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HomeMy WebLinkAboutZ-7551 Staff AnalysisMarch 25, 2004 ITEM NO.: C FILE NO.: Z-7551 Name: Elliott Day Care Family Home — Special Use Permit Location: 1100 North Taylor Street Applicant: Heather Elliott/Patrick McGetrick 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 1100 North Taylor Street. 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 Hillcrest and Prospect Terrace Neighborhood Associations were notified of this request. STAFF ANALYSIS: 1100 North Taylor Street is located on the west side of North Taylor, at its intersection with "J" Street. All surrounding properties are zoned R-2 and are occupied by single family residences. Forest Heights Jr. High School is located one block to the west. Holy Souls Church and School and the Francis Allen School are located two blocks to the southeast. An MF -12 zoned condominium development is located one block to the northwest. The applicant's home is a one-story, frame and stucco structure and is typical of homes in the neighborhood. The property shares a deep, double -wide driveway, constructed in the undeveloped "J" Street right-of-way, with the property to the south. The portion of the rear yard nearest the house is fenced for use as a play area. The remainder of the rear yard is wooded. North Taylor Street, at this location, is broad with curb and -gutter on both sides. The street does not appear to be heavily traveled. The applicant currently keeps 4 children. Keeping up to 5 children does not require regulation by the City. She proposes keeping no more than 10 children but likely will have 6-8 children on most days. Hours of operation are proposed as Monday through Friday, 7:30 a.m. — 5:30 p.m. The applicant will be the sole caregiver. On the rare occasion when the applicant cannot keep the children (Doctor's appointment, etc...). A substitute (family member) will come to the residence and watch over the children. The principal use of the property will remain single family residential. No signage beyond that permitted in single family zones will be permitted. The applicant will March 25, 2004 ITEM NO.: C (Cont.) _ FILE NO.: Z-7551 apply for a license from the State Department of Human Services upon receiving approval from the City. The applicant's Engineer has stated there is no longer a valid bill of assurance for this subdivision; Hollenberg Addition. 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. Staff Recommendations: Staff recommends approval of the Special Use Permit to allow a day care family home at 1100 North Taylor Street, 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: (DECEMBER 18, 2003) Patrick McGetrick was present representing the application. There were several objectors present. At this point, only 8 commissioners were present. As is the Commission's practice, the applicant was offered the opportunity to defer. Mr. McGetrick requested the deferral. 2 March 25, 2004 ITEM NO.: C Cont. FILE NO.: Z-7551 A motion was made to defer the item to the February 12, 2004 meeting. The motion was approved by a vote of 6 ayes, 2 noes and 3 absent. After the vote, one of the objectors presented a petition in opposition to the proposed day care family home. STAFF UPDATE: On January 6, 2004, the Board of Directors directed staff to put a hold on all day care family home applications, and begin a review of the Zoning Ordinance standards related to day care family homes, to determine if any ordinance amendments are needed. The Planning Staff and Plans Committee have reviewed the ordinance, and proposed amendments are on the February 12, 2004 Planning Commission agenda for discussion. Staff anticipates the ordinance amendments being presented to the Board of Directors on March 16, 2004. Therefore, staff requests that this application be deferred to the March 25, 2004 Planning Commission agenda. PLANNING COMMISSION ACTION: (FEBRUARY 12, 2004) Staff informed the Commission that the application, along with the other day care family home — special use permits on this agenda, needed to be deferred to the March 25, 2004 Planning Commission agenda pending completion of the review of Ordinance regulations regarding day care family homes and special use permits. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the March 25, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The application was deferred. STAFF UPDATE: On March 9, 2004, the applicant contacted staff and asked that her application be withdrawn. Ms. Elliott stated she would keep no more than five (5) children, thus not requiring an S.U.P. Staff recommends approval of the applicant's withdrawal request. 3 March 25, 2004 ITEM NO.: C (Cont.) FILE NO.: Z-7551_ PLANNING COMMISSION ACTION: (MARCH 25, 2004) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had requested that the item be withdrawn. There was no further discussion. The item was placed on the Consent Agenda and approved for withdrawal by a vote of 10 ayes, 0 noes and 1 absent. 4