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HomeMy WebLinkAboutPC Minutes for Z-9781May 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 NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 7 PLANNING DISTRICT: 15 CENSUS TRACT: 41.05 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: 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 2 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. UTILITIES/FIRE 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. May 11, 2023 ITEM NO.: 9 (Cont.) FILE NO.: Z-9781 3 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 May 11, 2023 ITEM NO.: 9 (Cont.) FILE NO.: Z-9781 4 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. 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. 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 staff’s 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. May 11, 2023 ITEM NO.: 9 (Cont.) FILE NO.: Z-9781 5 I. 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.