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pc_05 29 1997LITTLE ROCK PLANNING COMMISSION REZONING HEARING MINUTE RECORD MAY 29, 1997 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being ten (10) in number. Ii. Approval of the Minutes of the Previous Meeting The Commission approved the minutes of the May 1, 1997 Planning Commission meeting by a unanimous vote. III. Members Present: Craig Berry Herb Hawn Bill Putnam Sissi Brandon Doyle Daniel Hugh Earnest Ron Woods Larry Lichty Mizan Rahman Pam Adcock Members Absent: Suzanne McCarthy City Attorney: Stephen Giles LITTLE ROCK PLANNING COMMISSION REZONING AGENDA MAY 29, 1997 4000 P.M. I. REZONING ITEMS 1. Z -3915-A 12024 I-30 R-2 and C-3 to C-4 2. Z -6258-A 17901 Cantrell Rd. R-2 to 0-1 3. Z-6304 4120 John Barrow Rd. R-3 and 0-3 to C-3 4. Z-6305 Turner Day Care Family Home 5. Z-6306 Freeman Day Care Family Home 6. Z-6307 Williamson Day Care Family Home (n N Z3)ild W W � } Y Q _ Y a � w U Qg°No v Z � W � n pU /\ �' O1 LL Nobe _ � x p U n � mo SPO Z4 NOlIIWVH OOS z I. S ? y a LL N LL co W W U N NR1dS O i N y�6 b Q 4 � o J y0 N o N bo ow Q�¢. r � w S 1pP� aL 0 w �a s� y J� is A g �Olno May 29, 1997 ITEM NO.: 1 FILE NO.: Z -3915-A Owner: Applicant: Location: Request: Purpose: Size: Existing Use: CalArk International Charles W. Reimer 12024 Interstate 30 Rezone from R-2 and C-3 to C-4 Expansion of existing trucking company and future development 29.19 acres CalArk Trucking and undeveloped tract SURROUNDING LAND USE AND ZONING North - Undeveloped acreage, zoned C-2, C-3 and C-4; floodplain, zoned R-2 South - I-30 Right -of -Way; Industrial Park, zoned I-2 East - I-30 Right -of -Way; Industrial Park, zoned I-2 West - Floodway and church site, zoned R-2 PUBLIC WORKS COMMENTS 1.A sketch grading and drainage plan, a special flood hazard permit, and a special grading permit for flood hazard areas is required. Arkansas Department of Pollution Control and Ecology (ADPCE) and National Pollutant Discharge Elimination System (NPDES) permit should have been issued for this work. 2. Provide striping and signage plans for the development, for Traffic Engineering approval. 3. All driveways shall be concrete aprons per City Ordinance. 4. Stormwater detention ordinance applies to this property. 5. A dedication of right-of-way for Otter Creek Road will be required to 45 feet from centerline for this 5 lane minor arterial. 6. Property frontage needs to have the sidewalks and ramps brought up to the current ADA standards with any planned construction. 7. Otter Creek Road has a 1995 average daily traffic count of 3000. 8. Easements shown for proposed storm drainage. 9. Provide with proposed street construction: a. Proposed design of streets conforming to "MSP" (Master Street Plan). May 29, 1997 ITEM NO.: 1 (Cont.) FILE NO.: Z -3915-A b. Street cross sections of proposed streets at 100, stations. c. Street profiles showing existing and proposed centerlines. d. Sidewalks shall be shown conforming the "MSP". e. Utility excavation within proposed be per Article V of Sec. 30. f. Prepare letter for street lights as 31-403. to Sec. 31-175 and rights-of-way shall required by Sec. g. Plans of all work in right-of-way shall be submitted for approval prior to start of work. h. Contact the AHTD for work within the State Highway right-of-way. 10. Each frontage street is 21 feet with 3 foot shoulders without sidewalk. LAND USE ELEMENT The site is located in the Otter Creek District. The site is shown on the Land Use Plan as Community Shopping, which also extends to the north (the proposed "Otter Creek Mall"). To the west the plan shows Park/Open Space, Single Family, and Public Institutional. South and east, across I-30, Industrial and Light Industrial are shown on the Land Use Plan. Because the site fronts on I-30, which is easily accessible, and has been considered an appropriate place for commercial activity, the staff recommends a change in the Land Use Plan from Community Shopping to Commercial. This would be a minor change. If the Land Use Plan is changed to show Commercial, the Staff would recommend approval of the C-4 request for the site. PUBLIC TRANSPORTATION ELEMENT The site is not located on a Central Arkansas Transit Bus Route. STAFF ANALYSIS The request before the Commission is to rezone this 29.19± acre tract from "R-21" Single Family and "C-3" General Commercial to "C-4" Open Display District. CalArk Trucking, a nonconforming C-4 use occupies the R-2 zoned portion of the