HomeMy WebLinkAboutZ-8454 Staff AnalysisAugust 6, 2009
ITEM NO.: B
NAME:
LOCATION:
OWNER:
APPLICANT:
FILE NO.: Z-84
Love Day Care Family Home — Special Use Permit
7618 West 38th Street
Javier Linares
Shelia Love
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
7618 West 38th 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 John Barrow and
Westwood Neighborhood Associations were notified of the public hearing.
B. Staff Anaivsis:
7618 West 38th Street is located on the north side of West 38th Street,
between Whitfield and Stannus Streets. The properties to the east, west
and south are zoned R-2 and contain single family residences. There is
undeveloped R-2 zoned property to the north. There are several vacant
lots in the area.
The applicant's home is a one-story frame single family residence, and is
typical of those in the general area. The applicant is in the process of
fencing a portion of the rear yard which will provide a safe play area. The
applicant proposes to operate the day care family home from 6:00 a.m. to
6:00 p.m., Monday through Friday. The applicant has noted that she will
have one (1) part-time employee.
There is a one -car wide driveway from West 38th Street with parking for
three (3) vehicles. The applicant has noted (at the suggestion of staff)
that, if approved, the driveway will be widened to a two (2) car width within
30 days of the approval. This will provide parking for five (5) vehicles.
Staff feels that this will allow sufficient space for drop-off and pick-up of
children. On reinspection of the site, staff observed no vehicles parked on
unpaved areas. Staff also observed no vehicles on the site which are not
operational.
August 6, 2009
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FILE NO.: Z-8454
The applicant is currently providing care for eight (8) children at this
location, since March, 2009. 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
applicant submitted a copy of the bill of assurance for the subdivision
which was recorded in 1907. The bill of assurance is -a handwritten
document and not legible. It likely contains no provisions regarding
property use.
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.
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.
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August 6, 2009
ITEM NO: B (Cont.) FILE NO.: Z-8454
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.
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.
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.
Additionally, staff has received no complaints from neighbors since the
applicant began caring for children at this address, as of March, 2009.
C. Subdivision Committee Comments: (April 23, 2009)
Shelia Love was present, representing the application, along with two (2)
parents of children she cares for. Staff briefly described the proposed day
care family home use. Staff suggested that the driveway be widened to a
two -car width. Ms. Love indicated that the driveway would be widened.
Staff also noted that an inspection of the property revealed two (2)
vehicles parked in the grass next to the driveway. Ms. Love indicated that
the cars were moved and would not be parked on the grass any more.
Commissioner Yates asked how long Ms. Love had been at this location.
Ms. Love stated that she has lived there since February, 2009. She
explained that she previously had a day care on Kanis Road for three (3)
years. She also indicated that she leased the property in question.
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August 6, 2009
ITEM NO: B Cont. FILE NO.: Z-8454
Commissioner Laha stated that drop-off and pick-up of children had to be
off-street. Ms. Love explained that she and her parents understood.
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 7618 Vilest 38th Street, subject to the following conditions:
1. Compliance with the site and location criteria 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. The driveway must be widened and paved to a two -car width within
30 days of the Commission's approval.
PLANNING COMMISSION ACTION:
(MAY 28, 2009)
Staff informed the Commission that the applicant did not send the notices to
surrounding property owners in a timely manner. Staff noted that the notices
were mailed nine (9) days prior to the public hearing, rather than the minimum of
15 days as required by the Commission. Staff recommended deferral of the
application to the June 25, 2009 Agenda.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the June 25, 2009 Agenda. A motion to that
effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent.
The application was deferred.
PLANNING COMMISSION ACTION: (JUNE 25, 2009)
The applicant was present. There were no objectors present. The applicant
requested a deferral to the August 6, 2009 Agenda based on the fact that only
seven (7) commissioners were present. The deferral was offered by the
Commission, not to be charged to the applicant.
There was a motion to defer the application to the August 6, 2009 Agenda. The
motion passed by a vote of 7 ayes, 0 nays and 4 absent.
0
August 6, 2009
ITEM NO: B (Cont.
PLANNING COMMISSION ACTION:
FILE NO.: Z-8454
(AUGUST 6, 2009)
Shelia Love was present, representing the application. There were no objectors
present. Staff presented the application with a recommendation of approval.
Shelia Love added no comments to the staff presentation.
Commissioner Nunnley asked if any of the children Ms. Love currently cared for
lived on site. Ms. Love stated that there were none. Commissioner Rouse asked
if Ms. Love was currently licensed by the State. Ms. Love stated that she was
not, but was in the process of becoming licensed, and just needed City approval.
Commissioner Laha asked if the driveway had already been widened, and about
stacking space for vehicles. Ms. Love explained that the driveway had been
widened and designed so that five (5) vehicles could park. Ms. Love stated that
there has been no problem with parking. Commissioner Laha noted that he was
opposed to day care family homes.
Commissioner Adcock asked if Ms. Love rented the property. She stated that
she did, and had approval from the property owner.
Vice -Chairman Yates asked if an approved special use permit could be
transferred to another person or location. Staff explained that it could not.
Commissioner Meyer noted that there was vacant commercial zoned property in
the area where a day care could be located.
Commissioner Nunnley commented on the interest of allowing day care family
homes in neighborhoods. This issue was briefly discussed.
There was a motion to approve the special
recommended by staff. The motion passed
absent. The application was approved.
use permit application, as
by a vote of 6 ayes, 4 nays and
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