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HomeMy WebLinkAboutZ-8099 Staff AnalysisSeptember 28, 2006 ITEM NO.: 6 NAME: LOCATION: OWNER: APPLICANT: FILE NO.: Z Shelton Day Care Family Home — Special Use Permit 9802 Tamela Drive Zoshua Shelton Zoshua Shelton 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 9802 Tamela Drive. 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 Allendale, Santa Monica, O.U.R. and SWLR United for Progress Neighborhood Associations were notified of the public hearing. B. Staff Analysis: 9802 Tamela Drive is located on the west side of Tamela Drive, south of Valley Drive. All surrounding properties are zoned R-2 and contain single family residences. The applicant's home is a two-story brick and frame structure, and is typical of those in the neighborhood. 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 7:00 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 Tamela Drive. The driveway extends along the north side of the house, leading to a large parking pad at the northwest corner of the residence. There is off-street parking for at least five (5) vehicles. 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. The applicant is currently providing care for two (2) children at this location. The applicant is in the process of being licensed by the State for up to ten (10) children. September 28, 2006 ITEM NO: 6 (Cont. FS14N01103 -*1101 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 the neighborhood, which was recorded in 1973. The Bill of Assurance contains the following language: "4. The lots in this subdivision shall be used for residential purpose only. The following front yard, rear yard, and side yard provisions shall be required for the following usage of the property. a. Residential Use. The front yard setback shall be 25 feet, the rear yard shall be 25 feet, the side yard setback shall be, for the main structure, 10 percent of the average width of the lot provided such side yard need not exceed 8 feet in width, and accessory structures related to residential use shall be located at least 60 feet from the front property line, and may be placed no less than 5 feet from the side lot line." 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 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. 2 September 28, 2006 ITEM NO: 6 Cont. FILE NO.: Z-8099 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. 1. 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: (SEPTEMBER 7, 2006) Zoshua Shelton was present, representing the application. Staff presented the proposed special use permit request. Staff noted that inspection of the site revealed no violation of the ordinance requirements for day care family homes. Staff noted that the applicant is currently caring for two (2) children at this location. Staff also explained that this property is not located within 300 feet of another day care family home or day care center. There being no further issues for discussion, the Committee forwarded the application to the full Commission for final action. M September 28, 2006 ITEM NO: 6 (Cont. D. Staff Recommendation: 19I1F�01[01 WA! [.*Q* Staff recommends approval of the Special Use Permit to allow day care family home at 9802 Tamela Drive, 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 28, 2006) Zoshua Shelton was present, representing the application. There was one (1) objector and one (1) supporter present. Staff presented the item with a recommendation of approval. Zoshua Shelton addressed the Commission in support of the application. She briefly explained the proposed day care use. Ruth Bell, of the League of Women Voters, spoke in support of the application. She noted that the League is supportive of day care uses. She stated that the proposed day care family home was in compliance with the new ordinance criteria. She explained that day care family homes were appropriate uses in residential neighborhoods. Pam Noble addressed the Commission in opposition. She noted that there were other day care family homes in the area and explained. She also explained that there was an abundance of day care uses in the southwest Little Rock area. Commissioner Laha asked Ms. Noble if she had ever operated a business in her home. Ms. Noble responded that she had not. Toshua Wiggins spoke in support. She explained that she was the mother of the two (2) children currently being cared for by Ms. Shelton. She noted that she preferred day care family homes as opposed to day care centers. Commissioner Laha asked Ms. Bell about day care uses in residences with respect to Bills of Assurance. Ms. Bell explained that the City and State have determined that day care family homes are appropriate for single family residential areas. 0 September 28, 2006 ITEM NO: 6 (Cont.) FILE NO.: Z-8099 There was a motion to approve the application as recommended by staff. The motion passed by a vote of 7 ayes, 2 nays and 2 absent. The application was approved.