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HomeMy WebLinkAboutStaff Report 080621August 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 OWNER/AUTHORIZED AGENT: Sheilar Hatton – Owner Angela Jackson – Applicant SURVEYOR/ENGINEER: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.33 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 2 PLANNING DISTRICT: 15 CENSUS TRACT: 41.06 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. 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 2 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 DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments received. Entergy: 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/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region 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 August 12, 2021 ITEM NO.: 5 (Cont.) FILE NO.: Z-9600 3 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 applicant/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. August 12, 2021 ITEM NO.: 5 (Cont.) FILE NO.: Z-9600 4 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. l. 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 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. 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. August 12, 2021 ITEM NO.: 5 (Cont.) FILE NO.: Z-9600 5 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. C3CUP O3CUP R2CUP R2CUP R2 O3 OS POD OS C3 R5 PR PD-OC3 R5 POD O3 O3 VERBENA DRJACQUES RDEDDY LN OAKGROVE LNCONIFERPL WARREN DRSUSANNE DRKNOLLWOOD RD FAIRFIELD DR BASELINE RD SOMERTONCIR A C O R N P L LARKPL CANNA RD D ELILAH LNCLOVERDALE DROMAN RDGARDNER RDDAILEY DR^_ Vicinity Map Case: Location: CT: Ward: TRS: PD: Area Zoning ± Z-9600 6824 Fairfield Dr. 2 41.06 T1S R13W 1 15 City of Little Rock Planning & Development Rev: 6/23/2021 SUBJ EC T PRO PERTY 0 175 350 Feet