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HomeMy WebLinkAboutZ-4260 Staff AnalysisJune 26, 1984 Item No. 8 - Z-4260 (Special Use Permit) Owner: Ralph E. Durden Applicant: Same Location: 6902 Briarwood Drive Request: Special Use Permit Purpose: Day -Care - 10 Children or Less Size: 10,400 square feet Existing Use: Single Family SURROUNDING LAND USE AND ZONING: North - Single Family, Zoned "R-2" South - Single Family, Zoned "R-2" East - Single Family, Zoned "R-2" West - Single Family, Zoned "R-2" STAFF ANALYSIS: The request is for a special use permit to allow a day-care home with 10 children or less. This request is a result of a complaint filed by a resident in the neighborhood. With the restriction that places a limit on the number of children that may be cared use, the use should not adversely affect the neighborhood. Some concern over cars impeding traffic flow on Briarwood during certain times of day or causing congestion have been expressed. This should not be a major problem because of the number of children permitted. One issue that must be addressed,is the Bill of Assurance for the subdivision. The Bill of Assurance's land use provision restricts the lots to "detached single family dwelling." Based on that, it appears that the proposed use is in conflict with the Bill -of Assurance. The City does not enforce Bill of Assurances so this is a matter for the individual property owners to resolve. The applicant has provided the staff with some letters from neighbors in support of the request. For informational purposes, the conditional use permit to the northeast of this lot (West Markham and Hughes) is a church operated'shelter for children). STAFF RECOMMENDATION: Staff recommends approval of the special use permit. June 26, 1984 Item No. 8 - Continued PLANNING COMMISSION ACTION: The applicant. Ralph Durden, was present. There were also some objectors present. Mr. Durden spoke and offered additional letters in support of the request. He stated that the day-care has been in operation since 1981, and that his wife has a license for keeping up to ten children. Mr. Durden reported that the day-care was open Monday through Friday all year round and his wife was keeping children six weeks to six years old. Mr. Durden felt that the day-care had not increased the traffic in the area. Joe Erwin, an attc:,r.r.=ey representing Mr. and Mrs. Jim Thweatt of 6900 Briarwood, then spoke. Mr. Erwin explained that the Thweatt's property was the adjacent lot to the east and had been heavily impacted by the use. He felt that the Thweatt's residence would be isolated if this request was approved because the lot to the north is a shelter for children. Mrs. Thweatt spoke and felt that there had been a disregard for their property and that on several occasions there had been more than ten children. On one day Mrs. Thweatt counted seventeen children and for five days in June of this year (the 4th, 12th, 22nd, 25th and 26th), the count ranged between eleven and sixteen children. Mr. Thweatt presented a map of the immediate area and stated that the use had impacted his property. He felt that his lot should not be subject to the influence of the day-care facility. Mr. Durden then presented some photos of the two properties. Kenny Scott of the City's Enforcement Office addressed the enforcement issue and said that six children or more would require a special use permit. Diane Woolly, directly west of the property in question, said that the use did not impact the neighborhood and that the Durdens had upgraded the property. Mrs. Charles Tolland, who uses the day-care, spoke in support and said that she utilized the driveway for dropping off her children. Two other persons voiced their supiy�rt for the special use permit. Both indicated that the Durdens had improved the lot. Mr. Erwin addressed the Commission and stated that it appears that the use had a lot of customers and needs to be in a commercial location. Preston Bynum also spoke in support of the request. A motion was made to recommend approval of the special use permit for ten children. The motion failed for lack of affirmative vote. The vote: 0 ayes, 7 noes, 2 absent and 2 abstentions (David Jones and Ida Boles). The request for the special use permit was denied. June 26, 1984 Item No. 9 - Master Street Plan Amendments The staff has proposed two Master Street Plan amendments involving collector additions. The first amendment involves Nash Lane and Sibley Hole Road. This amendment would connect Mabelvale Pike to I-30 by upgrading Nash Lane and Sibley Hole Road. Development is occurring in the area requiring the traffic circulation. The other amendment involves adding the collector, Corondelet Drive, to the Street Plan as a collector. Corondelet Drive connects Parkway Place to the northern extension of Pride Valley. This amendment allows access westward from St.. Charles addition. PLANNING COMMISSION ACTION: Jim Lawson discussed the two proposed amendments to the Master Street Plan. He discussed that the two proposals were results of plats that have been filed in the areas. After some discussion, the Planning Commission approved both of the amendments. The vote was 9 ayes, 0 noes and 2 absent. 