site and a small area of the C-3 zoned portion. Nonconforming C-4 uses have occupied the site since it was originally developed for a truck sales and service business prior to the site's annexation into the City in 1979. Rezoning the tract to C-4 will bring the existing use into conformance with zoning and will allow CalArk to make needed expansions. It is also possible that the eastern, 2 May 29, 1997 ITEM NO.: 1 (Cont.) FILE NO.: Z -3915-A undeveloped, portion of the 29.19 acres will be sold to another party for future development. The tract is located at the southwest corner of the Otter Creek interchange off of I-30. There are several hundred acres of undeveloped R-2, C-2, C-3 and C-4 zoned property across Otter Creek Road to the north. Much of this R-2 zoned property to the north is in the floodway and is undevelopable. The large area of C-2 zoned property to the north was at one time envisioned to be the site of the proposed Otter Creek Mall. That plan has since been abandoned. The property adjacent to the west is also an undevelopable floodway. The new site of Geyer Springs Baptist Church is located further to the west. All of the properties across I-30 are zoned I-2 and are occupied by a variety of industrial uses. The Otter Creek District Land Use Plan shows this property as CS, Community Shopping. This is reflective of the site's relationship to the Otter Creek Mall site across Otter Creek Road to the north. The site is isolated from other development to the west by floodplain/floodway. A portion of the site has a long history of C-4 use. Staff believes this location is appropriate for C-4 zoning. C-4 development of the site is compatible with other development in the area. As such, staff believes it is appropriate to approve a minor plan amendment from (CS) Community Shopping to (C) commercial for this site. Such a land use designation will support C-4 zoning for this particular tract. A portion of the site is within the designated floodway. That portion of the site must be zoned (OS) Open Space and an easement must be granted for the floodway. STAFF RECOMMENDATION Staff recommends approval of the requested C-4 zoning and a minor plan amendment from (CS) Community Shopping to Commercial. The portion of the site which lies within the floodway will be zoned OS. PLANNING COMMISSION ACTION: (MAY 29, 1997) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval of the requested C-4 zoning with the floodway to be zoned OS. The item was placed on the Consent Agenda and approved by a vote of 10 ayes, 0 noes and 1 absent. 3 May 29, 1997 ITEM NO.: 2 FILE NO.: Z -6258-A Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Eleanor Karam Joe White, Jr. 17901 Cantrell Rezone from R-2 to 0-1 Redevelop as Quiet Office 4± acres Single Family residence SURROUNDING LAND USE AND ZONING North - Undeveloped acreage, zoned 0-2; church, zoned R-2 South - Undeveloped acreage, zoned 0-3 and MF -12 East - Undeveloped tract, zoned C-3 West - Single Family, zoned R-2 PUBLIC WORKS COMMENTS 1. This is a principal arterial on the Master Street Plan, dedication of right-of-way to 55 feet from centerline will be required. 2. With any construction: a. National Pollutant Discharge System (NPDES) and grading permits are required prior to construction, site grading and drainage plan will need to be submitted and approved. b.Stormwater detention ordinance applies to this property. c. Proposed design of streets conforming to "MSP" (Master Street Plan). d. Sidewalks shall be shown conforming to Sec. 31-175 and the "MSP". e. Driveways shall conform to Sec. 31-210 or Ordinance 16,577. f. Drainage area size and runoff coefficient of watercourses entering the tract. g. Proposed ditch sections. h. Description of existing surface features including soil type and vegetation. i. Utility excavation within proposed rights-of-way shall be per Article v of Sec. 30. j. Prepare letter for street lights as required by Sec. 31-403. May 29, 1997 ITEM NO.: 2 (Cont.) FILE NO.: Z -6258-A k. Plans of all work in for approval prior to 1. Contact the AHTD for right-of-way. LAND USE ELEMENT right-of-way shall be submitted start of work. work within the State Highway The site is located in the Chenal District. The Land Use Plan was recently amended to show this site and properties to the west as Suburban Office. 