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HomeMy WebLinkAboutZ-7682 Staff AnalysisFILE NO.: Z-7682 Name: Goss Day Care Family Home — Special Use Permit Location: 6709 Lantana Road Owner: Herbert and Eloise Goss Applicant: Eloise Goss 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 6709 Lantana Road. 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 Cloverdale and SWLR United for Progress Neighborhood Associations were notified of the public hearing. B. Staff Analysis: 6709 Lantana Road is located on the south side of Lantana Road, east of Azalea Drive. All surrounding properties are zoned R-2 and contain single family residences. 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 family from 6:00 a.m. to 5:30 p.m., Monday through Friday. The applicant has noted that she will have no employees. There is a two -car wide concrete driveway from Lantana Road, with parking for six (6) 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. The applicant notes that she has been licensed by the State and has operated a day care family home at this address since 2001. The applicant is licensed to care for up to 10 children. FILE NO.: Z-7682 (Cont. 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 1958 and appears to still be in effect. The Bill of Assurance contains the following language: 1. No lot shall be used except for single-family residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single-family dwelling not to exceed 2 Y2 stories in height and a private garage for not more than 2 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: 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. 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 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. 2 FILE NO.: Z-7682 (Cont. 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) Eloise Goss 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. D. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a day care family home at 6709 Lantana Road, 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. 3 FILE NO.: Z-7682 (Cont. PLANNING COMMISSION ACTION: (JULY 29, 2004) Staff informed the Commission that the applicant submitted a letter requesting that the application be deferred to the September 9, 2004 agenda. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the September 9, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was deferred. PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004) Eloise Goss was present, representing the application. Ms. Goss requested the application be deferred to the October 21, 2004 Agenda, based on the fact that only seven (7) commissioners were present. The deferral was offered by the Commission. A motion was made to defer the application to the October 21, 2004 Agenda. The motion passed by a vote of 7 ayes, 0 nays and 4 absent. The application was deferred. PLANNING COMMISSION ACTION: (OCTOBER 21, 2004) Herbert and Eloise Goss were present, representing the application. There were two (2) persons present in opposition. Staff presented the item with a recommendation of approval. Eloise Goss addressed the Commission in support of the application. She noted that she had been licensed by the State since 2001 for a day care family home at 6709 Lantana Road. She also noted that there was adequate parking to serve her day care use. Troy Laha addressed the Commission in opposition. He questioned the issue of Mrs. Goss having no employees. He noted that the land use plan showed residential for the area. He stated that the day care is a business and should be located elsewhere. Rosemary Walker also addressed the Commission in opposition. She explained that day care uses are businesses and should not be located in residential areas. Mrs. Goss further explained her day care use. She noted that her day care was closed on this date because she had to attend the Planning Commission meeting. rd FILE NO.: Z-7682 Commissioner Meyer asked about the condition of the property. Mrs. Goss stated that it looked like a single family home, and that there was no trash or debris in the yard. There was a motion to approve the application, as recommended by staff. The motion failed by a vote of 5 ayes, 4 nays and 2 absent. The application was denied. 5