HomeMy WebLinkAboutPC Action Letter - Minutes - Approved With ConditionsDepartment of Planning and Development Planning
723 West Markham Street
Little Rodc. Arkansas 72201-1334 Development
Phone: (501 )371 4790 Fax: (501)399-3435 Building Codes
May 17, 2023
Kesha Williams
8401 Fairwood Road
Mabelvale, AR 72103
Re: File No. Z-9781
Williams Day Care Family Home — Special Use Permit
Dear Ms. Williams:
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 May 11, 2023:
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.
Respectfully,
Monte Moore
Development Administrator
May 11, 2023
ITEM NO.: 9 FILE NO.: Z-9781
NAME: Williams Day Care Facility Home — Special Use Permit
LOCATION: 8401 Fairwood Road
DEVELOPER:
Kesha Williams
8401 Fairwood Road
Mabelvale, AR 72103
OWNER/AUTHORIZED AGENT:
Kesha Williams
8401 Fairwood Road
Mabelvale, AR 72103
SURVEYOR/ENGINEER:
N/A
AREA: 0.46 acre
WARD: 7
CURRENT ZONING:
VARIANCE/WAIVERS:
NUMBER OF LOTS: 1
PLANNING DISTRICT: 15
R-2
None requested.
A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT:
FT. NEW STREET: 0 LF
CENSUS TRACT: 41.05
The applicant is requesting a Special Use Permit to allow a day care family home
to be operated in the single-family residence on the R-2 zoned property located at
8401 Fairwood Road. The proposed day care family home will have a maximum
of ten (10) children.
B. EXISTING CONDITIONS:
The site contains a 1,672 square foot, one-story, single-family residence located
on the southwest corner of Fairwood Road and Toombs Road. Access to the rear
May 11, 2023
ITEM NO.: 9 (Cont.) FILE NO.: Z-9781
yard is along Toombs Road. The residence contains a fence around the backyard
of the house. R-2 zoning and uses are contained in all directions.
C. NEIGHBORHOOD NOTIFICATIONS:
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. Driveways shall handle the required parking for the daycare facility per City
Zoning Codes.
E. UTILITIESIFIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authority: No comments.
Entergy: No comments
Summit Utilities: No comments.
AT & T: No comments received.
Central Arkansas Water:
1. NO OBJECTIONS; All Central Arkansas Water requirements in effect at the
time of request for water service must be met.
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.
K
May 11, 2023
ITEM NO.: 9 Cont. FILE NO.: Z-9781
Planning Division: No comments.
H. ANALYSIS:
The applicant is requesting a Special Use Permit to allow a day care family home
to be operated in the single-family residence on the R-2 zoned property located at
8401 Fairwood Road. The proposed day care family home will have a maximum
of ten (10) children.
The applicant proposes the hours of operation to be from 7:00am to 6:00pm,
Monday through Sunday.
The site contains a 1,672 square foot, one-story, single-family residence located
on the southwest corner of Fairwood Road and Toombs Road. Two concrete
driveways extend from Toombs Road along the south property line. The northern
most driveway leads to a two -car garage. The applicant notes the second
driveway to the south, will be the designated pick-up/drop-off area for the day care
use. This driveway leads to a gate which provides access the rear entry to the
residence.
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 notes, no bill assurance was found by the Pulaski County Clerk's
office.
According to Section 36-54(e)(3) of the City's Zoning Ordinance, the site and
location criteria for Day Care Family Homes are as follows:
a. This use may be located only in a single-family home, occupied by the
caregiver and which is the full-time residence of the caregiver.
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.
f. After the effective date of this subsection, no special use permit will be
approved for a day care family home proposed to be located within three
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May 11, 2023
ITEM NO.: 9 (Con#.) FILE NO.: Z-9781
hundred (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 are required to obtain a city
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 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.
A survey conducted by staff found one (1) other day care use located at
8001 /8003 Mabelvale Cut-off, approximately 1,285 feet from this property. Staff
knows of no other day care uses within this area.
To staffs knowledge, the only outstanding issue, which is noted in the applicant's
cover letter, associated with this application, is the Fire Marshal's approval pending
licensure for the daycare/family home. Staff feels the proposed day care family
home at this location will have no adverse impact on the general area. Based on
the survey, staff could find no permitted/licensed day care family homes or day
care centers within 300 feet of the site.
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May 11, 2023
ITEM NO.: 9 Cant. FILE NO.: Z-9781
STAFF RECOMMENDATION:
Staff recommends approval of the Special Use Permit to allow a day care family
home at 9781 Fairview Road, subject to the following conditions:
1. Compliance with the site and location criteria 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 limited to day -light hours.
4. Written approval from the Fire Marshal must be obtained and submitted to staff
prior to operation of the day care family home.
PLANNING COMMISSION_ ACTION: (MAY 11, 2023)
Kesha Williams was present representing the application. There was one (1) objector
present. Staff presented the application with a recommendation of approval.
Troy Laha addressed the Commission stating that he was opposed to the proposed use
of the property and that the applicant has not provided a parking plan, traffic study, details
about the use of the property, nor attended the Southwest Little Rock United for Progress
meeting to discuss the application.
Kesha Williams addressed the Commission representing the application. She stated that
did attend the meeting with Mr. Laha and discussed the item which has a goal of providing
quality service and has been approved by the Arkansas Department of Human Services
for operation. She stated that the size and use of the property should not have any impact
on traffic in the area.
There was a discussion by the PC regarding the location of the proposed daycare and
the condition of Fairwood Road.
There was a motion to approve the application, including all staff comments and
conditions. The motion passed by a vote of 7 ayes, 0 nays, 3 absent, and 1 open position.
The application was approved.
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