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HomeMy WebLinkAboutZ-8322 Staff AnalysisApril 10, 2008 ITEM NO.: 1 FILE NO.: Z-8322 NAME: Salaam Day Care Family Home — Special Use Permit LOCATION: 1224 S. Pulaski Street APPLICANT/ OWNER: Shahidah Salaam 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-4 zoned property at 1224 S. Pulaski Street. 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 Downtown and Central High Neighborhood Associations were notified of the public hearing. B. Public Works Issues: No Comments. C. Staff Analysis: 1224 S. Pulaski Street is located at the northwest corner of S. Pulaski and West 13th Streets. The properties to the north and west are zoned R-4 and contain residences. There is an old, vacant commercial building on the R-4 zoned property across S. Pulaski Street to the east. There is a church facility across West 13th Street 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 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 no employees. She will have two (2) persons who will help her, on an as needed basis, if she has to be out of the house for a short time. There is a two -car wide driveway from S. Pulaski Street, with parking for four (4) vehicles including the carport. 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. The applicant is currently caring for no children at this residence. She is in the process of being licensed by the State for up to ten (10) children. April 10, 2008 ITEM NO: 1 (Cont. FILE NO.: Z-8322 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 1822. The Bill of Assurance is not legible and likely contains no use issues. 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 April 10, 2008 ITEM NO: 1 (Cont.) FILE NO.: Z-8322 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. f. 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 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. D. SUBDIVISION COMMITTEE COMMENT: (MARCH 20, 2008) Shahidah Salaam 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. Commissioner Laha asked Ms. Salaam if she would accept vouchers from the State. She stated that she would accept both private pay and vouchers. Commissioner Yates asked if the site was under enforcement. Staff explained that it was not and that there was no current day care use on the property. There being no further issues for discussion, the Committee forwarded the application to the full Commission for final action. E. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a day care family home at 1224 S. Pulaski Street, subject to the following conditions: 1. Compliance with the site and location criteria established in Section 36-54(e)(3). 41 April 10, 2008 ITEM NO: 1 (Cont.) FILE NO.: Z-8322 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: (APRIL 10, 2008) Shahidah Salaam was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of approval. Shahidah Salaam addressed the Commission in support of the application. The issues of vehicles parked on the site and employees was briefly discussed. Ms. Salaam noted that if a child had special needs, a tutor or therapist may come to the site from time to time. Commissioner Nunnley asked how long Ms. Salaam had lived at this location. Ms. Salaam noted that she had lived there for one (1) year. In response to additional questions, Ms. Salaam noted that she had two (2) children of her own and that the State would determine the age range of children she could care for. Issues of vouchers and other day care uses in the area were discussed. Staff noted that there were no other day care family homes or centers within 300 feet of the site. Commissioner Laha asked how many children Ms. Salaam would be able to care for. Ms. Salaam noted that the State would determine that number. Chairman Taylor noted that Ms. Salaam had requested the special use permit prior to operation of the day care use. There was a motion to approve the application, as recommended by staff. The motion passed by a vote of 10 ayes and 1 nay. The application was approved. 4 SUBDIVISION COMMITTEE COMMENTS MARCH 20, 2008 ITEM NO.: 1. SALAAM DAY CARE FAMILY HOME — SPECIAL USE PERMIT 1224 S. PULASKI STREET Z-8322 Planning Staff Comments: 1. The applicant is requesting a Special Use Permit to allow a day care family home (up to ten (10) children). 2. The R-4 zoned property is located at the northwest corner of S. Pulaski and W. 13t' Streets. 3. There is a paved alley along the rear (north) property line. 4. The single family home is a one-story brick and frame structure. 5. The applicant is in the process of becoming licensed by the State for a day care family home. She is currently caring for no children. 6. There is a two -car wide driveway from S. Pulaski Street, with parking for four (4) vehicles including the carport. 7. During day care hours there will typically be only one (1) vehicle (applicant's) parked in the driveway (carport). 8. Proposed hours of operation: 6:00 a.m. to 7:00 p.m. — Monday - Friday. 9. The applicant will be the only caregiver. She will have two (2) persons who will help her, on as needed basis, if she has to be out of the house for a short time. 10. The rear yard is fenced (4 foot chain -link fence) and should provide a safe play area. 11. During inspection of the site, staff observed no vehicles parked on unpaved areas. 12. During inspection of the site, staff observed no vehicles which were non -operational. 13. If approved, the applicant must obtain a City of Little Rock privilege license prior to operation. 14. According to information provided by the State, the proposed day care family home will not be located within 300 feet of a licensed day care center or day care family home. Variance/Waivers: ■ None requested. Public Works: 1. No Comments. Utilities and Fire Devartment/County Planning:_ Wastewater: No Comments. Entergy: No Comments. Centerpoint Energy: No Comments. AT&T (SBC): No Comments. Water: No Comments. Fire Department: The applicant must submit written approval from the Fire Marshall for use of the residence for a day care family home prior to operation. County Planning: No Comments, CATA: No Comments. Planning Division: No Comments. ITEM NO.: 1. CON'T SALAAM DAY CARE FAMILY HOME -- SPECIAL USE PERMIT Z-8322 Landscape: No Comments. Day Care Family Home Criteria: According to Section 36-54 (e)(3) of the City's Zoning Ordinance, the site and location criteria for Day Care Family Homes are as follows: Day Care Family Home: a. This use may be located only in a single-family home, occupied by the caregiver and which is the full time residence of the caregiver. 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 caregivers. d. The minimum to qualify for special use permit is six (6) children from households other than the caregivers. 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 home 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. 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.