0-1, Quiet Office, is an appropriate zoning within the Suburban Office classification. Development of the site must conform to the Highway 10 Overlay District guidelines. PUBLIC TRANSPORTATION ELEMENT The site is located on a Central Arkansas Transit Express Route. STAFF ANALYSIS The request before the Commission is to rezone this 4± acre tract from "R-2" Single Family to "0-1" Quiet Office. This 4± acre tract represents the western half of the Karam Estate and is occupied by a large, two-story single family residence. The eastern half of the site was recently rezoned to C-3 General Commercial. The property is located at the rapidly developing intersection of Cantrell Road and Chenonceau Blvd. The Ranch Development is located across Cantrell Road to the north. The 0-2 zoned property directly across Cantrell is currently undeveloped, however a new school and offices are being developed in the area. A church is also located across Cantrell Road, to the northwest. As was previously mentioned, the property adjacent to the east was just recently rezoned to C-3 and is as yet undeveloped. Additional C-3 zoned property is further to the east and a new residential subdivision is being developed beyond that. The wooded tracts to the south are zoned 0-3 and MF -12. A large area of new single family homes extends further to the south, off of Chenonceau Blvd. The 3-4 properties to the west are zoned R-2 and are occupied by single family homes. An "existing business node" containing several PCD zoned businesses is located further to the west. The Chenal District Land Use Plan was recently amended to show this site as well as the remaining home sites to the west as Suburban Office. This 0-1 request is appropriate in the Suburban Office District. The area standards provided in the 0-1 district anticipate that office uses will be K May 29, 1997 ITEM NO.: 2 (Cont.) FILE NO.: Z -6258-A located in close proximity to residential uses. Height, area and parking regulations are designed to assure that office uses will be compatible with adjacent residential districts. The site falls within the Highway 10 Overlay District. Those heightened district design standards will further insure the site's compatibility with adjacent uses when it is developed. STAFF RECOMMENDATION Staff recommends approval of the requested 0-1 zoning. 0-1 conforms to the adopted Plan and is compatible with other development in the area. PLANNING COMMISSION ACTION: (MAY 29, 1997) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The item was placed on the Consent Agenda and approved by a vote of 10 ayes, 0 noes and 1 absent. 3 May 29, 1997 ITEM NO.: 3 FILE NO.: Z-6304 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Oke Construction Company Paul Amponsah 4120 John Barrow Road Rezone from R-3 and 0-3 to C-3 Convert existing residence into a beauty shop .42± acres Single family residence and two vacant lots SURROUNDING LAND USE AND ZONING North - Single Family residence, zoned R-3 South - Vacant lots, zoned 0-3 and C-3 East - Vacant nonresidential building, zoned 0-3 West - Single family residences and vacant lot, zoned R-3 PUBLIC WORKS COMMENTS 1. Dedicate right-of-way to 45 feet from centerline for John Barrow Road. 2. Dedicate right-of-way to 30 feet from centerline for 42nd Street with a 20 foot radial area dedicated at intersection. 3. With any construction: a. Site will need frontage brought up to Master Street Plan standards for commercial street standards with sidewalks. b. Other ordinance provisions will be discussed with applicant in a recommended pre -construction conference. 4. Existing 42nd Street is 24 feet wide with curb and gutter and without sidewalk. Handicap ramp and sidewalk do exist on John Barrow Road. John Barrow is a 4 lane street with a 5 foot sidewalk at back of curb. 5. John Barrow Road has a 1995 average daily traffic count of 6,800. May 29, 1997 ITEM NO.: 3 (Cont.) FILE NO.: Z-6304 LAND USE ELEMENT The site is located in the Boyle Park District. On May 9, 1996 the John Barrow Neighborhood Area Plan was adopted by resolution by the City of Little Rock. As part of that three year, joint planning effort by the area's residents and city staff, a review of the Future Land Use Plan was completed and agreed upon by the John Barrow community. The requested rezoning is in conflict with the Plan which shows the requested site as Office and Single Family Residential. Staff recommends support for the John Barrow Plan and against the rezoning. PUBLIC TRANSPORTATION ELEMENT The site is not located on a Central Arkansas Transit Bus Route. STAFF ANALYSIS The request before the Commission is to