HomeMy WebLinkAboutZ-7676 Staff AnalysisJuly 29, 2004
ITEM NO.: 11 FILE NO.: Z-7676
Name: Lovelace Day Care Family Home —
Special Use Permit
Location: 8 Timber Valley Cove
Owner: Michael and Heidi Lovelace
Applicant: Heidi Lovelace
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 8 Timber Valley Cove.
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:
8 Timber Valley Cove is located on the west side of Timber Valley Cove,
south of Timber Valley Drive. All surrounding properties are zoned R-2
and contain single family residences. There is some undeveloped R-2
zoned property in the general area.
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. There is an enclosed play area (enclosed
porch) in the rear yard. The applicant proposes to operate the day care
from 7:00 a.m. to 7:00 p.m., Monday through Friday. The applicant has
noted that she will have no employees.
There is a two -car wide concrete driveway from Timber Valley Cove, with
parking for five (5) vehicles (including a concrete pad extension). 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.: 11 (Cont.) FILE NO.: Z-7676
The applicant notes that she has been licensed by the State and has
operated a day care family home at this address for five (5) years. She is
licensed for seven (7) children with no employees.
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:
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.: 11 (Cont.) FILE NO.: Z-7676
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.
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. On
July 13, 2004, Staff received one (1) call of opposition from Mr.
Krippendorf, Chairman of the Pecan Lake Architectural Review
Committee.
C. SUBDIVISION COMMITTEE COMMENT: (JULY 8, 2004)
Heidi Lovelace 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
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July 29, 2004
ITEM NO.: 11 Cont. FILE NO.: Z-7676
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.
D. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a day care
family home at 8 Timber Valley Cove, 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)
Heidi Lovelace was present, representing the application. There was one (1)
objector present. Staff presented the item with a recommendation of approval.
Heidi Lovelace addressed the Commission in support of the application. In
response to questions by Commissioner Lowry, Ms. Lovelace noted that 8
Timber Valley Cove was her principal residence, she had no employees, and
that her hours of operation would be 7:00 a.m. to 7:00 p.m., Monday through
Friday.
Jane Harrison addressed the Commission in opposition. She stated that she
was opposed to day cares in residential areas.
Commissioner Floyd noted that day care uses in homes are not allowed by right.
He noted that he typically did not support uses in residential areas which created
traffic. He expressed support for this application because it was located in a
"day care remote area".
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.
rd