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HomeMy WebLinkAboutPC Minutes for Z-6717-ANovember 10, 2022 ITEM NO.: 2 FILE NO.: Z-6717-A NAME: Epperson Daycare Family Home – Special Use Permit LOCATION: 513 Thayer Street DEVELOPER: Latarsha Epperson 513 Thayer Street Little Rock, AR 72205 OWNER/AUTHORIZED AGENT: John Epperson – Owner Latarsha Epperson – Agent AREA: 0.17 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 3 PLANNING DISTRICT: 9 CENSUS TRACT: 48 CURRENT ZONING: R-3 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: A Special Use Permit is requested to allow a daycare family home to be operated in the single family residence located on the R-3 zoned property. B. EXISTING CONDITIONS: The property contains a 896 square foot, one-story frame residence. The property slopes upward from Thayer Street. The front and rear yards are fenced. A paved alley right-of-way is located at the rear of the lot, with a gravel parking pad in the rear yard area. C. NEIGHBORHOOD NOTIFICATIONS: All owners of property located within 200 feet of the site and all neighborhood associations registered with the City of Little Rock were notified of the public hearing. D. ENGINEERING COMMENTS: No comments. November 10, 2022 ITEM NO.: 2 (Cont.) FILE NO.: Z-6717-A 2 E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments received. Entergy: No comments received. Summit Utility: No comments. AT & T: No comments received. Central Arkansas Water: No Objections. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Fire Department: No comments. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: No comments. H. ANALYSIS: The applicant is requesting a Special Use Permit to allow a daycare family home to be operated in the single family residence on the R-3 zoned property located at 513 Thayer Street. The proposed daycare family home will have a maximum of ten (10) children. The applicant proposes the hours of operation to be from 7:30 AM to 5:00 PM., Monday through Friday. The applicant notes that she will have one (1) employee which resides off-site. The rear yard area is fenced for an outdoor play area. November 10, 2022 ITEM NO.: 2 (Cont.) FILE NO.: Z-6717-A 3 A paved alley right-of-way is located along the rear (east) property line, and provides access to the property. A gravel parking pad is located in the rear yard area, and will be utilized for the drop-off/pick-up of children. The principal use of the property will remain single family residential. No signage beyond that allowed in single family zones will be permitted. No bill of assurance was found by the Pulaski County Circuit Clerk’s office. The Circuit Clerk’s office only provided the applicant with a copy of the old plat for Capitol Hill Extension Addition. 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: 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 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 are required to obtain a city 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 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. November 10, 2022 ITEM NO.: 2 (Cont.) FILE NO.: Z-6717-A 4 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. l. 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 marshal 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 staff could find no permitted/licensed day care family homes or day care centers within 300 feet of the site. The fire marshal’s office has inspected and approved the property for a daycare family home. The applicant has submitted a copy of the report to staff. I. STAFF RECOMMENDATION: Staff recommends approval of the Special Use Permit to allow a day care family home at 513 Thayer Street, 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: (NOVEMBER 10, 2022) The applicant was present. There were no persons present registered in opposition. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item remained on the consent agenda for approval as recommended by staff, including all staff comments and conditions. The vote was 8 ayes, 0 nays and 2 absent and 1 open position.