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HomeMy WebLinkAboutPC Action Letter - Approved with Conditions 081821�- ram. Department of Planning and Development Planning 723 West Markham Street ,'. Development Little Rock, Arkansas 72201-1334 Phone: (501)371�790 Fax: (501)371 4546 Building Codes August 18, 2021 Angela Jackson 6824 Fairfield Drive Little Rock, AR 72209 Re. File No. Z-9600 Jackson Day Care Family Home — Special Use Permit; 6824 Fairfield Drive Dear Mr. Jackson: This is to advise you that in connection with your request concerning the above referenced file number the following action was taken by the Planning Commission at its meeting on August 12, 2021'. x Approved with conditions. Recommended approval with conditions. Recommended approval as submitted. Denied your request as submitted. Deferred to the Other: Meeting. If you have any questions please do not hesitate to contact me at 371-4792. Respec ull VMEe Moore Development Administrator August 12, 2021 ITEM NO.: 5 FILE NO.: Z-9600 NAME. Jackson Day Care Family Home — Special Use Permit LOCATION: 6824 Fairfield Drive DEVELOPER - Angela Jackson 6824 Fairfield Drive Little Rock, AR 72209 OWNERIAUTHORIZED AGENT: Sheilar Hatton — Owner Angela Jackson — Applicant SURVEYOR/ENGINEER: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.33 acre WARD: 2 CURRENT ZONING: VARIANCEIWA1VERS NUMBER OF LOTS: 1 PLANNING DISTRICT: 15 R-2 None requested. FT. NEW STREET: 0 LF CENSUS TRACT: 41.06 A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The applicant requests a special use permit to allow a day care family home to be operated in the single family residence located on the R-2 zoned property at 6824 Fairfield Drive. B. EXISTING CONDITIONS: The lot contains a one-story brick and frame single family residence. There is a one -car wide driveway from Fairfield Drive. August 12, 2021 ITEM NO.: 5 Cont. FILE NO.: Z-9600 C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and all neighborhood associations registered with the City of Little Rock were notified of the public hearing. D. ENGINEERING COMMENTS: 1. Show proposed parking spaces for drop-off within the gravel area. 2. Parking area should be bound and delineated. E. UTILITIES/FIRE DEPARTMENTIPARKSICOUNTY PLANNING: Little Rock Water Reclamation Authority- No comments received. Enter . No comments received. CenterPoint Energy: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: No comments. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LAN ❑SCAPE: Building Code: No comments received. Landscape: No comments. G. TRANS PORTATIONIPLANNING: Rock Re ion Metro: No comments received. Planning Division- No comments. H. ANALYSIS' 6824 Fairfield Drive is located at the northeast corner of Fairfield Drive and Dailey Drive. All surrounding properties are zoned "R-2" Single Family Residential. A 2 August 12, 2021 ITEM NO.: 5 Cont. FILE NO.: Z-9600 nonconforming warehouse structure is located immediately to the north, with clinical uses, a post office, community center and police sub -station located further north and northeast. The applicant requests a special use permit to operate a day care family home at 6824 Fairfield Drive. The applicant proposes to care for up to ten (10) children. The applicant proposes to operate the day care use from 6:00 a.m. to 5:30 p.m., Monday through Friday. The day care will be closed on state and federal holidays. In addition to the applicarnt/resident, Angela Jackson, Ms. Jackson's mother, Sheilar Hatton will be an additional caregiver who will report to the site on a daily or as needed basis. The applicant's home is a one-story brick and frame structure, and is typical of other homes in this general area. The rear yard is fenced and should provide a safe play area for the proposed day care family home. There is a one -car wide driveway from Fairfield Drive, with parking for three (3) vehicles including the carport. The existing driveway on the site will be reserved for drop-off/pick-up of children. There is an existing gravel area on the west side of the driveway/carport area. The gravel area has been used for parking for over 30 years. if the applicant proposes to use the gravel area for her and her mother to park on, the area will need to be upgraded to low -impact development standards with borders, and accessed only from the existing driveway. The applicant also has the option of widening the existing driveway to a two (2) car width. 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 1964 and appears to still be in effect. The Bill of Assurance contains the following language: "This lot shall not be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on this lot other than one single family dwelling not to exceed two and one-half 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. 3 August 12, 2021 ITEM NO.: 5 Cont. FILE NO.: Z-9600 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 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. f. 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. 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. I. 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 Marshal 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 staffs 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 an area survey conducted by staff, there are no permitted/licensed day care family homes or day care centers within 300 feet of the site. The Little Rock Fire Marshal has inspected the site and approved use of the residence as a day care family home. EI August 12, 2021 ITEM NO.: 5(Cont.)FILE NO.: Z-9600 I. STAFF RECOMMENDATION: Staff recommends approval of the Special Use Permit to allow a day care family home at 6824 Fairfield Drive, subject to the following conditions: 1. Compliance with the comments and conditions outlined in paragraph D, and the staff analysis, of the agenda staff report. 2. Compliance with the site and location criteria in Section 36-54 (e) (3). 3. There is to be no signage beyond that permitted in single family zones. 4. Outdoor activities, including playground use, are to be limited to day -light hours. PLANNING COMMISSION ACTION: (AUGUST 12, 2021) Angela Jackson was present representing the application. There were two (2) persons registered in opposition. Staff presented the item and a recommendation for approval as outlined in the "staff recommendation" above. The applicant deferred to the registered opposition. Mrs. Tashan O'Neal. President of the Chicot Neighborhood Association, addressed the Commission in opposition to the application. Mr. O'Neal addressed concerns regarding the size of the residence, right-of-way issues, traffic and noise. Troy Laha, Vice President of the Southwest Little Rock United for Progress addressed the Commission in opposition to the application. Mr. Laha expressed concerns regarding the size of the residence, traffic and safety. Angela Jackson addressed the Commission in response the registered opposition concerns. She stated she submitted the application due to the need for children to be in a smaller child care setting and the desire for residents in the area to have closer facilities. She also addressed parking concerns stating drop off and pick up will occur in the driveway area and not in the right-of-way. Commissioner Hart asked the applicant if she lived in the residence. She responded, yes, and noted that her mother will assist with operating the daycare. She also stated that she could not apply for the state license until she was approved by the Commission. Commissioner Rahman asked if the lot would be used for Commercial purposes. Applicant's response was no. Commissioner Hart asked the applicant questions regarding health and safety. The applicant stated health and safety concerns have been addressed as part of the proposal. 5 August 12, 2021 ITEM NO.: 5 Cont. FILE NO.: 2-9600 Commissioner Brooks asked a questions regarding the age groups of children attending the daycare and health and safety concerns. Applicant's responded stating infants up to 2.5 years. The applicant stated there is a private gate in the rear of the residence, children will not be in front of the residence and pick-up and drop-off will occur on the side of the residence underneath the car porch. Commissioner Betton discussed drop-off and pick-up of children. Commissioner Haynes asked staff if they considered safety regarding pick-up and drop- off. Staff stated is was considered during the review of the application and found to be adequate as mentioned in the staff report. There was a motion to approve the application. The motion was seconded. The vote was 7 ayes, 3 nays, and 1 open position. The application was approved. 1.1