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HomeMy WebLinkAboutZ-8461 Staff AnalysisAugust 6, 2009 ITEM NO.: E NAME: LOCATION: OWNER: APPLICANT: FILE NO.: Z-8461 Porter Day Care Family Home — Special Use Permit 60 Lakeshore Drive Karlisha Porter Karlisha Porter 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 60 Lakeshore 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 Broadmoor Neighborhood Association and University District were notified of the public hearing. B. Staff Analysis: 60 Lakeshore Drive is located on the north side of Lakeshore Drive, between Archwood and Bellemeade Drives. All surrounding properties are zoned R-2. Single-family residences are located to the east, west and south. The Broadmoor Neighborhood Park and lake are located to the north. The applicant's home is a one-story brick and frame residence, and is typical of those in the neighborhood. The rear yard is fenced and should provide a safe play area. The applicant proposes to operate the day care family home from 6:30 a.m. to 6:00 p.m., Monday through Friday. The applicant has noted that she will only have an employee if required by the State. There is a two -car wide driveway from Lakeshore Drive with parking for at least eight (8) vehicles. 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 are not operational. The applicant is currently caring for four (4) children at this location, since May 2009. The applicant is in the process of being licensed by the State for up to ten (10) children. August 6, 2009 ITEM NO: E Cont. FILE NO.: Z-8461 The principal use of the property will remain single family residential. No signage beyond that allowed in single-family zones will be permitted. As of this writing, the applicant has not submitted a copy of the bill of assurance for the neighborhood. The applicant initially informed staff that a bill of assurance could not be located at the county courthouse. Staff believes a current bill of assurance does exist for the subdivision and has asked the applicant to research it further. 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. August 6, 2009 ITEM NO: E (Cont. FILE NO.: Z-8461 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 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 May, 2009. C. Subdivision Committee Comments: (June 4, 2009) Karlisha Porter was present, representing the application. Staff briefly described the proposed day care family home use. Staff noted that some additional information was needed (hours of operation and employees). Ms. Porter stated that she would provide the information to staff. She noted that she has been caring for four (4) children at this location since May, 2009. Staff noted that the applicant needed to submit a bill of assurance for the neighborhood. Staff explained that there is likely a current bill of assurance. After the discussion, the Committee forwarded the application to the full Commission for final action. 3 August 6, 2009 ITEM NO: E (Cont. D. Staff Recommendation: FILE NO.: Z-8461 Staff recommends approval of the Special Use Permit to allow a day care family home at 60 Lakeshore Drive, 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. PLANNING COMMISSION ACTION: (JUNE 25, 2009) Staff informed the Commission that the applicant did not complete the notices to surrounding property owners as required. Staff recommended deferral of the application to the August 6, 2009 Agenda. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the August 6, 2009 Agenda. A motion to that effect was made. The motion passed by a vote of 7 ayes, 0 nays and 4 absent. The application was deferred. STAFF UPDATE: Staff has determined that Karlisha Porter is not the owner of 60 Lakeshore Drive. The property is owned by Ann Wilson. Staff received a letter from Ms. Wilson on June 30, 2009. Ms. Wilson states in her letter that she has "no intention" of giving Ms. Porter permission to operate a day care family home or file for the special use permit for the property. Therefore, staff recommends the application be withdrawn. PLANNING COMMISSION ACTION: (AUGUST 6, 2009) Staff informed the Commission that the application needed to be withdrawn, as the applicant had not received authorization from the property owner to proceed with the application. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for withdrawal. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was withdrawn. C!