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HomeMy WebLinkAboutPC Minutes for Z-10019 091224September 12, 2024 ITEM NO.: 3 FILE NO.: Z-10019 NAME: 1st Responders ECDC Daycare – Conditional Use Permit LOCATION: 5217 Mabelvale Pike AUTHORIZED AGENT: Brad Stewart (Agent) 1601 Shackleford Apt. 264 Little Rock, AR 72211 (501) 722-3127 OWNER: Barbara Ireland 1601 N. Shackleford Apt. 264 Little Rock, AR 72211 SURVEYOR/ENGINEER: Edward Lofton 15415 Oakcrest Little Rock, AR 72206 AREA: 0.38 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 2 PLANNING DISTRICT: 13 CENSUS TRACT: 20.01 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a Conditional Use Permit to operate a 24-hour daycare on an R-2 zoned property. B. EXISTING CONDITIONS: The property consists of a three bedroom, two bath brick frame house. The request is in the 65th Street East Planning District. The Land Use Plan shows September 12, 2024 ITEM NO.: 3 (Cont.) FILE NO.: Z-10019 2 Residential Low Density (RL) for the requested area. The property owner currenly lives at this location. There is a one-car wide concrete driveway with a two-car carport. C. NEIGHBORHOOD NOTIFICATIONS: All owners of property located within 300 feet of the site and all neighborhood associations registered with the City of Little Rock were notified of the public hearing. D. ENGINEERING COMMENTS: No comments. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments received. Entergy: No comments received. Summit Energy: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: Full Plan Review Parks and Recreation: No comments received. County Planning: No comments. F. Building Codes/Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the 65th Street East Planning District. The Land Use Plan shows Residential Low Density (RL) for the requested area. The Residential Low Density (RL) category provides for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single family homes but may also include patio or garden homes September 12, 2024 ITEM NO.: 3 (Cont.) FILE NO.: Z-10019 3 and cluster homes, provided that the density remains less than 6 units per acre. The application is to rezone from R-2 to CUP. Daycare Surrounding the application area on all sides is RL. To the northeast of subject site, across Mabelvale Pike is zoned C-1. This site is not located in an Overlay District. