HomeMy WebLinkAboutZ-7452 Staff AnalysisAugust 7, 2003
ITEM NO.: 3 FILE NO.: Z-7452
Name: Davis Day Care Family Home — Special Use Permit
Location: 10023 Santa Monica Drive
Applicant: Lisa R. Davis
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 10023 Santa Monica
Drive.
PUBLIC NOTIFICATION:
Property owners within 200 feet of the site, residents within 300 feet who could
be identified and the Santa Monica, OUR and SWLR United for Progress
Neighborhood Associations were notified of the public hearing.
STAFF ANALYSIS:
10023 Santa Monica Drive is located at the southeast corner of Santa Monica
Drive and Elmore Road. The properties to the north, east and west are zoned
R-2 and contain single family residences. A multifamily development is located
across Santa Monica Drive to the south.
The applicants' home is a one-story brick and frame structure and is typical of
those in the general area. There is a two -car driveway from Elmore Road, with
parking for four (4) vehicles. The rear yard is enclosed by a fence and should
provide a safe play area. The applicant proposes to operate the day care
Monday through Friday during the following hours:
Shift 1 — 6:00 A.M. to 6:00 P.M.
Shift 2 — 6:00 P.M. to 12:00 Midnight
The applicant provided a copy of the Bill of Assurance for the neighborhood,
which was recorded in 1978. The Bill of Assurance appears to still be in effect,
and contains the following statement:
"No lot which is designated as a single family lot shall be used
except for single family residential purposes."
The principal use of the property will remain single family residential. No signage
beyond that allowed in single family zones will be permitted. The applicant has
noted that she is in the process of applying for a license with the State
Department of Human Services.
August 7, 2003
ITEM NO.: 3 (Cont.) FILE NO.: Z-7452
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 has informed staff that she has five (5) children, ranging in age
from 8 to 15. The applicant notes that her children will be at the residence only
during Shift 2. According to Section 36-54 as noted above, the applicant's
children must be counted in the overall number.
Although staff is not opposed to a day care family home at this location, staff
does not support the day care use having a second (night) shift. Staff feels that
a second shift goes beyond the scope and intent of the day care family home
use. Staff feels that the overlap in shifts will produce more traffic than :s
appropriate for a day care family home, at a time of day when many other
neighborhood residents are likely to be returning home from work.
Staff Recommendations:
Staff recommends denial of the proposed day care family home special use
permit at 10023 Santa Monica Drive.
PLANNING COMMISSION ACTION: (AUGUST 7, 2003)
The applicant was present. There were no objectors present. Staff informed the
Commission that the applicant had amended the application to delete the
proposed second day care shift. Therefore, staff recommended approval of the
special use permit, subject to the following conditions:
1. Compliance with the site and location criteria established in Section 36-54(e)(3)
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August 7, 2003
ITEM NO.: 3 Cont.) FILE NO.: Z-7452
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. Hours of operation are to be from 6:00 a.m. — 6:00 p.m., Monday
through Friday.
Staff noted that Southwest Little Rock United for Progress submitted a letter of
support for the application as amended.
The applicant offered no additional comments.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval as amended by the applicant and recommended
by staff. A motion to that effect was made. The motion passed by a vote of
10 ayes and 1 nay. The application was approved.
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