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HomeMy WebLinkAboutZ-8143 Staff AnalysisDecember 21, 2006 ITEM NO.. 4 FILE NO.: Z-8143 NAME: Butler Day Care Family Home — Special Use Permit LOCATION: 8600 Shiloh Drive OWNER: Acy and Linda Butler APPLICANT: Acy and Linda Butler 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 8600 Shiloh 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 Shiloh Homeowners Association and SWLR United for Progress were notified of the public hearing. B. Staff Analysis: 8600 Shiloh Drive is located on the north side of Shiloh Drive, east of Mabelvale Cut -Off. 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 applicants propose to operate the day care family home from 6:00 a.m. to 6:00 p.m., Monday through Friday. The applicants have noted that there will be one (1) part-time employee as required by the State Department of Human Services. There is a two -car wide concrete driveway from Shiloh Drive, with parking for six (6) vehicles including the garage. Staff feels 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. The applicant is currently licensed by the State to care for up to five (5) children at this location. The applicant is in the process of being licensed by the State for up to ten (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 December 21, 2006 ITEM NO: 4 (Cont.) FILE NO.: Z-8143 applicant submitted a copy of the Bill of Assurance for this neighborhood, which was recorded in 1977 and appears to still be in effect. The Bill of Assurance contains the following language: "Lots in this subdivision shall be used for residential purposes only." 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. i. All vehicles must be parked on an on -site paved surface. j. All vehicles located on the site must be operational. 2 December 21, 2006 ITEM NO. 4 (Cont.) FILE NO.:, Z 8143 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 issue 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: (NOVEMBER 30, 2006) Acy Butter was present, representing the application. Staff presented the application to the Committee. Staff noted that there were no outstanding issues, as the application appeared to comply with all ordinance requirements. There being no further issues for 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 8600 Shiloh Drive, subject to the following conditions: 1. Compliance with the site and location criteria established in Section 360-54(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. 3 December 21, 2006 ITEM NO: 4 (C FILE NO.: Z-8143 PLANNING COMMISSION ACTION: (DECEMBER 21, 2006) Acy Butler was present, representing the application. There was one (1) objector present. Staff presented the application with a recommendation of approval. Acy Butler addressed the Commission in support of the application. He explained that he and his wife have cared for up to five (5) children since October, and have had no complaints from neighbors. He noted that the net increase would be only two (2) children, since he had three (3) children of his own which would have to be counted. Commissioner Laha asked if any therapists would visit the site. Mr. Butler stated that only the State would make occasional inspections of the site. There was a brief discussion of the notification process. Commissioner Adcock asked if food would be delivered to the site. Mr. Butler stated that there would be no deliveries and food would be prepared on site. Ruth Bell addressed the Commission in support of the application. She expressed support of day care family homes being operated in compliance with City and State standards. Darryl Laws addressed the Commission in opposition. He noted the proposed day care family home violated the Subdivision Bill of Assurance. Cindy Dawson, City Attorney noted that a day care family home is not considered a commercial use, as the principal use of the property remains single family. She noted that enforcement of the Bill of Assurance could be pursued by the neighborhood. Mr. Laws questioned the notification procedure. Staff explained that notices were sent to 20 property owners within 200 feet of the site and 25 residents within 300 feet. Staff noted that the SWLR United for Progress and Shiloh Neighborhood Associations were mailed notices on November 16, 2006. There was additional discussion of the notice issue. Mr. Butler submitted a petition of support from surrounding neighbors. He noted that many of the neighbors supported his day care use. There was a brief discussion of how many day care family homes could go in this neighborhood. There was a motion to approve the Special Use Permit as recommended by Staff. The motion passed by a vote of 8 ayes and 3 nays. The application was approved. 12