rezone this .42± acre tract from R-3 Single Family and 0-3 General Office to C-3 General Commercial. The site consists of 3 lots located at the northwest corner of John Barrow Road and West 42nd Street. A one-story frame residential structure is located on the center lot. The other two lots, one to the north of the house and one to the south, are vacant. The applicant proposes to convert the house into a beauty shop. The southern two lots, including the one occupied by the house, are zoned 0-3. The northern lot is zoned R-3. The property is located in the John Barrow Community and the majority of the properties within an 1/4 mile radius of this site are zoned R-3. Most of these R-3 zoned properties are occupied by single family homes although many of the lots are vacant. There is a small nonresidential node directly at the intersection of 42nd and John Barrow. A vacant commercial building is located on the 0-3 zoned property at the northeast corner of 42nd and John Barrow. Sober Living, Inc., an establishment for the care of alcoholic or narcotic patients, is located on the 0-3 zoned property at the southeast corner of 42nd and John Barrow. The C-3 and 0-3 zoned properties on the west side of John Barrow, south of 42nd Street, are vacant and undeveloped. Single family homes are located on the R-3 zoned properties adjacent to the north and west of the subject property. A lengthy process resulted in adoption, on May 9, 1996, of the John Barrow Neighborhood Plan. This plan recommends that properties at the intersection of 42nd and John Barrow be office, not commercial. This C-3 request does not 2 May 29, 1997 ITEM NO.: 3 (Cont.) FILE NO.: Z-6304 conform to that recently adopted Plan. Staff does not believe it is appropriate to amend the Plan. There are available office and commercial properties in the immediate area, including the vacant building across John Barrow and the vacant lots across 42nd Street. The properties immediately adjacent to this site are occupied by single family homes which could be negatively impacted by the proposed C-3 zoning. STAFF RECOMMENDATION Staff recommends denial of the requested C-3 zoning. PLANNING COMMISSION ACTION: (MAY 29, 1997) The applicant was not present. There were two objectors present. One letter of opposition had been received by the John Barrow Neighborhood Association. Staff informed the Commission that the applicant had amended his rezoning request from C-3 to 0-3. Since two of the lots were already zoned 0-3, the request affected only the northern, R-3 zoned lot. Staff stated that the Land Use Plan and John Barrow Neighborhood area plan recommended an office node at the intersection of West 42nd and John Barrow Road. This lot, staff stated, was directly at the border of the area identified by the Plan as Office and as Residential. It was noted that the area zoned as Office on the east side of Barrow Road was three lots deep. Staff stated that it was appropriate to consider office for the one lot in question since the Plan supported office at the intersection and properties to the south and east were currently zoned 0-3. George Brown, President of the John Barrow Neighborhood Association, spoke in opposition to the proposed rezoning. He stated that he had been unable to meet with the applicant to discuss the rezoning. Mr. Brown stated that the Association wished the northern lot to remain residential. Harold Starr, of 3512 Malloy, spoke in opposition to the rezoning. He stated that he owned property across Barrow Road, to the northeast. In response to a question from Commissioner Adcock, staff stated that the applicant had faxed a letter near the noon hour on May 29 amending the request to 0-3. Dana Carney, of the Planning Staff, stated that he had made staff's position clear to the applicant and, in response, the applicant stated he would either amend the application to 0-3 or withdraw it. Mr. Carney stated that he told the applicant he would take the item to the Commission as amended to 0-3 and the applicant confirmed that amendment in writing. K May 29, 1997 ITEM NO.: 3 (Cont.) FILE NO.: z-6304 There was a discussion of the fact that the applicant was not present. Mr. Carney stated that the applicant had informed him that he might have a problem making it to the meeting. Mr. Carney also stated that he had urged the applicant to attend or to have an agent attend for him. Commissioner Putnam and Woods stated that there was no reason to punish the applicant for not