HomeMy WebLinkAboutZ-7674 Staff AnalysisJuly 29, 2004
ITEM NO.: 9 FILE NO.: Z-7674
Name:
Cottrell Day Care Family Home —
Special Use Permit
Location: 63 Saxony Circle
Owner: Marilyn Cottrell
Applicant: Marilyn Cottrell
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 63 Saxony Circle.
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 Allendale, Santa Monica
and SWLR United for Progress Neighborhood Associations were notified
of the public hearing.
B. Staff Analysis:
63 Saxony Circle is located on the south side of Saxony Circle, west of
Wemberly Drive. The properties to the north, east and west are zoned
R-2 and contain single family residences. There is undeveloped R-2
zoned property immediately south.
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 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 Saturday. The applicant
has noted that she may care for a few children (less than 5) from 6:00
p.m. to 11:00 p.m., for parents who work a second shift. The applicant
has also noted that she will have no employees.
There is a three -car wide concrete driveway from Saxony Circle, with
parking for six (6) vehicles (not including the garage). 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.: 9 (Cont.) _ FILE NO.: Z-7674
The applicant has noted that she has been .licensed by the State for a day
care family home at this location for nine (9) months. The applicant is
licensed for the care of up to 10 children. The applicant currently cares
for one (1) child.
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 1970 and appears to still be in effect. The Bill of
Assurance contains the following language:
"10. Lots numbered one (1) through nineteen (19) inclusive
shall be used for residential purposes only. No building shall
be erected, altered, placed or permitted to remain on any of
the said lots, one through nineteen inclusive, other than one
single family dwelling not to exceed two and one-half stories
in height plus a private garage or carport."
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 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
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July 29, 2004
ITEM NO.: 9
FILE NO.: Z-7674
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 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.
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)
Marilyn Cottrell 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.
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July 29, 2004
ITEM NO.: 9 (Cont. _ FILE NO.: Z-7674
D. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a day care
family home at 63 Saxony Circle, 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)
Marilyn Cottrell was present, representing the application. There were six (6)
objectors present. Staff presented the application with a recommendation of
approval.
Ed Rackley, of the Allendale Neighborhood Association, addressed the
Commission in opposition to the application. He presented a petition of
opposition to the Commission. Mr. Rackley noted that he was concerned with
property values only and no other issues. He noted that there may be two other
day care uses in the neighborhood. He expressed concerns with day care uses
in the neighborhood.
Jane Harrison also spoke in opposition. She stated that she was opposed to day
care uses in residential areas.
Troy Laha also spoke in opposition. He addressed the hours of operation as
proposed, noting that night hours (to. 11:00 p.m.) were not appropriate. He noted
his involvement in the neighborhood action plan.
Marilyn Cottrell addressed the Commission in support of the application. She
explained that her day care use would not disrupt the neighborhood. She noted
that many families had five (5) or more children and explained.
Commissioner Lowry asked Ms. Cottrell if 63 Saxony Circle was her principal
residence and if she had any employees. Ms. Cottrell responded that 63 Saxony
Circle was her full-time residence and that she would have no employees.
Commissioner Lowry stated that he had a problem with the hours of operation
being until 11:00 p.m. After a brief discussion, Ms. Cottrell amended the hours
to be 6:00 a.m. to 6:00 p.m., Monday through Saturday. Ms. Cottrell also
submitted a petition of support from neighbors.
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July 29, 2004
ITEM NO.: 9 (Cont.) FILE NO.: Z-7574
Commissioner Meyer expressed concern with Ms. Cottrell caring for children for
12 straight hours. Ms. Cottrell responded that she would have no problem caring
for the children, and noted that the number of children would vary. This issue
was briefly discussed.
Commissioner Rector asked how many children the applicant could care for
without a special use permit. Staff responded that the applicant could care for
up to five (5) children.
Rev. Mitchell Moore, Sr. addressed the Commission in support of the application.
He noted that he lived next door to Ms. Cottrell and supported the day care use.
He explained that the Cottrells keep the property in good condition.
There was a motion to approve the application as amended by the applicant
(hours) and recommended by staff. The motion passed by a vote of 7 ayes,
3 nays and 1 absent. The application was approved.
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