HomeMy WebLinkAboutZ-8552 Staff AnalysisJune 3, 2010
ITEM NO.: 4 FILE NO.: Z-85-2
NAME: Powell Day Care Family Home — Special Use Permit
LOCATION: 7808 West 25th Street
OWNER Betty J. Powell
APPLICANT: Betty J. Powell
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
7808 West 25th 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
Neighborhood Association were notified of the public hearing.
B. Staff Analysis:
7808 West 25th Street is located on the north side of West 25th Street,
between Quebec Drive and Montreal Drive. The properties to the east,
west and south are zoned R-2 and contain single-family residences.
Properties to the north are zoned R-2 and R-4.
The applicant's home is a two-story brick and frame residence, and is
typical of those in the general area. The rear yard is fenced and should
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 notes that she cares for three (3) children for one (1) parent after
hours from 3:00 p.m. to 9:00 p.m., Monday through Friday and 8:00 a.m.
to 9:00 p.m. on Saturday. The applicant has also noted that she will have
one (1) employee, her daughter, who also resides at this location.
There is a two -car wide driveway from West 25th Street, 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 are not operational.
The applicant is currently providing care for five (5) children at this
location, and has been doing so for two (2) years. The applicant is in the
process of being licensed by the State for up to ten (10) children.
June 3, 2010
ITEM NO: 4
FILE NO.' Z-8552
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 1963. It contains the following
language with respect to land use:
"LAND USE AND BUILDING TYPE. No lot shall be used
except for residential purposes. No building shall be
erected, altered, placed, or permitted to remain on any lot
other than one detached single family dwelling not to exceed
2 '/2 stories in height and a private garage for not more than
two cars."
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.
K
June 3, 2010
ITEM NO: 4(Cont.)_FILE NO.: Z-8552
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.
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. There is
an operating day care family home at 2515 Montreal Drive which is just
outside the 300 foot separation. Additionally, staff has received no
complaints from neighbors since the applicant began caring for children at
this address, for the past two (2) years.
C. Subdivision Committee Comments: (May 13, 2010)
Betty Powell was present, representing the application. Staff briefly
described the proposed day care family home use. Ms. Powell noted that
she has been caring for up to five (5) children at this residence for two (2)
years. In response to a question from staff, Ms. Powell explained the
proposed hours of operation, as noted in paragraph B. of this report. She
also noted that her daughter who also lives at this location will help care
for the.children and be the only employee. Ms. Powell stated that she had
received approval from the City's Fire Marshall.
After the discussion, the Committee forwarded the application to the full
Commission for final action.
3
June 3, 2010
ITEM NO: 4 (Cont.
D. Staff Recommendation:
FILE NO.: Z-8552
Staff recommends approval of the Special Use Permit to allow a day care
family home at 7808 West 25th 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 hours of operation and number of children are limited to those
proposed by the applicant, and noted in paragraph B. of the staff
report.
PLANNING COMMISSION ACTION:
(JUNE 3, 2010)
Betty J. Powell was present, representing the application. There were no
objectors present. Staff presented the application with a recommendation of
approval.
Betty J. Powell addressed the Commission in support of the application. She
explained that she has been caring for five (5) children at this location for two (2)
years, with no complaints from neighbors.
Ruth Bell also spoke in support. She explained that day care family homes
which comply with ordinance standards should be allowed.
Troy Laha asked about the hours of operation. He noted that some of the day
care use extended beyond 6:00 p.m. He discussed the issue of bills of
assurance for neighborhoods.
Commissioner Rector discussed the proposed use of the property and the
definition of single family residential. This issue was briefly discussed.
There was a motion to approve the application as recommended by staff. The
motion passed by a vote of 6 ayes, 3 nays and 2 absent. The application was
approved.
El