HomeMy WebLinkAboutZ-7513 Staff AnalysisOctober 30, 2003
ITEM NO.: 7
FILE NO.: Z-7513
Name: Sims Day Care Family Home — Special Use Permit
Location; 2706 Montreal Drive
Applicant: Ruthie Ann Sims
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 2706 Montreal 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 John Barrow Neighborhood
Association were notified of the public hearing.
STAFF ANALYSIS:
2706 Montreal Drive is located at the west side of Montreal Drive, four lots north
of West 28th Street. All surrounding properties are zoned R-2 and contain single
family residences.
The applicant's home is a one-story brick and frame structure and is typical of
those in the general area. There is a one -car driveway from Montreal Drive, with
parking for two 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 — Saturday. The applicant has also noted that she has one employee
as required by the State Department of Human Services.
The applicant has operated a day care family home at this address for one year.
The applicant has noted that she averages six to eight children per day. The
applicant has also noted that four of the children she cares for live in the
neighborhood, with the others coming from 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 this neighborhood which
was recorded in 1963 and appears to still be in effect. The Bill of Assurance
contains the following language:
"LAND USE AND BUILDING TYPE. 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 detached single family
October 30, 2003
ITEM NO.: 7 Cont. FILE NO.: Z-7513
dwelling not to exceed 2 Y2 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 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 2706 Montreal 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)
Ruthie Ann Sims was present, representing the application. There was one (1)
person present in opposition. Staff presented the item with a recommendation of
approval, with conditions.
2
October 30, 2003
ITEM ND • 7 (Cont.) _ FILE NO.: Z-7513
Carolyn Heitman, of the John Barrow Neighborhood Association, addressed the
Commission in opposition. She expressed opposition to any day care use
located in a residential area. She stated that a day care family home should be
classified as a commercial business and asked that a moratorium be placed on
day care uses in residential areas.
Chairman Nunnley asked staff to comment on the day care family home use.
Jim Lawson, Director of Planning and Development, responded that the principal
use of the property is single family residential. He noted that other types of
home occupations were allowed in residential areas. This issue was briefly
discussed.
Commissioner Faust commented that she was stunned that someone would
suggest a moratorium on day care uses in residential zones. She made
additional comments regarding day care uses in residential areas.
Ruthie Ann Sims addressed the Commission in support of the application. She
noted that the day care family home had operated for one year. She noted that
she was required by the State to have one employee because she cares for
several small children (one year olds or younger). She noted that someone from
the State informed her that she needs to seek City approval.
There was a motion to approve the Special Use Permit, subject to the conditions
as recommended by staff. Commissioner Floyd asked Ms. Sims how long she
had lived at 2706 Montreal Drive. Ms. Sims responded that she had lived there
since 1990. The motion was passed by a vote of 9 ayes, 0 nays and 2 absent.
The application was approved.
3