Loading...
HomeMy WebLinkAboutZ-6862 Staff AnalysisJune 22, 2000 ITEM NO.: 17 FILE NO.: Z-6862 Name: Williams Day -Care Family Home Location: 9320 Loetscher Lane Owner/Applicant: Evelyn Williams Proposal: A special use permit is requested to allow the owner/occupant of the residence at 9320 Loetscher Lane to operate a day-care family home. The property is zoned R-2. STAFF ANALYSIS: The owner/occupant of the single family home located on the R-2 zoned property at 9320 Loetscher Lane is requesting approval of a special use permit to allow her to operate a day-care family home. 9320 Loetscher Lane is located on the northwest corner of Loetscher Lane and McClellan Drive. The properties to the immediate north are zoned R-4 two-family residential and contain single family homes and duplexes. An R-5 zoned apartment development is just further north, beyond Southboro Drive. Single family homes are located on the R-2 zoned properties to the west and south. A wooded, R-2 zoned tract is located across Loetscher Lane to the east. Single family homes on large tracts are also located across Loetscher Lane. The applicant's home is typical of those in the neighborhood; one-story, brick and frame construction. The property has only a single -wide driveway with room for two vehicles parked one behind the other. The rear yard is enclosed by a 4 foot tall, chain link fence and will provide a safe play area. The applicant proposes to operate the day care from 6:00 a.m. until 6:00 p.m., Monday through Friday. The principal use of the property will remain single family residential. No signage will be permitted beyond that allowed in single family zones. The maximum number of children permitted under the special use permit is 10, including the care givers. June 22, 2000 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO.: Z-6862 Section 36-54(e)(3) of the Code establishes the site and location criteria for day-care family homes 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. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. Although staff is supportive of the request, there is one outstanding issue of concern. The site has limited parking available for drop-off/pickup of children. Loetscher Lane is a relatively narrow street with open ditches along much of its length. Staff observed traffic traveling at a high rate of speed on the street. Staff is concerned that parking on Loetscher Lane for the purpose of dropping- off/picking-up of children would be an unsafe situation. Staff recommends that drop-off/pick-up be limited to the McClellan Drive side of the property. STAFF RECOMMENDATION: Staff recommends approval of the requested Special Use Permit subject to compliance with the following conditions: 1. Compliance with the site and location criteria established 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. 4. All drop-off/pick-up is to be limited to the McClellan Drive side of the property. 2 June 22, 2000 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO.: Z-6862 PLANNING COMMISSION ACTION: (JUNE 22, 2000) The applicant was present. There was one objector present. A letter of support had been received from Southwest Little Rock United for Progress. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the "Staff Recommendation." Staff noted that all residents within 300 feet of the site, property owners within 200 feet and the O.U.R., Windamere and SWLRUP Neighborhood Associations had been notified of the request and none had voiced any objections. The objector present at the meeting was not a resident of the neighborhood but'was opposed to special use permits for day-care family homes in general. Jan Taylor, of 29 Pleasant Cove, spoke in opposition to the current regulations for day-care family homes. She noted regulations from other cities in the state which were more restrictive than Little Rock's. Commissioner Lowry interrupted and questioned if Ms. Taylor's statement was germane to the specific application at hand. Ms. Taylor responded that she was passionate about the issue and took every opportunity to speak about it. Commissioner Nunnley told Ms. Taylor that she could make her comments at Citizen Communication or she could continue if she was nearing completion. Ms. Taylor concluded her comments. Dana Carney, of the Planning Staff, commented that the issue of Special Use Permits and day-care family homes was on the Planning Commission's 2000 Ordinance Review Work Program for consideration of possible amendments to the regulations. A motion was made to approve the Special Use Permit subject to compliance with the conditions recommended by staff. The motion was approved by a vote of 7 ayes, 1 noe and 3 absent. 3