attending. Commissioner Woods asked staff if the Plan showed this property as Office. Dana Carney responded that the office designation on the Plan was so close that staff felt it was appropriate to consider 0-3 for this lot, especially when the adjacent zoning is taken into account. Mr. Carney also noted that a beauty shop could not go in the 0-3 district, byright. Commissioner Woods noted that the 0-3 request appeared to conform to the Plan and asked why the neighborhood association was opposed to it. Mr. Brown stated that he was not aware of the amendment until this meeting. He reaffirmed that the association wished the northern lot to remain residential. In response to a question from the Commission, staff responded that the properties at the intersection were zoned office and commercial as a part of the annexation plans when this area was brought into the City in the 19601x. Commissioner Adcock questioned whether allowing this lot to be rezoned office would set a precedent for future rezonings further north on Barrow Road. Mr. Carney responded that it was very clear that the Plan established an office node at the intersection of 42nd and Barrow and that it was up to the Commission to define the parameters of the node, whether it is 2 or 3 lots wide. He stated that coming any further away from the intersection would clearly be outside of the area shown for office. Commissioner Hawn urged the neighborhood association to support its own plan which showed this area as office. Commissioner Woods stated that he felt the 0-3 request was reasonable and also urged the association to support the Plan. Mr. Brown stated that it was the neighborhood's position that the Plan showed the two lots which are currently zoned 0-3 as Office and the other lots to the north as residential. Commissioner Putnam spoke in support of the 0-3 request. 4 May 29, 1997 ITEM NO.: 3 (Cont.) FILE NO.: Z-6304 Mr. Carney stated that it was clearly a matter of interpretation as to what the Plan showed for this lot. He stated that it was just as possible to interpret the Plan to shown this lot as residential as it was to see it as Office. Mr. Carney stated that the neighborhood association saw it as residential and staff felt it was appropriate for office. A motion was made to approve the application, as amended to 0-3. The motion was approved by a vote of 9 ayes, 1 noe and 1 absent. May 29, 1997 ITEM NO.: 4 FILE NO.: Z-6305 Name: Turner Day Care Family Home Special Use Permit Location: 1700 Pinewood Drive Owner/Applicant: Beulah Turner Proposal: A special use permit is requested to allow the occupant of 1700 Pinewood Drive to operate a day care family home. The property is zoned R-2. STAFF ANALYSIS• The occupant of 1700 Pinewood Drive is requesting a special use permit to allow her to operate a day care family home at that address. She is currently licensed by the Arkansas Department of Human Services for 10 children. The hours of operation are 6:00 a.m. to 6:00 p.m., Monday -Friday. The business has been in operation for 4 years and the applicant was recently notified that a special use permit is required. The general purpose of Section 36-54 states: "Special use permits provide a method of control over certain types of land uses which, while not requiring the full review process of the conditional use permits, do require some review procedure which allows for determination of their appropriateness within the neighborhood for which they are proposed and for public comment." These uses include bed and breakfast hotels, family care facilities and day care family homes. The site and location criteria established by the Zoning Ordinance for day care family homes are as follow: a. This use may be located only in a single-family home, occupied by the care giver. b. Must be operated within licensing procedures established by the State of Arkansas. 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. May 29, 1997 ITEM NO.: 4 (Cont.) FILE NO.: z-6305 e. This use must obtain a special use permit in all districts where day care centers are not allowed by right. 