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HomeMy WebLinkAboutZ-8553 Staff AnalysisJune 3, 2010 ITEM NO.: 5 FILE NO.: Z-8553 NAME: Pippins Day Care Family Home — Special Use Permit LOCATION: 5304 Keats Drive OWNER: Jameeka L. Pippins APPLICANT: Jameeka L. Pippins 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 5304 Keats 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 Windamere and SWLR United for Progress Neighborhood Associations were notified of the public hearing. B. Staff Analysis: 5304 Keats Drive is located on the north side of Keats Drive, between Shelly Drive and Dreher Lane in the Windamere Subdivision. All surrounding properties are zoned R-2 and contain single family residences. There is a large apartment complex located further south. The applicant's home is a one-story brick and frame single family residence, and is typical of those in the general area. The rear yard is fenced and should provide a safe play area. Proposed hours of operation are 6:00 a.m. to 6:00 p.m., Monday thru Friday. The applicant notes that there is one (1) parent with two (2) children which she cares for from 2:30 p.m. to 11:30 p.m. four (4) out of every six (6) days. The applicant has noted that she will have one (1) employee which lives off -site. There is a two -car wide driveway from Keats Drive with parking for six (6) vehicles including the carport. Staff feels 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 are not operational.. The applicant is currently providing care for five (5) children at this location, since March, 2010. The applicant is in the process of being licensed by the State for up to ten (10) children. June 3, 2010 ITEM NO: 5 Cont.) FILE NO.: Z-8553 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 subdivision which was recorded in 1956. The bill of assurance contains the following language: "Land Use and Building Type. No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling not to exceed one story in height." 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. 2 June 3, 2010 ITEM NO: 5 (Cont.) FILE NO.: Z-85 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. 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. Additionally, staff has received no complaints from neighbors since the applicant began caring for children at this address, as of March, 2010. C. Subdivision Committee Comments: (May 13, 2010) Jameeka Pippins was present, representing the application. Staff briefly described the proposed day care family home use. Ms. Pippins noted that she has been caring for up to five (5) children at this location for three (3) months. In response to a question from staff, Ms. Pippins explained the proposed hours of operation, as noted in paragraph B. of this report. Ms. Pippins also noted that she would have one (1) employee who resides off -site. In response to a question from the Committee, Ms. Pippins stated that she was the owner and resident of 5304 Keats Drive. After the discussion, the Committee forwarded the application to the full Commission for final action. 3 June 3, 2010 ITEM NO: 5 (Cont. D. Staff Recommendation: FILE NO.: Z-8553 Staff recommends approval of the Special Use Permit to allow a day care family home at 5304 Keats 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. 4. The hours of operation and number of children are limited to those proposed by the applicant, and noted in paragraph B. of the staff report. PLANNING COMMISSION ACTION: (JUNE 3, 2010) Jameeka L. Pippins was present, representing the application. There were five (5) objectors present. Staff presented the application with a recommendation of approval. Jameeka L. Pippins addressed the Commission in support of the application. She explained that she currently cared for five (5) children at this location and wished to expand to ten (10) children. Commissioner Nunnley asked how large the house is. Ms. Pippins noted that the house was 1,000 square feet in area. Ruth Bell spoke in support of the application. She noted support for day care family homes which complied to ordinance standards. Pat Gee, vice-president of the Southwest Little Rock United for Progress, spoke in opposition. She noted that the bill of assurance did not allow business uses. She noted that there were other day care uses in the area. She explained that the Windamere Neighborhood Association opposed the application. Bonnie Shelton, of 5308 Keats Drive, also spoke in opposition. She noted that the neighborhood was not an appropriate location for a day care use. She stated that Ms. Pippins should locate in a commercial location. Ms. Pippins noted that there would be security cameras on the site. She explained that the children she cared for after hours were dropped off at the parent's location, and that there was no pick-up of children at this location after hours. Commissioner Nunnley asked Ms. Pippins if she lived at 5304 Keats Drive. Ms. Pippins stated that she did live there. Ms. Pippins noted that she would have no pick-up of children after 6:00 p.m. 51 June 3, 2010 ITEM NOS 5 (Cont. FILE NO.: Z-8553 Commissioner Rouse asked Ms. Shelton if she had any problems with the day care use of five (5) children since March, 2010. Ms. Shelton stated that she had no problems, but there had been increased traffic. Commissioner Laha noted that several day care uses in the area had closed because of lack of business. He made general comments related to day care uses in neighborhoods and a past bill of assurance court case. There was a motion to approve the application as revised by the applicant (no pick-up of children after 6:00 p.m.), and recommended by staff. The motion failed by a vote of 5 ayes, 4 nays and 2 absent. The motion failed and the application was denied. 