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HomeMy WebLinkAboutZ-7673 Staff AnalysisJuly 29, 2004 ITEM NO.: 8 FILE NO.: Z-7673 Name: Griffin Day Care Family Home — Special Use Permit Location: 4521 Timberland Drive Owner: Tedra Griffin Applicant: Tedra Griffin 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 4521 Timberland 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 Tall Timber, Pecan Lake, Stagecoach -Dodd, Westwood and SWLR United for Progress Neighborhood Associations were notified of the public hearing. B. Staff Analysis: 4521 Timberland Drive is located at the northwest end of Timberland Drive. There are single family residences (zoned R-2) immediately east and south along Timberland Drive. There are industrial uses and zoning to the north and west along Colonel Glenn Road and Shackleford Road. There is an OS zoning buffer (approximately 100 feet wide) immediately west of this single family subdivision. The applicant's home is a one-story brick and frame structure, and is typical of those within this single family subdivision. The rear yard is fenced and should provide 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 who lives elsewhere. There is a two -car wide concrete driveway from Timberland Drive, with parking for at least six (6) vehicles. 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.: 8 (Cont.) FILE NO.: Z-7673 The site is not currently being used as a day care family home. The applicant notes that she is in the process of being licensed by the State, for care of 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 1974 and appears to still be in effect. The Bill of Assurance contains the following language: 1. Use of Land. None of the lots hereby restricted may be improved, used or occupied, for other than private residence purposes, and no duplex, flat or apartment house, although intended for residence purposes, may be erected thereon. Any residence erected or maintained on any of the lots hereby restricted shall be designated for occupancy by a single family." 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 caregiver. 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 home 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 2 July 29, 2004 ITEM NO.: 8(Cont.)FILE NO.: Z-7673 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 to 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. I. 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) Tedra Griffin was present, representing the application. 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 discussion, the Committee forwarded the issue to the full Commission for final action. 3 July 29, 2004 ITEM NO.: 8 (Cont.) FILE NO.: Z-7673 D. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a day care family home at 4521 Timberland 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: (JULY 29, 2004) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The applicant offered no additional comments. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was approved. 4