HomeMy WebLinkAboutZ-7675 Staff AnalysisJuly 29, 2004
ITEM NO.: 10 FILE NO.: Z-7675
Name:
Hunter Day Care Family Home —
Special Use Permit
Location: 8605 Herrick Lane
Owner: Adrian and Faye Hunter
Applicant: Adrian and Faye Hunter
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 8605 Herrick Lane.
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 SWLR United for
Progress Neighborhood Association were notified of the public hearing.
B. Staff Analis:
8605 Herrick Lane is located at the east side of Herrick Lane, north of
Baseline Road. All surrounding properties are zoned R-2 and contain
single family residences. There is undeveloped property located further to
the north and west, with the State Highway Department further to the east.
The applicant's home is a one-story frame structure, and is typical of
those in the general area. The rear yard is fenced and should provide
a safe play area. The applicants propose to operate the day care from
6:30 a.m. to 5:30 p.m., Monday through Friday. The applicants have
noted that they will have no employees.
There is a one -car wide concrete driveway from Herrick Lane, with parking
for two (2) vehicles. On inspection of the site, staff observed one (1)
vehicle, owned by the Hunters, parked on the grass on the south side of
the driveway. The applicants have noted that if approved, the driveway
would be widened to a two -car wide drive within 30 days of the approval
date. After widening, 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.: 10 (Cont.
FILE NO.: Z-7675
The applicants note that they have been licensed by the State for a day
care family home at this address for 15 months. The applicants note that
they have cared for children at this location since 1969. The applicants
are licensed for the care of 10 children and currently average six (6)
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
applicants submitted a copy of the Bill of Assurance for this neighborhood,
which was recorded in 1963 and appears to still be in effect. The Bill of
Assurance contains the following language:
1. No lot shall be used except for residential purposes. No
building shall be erected, altered, placed, or permitted to
remain on any lot other than one single family dwelling not to
exceed two and one-half stories in height and a private
garage for not more than two cars."
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 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.: 10 (Cont.) FILE NO.: Z-7675
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)
Adrian and Faye Hunter were present, representing the application. Staff
presented the application, describing the proposed day care family home.
The specifics of the application were briefly discussed. The issue of
widening the driveway was briefly discussed. Mrs. Hunter noted that the
driveway would be widened in 30 days if the Special Use Permit is
approved. 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
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July 29, 2004
ITEM NO.: 10 Cont. FILE NO.: Z-7675
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.
D. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a day care
family home at 8605 Herrick Lane, 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.
4. The driveway must be widened to a two -car wide drive by the end of
August, 2004.
PLANNING COMMISSION ACTION:
(JULY 29, 2004)
Adrian and Faye Hunter were present, representing the application. There were
two (2) persons present in opposition. Staff presented the item with a
recommendation of approval.
Faye Hunter addressed the Commission in support of the application. She
explained that she has cared for children at 8605 Herrick Lane for 35 years.
In response to questions from Commissioner Lowry, Mrs. Hunter noted that
8605 Herrick Lane was her principal residence, her hours were from 6:30 to
5:30, Monday through Friday, and that she had no employees.
Jane Harrison addressed the Commission in opposition. She explained that the
State should require City approval prior to issuing licenses for day care family
homes. Commissioner Floyd noted that the State.was in the process of requiring
proof from the City. Commissioner Rector noted that the Planning Staff had
been in contact with the State regarding this issue. The issue was briefly
discussed further.
Troy Laha also addressed the Commission in opposition. He stated that he was
opposed to business operations in residential areas. He briefly discussed the
issue of day care family homes. Staff explained why there were a large number
of special use permit applications, noting that the State's list of day care family
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July 29, 2004
ITEM NO.: 10 (Cont.
N]►.+ilI "e A
homes was used to determine which ones were licensed by the City. The issue
was briefly discussed.
There was a motion to approve the application, as recommended by Staff. The
motion passed by a vote of 9 ayes, 1 nay and 1 absent. The application was
approved.
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