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HomeMy WebLinkAboutZ-7671 Staff AnalysisJuly 29, 2004 ITEM NO.: 6 FILE NO.: Z-7671 Name: Henderson Day Care Family Home — Special Use Permit Location: 1312 Hendrix Owner: Beverly Henderson Applicant: Beverly Henderson 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 1312 Hendrix. 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 Oak Forest and University Park Neighborhood Associations were notified of the public hearing. B. Staff Analysis: 1312 Hendrix is located at the northwest corner of Hendrix and West 14th Street. All surrounding properties are zoned R-2 and contain single family residences. There is commercial zoned property with a mixture of commercial and office uses further north and west along University Avenue. 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 one (1) employee, her daughter who lives off site. The employee does not drive, and will be dropped off at the site. There is a one -car wide concrete driveway from Hendrix, with parking for three (3) vehicles (including the carport). On inspection of the site, staff observed no vehicles parked on unpaved area. The driveway should allow sufficient space for drop-off and pick-up of children. Staff observed no vehicles on the site which were not operational. July 29, 2004 ITEM NO.: 6 Cont. FILE NO.: Z-7671 The applicant notes that she has been licensed by the State to operate a day care family home at this location for 1 Y2 years. The applicant is licensed for up to 10 children._ 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 1953 and appears to still be in effect. The Bill of Assurance contains the following language: "These lots are restricted to residential purposes only, with the exception of Lots 1, 2, 3, 4, 5, 6, 7, and 18 in Block A. These are set aside for business lots. All homes must face the front of the lots as shown on the plat. No posters or bill boards of unsightly nature shall be erected that would detract from the desirability of the neighborhood, nor shall any animal or fowls be kept that may become a neighborhood nuisance." 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: Day care family home: 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 K July 29, 2004 ITEM NO.: 6 Cont. FILE NO.: Z-7671 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 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. L 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: (JULY 8, 2004) The applicant was not present. Staff presented the application, describing the proposed day care family home. The specifics of the application were briefly discussed. Staff noted that the proposed day care family home use would conform to the requirements found in Section 36-54(e)(3) of the City's Zoning Ordinance, as noted in paragraph B. of this report. After the 3 July 29, 2004 ITEM NO.: 6 Cont. FILE NO.: Z-7671 discussion, the Committee forwarded the issue 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 1312 Hendrix, 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: (JULY 29, 2004) Beverly Henderson was present, representing the application. There was one (1) objector present. Staff presented the item with a recommendation of approval. Jane Harrison addressed the Commission in opposition to the application. She explained that business uses in residential areas devalue the areas. There was a motion to approve the application, as recommended by staff. The motion passed by a vote of 8 ayes, 1 nay and 2 absent. The application was approved. 4