HomeMy WebLinkAboutZ-7357-A Staff AnalysisJune 26, 2003
ITEM NO.: 23
NAME:
LOCATION:
FILE NO.: Z -7357-A
Shephard Day Care Family Home — Special Use
Permit
7803 Preston Drive
APPLICANT: Janice Shephard
PROPOSAL; A Special Use Permit is requested to allow a Day
Care Family Home to be operated in the single
family residence located on the R-2 zoned property
at 7803 Preston Drive.
PUBLIC NOTIFICATION:
Property owners within 200 feet of the site, residents within 300 feet who could
be identified and the West Baseline, Chicot and SWLR United for Progress
Neighborhood Associations were notified of the public hearing.
STAFF ANALYSIS:
7803 Preston Drive is located on the south side of Preston Drive, which runs
west off of Chicot Road. All surrounding properties are zoned R-2, with single
family residences to the north, east and west. There is undeveloped property to
the south.
The home located at 7803 Preston Drive is a one-story brick and frame structure
and is typical of those in the general area. There is a two -car driveway from
Preston Drive, with parking for four (4) vehicles. The rear yard is fenced and
provides a safe play area. The applicant proposes to operate the day care from
6:00 a.m. to 8:00 p.m., Monday through Friday.
The applicant provided a copy of the Bill of Assurance for the neighborhood,
which was recorded on 1962. The Bill of Assurance appears to still be in effect,
and contains the following statement:
"No lots shall be used except for residential proposes."
The applicant proposes that the principal use of the property remain single family
residential, as she proposes to live there. No signage beyond that allowed in
single family zones will be permitted. The applicant has noted that she is
licensed by the State Department of Human Services.
June 26, 2003
M NO.: 23 (Cont.). FILE NO.: Z -7357-A
Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance establishes the
site and location criteria for day care family homes as follows:
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. State regulations shall control the number of employees residing
off premises.
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.
The applicant, Janice Shephard, currently lives next door to this site at 7801
Preston Drive. She has stated that she intends to move her primary residence to
7803 Preston Drive in order to conform to Section 36-54(e)(3) a. as listed above.
Ms. Shephard previously filed a conditional use permit to convert 7803 Preston
Drive to a day care center, while still living at 7801 Preston Drive. However, that
application was denied by the Planning Commission at its February 20, 2003
meeting. The issue of a possible day care family home at one of the two
residences was discussed at that meeting.
Staff is not opposed to a day care family home being operated at 7803 Preston
Drive. However, based on conversations with the applicant's daughter (Ms.
Flowers) and area residents, staff is not convinced that Ms. Shephard intends to
make 7803 Preston Drive her primary residence. Given this and possible other
unanswered questions, staff is not prepared to support the application at this
time.
STAFF RECOMMENDATION:
Staff reserves the recommendation on this issue until the applicant addresses
certain questions at the public hearing.
PLANNING COMMISSION ACTION: (JUNE 26, 2003)
The applicant was not present. There were several objectors present. Staff
informed the Commission that the applicant had submitted a request that the
item be withdrawn.
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June 26, 2003
ITEM NO.. 23 (C
FILE NO.: Z -7357-A
With a vote of 9 ayes, 0 nays and 2 absent, the Commission voted to waive their
bylaws and accept the withdrawal request being less than five (5) days before
the public hearing.
Staff noted that there was no filing fee charged for this application, as previously
requested by the Commission. Staff noted that any subsequent applications at
7801 or 7803 Preston Drive would be charged a filing fee.
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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