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HomeMy WebLinkAboutZ-8845 Staff AnalysisSUBDIVISION COMMITTEE COMMENTS MARCH 13, 2013 ITEM NO.: 2. HUBBARD DAY CARE FAMILY HOME - SPECIAL USE PERMIT 7315 GRACE DRIVE Z-8845 Planning Staff Comments: 1. The applicant, Sheronda Hubbard, is requested a Special Use Permit to allow a day care family home (ten (10) children maximum) at 7315 Grace Drive. 2. The property is occupied by a one-story brick and frame single family residence. An enclosed carport area will be utilized for the day care use. 3. There is a two -car wide driveway from Grace Drive, with off-street parking for four (4) vehicles. 4. The rear yard is fenced and should provide a safe play area. 5. Ms. Hubbard proposes to operate the day care family home from 7:00 a.m. to 7:00 p.m., Monday through Friday. 6. Ms. Hubbard has noted that she will have no employees. Her sister and mother will help her when she needs to leave the house from time to time. 7. The applicant submitted a copy of the Bill of Assurance for this neighborhood, which was recorded in 1965 and appears to still be active. It contains the following with respect to land use: "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." 8. 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 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 home proposed to be located within three hundred (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 purpose 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. 1. 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. in. The Fire Marshall must approve use of the residence for the proposed day care family home. 9. An inspection conducted by staff revealed no day care centers or day care family homes within three hundred (300) feet of the site. ITEM NO.: 2 CON'T Z-8845 Variance/Waivers: • None Requested Public Works: 1. No Comments. April 4, 2013 ITEM NO.: 2 FILE NO.: Z-8845 Name: Hubbard Day Care Family Home — Special Use Permit Location: 7315 Grace Drive Owner: Sharonda Hubbard Applicant: Sharonda 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 7315 Grace Drive. A. Public Notification: All owners of property located within 200 feet of the site and the South Brookwood Ponderosa, Mead owcl iff/B rookwood and SWLR United for Progress Neighborhood Associations were notified of the public hearing. B. Public Works Issues: No Comments. C. Staff Analysis: 7315 Grace Drive is located on the south side of Grace Drive, between Morgan Drive and Brookview Drive. All surrounding properties are zoned R-2 and contain single family residences. A church development is located to the east along Brookview Drive. The applicant's house 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 7:00 a.m. to 7:00 p.m., Monday through Friday. The applicant has noted that she will have no employees, unless one is required by the State. Her mother or sister will fill in for her if she needs to leave the house for a short time. There is a two -car wide driveway from Grace Drive. There is off-street parking for four (4) vehicles. 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. April 4, 2013 ITEM NO.: 2 Cont. FILE NO.: Z-8845 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: "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." 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 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 home proposed to be located within three hundred (300) feet of a licensed day care center or an operating day care family home for which a Special Use Permit has previously 2 April 4, 2013 ITEM NO.: 2 FILE NO.: Z-8845 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. 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 an area survey conducted by staff, there are no permitted/licensed day care family homes or day care centers within 300 feet of the site. D. Subdivision Committee Comment: (March 13, 2013) Sharonda Hubbard was present, representing the application. Staff presented the application to the Committee. Ms. Hubbard's proposal was briefly discussed. Staff noted that Ms. Hubbard will have no employees, unless one is required by the State. Staff noted that no additional information was needed from Ms'. Hubbard, and that there appeared to be 3 April 4, 2013 ITEM NO.: 2 Cont. FILE NO.: Z-8845 no outstanding issues. After the discussion, the Committee forwarded the application to the full Commission for final action. E. Staff Recommendation: mendation: Staff recommends approval of the Special Use Permit to allow a day care family home at 7315 Grace 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: (APRIL 4, 2013) Sharonda Hubbard was present, representing the application. There was one (1) objector and one (1) supporter present. Staff presented the application with a recommendation of approval. Sharonda Hubbard addressed the Commission in support of the application. She explained that she currently cares for five (5) children in her home. She noted that the children are at her home during various times during the day. She explained that she would like to have a commercial location for a day care center in the future. Ruth Bell spoke in favor of the application. She made comments in support of day care family homes. Troy Laha spoke in opposition. He noted that SWLR United for Progress voted to oppose the application. He noted that there were other day care uses near the neighborhood and expressed a concern with traffic. Ms. Hubbard noted that she had experience with children and was in compliance with State requirements. She explained that her neighbors had no objection to the application. There was a brief discussion related to the ages of children Ms. Hubbard cares for and the State requirements for day care family homes. There was a motion to approve the application as recommended by staff. The motion passed with a vote of 6 ayes, 1 nay, 3 absent and 1 open position. 0