HomeMy WebLinkAboutZ-7781 Staff AnalysisApril 28, 2005
ITEM NO.: D
FILE NO.: Z-7781
Name: Adkins Day Care Family Home —
Special Use Permit
Location: 9617 Wilderness Road
Owner: Willie and Shirley Adkins
Applicant: Shirley Adkins
Proposal: A Special Use Permit is requested to allow a
Day Care Family to be operated in the single
family residence located on the R-2 zoned
property at 9617 Wilderness 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 West Baseline and SWLR
United for Progress Neighborhood Associations were notified of the public
hearing.
B. Staff Analysis:
9617 Wilderness Drive is located on the southeast corner of Wilderness
Road and Frontier Road. All surrounding properties are zoned R-2 and
contain single family residences. There is a large area of undeveloped
R-2 zoned property to the west, along the south side of Mann Road.
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 provides
a safe play area. The applicant proposes to operate the day care from
6:00 a.m. to 5:45 p.m., Monday through Friday. The applicant has noted
that she will have one (1) employee, as required by the State Department
of Human Services.
There is a one -car wide driveway from Wilderness Road, with parking for
three (3) vehicles (including the carport). The applicant has noted that the
driveway will be widened to a two -car width, which will allow parking for
two (2) additional vehicles (5 total). Staff feels that this will allow sufficient
space for drop-off and pick-up of children. On inspection of the site, staff
observed no vehicles parked on unpaved areas. Staff also observed no
vehicles on the site which were not operational.
April 28, 2005
ITEM NO.: D (Cont.) FILE NO.: Z-7781
The applicant notes that she has been licensed by the State to operate a
day care family home at this location for approximately two (2) years. The
applicant is licensed for 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 1971 and appears to still be in effect. The Bill of
Assurance contains the following language:
1. No lot shall be re -subdivided into nor shall any dwelling
be erected or placed on any lot or building site having a
width of less than 60 feet at the building line or an area of
less than 6,000 square feet, and said lands shall only be
used for residential purposes as set forth herein."
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.
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April 28, 2005
ITEM NO.: D (Cont.) FILE NO.: Z-7781
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 staffs 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: (JANUARY 6, 2005)
Willie Adkins was present, representing the application. Staff presented
the proposed special use permit request. Staff noted that inspection of
the property revealed no violations of the ordinance requirements for day
care family homes. Staff also noted that the applicant has been licensed
by the State for a day care family at this address for approximately two (2)
years. Staff noted that the proposed day care family home was not
located within 300 feet of another day care family home or day care
center.
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April 28, 2005
FILE NO.: Z-7781
After the discussion, the Committee forwarded the application 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 9617 Wilderness 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.
4. If approved, the driveway must be widened to a two -car width within
30 days of the final approval date.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
Staff informed the Commission that the application needed to be deferred to the
March 17, 2005 Agenda due to the fact that the applicant failed to complete the
notifications to surrounding property owners as required by the Commission.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the March 17, 2005 Agenda. A motion to that
effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent.
The application was deferred.
PLANNING COMMISSION ACTION: (MARCH 17, 2005)
Staff informed the Commission that the application needed to be deferred to the
April 28, 2005 Agenda due to the fact that the applicant failed to complete the
notifications to surrounding property owners as required by the Commission.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the April 28, 2005 Agenda. A motion to that
effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent.
The application was deferred.
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April 28, 2005
ITEM NO.: D Cont. FILE NO.: Z-7781
PLANNING COMMISSION ACTION: (APRIL 28, 2005)
Willie Adkins was present, representing the application. There was one (1)
person present in opposition and one (1) person present in support. Staff
presented the item with a recommendation of approval.
Troy Laha addressed the Commission in opposition. He stated that he opposed
all day care uses in residential areas and explained. He explained that day care
uses are businesses and should not be in residential areas.
Ruth Bell addressed the Commission in support. She noted that the proposed
day care family home complied with all ordinance standards and should be
approved. She stated that there was a need for day care family homes.
Commissioner Floyd asked when the driveway would be widened. Staff stated
that it would be widened within 30 days of the final approval date.
The applicant, Willie Adkins, offered no additional comments.
There was a motion to approve the application as recommended by staff. The
motion passed by a vote of 8 ayes, 2 nays and 1 absent. The application was
approved.
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