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HomeMy WebLinkAboutZ-7410 Staff AnalysisJune 26, 2003 ITEM NO.: 1 FILE NO.: Z-7410 Name: Williams Day Care Family Home — Special Use Permit Location: 11 Walnut Valley Drive Applicant: Juan and Adriene Williams 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 11 Walnut Valley Drive. PUBLIC NOTIFICATION: Property owners within 200 feet of the site, residents within 300 feet who could be identified and the Walnut Valley Neighborhood Association were notified of the public hearing. The Walnut Valley Neighborhood Association has responded with a letter dated June 9, 2003 which is attached for Planning Commission review. STAFF ANALYSIS. 11 Walnut Valley Drive is located on the east side of Walnut Valley Drive, which runs north off of Breckenridge Drive. All surrounding properties are zoned R-2 and contain single family residences. A private school is located to the southeast along Breckenridge Drive. The applicant's home is a two-story brick and frame structure and is typical of those in the general area. There is a two -car driveway along the north property line, with parking for four (4) vehicles. The rear yard is enclosed by a fence and provides a safe play area. The applicant proposes to operate the day care from 7:00 a.m. to 5:00 p.m., Monday through Friday. The applicants provided a copy of the Bill of Assurance for the neighborhood, which was recorded in 1970. The Bill of Assurance appears to still be in effect, and contains the following statements: "Use of Land. Except as herein provided, none of the lots hereby restricted may be improved, used or occupied for other than private residence purposes, and no duplex, flat or apartment house, although intended for residence purposes, may be erected thereon. Any residence erected or maintained on any of the lots hereby restricted shall be designated for occupancy by a single family." June 26, 2003 ITEM NO.: 1 Cont. FILE NO.: Z-7410 "Commercial Structures. No building or structure of any sort may ever be placed, erected, or used for business, professional, trade, or commercial purpose on any portion of any lot." The principal use of the property will remain single family residential. No signage beyond that allowed in single family zones will be permitted. The applicants have noted that they are licensed by the State Department of Human Services. 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: a. This use may be located only in a single family home, occupied by 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. 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. Staff Recommendations: Staff recommends approval of the Special Use Permit to allow a day care family home at 11 Walnut Valley Drive, subject to the following conditions: 1. Compliance with the site and location criteria established 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 26, 2003) Juan and Adriene Williams were present, representing the application. There were two (2) persons present with concerns. Staff presented the item with a 2 June 26, 2003 ITEM NO.: 1 (Cont. recommendation of approval opponents first. LE NO.: Z-7410 Chairman Rahman decided to hear from the Shelly McGhee addressed the Commission in opposition. She noted that there should be a revocation process for special use permits and explained. She read a letter which was sent to Mayor Dailey addressing this issue. She referred to the Walnut Valley Neighborhood Bill of Assurance. She referred to the paragraphs as quoted in the staff report. Commissioner Lowry asked if the Commission could address Bill of Assurance issues. Cindy Dawson, City Attorney, stated that a Bill of Assurance was a private document and the Commission could not address compliance issues associated with them. Jan Taylor also addressed the Commission in opposition. She discussed Commission consideration of Bill of Assurance issues when making decisions on applications. She noted that the City's ordinance should be revised to have a revocation clause for special use permits. She noted that there were too many day care uses in the Walnut Valley neighborhood. Cindy Dawson stated that the Commission could consider Bill of Assurance issues, but not make decisions on whether anything constituted a violation of a Bill of Assurance. Commissioner Faust asked if special use permits could be revoked. Jim Lawson, Director of Planning and Development, stated that they could be enforced on and ultimately revoked if the conditions found in Section 36-54 of the Zoning Ordinance were not complied with. There was a brief discussion related to the number of day care family homes in this area. James Williams addressed the Commission in support of the application. He stated that he talked to all of his neighbors, and that none of them had a problem with his day care use. He noted that he had six (6) children of his own, but that they only cared for three (3) children. There was a brief discussion related to the number of children needed to require a special use permit. Commissioner Muse asked how many employees the Williams had. They stated that they had no employees and explained. Commissioner Floyd discussed the number of children which could be kept in the home. There was additional discussion related to the ordinance requirements for a day care family home and the number of children the applicants care for. 101 June 26, 2003 ITEM Na.: 1 {C FILE NO.: Z-7410 There was a discussion as to whether the number of children the applicants care for required a special use permit. Commissioner Lowry asked if the application could be deferred pending a clarification of the day care family home definition and regulations. There was additional discussion of the special use permit requirements. Mr. Lawson suggested withdrawing the application and not requiring a special use permit for the Williams' day care use. Mr. Williams requested to withdraw the application. There was a motion to withdraw the application. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The Commission determined that a special use permit was not required for the number of children the Williams cared for. M