HomeMy WebLinkAboutZ-7586-A Staff AnalysisMarch 17, 2005
ITEM NO.: E FILE NO.: Z -7586-A
Name:
Adams Day Care Family Home —
Special Use Permit
Location: 9009 Woodford Drive
Owner:
Earthalene Adams
Applicant: Earthalene Adams
Proposal: A Special Use Permit is requested to allow a
Day Care Family to be operated in the single
family residence located on the R-2 zoned
property at 9009 Woodford Drive.
A. Public Notification:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the West Baseline and SWLR
United for Progress Neighborhood Associations were notified of the public
hearing.
B. Staff Analysis:
9009 Woodford Drive is located on the east side of Woodford Drive, near
the end of the cul-de-sac street. All surrounding properties are zoned R-2
and contain single family residences. An apartment complex is located to
the north along Baseline Road.
The applicant's home is a one-story brick and frame structure, and is
typical of those in the general area. 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 through Friday. The applicant has noted
that she will have two (2) employees, as required by the State Department
of Human Services.
There is a one -car wide driveway, with concrete extension, from Woodford
Drive. Parking exists for five (5) vehicles, including the carport. Staff feels
that there is sufficient space for drop-off and pick-up of children. On
inspection of the site, staff observed no vehicles parked on unpaved area.
Staff also observed no vehicles on the site which were not operational.
March 17, 2005
O.: E (Cont.) FILE NO.: Z -7586-A
The applicant notes that she has been licensed by the State to operate a
day care family at this location for approximately three (3) years. The
applicant is licensed to care for up to 10 children. The applicant was
licensed (State) the previous four (4) years for day care family homes at
9001 and 9008 Woodford Drive. The applicant previously had an
approved special use permit at 9008 Woodford Drive.
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 submitted a copy of the Bill of Assurance for this neighborhood,
which was recorded in 1962 and appears to still be in effect. The Bill of
Assurance contains the following language:
"A. All of said lots shal[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 and which is the full time residence of 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.
f. After the effective date of this subsection, no Special Use Permit
will be approved for a day care family proposed to be located within
300 feet of a licensed day care center or an operating day care
family home for which a Special Use Permit has previously been
approved. For the purposes of this subsection, the distance
between properties shall be measured in a straight line without
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March 17, 2005
ITEM NO.: E (Cont.) FILE NO.: Z -7586-A
regard to intervening structures or objects, from property line to
property line.
g. All day care family homes located in the City of Little Rock are
required to obtain a City of Little Rock business license and to pay
an annual business tax as specified in Chapter 17. of the Code.
h. A copy of the day care family home's current State of Arkansas
license must be submitted to the City Collector's Office each year
at the time of payment of the annual business tax.
i. All vehicles must be parked on an on-site paved surface.
j. All vehicles located on the site must be operational.
k. All pick-up and drop-off of children shall be on the property's
driveway and not on the public right-of-way unless otherwise
approved by the Planning Commission.
Special Use Permits for day care family homes shall be reviewed
by staff every three (3) years for compliance with the development
criteria and Planning Commission approval.
m. The Fire Marshall must approve use of the residence for the
proposed day care family home.
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. Based on
information provided by the State, there are no permitted/licensed day
care family homes or day care centers within 300 feet of the site.
C. SUBDIVISION COMMITTEE COMMENT: (JANUARY 6, 2005)
Earthalene Adams was present, representing the application. Staff
presented the proposed special use permit request. Staff noted that
inspection of the property revealed no violations of the ordinance
requirements for day care family homes. Staff also noted that the
applicant has been licensed by the State for a day care family at this
address for approximately three (3) years. Staff stated that the proposed
day care family home was not located within 300 feet of another day care
family home or day care center.
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March 17, 2005
ITEM NO.: E
FILE NO.: Z -7586-A
After the discussion, the Committee forwarded the application to the full
Commission for final action.
D. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a day care
family home at 9009 Woodford 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: (FEBRUARY 3, 2005)
Staff informed the Commission that the application needed to be deferred to the
March 17, 2005 Agenda due to the fact that the applicant failed to complete the
notifications to surrounding property owners as required by the Commission.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the March 17, 2005 Agenda. A motion to that
effect was made. The motion passed. by a vote of 9 ayes, 0 nays and 2 absent.
The application was deferred.
PLANNING COMMISSION ACTION: (MARCH 17, 2005)
Earthalene Adams was present, representing the application. There were two
(2) objectors and one (1) supporter present. Staff presented the item with a
recommendation of approval.
Troy Laha addressed the Commission in opposition. He noted that the day care
use was a business in residential and should not be allowed. He noted that the
day care use would increase the traffic in the residential area. He expressed
concerns with deterioration of neighborhoods.
Jane Harrison also addressed the Commission in opposition. She noted that
she lived in the neighborhood and there were numerous day care uses in
southwest Little Rock. She expressed concerns regarding increased traffic in
residential areas.
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March 17, 2005
ITEM NO.: E
ILE NO.: Z -7586-A
Ruth Bell addressed the Commission in support of the application. She noted
that the application met City and State requirements.
Earthalene Adams addressed the Commission in support. She explained that
she had operated a day care use in this immediate area since 1997.
Commissioner Adcock asked about past day care uses in the area. Staff
explained that Ms. Adams previously had day care family homes at 9001 and
9008 Woodford Drive. Commissioner Floyd asked if the State licenses at 9001
and 9008 Woodford Drive had been abandoned. Ms. Adams stated that they
had.
There was a motion to approve the application as recommended by staff. The
motion passed by a vote of 6 ayes, 3 nays and 2 absent. The application was
approved.
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