'T']ne 2' 1984 Item No. 8 - Z-4260 (Special Use Permit) Owner: Ralph E. Durden Applicant: Same Location: 6902 Briarwood Drive Request: Special Use Permit Purpose: Day -Care - 10 Children or Less Size: 10,400 square feet Existing Use: Single Family SURROUNDING LAND USE AND ZONING: North - Single Family, Zoned "R-2" South - Single Family, Zoned "R-2" East - Single Family, Zoned "R-2" West - Single Family, Zoned "R-2" STAFF ANALYSIS: The request is for a special use permit to allow a day-care home with 10 children or less. This request is a result of a complaint filed by a resident in the neighborhood. With the restriction that places a limit on the number of children that may be cared use, the use should not adversely affect the neighborhood. Some concern over cars impeding traffic flow on Briarwood during certain times of day or causing congestion have been expressed. This should not be a major problem because of the number of children permitted. One issue that must be addressed is the Bill of Assurance for the subdivision. The Bill of Assurance's land use provision restricts the lots to "detached single family dwelling." Based on that, it appears that the proposed use is in conflict with the Bill of Assurance. The City does not enforce Bill of Assurances so this is a matter for the individual property owners to resolve. The applicant has provided the staff with some letters from neighbors in support of the request. For informational purposes, the conditional use permit to the northeast of this lot (West Markham and Hughes) is a church operated shelter for children). STAFF RECOMMENDATION: Staff recommends approval of the special use permit. June 26, 1984 Item No. 8 - Continued PLANNING COMMISSION ACTION: The applicant, Ralph Durden, was present. There were also some objectors present. Mr. Durden spoke and offered additional letters in support of the request. He stated that the day-care has been in operation since 1981, and that his wife has a license for keeping up to ten children. Mr. Durden reported that the day-care was open Monday through Friday all year round and his wife was keeping children six weeks to six years old. Mr. Durden felt that the day-care had not increased the traffic in the area. Joe Erwin, an attorney representing Mr. and Mrs. Jim Thweatt of 6900 Briarwood, then spoke. Mr. Erwin explained that the Thweatt's property was the adjacent lot to the east and had been heavily impacted by the use. He felt that the Thweatt's residence would be isolated if this request was approved because the lot to the north is a shelter for children. Mrs. Thweatt spoke and felt that there had been a disregard for their property and that on several occasions there had been more than ten children. On one day Mrs. Thweatt counted seventeen children and for five days in June of this year (the 4th, 12th, 22nd, 25th and 26th), the count ranged between eleven and sixteen children. Mr. Thweatt presented a map of the immediate area and stated that the use had impacted his property. He felt that his lot should not be subject to the influence of the day-care facility. Mr. Durden then presented some photos of the two properties. Kenny Scott of the City's Enforcement Office addressed the enforcement issue and said that six children or more would require a special use permit. Diane Woolly, directly west of the property in question, said that the use did not impact the neighborhood and that the Durdens had upgraded the property. Mrs. Charles Tolland, who uses the day-care, spoke in support and said that she utilized the driveway for dropping off her children. Two other persons voiced their support for the special use permit. Both indicated that the Durdens had improved the lot. Mr. Erwin addressed the Commission and stated that it appears that the use had a lot of customers and needs to be in a commercial location. Preston Bynum also spoke in support of the request. A motion was made to recommend approval of the special use permit for ten children. The motion failed for lack of affirmative vote. The vote: 0 ayes, 7 noes, 2 absent and 2 abstentions (David Jones and Ida Boles). The request for the special use permit was denied.