HomeMy WebLinkAboutZ-7504 Staff AnalysisOctober 30, 2003
ITEM NO.: 2 FILE NO.: Z-7504
Name: Harper Day Care Family Home — Special Use Permit
Location; 7221 Yorkwood Drive
Applicant: Katina E. Harper
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 7221 Yorkwood Drive.
PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents located
within 300 feet who could be identified, and the Yorkwood, Santa Monica, Rob
Roy Way and SWLR United for Progress Neighborhood Associations were
notified of the public hearing.
STAFF ANALYSIS:
7221 Yorkwood Drive is located on the south side of Yorkwood Drive, east of
Chicot Road. All surrounding properties are zoned R-2 and contain single family
residences. There is undeveloped R-2 zoned property further to the north and
south.
The applicant's home is a one-story brick structure and is typical of those in the
general area. There is a driveway from Yorkwood 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 8:30 a.m. to 5:30 p.m., Monday -- Friday.
The applicant has also noted that there will be no additional employees for the
day care use.
The applicant has operated the day care family home at this address for one
year and three months. The applicant has noted that she averages seven (7)
children per day. The applicant has also noted that the majority of the children
she cares for live in nearby surrounding neighborhoods.
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 licensed by the State Department of Human Services. The
applicant submitted a copy of the Bill of Assurance for the neighborhood which
was recorded in 1978 and appears to still be in effect. The Bill of Assurance
contains the following language:
October 30, 2003
ITEM NO.: 2 Cont. FILE NO.: Z-7504
"Lots 5 thru 26 inclusive shall be used for single family residences only."
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.
To staffs knowledge, there are no outstanding issues associated with this
application. Staff feels that the proposed day care family home at this location
will have no adverse impact on the general area. To staffs knowledge, no
complaints from neighbors have been received as long as the day care use has
been located on the property.
Staff Recommendations:
Staff recommends approval of the Special Use Permit to allow a day care family
home at 7221 Yorkwood Drive, subject to 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.
PLANNING COMMISSION ACTION: (OCTOBER 30, 2003)
Katina Harper was present, representing the application. There were two (2)
persons present in opposition. Staff presented the item with a recommendation
of approval, with conditions.
October 30, 2003
ITEM NO.: 2 Cont. FILE NO.: Z-7504
John Lamb, of the Yorkwood Neighborhood Association, addressed the
Commission in opposition. He noted that Yorkwood Drive was a busy street and
expressed traffic concerns. He stated that his neighborhood association did not
support the day care use. Mr. Lamb presented a petition to the Commission.
Commissioner Allen asked how many residents lived in Yorkwood. Mr. Lamb
responded that there were approximately 435 residents. Commissioner Allen
noted that only seven (7) persons signed the petition. The issue of
neighborhood opposition was briefly discussed.
Vice -Chairman Rahman asked Mr. Lamb if he had seen as increase in traffic
since the day care use had been on the property. Mr. Lamb responded that he
did not know the day care was in operation.
Commissioner Rector noted that the use was a day care family home and limited
to 10 children in a single family home. There was additional discussion related
to the day care use and the neighborhood.
There was a brief discussion pertaining to the length of time the day care family
home had been in operation.
Chairman Nunnley asked if staff could track the number of day care family
homes in the city. Jim Lawson, Director of Planning and Development, stated
that it could be done and briefly discussed the issue. Commissioner Faust noted
that the reason the Commission is seeing so many day care family home
applications is because the State is requiring the day cares to seek City
approval.
Keith and Katina Harper addressed the Commission in support of the
application. Mr. Harper stated that the day care did not create traffic problems.
Mrs. Harper noted that Yorkwood Drive is a busy street and that the day care did
not adversely impact the traffic.
There was a motion to approve the special use permit, subject to the conditions
as recommended by staff. The motion passed by a vote of 9 ayes, 0 nays and
2 absent. The application was approved.
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