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HomeMy WebLinkAboutZ-7707 Staff AnalysisSeptember 9, 2004 ITEM NO_: 4 FILE NO.: Z-7707 Name: Barton Day Care Family Home — Special Use Permit Location: 3515 Maryland Avenue Owner: Lafonza Barton Applicant: Jacqueline Barton 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-3 zoned property at 3515 Maryland Avenue. 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 Pine to Woodrow, Forest Hills, Stephens Area Faith and Hope Neighborhood Associations were notified of the public hearing. B. Staff Analysis: 3515 Maryland Avenue is located on the south side of Maryland Avenue, between Valentine and Valmar Streets. The properties to the south, east and west are zoned R-3 and contain single family residences. The property across Maryland Avenue to the north is zoned R-4. The applicant's home is a two-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 applicant proposes to operate the day care from 7:00 a.m. to 5:30 p.m., Monday through Friday. The applicant has noted that she will have no employees. There is a one -car wide concrete driveway from Maryland Avenue, with parking for three (3) 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. 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, September 9, 2004 ITEM NO.: 4 [C for care of up to 10 children. FILE NO.: Z-7707 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 met with Pulaski County personnel who were unable to locate a Bill of Assurance for this property. 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. After the effective date of this subsection, no Special Use Permit will be approved for a day care family 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 of the annual business tax. 2 September 9, 2004 ITEM NO.: 4 (Cont. FILE NO.: Z-7707 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 staffs knowledge, there are no outstanding issues associated with this application. On inspection of the site, staff observed some debris in the rear yard from where a storage building had been torn down. These materials will need to be removed from the rear yard. Otherwise, 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: (AUGUST 19, 2004) Jacqueline Barton was present, representing the application. Staff presented the application, describing the proposed day care family home. The specifics of the application were briefly discussed. In response to a question from staff, Ms. Barton noted that 3515 Maryland Avenue is her principal residence. 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. Staff noted that there was a pile of debris in the rear yard where a storage building had been torn down. Ms. Barton noted that the debris would be removed from the property. After the discussion, the Committee forwarded the issue to the full Commission for final action. 3 September 9, 2004 ITEM NO.: 4 (Co D. Staff Recommendation: ILE NO.: Z-7707 Staff recommends approval of the Special Use Permit to allow a day care family home at 3515 Maryland Avenue, 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 daylight hours. 4. The debris in the rear yard must be removed prior to operation of the day care family home. PLANNING COMMISSION ACTION: (SEPTEMBER 9, 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 7 ayes, 0 nays and 4 absent. The application was approved. rd