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HomeMy WebLinkAboutZ-7510 Staff AnalysisOctober 30, 2003 ITEM NO.: 6 FILE NO.: Z - Name: Moore Day Care Family Home — Special Use Permit Location- 5200 Westminister Drive Applicant: Stanley and Lucille Moore 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 5200 Westminister 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 Wakefield and SWLR United for Progress Neighborhood Associations were notified of the public hearing. STAFF ANALYSIS: 5200 Westminister Drive is located at the northwest corner of Westminister Drive and Lancaster Road. The properties to the north, south and west are zoned R-2 and contain single family residences. There is nonconforming commercial property and a church located across Lancaster Road to the east, with the Wakefield Elementary School campus located across the intersection to the southeast. The applicant's home is a one-story brick and frame structure and is typical of those in the general area. There is a driveway from Westminister Drive (with gravel extension), with parking for four vehicles. There is a small fenced area within the rear yard which 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 applicants have also noted that there will be no additional employees for the day care use. The applicants have operated the day care family home at this address for one year and three months. The applicants have noted that they typically care for nine children. 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 applicants have noted that they are 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 1963 and appears to still be in effect. The Bill of October 30, 2003 ITEM NO.: 6 (Cont.) FILE NO.: Z-7510 Assurance contains the following language: "All of said Lots 51 and 63 shall be used as residential lots only, and no structure shall be erected, altered, or permitted to remain other than one detached single-family dwelling not to exceed one and a half stories in height, and a private garage and servant's quarters or storeroom." 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 5200 Westminister 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. 2 October 30, 2003 ITEM NO.: 6 (Cont. FILE NC.: Z-7510 PLANNING COMMISSION ACTION: (OCTOBER 30, 2003) Stanley and Lucille Moore were present, representing the application. There was one (1) person present in opposition. Staff presented the item with a recommendation of approval, with conditions. Troy Laha addressed the Commission in opposition to the application. He noted that there was an existing day care center in the commercial building across Lancaster Road from this site. He expressed concern with the number of children that this day care use would add to the area. Commissioner Allen noted that this day care family home would have no more than 10 children. There was a brief discussion regarding this issue. Stanley Moore addressed the Commission in support of the application. He noted that there had been no complaints from the neighbors in the one year and three months that the day care use has existed. He noted that the maximum number of children cared for would be 10. Jim Lawson, Director of Planning and Development, asked how many children were currently cared for. Mr. Moore responded that they currently have seven children. Chairman Nunnley asked if the Moores lived in the residential structure. Mr. Moore responded that they do. Chairman Nunnley asked if they had any intent to move and maintain the day care use on the site. Mr. Moore responded that they do not. 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. �3 FILE NO.: Z-7510 Name: Moore Day Care Family Home — Special Use Permit Location: 5200 Westminister Drive Applicant: Stanley and Lucille Moore 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 5200 Westminister 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 Wakefield and SWLR United for Progress Neighborhood Associations were notified of the public hearing. STAFF ANALYSIS: 5200 Westminister Drive is located at the northwest corner of Westminister Drive and Lancaster Road. The properties to the north, south and west are zoned R-2 and contain single family residences. There is nonconforming commercial property and a church located across Lancaster Road to the east, with the Wakefield Elementary School campus located across the intersection to the southeast. pppant's home �s a_one-story_ b[ick_and.frame=structure—arid is, typi_caLvf those in the general area. There is a driveway from Westminister Drive (with gravel extension), with parking for four vehicles. There is a small fenced area within the rear yard which 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 applicants have also noted that there will be no additional employees for the day care use. The applicants have operated the day care family home at this address for one year and three months. The applicants have noted that they typically care for nine children. 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 applicants have noted that they are licensed by the State Department of Human Services. The FILE NO.: Z-7510 (Cont. applicant submitted a copy of the Bill of Assurance for the neighborhood which was recorded in 1963 and appears to still be in effect. The Bill of Assurance contains the following language: "All of said Lots 51 and 63 shall be used as residential lots only, and no structure shall be erected, altered, or permitted to remain other than one detached single-family dwelling not to exceed one and a half stories in height, and a private garage and servant's quarters or storeroom." 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 5200 Westminister 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. 2 FILE NO.: Z-7510 (Cont.) PLANNING COMMISSION ACTION: (OCTOBER 30, 2003) Stanley and Lucille Moore were present, representing the application. There was one (1) person present in opposition. Staff presented the item with a recommendation of approval, with conditions. Troy Laha addressed the Commission in opposition to the application. He noted that there was an existing day care center in the commercial building across Lancaster Road from this site. He expressed concern with the number of children that this day care use would add to the area. Commissioner Allen noted that this day care family home would have no more than 10 children. There was a brief discussion regarding this issue. Stanley Moore addressed the Commission in support of the application. He noted that there had been no complaints from the neighbors in the one year and three months that the day care use has existed. He noted that the maximum number of children cared for would be 10. Jim Lawson, Director of Planning and Development, asked how many children were currently cared for. Mr. Moore responded that they currently have seven children. Chairman Nunnley asked if the Moores lived in the residential structure. Mr. Moore responded that they do. Chairman Nunnley asked if they had any intent to move and maintain the day care use on the site. Mr. Moore responded that they do not. 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. 3