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HomeMy WebLinkAboutZ-7506 Staff AnalysisFILE NO.: Z-7506 Name: Morgan Day Care Family Home — Special Use Permit Location: 10211 Republic Lane Applicant: Ophelia Morgan 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 10211 Republic Lane. 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 O.U.R., Santa Monica and SWLR United for Progress Neighborhood Associations were notified of the public hearing. STAFF ANALYSIS: 10,211 Republic Lane is located on the east side of Republic Lane, east of Geyer Springs Road. All surrounding properties are zoned R-2 and contain single family residences. There is undeveloped R-2 zoned property located further to the east, west and south. The applicant's home is a two-story brick and frame structure and is typical of those in the general area. There is a driveway from Republic Lane, with parking for four 4) vehicles. The reaUard is fenced and provides a safe play area. The applicant proposes to operate the day care ism �:OQ a.m. to 6:OQ p,ir�.,�71on�r aY — Friday. The applicant has also noted that there will be no additional employees for the day care use. The applicant has operated a day care family home at this address since March, 2403. The applicant has noted that she currently cares for five children, and will increase to no more than 10 if the special use permitis approved. The applicant has also noted that two of the children she cares for live in the immediate neighborhood, with the others living 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 1968, and appears to still be in effect. The Bill of Assurance contains the following language: FILE NO.: Z-7506 Cont. "No lot shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than one single-family dwelling not to exceed two and one-half stories in height and a private garage for not more than two cars." 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 staff's 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 10211 Republic Lane subject to the following conditions: —Campliance-with -the site-and4oeatiQn-eriteria-established-in-,Sec-ti 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) Ophelia Morgan was present, representing the application. There were two (2) persons present in opposition. Staff presented the item with a recommendation of approval, with conditions. 0 FILE NO.: Z-7566 Cont. Pat Gee, of the Upper Baseline Neighborhood Association, addressed the Commission in opposition. She noted that she was representing the O.U.R. Neighborhood Association. She expressed traffic concerns with the proposed day care use. Troy Laha also addressed the Commission in opposition. He noted that he observed several vehicles parked on the property. He contended that day care family homes were commercial uses. Ophelia Morgan addressed the Commission in support of the application. She noted that her next door neighbor had several cars parked on their adjacent property. She noted that she was licensed for a day care family home by the State. Commissioner Meyer asked Ms. Morgan if the front yard was used for parking. Ms. Morgan noted that none of her parentslclients use the front yard for parking. She amended her application as follows: "No parent will park in the front yard area when dropping -off or picking -up children." There was a brief discussion of the parking issue. There was a motion to approve the special use permit as amended by the applicant and subject to the Conditions as recommended by staff. The motion passed by a vote of 9 ayes, Q nays and 2 absent. The application was approved. KI October 30, 2003 ITEM NO.: 4 FILE NO.: Z-7506 Name: Morgan Day Care Family Home — Special Use Permit Location; 10211 Republic Lane Applicant: Ophelia Morgan 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 10211 Republic Lane. 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 O.U.R., Santa Monica and SWLR United for Progress Neighborhood Associations were notified of the public hearing. STAFF ANALYSIS: 10,211 Republic Lane is located on the east side of Republic Lane, east of Geyer Springs Road. All surrounding properties are zoned R-2 and contain single family residences. There is undeveloped R-2 zoned property located further to the east, west and south. The applicant's home is a two-story brick and frame structure and is typical of those in the general area. There is a driveway from Republic Lane, 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 6:00 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 a day care family home at this address since March, 2003. The applicant has noted that she currently cares for five children, and will increase to no more than 10 if the special use permit is approved. The applicant has also noted that two of the children she cares for live in the immediate neighborhood, with the others living 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 1968, and appears to still be in effect. The Bill of Assurance contains the following language: October 30, 2003 ITEM NO.: 4(Cont.)FILE NO.: Z-7506 "No lot shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than one single-family dwelling not to exceed two and one-half stories in height and a private garage for not more than two cars." 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 staff's 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 staff's knowiedge, 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 10211 Republic Lane 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) Ophelia Morgan was present, representing the application. There were two (2) persons present in opposition. Staff presented the item with a recommendation of approval, with conditions. 2 October 30, 2003 ITEM NO.: 4 Cont. FILE NO.: Z-7506 Pat Gee, of the Upper Baseline Neighborhood Association, addressed the Commission in opposition. She noted that she was representing the O.U.R. Neighborhood Association. She expressed traffic concerns with the proposed day care use. Troy Laha also addressed the Commission in opposition. He noted that he observed several vehicles parked on the property. He contended that day care family homes were commercial uses. Ophelia Morgan addressed the Commission in support of the application. She noted that her next door neighbor had several cars parked on their adjacent property. She noted that she was licensed for a day care family home by the State. Commissioner Meyer asked Ms. Morgan if the front yard was used for parking. Ms. Morgan noted that none of her parents/clients use the front yard for parking. She amended her application as follows: "No parent will park in the front yard area when dropping -off or picking -up children." There was a brief discussion of the parking issue. There was a motion to approve the special use permit as amended by the applicant and 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. 3