HomeMy WebLinkAboutZ-6383 Staff AnalysisOctober 2, 1997
ITEM NO.: 5 FILE NO.: Z-6383
NAME•
LOCATION•
OWNER/APPLICANT:
PROPOSAL:
STAFF ANALYSIS:
Noll Day Care Family Home -
Special Use Permit
8915 Fairhaven Road
Ralph and Barbara Noll
A special use permit is requested
to allow the occupant of 8915
Fairhaven Road to operate a day
care family home. The property is
zoned R-2.
The occupant of 8915 Fairhaven Road is requesting a Special Use
Permit to allow her to continue operation of 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 7:00 a.m. to 5:30 p.m., Monday through Friday. The
business has been in operation for 5 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.
e. This use must obtain a special use permit in all districts
where day care centers are not allowed by right.
October 2, 1997
ITEM NO.: 5 cont. FILE NO.: Z-6383
8915 Fairhaven is located in the Pennbrook Subdivision, a small,
single family residential neighborhood located between Markham
Street and I-630, west of John Barrow Road. All surrounding
properties are zoned R-2 and are occupied by single family homes.
An R-4 zoned area of two family residences is located one block
to the west and a C-3 zoned shopping center is located one block
to the north. The site contains a two-story, brick and frame
residential structure which is typical of homes in the
neighborhood.
The rear yard is enclosed by a chain-link and wood fence,
providing adequate play area. The home's garage has been
converted into a play room. The site contains a double -wide
driveway with spaces for four vehicles. There is additional
space available on the street for parking.
The primary use of the property will remain single family
residential. No signage will be permitted beyond that allowed in
single family zones. The day-care family home has been in
operation for 5 years with no apparent impact on the
neighborhood.
Due to the possibility of changes in city policy regarding day
care family homes, staff believes it is appropriate to require
staff review after one year. If there has been a change in city
policy regarding this use, the item will be brought back to the
Commission.
STAFF RECOMMENDATION:
Staff recommends approval of the special use permit to allow a
day care family home subject to compliance with the following
conditions:
1. Compliance with the site and location criteria of
Section 36-54.
2. There is to be staff review of this item after one year. If
there has been a change in city policy regarding day-care
family homes, the item will be brought back to the Planning
Commission for further review.
PLANNING COMMISSION ACTION: (OCTOBER 2, 1997)
The applicant was present. There were no objectors present.
Three (3) letters of opposition from neighborhood residents were
received. One (1) letter of support from the neighborhood
association was received. All letters had been forwarded to the
commissioners. Staff presented the item and a recommendation of
approval, subject to compliance with the conditions noted in the
staff recommendations.
2
October 2, 1997
ITEM NO.: 5 cont. FILE NO.: Z-6383
Barbara Noll addressed the Commission in support of her
application. She stated that she had been operating a day-care
family home for 5 years. Ms. Noll acknowledged the letters of
opposition and stated that she felt they were related to a
"neighborhood squabble" and not directly related to her childcare
business. Ms. Noll stated that she had never had a complaint
from any neighbors in the 5 years the business had been in
operation.
A motion was made to approve the application subject to
compliance with the conditions noted in the staff recommendation.
The motion was approved by a vote of 11 ayes, 0 noes and
0 absent.
3