1700 Pinewood Drive is located within a single family neighborhood. All surrounding properties are zoned R-2 and are occupied by single family homes. Highland Park, a large Housing Authority project is being redeveloped one block to the north of this site. The site contains a one-story brick and frame residential structure which is typical of homes in the neighborhood. The property has a rear yard enclosed by a 4 foot tall chain link fence which provides adequate play area. The site also has a single -wide driveway with room for two vehicles. The primary use of the property will remain single family residential. No signage will be permitted other than that allowed in single family zones. The applicant already has her state license and has been in business for 4 years with no apparent adverse impact on the neighborhood. STAFF RECOMMENDATION Staff recommends approval of the special use permit to allow a day care family home subject to the site and location criteria established in Section 36-54. PLANNING COMMISSION ACTION: (MAY 29, 1997) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The item was placed on the Consent Agenda and approved subject to compliance with the site and location criteria of Section 36-54. The vote was 10 ayes, 0 noes and 1 absent. May 29, 1997 ITEM NO.: 5 FILE NO.: Z-6306 Name: Freeman Day Care Family Home Special Use Permit Location: 3805 Pine Cone Drive Owner/Applicant: Earnestine Freeman Proposal: A special use permit is requested to allow the occupant of 3805 Pine Cone Drive to operate a day care family home. The property is zoned R-2. STAFF ANALYSIS• The occupant of 3805 Pine Cone Drive is requesting a special use permit to allow her to operate a day care family home at that address. She is currently licensed by the Arkansas Department of Human Services for 10 children. The hours of operation are 5:00 a.m. to 5:00 p.m., Monday -Friday. The business has been in operation for 11 years and the applicant was recently notified that a special use permit is required. The general purpose of Section 36-54 states: "Special use permits provide a method of control over certain types of land uses which, while not requiring the full review process of the conditional use permits, do require some review procedure which allows for determination of their appropriateness within the neighborhood for which they are proposed and for public comment." These uses include bed and breakfast hotels, family care facilities and day care family homes. The site and location criteria established by the Zoning Ordinance for day care family homes are as follow: a. This use may be located only in a single-family home, occupied by the care giver. b. Must be operated within licensing procedures established by the State of Arkansas. 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. May 29, 1997 ITEM NO.: 5 (Cont.) FILE NO.: Z-6306 e. This use must obtain a special use permit in all districts where day care centers are not allowed by right. 3805 Pine Cone Drive is located in a single family neighborhood south of Baseline Road and west of Hilaro Springs Road. All surrounding properties are zoned R-2 and are occupied by single family homes. Several duplexes and multifamily dwellings are located to the northeast, along American Manor at Hilaro Springs. There are several nonconforming businesses scattered along Hilaro Springs Road. The site contains a one story brick and frame residential structure which is typical of homes in the neighborhood. The entire yard is enclosed by a 4 foot tall chain link fence, providing adequate play area. The site also contains a single wide driveway with room for two cars. The primary use of the property will remain single family residential. No signage will be permitted beyond that allowed in single family zones. The applicant already has her state license and has been in business for 11 years with no apparent adverse impact on the neighborhood. STAFF RECOMMENDATION Staff recommends approval of the special use permit to allow a day care family home subject to compliance with the site and location criteria established by Section 36-54. PLANNING COMMISSION ACTION: (MAY 29, 1997) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The item was placed on the Consent Agenda and approved subject to compliance with the site and location criteria of Section 36-54. The vote was 10 ayes, 0 noes and 1 absent. 