Subject

Resolution rescinding the Planning Commission’s action in denying a Special Use Permit to allow a
day care family home at 8701 Verbena Drive.
(Z-7672)

Ordinance
Ö Resolution
Approval
Information Report

Submitted By

Bruce Moore
City Manager

SYNOPSIS

Ms. Nikitia Britton is appealing the Planning Commission’s action in denying a Special Use Permit to allow a day care family home on the R-2 zoned property at 8701 Verbena Drive.

FISCAL IMPACT

None

RECOMMENDATION

Denial of the Resolution, denial of the Special Use Permit

CITIZEN PARTICIPATION

The Planning Commission reviewed this issue at its
July 29, 2004 hearing. There were five (5) persons present in opposition.

All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Cloverdale and SWLR United for Progress Neighborhood Associations were notified of the public hearing.

The Commission voted 4 ayes, 6 nays and 1 absent to deny the application.

BACKGROUND

Ms. Nikitia Britton is appealing the Planning Commission’s denial of a Special Use Permit to allow a day care family home at 8701 Verbena Drive.

CONTINUED

Nikitia Britton proposes to operate a day care family home (6 to 10 children) in the single family residence located on the R-2 zoned property at 8701 Verbena Drive. 8701 Verbena Drive is located on the east side of Verbena Drive, north of Baseline Road. All surrounding properties are zoned R-2. There are single family residences to the north, south and west. There are single family residences, a day care center and a church to the east along Oman Road.

The applicant’s home is a one-story brick and frame structure, and is typical of those in the area. The applicant proposes to operate the day care from 6:00 a.m. to 7:00 p.m., Monday through Friday. The applicant has noted that she has one (1) employee who lives elsewhere and comes in at 2:00 p.m.

There is a one-car wide concrete driveway from Verbena Drive, with a concrete extension. There is parking for four (4) vehicles, including the garage. On inspection of the site, staff observed no vehicles parked on unpaved area. The driveway should allow sufficient space for drop-off and pick-up of children. Staff observed no vehicles on the site which were not operational.

The applicant notes that she has been licensed by the State for one (1) year for a day care family home at this location. The applicant is licensed to care for 10 children.

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 and appears to still be in effect. The Bill of Assurance appears to address no use issues.

The requirements for operating a day care family home are found in Section 36-54(e)(3) of the City’s Zoning Ordinance. These requirements are listed in the attached Planning Commission minute record.

To staff’s knowledge, the only outstanding issue associated with this application involves an issue of separation. According to Section 36-54(e)(3)f. "No Special Use Permit will be approved for a day care family home proposed to be located within 300 feet of a licensed day care center or an

CONTINUED

operating day care family home for which a Special Use Permit has previously been approved." A licensed day care center is currently being operated on the property immediately to the east, along Oman Road. This day care center has existed for a number of years. Therefore, the applicant is requesting a variance to allow the day care family home within 300 feet of a permitted day care center.

In keeping with the spirit and intent of the newly established ordinance criteria, staff cannot support the proposed special use permit. Staff feels that the two (2) day care uses located on adjacent property could have an adverse impact on the immediate area, by creating an amount of traffic and noise greater than should be allowed in a residential area. To staff’s knowledge, the proposed day care family home would comply with all other ordinance requirements.