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HomeMy WebLinkAboutZ-8484 Staff AnalysisSeptember 17, 2009 ITEM NO: C (Cont. FILE NO.: Z-8484 and no vehicles parked on unpaved area. The applicant is currently caring for no children at this location. The applicant submitted a copy of the Bill of Assurance for the subdivision, which was recorded in 1965 and appears to still be valid. It contains the following language related to land use: "Except for Lots 1, 2, 3, 17, 18 and 19, all lots shall be used for residential property only and no structure other than one detached single family dwelling shall be erected thereon. Lots 1, 2, 3, 17, 18 and 19 may be used for any use now permitted under E-1 zoning in the City of Little Rock, Arkansas." 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 line without regard to intervening structures or objects, from property line to property line. Pr September 17, 2009 ITEM NO: C FILE NO.: Z-8484 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. 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 Comments: (July 16, 2009) Maggie Perry was present, representing the application. Staff presented the proposed day care family home issue. In response to a question raised by staff, Ms. Perry noted that the hours of operation would be 6:00 am. to 6:00 p.m., Monday through Friday. The size of the existing driveway was discussed. Staff explained that space exists for parking four (4) vehicles on the driveway. K, September 17, 2009 ITEM NO: C (Cont.) FILE NO.: Z-8484 The procedure for notifying surrounding property owners was discussed. Ms. Perry indicated that she probably would need additional time to notify the surrounding owners as required. 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 9418 Southboro 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. STAFF UPDATE: The applicant contacted staff on July 23, 2009 and requested the application be deferred to the September 17, 2009 agenda to allow additional time to complete notifications to surrounding property owners. Staff supports the deferral request. PLANNING COMMISSION ACTION: (AUGUST 6, 2009) Staff informed the Commission that the applicant contacted staff on July 23, 2009 and requested the application be deferred to the September 17, 2009 agenda to allow additional time to complete notifications to surrounding property owners. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the September 17, 2009 Agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was deferred. PLANNING COMMISSION ACTION: (SEPTEMBER 17, 2009) Maggie Perry was present, representing the application. There was one (1) person present in support and two (2) persons present in opposition. Staff presented the application with a recommendation of approval. M September 17, 2009 ITEM NO: C (Cont.) FILE NO.: Z-8484 Ruth Bell addressed the Commission in support of the application. She explained that the proposed day care family home complied with ordinance standards and should be approved. Pat Gee, with Upper Baseline Neighborhood Association and SWLR United for Progress, spoke in opposition. She noted that both groups opposed the application. She expressed concern with traffic in the area. She noted that the neighborhood had worked hard to make the area safe. Carla Coleman also spoke in opposition. She also noted concern with traffic in the area. She stated that the bill of assurance for the neighborhood did not allow the use. Maggie Perry addressed the Commission in support of the application. She explained that her house was adjacent to McClellan High School and there were many children in the area every day. She noted that there were several different routes to her house. She also noted that a nearby day care on Geyer Springs Road had recently closed. In response to question from Commissioner Adcock, Ms. Perry explained that she was not interested in opening a day care center, only a day care family home. Ms. Perry also noted that she was in the process of being licensed by the State. In response to questions from Commissioner Nunnley, Ms. Perry noted that she was a real estate agent. She also noted that her daughter would help her with the day care use. Staff noted that there were no other day care uses within 300 feet of Ms. Perry's property. In response to questions from Commissioner Laha, Ms. Perry noted that her clients lived throughout the city. She noted that all drop-off and pick-up of children would be done in the driveway area. The hours of operation were briefly discussed. Commissioner Laha noted that he was opposed to businesses in neighborhoods. Ms. Coleman discussed other issues related to the neighborhood. Commissioner Rector commented in support of day care family homes. Commissioner Nunnley made additional comments in support of the application. Commissioner Adcock asked if Ms. Perry would charge for her day care service. Ms. Perry noted that she would, but would also accept persons who could not afford day care. F September 17, 2009 TEM NO: C (Cont. FILE NO.: Z There was a brief discussion of the commercial properties in the area which were vacant and could be used for a day care center. Commissioner Smith asked Ms. Perry if she was familiar with the Quality Rating Improvement System for day care uses. Ms. Perry noted that she was and would be taking yearly classes. There was a brief discussion of what the ordinance allows for day care uses in residential areas. There was a motion to approve the application, as recommended by staff. The motion passed by a vote of 7 ayes, 3 nays and 1 absent. The application was approved. 0