thereon. The tracts of land designated on the plat of Otter Creek Community, Phase 1 as Reserved shall be used in accordance with regulations of the City of Little Rock and Pulaski County, Arkansas." 7. Commercial Structures. No building or structure of any sort may ever be placed, erected or used for business, professional, trade or commercial purposes on any portion of any lot. This prohibition shall not apply to any business or structures that may be placed on any lot or portion of a lot that is used exclusively by a public utility company in connection with the furnishing of public utility service to Otter Creek Community, Phase 1." According to Section 36-54(e)(3) of the City's Zoning Ordinance, the site and location criteria for Day Care Family Homes are as follows: Day Care Family Home: a. This use may be located only in a single-family home, occupied by the caregiver and which is the full time residence of the caregiver. 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 caregivers. oil October 2, 2008 ITEM NO: 2 (Cont. FILE NO.: Z-8396 d. The minimum to qualify for special use permit is six (6) children from households other than the caregivers. 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 home 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. 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. Section 36-54(d) is as follows: (d) Transfer of permits. Special use permits shall not be transferable in any manner. Permits cannot be passed (from) owner to owner, location to location or use to use. 3 October 2, 2008 ITEM NO: 2 Cont. FILE NO.: Z-8396 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: (SEPTEMBER 11, 2008) Tarkeisher Jones was present, representing the application. Staff presented the item with a brief description of the proposed day care use. In response to a question from staff, Ms. Jones noted that the proposed hours of operation will be 6:45 a.m. to 5:30 p.m., Monday through Friday. The Bill of Assurance for the neighborhood was discussed. Ms. Jones noted that the neighbors she had talked to had expressed no opposition to her proposed day care family home. Staff noted that some additional information was needed from Ms. Jones. Ms. Jones stated that it would be provided in writing to staff. After the discussion, the Committee forwarded the issue 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 4 Bjorn Borg Court, subject to the following conditions: 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. PLANNING COMMISSION ACTION: (OCTOBER 2, 2008) Tarkeisher Jones was present, representing the application. There were four (4) persons present in opposition. Staff presented the application with a recommendation of approval. Tarkeisher Jones addressed the Commission in support of the application. Commissioner Nunnley asked how long she had been a resident at 4 Bjorn Borg Court. Ms. Jones indicated that she had been a resident for five (5) years. CI October 2, 2008 ITEM NO: 2 Cont. FILE NO.: Z-8396 Rick Millard addressed the Commission in opposition. He expressed parking and safety concerns with the proposed day care family home. He noted that the proposed day care use would be a violation of the neighborhood's bill of assurance. Don Shellabarger also spoke in opposition. He noted that he had been an Otter Creek resident since 1982. He briefly discussed the bill of assurance issue. Bret Curry, of the Otter Creek Homeowners Association, also spoke in opposition. He explained that there was existing commercial property outside the single-family area of Otter Creek where a day care use could be located. He discussed the bill of assurance issue. He stated that the neighborhood association would file a lawsuit if the Planning Commission approved the day care family home. Ms. Jones explained that she only wished to care for six (6) children. She stated that the Otter Creek Women's Club had a business expo in the neighborhood each year. She noted that several other residents of Otter Creek had home -based businesses. Ruth Bell, of the League of Women Voters, addressed the Commission in support of the application. She noted that home occupations were supported by the City and explained. Commissioner Rector noted that the applicant only wanted to care for six (6) children. Ms. Jones noted that she would only care for six (6) children, but would like the option to keep up to 10 at a later date. Commissioner Laha made comments related to home occupation and why they are located in residential areas. He stated that he would vote to uphold the neighborhood's bill of assurance. Mr. Curry explained the women's club expo that occurred each year. There was a motion to approve the application as recommended by staff. The motion failed by a vote of 5 ayes, 5 nays and 1 absent. The application was denied. F