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HomeMy WebLinkAboutZ-6361 Staff AnalysisAugust 21, 1997 ITEM NO.: 7 FILE NO.: Z-6361 Name: Location- owner/Applicant: Proposal: STAFF ANALYSIS: Marshall Day Care Family Home Special Use Permit 1314 South Harrison Street Lynnah Selmen/Jack Marshall A special use permit is requested to allow the occupant of 1314 S. Harrison Street to operate a day care family home. The property is zoned R-3. The occupant of 1314 S. Harrison Street is requesting a Special Use Permit to allow her to operate a day care family home at that address. She proposes to keep up to 10 children ranging in age from 6 weeks to 5 years old. The proposed hours of operation are 6:00 a.m. to 6:00 p.m., Monday through Friday. 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. August 21, 1997 ITEM NO.: 7 Cont. FILE NO.: Z-6361 e. This use must obtain a special use permit in all districts where day care centers are not allowed by right. 1314 S. Harrison is located at the northern fringe of the Oak Forest neighborhood. All surrounding properties are zoned R-3 and are occupied by single family homes. The 12th Street Commercial District with its variety of commercial uses is located 1 1/2 blocks to the north. The site contains a one-story frame residential structure which is typical of homes in the neighborhood. The rear yard is enclosed by a chain-link fence, providing adequate play area. The site also has a single -wide driveway with room for 3 vehicles. The primary use of the property will remain single family residential. No signage will be permitted beyond that allowed in single family zones. Staff believes the proposed use will have no 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 of Section 36-54. PLANNING COMMISSION ACTION: (AUGUST 21, 1997) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the site and location criteria of Section 36-54. There was a brief discussion of a possible change in City policy regarding day care family homes currently in the early stage of discussion at the City Board of Directors level. It was felt that it was appropriate to approve this application with the additional condition that there be staff review after one year. If there is a change in city policy in this one year period, the item is to be brought back to the Commission for reconsideration. The item was placed on the Consent Agenda and approved by a vote of 10 ayes, 0 noes and 1 absent, subject to the conditions recommended by staff and added by the Commission as noted above. 2 August 21, 1997 lac> ITEM NO.: 7 FILE NO.• Z-6361 Name: Marshall Day Care Family Home Special Use Permit Location.. 1314 South Harrison Street owner/Applicant: Lynnah Selmen/Jack Marshall Proposal: A special use permit is requested to allow the occupant of 1314 S. Harrison Street to operate a day care family home. The property is zoned R-3. a I M_ STAFF ANALYSIS• The occupant of 1314 S. Harrison Street is requesting a. Special Use Permit to allow her to operate a day care family home at that address. She proposes to keep up to 10 children ranging in age from 6 weeks to 5 years old. The proposed hours of operation are 6:00 a.m. to 6:00 p.m., Monday through Friday. 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. August 21, 1997 ITEM Na.: 7 Cont. FILE NO.: Z-6361 e. This use must obtain a special use permit in all districts where day care centers are not allowed by right. 1314 S. Harrison is located- at the northern fringe of the Oak Forest neighborhood. All surrounding properties are zoned R-3 and are occupied by single family homes. The 12th Street Commercial District with its variety of commercial uses is located 1 1/2 blocks to the north. The site contains a one-story frame residential structure which is typical of homes in the neighborhood. The rear yard is enclosed by a chain-link fence, providing adequate play area. The site also has a single -wide driveway with room for 3 vehicles. The primary use of the property will remain single family residential. No signage will be permitted beyond that allowed in single family -zones. Staff believes the proposed use will have no 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 of Section 36-54. PLANNING COMMISSION ACTION: (AUGUST 21, 1997) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the site and location criteria of Section 36-54. There was a brief discussion of a possible change in City policy regarding day care family homes currently in the early stage of discussion at the City Board of Directors level. It was felt that it was appropriate to approve this application with the additional condition that there be staff review after one year. If there is a change in city policy in this one year period, the item is to be brought back to the Commission for reconsideration. The item was placed on the Consent Agenda and approved by a vote of 10 ayes, 0 noes and 1 absent, subject to the conditions recommended by staff and added by the Commission as noted above. 2