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HomeMy WebLinkAboutZ-7422 Staff AnalysisJune 26, 2003 ITEM NO.: 4 FILE NO.: Z-7422 Name: Clayton Day Care Family Home — Special Use Permit Location: #2 Cherry Valley Drive Applicant: Ruthie Clayton 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 #2 Cherry 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: #2 Cherry Valley Drive is located on the north side of Cherry Valley Drive, north of Breckenridge Drive (northwest corner of Cherry Valley Drive and Walnut Valley Drive). All surrounding properties are zoned R-2 and contain single family residences. There is a multifamily development to the west at the end of Cherry Valley 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 from Walnut Valley Road. The rear yard is enclosed by a fence and provides a safe play area. The applicant proposes to operate the day care from 6:00 a.m. to 5:30 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.: 4 (Cont.) _ FILE NO.: Z-7422 "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. The applicant has noted that the day care family home has existed since 1999. 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 #2 Cherry 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. 2 June 26, 2003 ITEM NO.: 4 Cont. FILE NO.: Z-7422 PLANNING COMMISSION ACTION: (JUNE 26, 2003) Ruthie Clayton was present, representing the application. There were two (2) persons present with concerns. Staff presented the application with a recommendation of approval. Chairman Rahman stated that the opposition would be heard from first. Mark McGhee addressed the Commission in opposition. He noted that the day care family home did not comply with the neighborhood's Bill of Assurance. He noted that he lived next door to a day care family home on Pleasant Cove, and explained his concerns with this type of day care use. Shelly McGhee also addressed the Commission in opposition to the application. She discussed concerns with day care family homes being operated in the neighborhood. Ruthie Clayton addressed the Commission in support of the application. She stated that she has operated the day care family home at this location since 1999 with no complaints from neighbors. Commissioner Lowry asked Ms. Clayton if she lived in the residence. Ms. Clayton stated that she did live in the home. Commissioner Lowry also asked Ms. Clayton if she had children of her own. She stated that she had three (3) children, ages 14 to 15. Chairman Rahman asked Ms. Clayton how long she has operated a day care family home at this location. Ms. Clayton stated that she has operated the day care since 1999. Commissioner Floyd asked if special use permits could be denied by the Commission. Cindy Dawson, City Attorney, stated that special use permits should be reviewed on their own merits and that they could be denied by the Commission if determined to be an inappropriate use for an area. Jim Lawson, Director of Planning and Development, noted that the day care family home had existed since 1999 with no complaints from the neighbors. He also noted that there had been past discussions related to amending ordinance requirements for special use permits, but none had been made. There was a motion to approve the Special Use Permit, as recommended by staff. The motion passed by a vote of 7 ayes, 2 nays and 2 absent. The application was approved. 3 FILE NO.: Z-7422 Name: Clayton Day Care Family Home — Special Use Permit Location: #2 Cherry Valley Drive Applicant: Ruthie Clayton 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 #2 Cherry 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: #2 Cherry Valley Drive is located on the north side of Cherry Valley Drive, north of Breckenridge Drive (northwest corner of Cherry Valley Drive and Walnut Valley Drive). All surrounding properties are zoned R-2 and contain single family residences. There is a multifamily development to the west at the end of Cherry Valley 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 from Walnut Valley Road. The rear yard is enclosed by a fence and provides a safe play area. The applicant proposes to operate the day care from 5:00 a.m. to 5:30 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." FILE NO.: Z-7422 (Cont. "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. The applicant has noted that the day care family home has existed since 1999. 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 #2 Cherry 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. OA FILE NO.: Z-7422 Cont) PLANNING COMMISSION ACTION: (JUNE 26, 2003) Ruthie Clayton was present, representing the application. There were two (2) persons present with concerns. Staff presented the application with a recommendation of approval. Chairman Rahman stated that the opposition would be heard from first. Mark McGhee addressed the Commission in opposition. He noted that the day care family home did not comply with the neighborhood's Bill of Assurance. He noted that he lived next door to a day care family home on Pleasant Cove, and explained his concerns with this type of day care use. Shelly McGhee also addressed the Commission in opposition to the application. She discussed concerns with day care family homes being operated in the neighborhood. Ruthie Clayton addressed the Commission in support of the application. She stated that she has operated the day care family home at this location since 1999 with no complaints from neighbors. Commissioner Lowry asked Ms. Clayton if she lived in the residence. Ms. Clayton stated that she did live in the home. Commissioner Lowry also asked Ms. Clayton if she had children of her own. She stated that she had three (3) children, ages 14 to 15. Chairman Rahman asked Ms. Clayton how long she has operated a day care family home at this location. Ms. Clayton stated that she has operated the day care since 1999. Commissioner Floyd asked if special use permits could be denied by the Commission. Cindy Dawson, City Attorney, stated that special use permits should be reviewed on their own merits and that they could be denied by the Commission if determined to be an inappropriate use for an area. Jim Lawson, Director of Planning and Development, noted that the day care family home had existed since 1999 with no complaints from the neighbors. He also noted that there had been past discussions related to amending ordinance requirements for special use permits, but none had been made. There was a motion to approve the Special Use Permit, as recommended by staff. The motion passed by a vote of 7 ayes, 2 nays and 2 absent. The application was approved. 3