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HomeMy WebLinkAboutZ-6307 Staff AnalysisMay 29,'1997 ITEM NO.: 6 . FILE NO.: Z-6307 Name: Location• Owner/Applicant: Proposal: STAFF ANALYSIS• Williamson Day Care Family Home Special Use Permit 14245 Colonel Glenn Road Malcolm and Shana Williamson 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. 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 2 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