5 FILE NO.: NAME: Pippins Day Care Family Home — Special Use Permit LOCATION: 5304 Keats Drive OWNER: Jameeka L. Pippins APPLICANT: Jameeka L. Pippins 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 5304 Keats 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 Windamere and SWLR United for Progress Neighborhood Associations were notified of the public hearing. B. Staff Analvsis: 5304 Keats Drive is located on the north side of Keats Drive, between Shelly Drive and Dreher Lane in the Windamere Subdivision. All surrounding properties are zoned R-2 and contain single family residences. There is a large apartment complex located further south. The applicant's home is a one-story brick and frame single family residence, and is typical of those in the general area. The rear yard is fenced and should provide a safe play area. Proposed hours of operation are 6:00 a.m. to 6:00 p.m., Monday thru Friday. The applicant notes that there is one (1) parent with two (2) children which she cares for from 2:30 p.m. to 11:30 p.m. four (4) out of every six (6) days. The applicant has noted that she will have one (1) employee which lives off -site. There is a two -car wide driveway from Keats Drive with parking for six (6) vehicles including the carport. Staff feels 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 are not operational. The applicant is currently providing care for five (5) children at this location, since March, 2010. The applicant is in the process of being licensed by the State for up to ten (10) children. FILE NO.- Z-8553 (Cont, 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 subdivision which was recorded in 1956. The bill of assurance contains the following language: "Land Use and Building Type. No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling not to exceed one story in height." 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. 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 FILE NO.: Z-8553 (Cont. 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 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. Additionally, staff has received no complaints from neighbors since the applicant began caring for children at this address, as of March, 2010. C. Subdivision Committee Comments: (May 13, 2010) Jameeka Pippins was present, representing the application. Staff briefly described the proposed day care family home use. Ms. Pippins noted that she has been caring for up to five (5) children at this location for three (3) months. In response to a question from staff, Ms. Pippins explained the proposed hours of operation, as noted in paragraph B. of this report. Ms. Pippins also noted that she would have one (1) employee who resides off -site. In response to a question from the Committee, Ms. Pippins stated that she was the owner and resident of 5304 Keats Drive. After the discussion, the Committee forwarded the application to the full Commission for final action. D. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a day care family home at 5304 Keats Drive, subject to the following conditions: 1. Compliance with the site and location criteria in Section 36-54(e)(3). 3 NO.: Z-8553 (Cont. 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. The hours of operation and number of children are limited to those proposed by the applicant, and noted in paragraph B. of the staff report. PLANNING COMMISSION ACTION: (JUNE 3, 2010) Jameeka L. Pippins was present, representing the application. There were five (5) objectors present. Staff presented the application with a recommendation of approval. Jameeka L. Pippins addressed the Commission in support of the application. She explained that she currently cared for five (5) children at this location and wished to expand to ten (10) children. Commissioner Nunnley asked how large the house is. Ms. Pippins noted that the house was 1,000 square feet in area. Ruth Bell spoke in support of the application. She noted support for day care family homes which complied to ordinance standards. Pat Gee, vice-president of the Southwest Little Rock United for Progress, spoke in opposition. She noted that the bill of assurance did not allow business uses. She noted that there were other day care uses in the area. She explained that the Windamere Neighborhood Association opposed the application. Bonnie Shelton, of 5308 Keats Drive, also spoke in opposition. She noted that the neighborhood was not an appropriate location for a day care use. She stated that Ms. Pippins should locate in a commercial location. Ms. Pippins noted that there would be security cameras on the site. She explained that the children she cared for after hours were dropped off at the parent's location, and that there was no pick-up of children at this location after hours. Commissioner Nunnley asked Ms. Pippins if she lived at 5304 Keats Drive. Ms. Pippins stated that she did live there. Ms. Pippins noted that she would have no pick-up of children after 6:00 p.m. Commissioner Rouse asked Ms. Shelton if she had any problems with the day care use of five (5) children since March, 2010. Ms. Shelton stated that she had no problems, but there had been increased traffic. Commissioner Laha noted that several day care uses in the area had closed because of lack of business. He made general comments related to day care uses in neighborhoods and a past bill of assurance court case. E FILE NO.: Z-8553 (Cont. There was a motion to approve the application as revised by the applicant (no pick-up of children after 6:00 p.m.), and recommended by staff. The motion failed by a vote of 5 ayes, 4 nays and 2 absent. The motion failed and the application was denied. 5