HomeMy WebLinkAboutZ-7709 Staff AnalysisSeptember 9, 2004
ITEM NO.: 6
FILE NO.: Z-77
Name-
McGraw Day Care Family Home —
Special Use Permit
Location:
6822 Marguerite Lane
Owner:
Angela McGraw
Applicant:
Angela McGraw
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 6822 Marguerite 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 Briarwood Neighborhood
Association were notified of the public hearing.
B. Staff Analysis:
6822 Marguerite Lane is located on the north side of Marguerite Lane,
approximately 300 feet west of Hughes Street. The properties to the
north, east and west are zoned R-2 and occupied by single family
residences. Interstate 630 right-of-way is located across Marguerite Lane
to the 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 7:00 a.m. to 6:00 p.m., Monday through Friday. The applicant has
noted that she will have no employees.
There is a two -car wide concrete drive from Marguerite Lane, 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.
September 9, 2004
EM NO.: 6 (Cont.
FILE NO.: Z-7709
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,
for care of up to 10 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
applicant submitted a copy of the Bill of Assurance for this neighborhood,
which was recorded in 1965 and appears to still be in effect. The Bill of
Assurance contains the following language:
1. LAND USE AND BUILDING TYPE — Said land here in
platted shall be held, owned, and used only as residential
building sites. No structures shall be erected, altered,
placed, or permitted to remain on any building site other
than one detached single-family dwelling not to exceed two
and one-half stories in height, no detached outbuildings
permitted; such classification of outbuildings to exclude
detached garage."
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 proposed to be located within 300
feet of a licensed day care center or an operating day care family
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September 9, 2004
ITEM NO.: 6 (Cont.
FILE NO.: Z-7709
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.
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: (AUGUST 19, 2004)
Angela McGraw 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. McGraw noted that 6822 Marguerite Lane is her
principal residence. Staff noted that the proposed day care family home
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September 9, 2004
ITEM NO.: 6 (Cont.
FILE NO.: Z-7709
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 6822 Marguerite 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.
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.
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