2 May 29, 1997 ITEM NO.: 6 FILE NO.: Z-6307 Name: Location: Williamson Day Care Family Home Special Use Permit 14245 Colonel Glenn Road Owner/Applicant: Malcolm and Shana Williamson Proposal: A special use permit is requested to allow the occupants of 14245 Colonel Glenn Road to operate a day care family home. The property is zoned R-2. The applicants propose to operate the day care in a detached building, separate from the house. The property is outside of the city limits but within the City's extraterritorial jurisdiction. STAFF ANALYSIS• The prospective occupants of 14245 Colonel Glenn Road are requesting a special use permit to allow them to operate a day care family home at that address. The applicants propose to actually operate the day care in a detached, two- story building located behind the house. This arrangement has been approved by the Arkansas Department of Human Services. A variance is requested from the site and location criteria of Section 36-54 which requires the use to be located only in a single family home. The general purpose of Section 36-54 states: "Special use permits provide a method of control over certain types of land uses which, while not requiring the full review process of the conditional use permits, do require some review procedure which allows for determination of their appropriateness within the neighborhood for which they are proposed and for public comment." These uses include bed and breakfast hotels, family care facilities and day care family homes. The site and location criteria established by the zoning Ordinance for day care family homes are as follow: a. This use may be located only in a single-family home, occupied by the care giver. May 29, 1997 ITEM NO.: 6 (Cont.) FILE NO.: Z-6307 b. Must be operated within licensing procedures established by the State of Arkansas. 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. 14245 Colonel Glenn Road is located outside of the City but within the City's extraterritorial subdivision and zoning jurisdiction. The city limits are approximately 1.5 miles to the east. The area is very rural in nature. Uses in the area consist primarily of single family homes on large tracts of property. The Humane Society is located approximately 1/4 mile to the west. Other uses in the area include large horse farms and a scattering of various nonconforming small businesses. This site was once occupied by a nonconforming landscape service company which has recently relocated. The 1.9± acre site contains a one story brick home and several outbuildings including a smaller, two story accessory building which is located behind the home. The applicant proposes to operate the day care family home in this two story accessory structure which is heated and cooled and contains a restroom. The property is heavily landscaped and is screened from the road by a combination of fencing and landscaping. There is a large, gravel parking area left from the previous occupancy which is sufficient for this proposed use. Staff believes the requested variance to allow use of the two story accessory building is reasonable if the State will permit it. The site is nearly 2 acres in size and use of the structure should not have an impact on adjacent properties. The number of children will not exceed 10 and no other variances are requested. The primary use of the property will remain single family residential. No signage will be allowed beyond that permitted in single family zones. STAFF RECOMMENDATION Staff recommends approval of the requested special use permit to allow a day care family home subject to compliance with the site and location criteria established in Section 36-54. Staff recommends approval of a variance to allow use K May 29, 1997 ITEM NO.: 6 (Cont.) FILE NO.: Z-6307 of the two story accessory structure for the day care family home subject to approval by the regulatory state agency. PLANNING COMMISSION ACTION: (MAY 29, 1997) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. Staff also recommended approval of the variance to allow use of the accessory structure for the day care family home. The item was placed on the Consent Agenda and approved subject to compliance with the site and location criteria of Section 36-54. The Commission also approved the variance to allow use of the accessory structure subject to approval by the regulatory state agency. The vote was 10 ayes, 0 noes and 1 absent. 3 0 0 0W cc W F - Z Z o� "Ai 0 z E Z a J d I MINE IN I Ij IT 1111111M MEN IN `i ICXX :47 ivui f �7 Z O W z < Lli J 0 F-(D::D I wN0 all Zm co mill r W CD Q¢ N U¢ Z LliMzz n w Q= O Q I —LJ Q 1 0� O o Q F- m W M:E = 0 Q a- 3 J 2 co m Q �I W r Q Z I Ij IT `i ICXX :47 ivui f �7 Z O W z < Lli J 0 F-(D::D wN0 Zm co Z r W CD Q¢ W U¢ Z LliMzz n w Q= O Q I —LJ Q 1 0� O o Q F- m W M:E = 0 Q a- 3 J 2 co m Q �I W r Q Z May 29, 1997 There being no further business before the Commission, the meeting was adjourned at 4:30 p.m. Date Cl 4reta6C ai man