HomeMy WebLinkAboutZ-6227 Staff AnalysisJanuary 23, 1997
ITEM NO.• A FILE NO.: Z-6227
Name-
Location•
Owner/Applicant:
Proposal:
STAFF ANALYSTS
Howard Day -Care Family Home
Special Use Permit
6612 Juniper Road
Erma Lee Howard
A special use permit is
requested to allow the
occupant of 6612 Juniper Road
to operate a day-care family
home. The property is zoned
R-2.
The occupant of the single family residence located at 6612
Juniper Road is requesting approval of a special use permit
to allow her to operate a day-care family home at that
address. A day-care family home is defined by the Ordinance
as "any facility which provides childcare in a family
setting within a caregiver's family residence in accordance
with provisions of licensing procedures established by the
State of Arkansas. This use is intended to fill that level
of child care between unregulated babysitting and day care
center." Day-care family homes require a special use permit
in the R-2 district.
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.
January 23, 1997
ITEM NO.• A Cont.
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.
6612 Juniper Road is located within the Cloverdale single
family residential neighborhood. All surrounding properties
are occupied by single family homes. The subject property
contains a one story, brick and frame residential structure.
The side and rear yard area is enclosed by a 4 foot tall
chain-link fence.
Day Care Family Homes are intended to fill the need for
childcare services between babysitting and the formal
setting of a day-care center. The concept is to allow the
occupant of a single family home to keep from 6-10 children
(including the care -giver's) in a residential setting. The
primary use of the property is to remain single family
residential. Since the property is to remain residential in
nature, items associated with the more formal day care
center type use, such as signage and increased parking are
neither required nor permitted.
There are larger, day-care centers located to the east of
the Cloverdale Neighborhood, on West 83rd Street and on
Frenchman's Lane.
The applicant has requested permission to place a portable
sign on the property giving the name of the child care
business, hours of operation, telephone number and ages of
children accepted. The sign is proposed to be placed out in
the morning and removed in the evening. Proposed hours of
operation are 6:30 A.M. to 6:30 P.M. Staff cannot support
allowing the requested sign. The concept of a day-care
family home discourages the use of signage since the
property is to retain its single family residential nature.
Section 36-551 of the Sign Code allows only one
freestanding, ground -mounted sign denoting the name and
address of the occupant of the home in residential zones.
The sign may not exceed one square foot in area or six feet
in height. Temporary signs that do not meet the standards
for freestanding permanent signs are specifically prohibited
by Section 36-543.
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January 23, 1997
ITEM NO.: A Cont.
STAFF RECOMMENDATION
Staff recommends approval of the special use permit to allow
the occupant of 6612 Juniper Road to operate a day-care
family home subject to compliance with the site and location
criteria established in Section 36-54 of the Code of
Ordinances. Staff does not recommend allowing the applicant
to have the requested sign.
PLANNING COMMISSION ACTION: (DECEMBER 5, 1996)
The applicant was not present. There were two objectors
present. Staff informed the Commission that the applicant
had circulated the notice of public hearing on December 2,
1996; 3 days prior to the public hearing rather than the
required 15 days. There was then a brief discussion
concerning either deferring the item or waiving the bylaws
and hearing it.
Troy Laha, of #7 Althea Court, addressed the Commission. He
noted that he and one other objector had made the effort to
appear at the meeting. He stated that he did not object to
deferring the item to allow for proper notification.
At this point, the item was moved to a later point in the
agenda to see if the applicant would arrive; she never did.
When the item was brought back up, Ruth Bell of the League
of Women Voters, addressed the Commission. She stated that
the League had always felt strongly that proper notification
was inherently necessary. She recommended deferring the
item.
A motion was made to defer the item to the January 23, 1997
meeting with the requirement that the applicant renotify in
the required manner. The motion was approved by a vote of
10 ayes, 0 noes, 0 absent and 1 abstaining (Adcock).
PLANNING COMMISSION ACTION: (JANUARY 23, 1997)
The applicant was not present. There were several objectors
present and several letters of opposition had been received
by staff and forwarded to the Commission. Staff informed
the Commission that new notices had not been presented.
Dana Carney, of the Planning Staff, informed the Commission
that at 2:55 p.m. on January 21, 1997, the applicant had
called and stated that she wanted to withdraw the
application. Ms. Howard had indicated that she would keep
less children than the number which required a Special Use
Permit.
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January 23, 1997
ITEM -NO.: A Cont.
The item was placed on the Consent Agenda and approved for
withdrawal by a vote of 9 ayes, 0 noes and 2 absent.
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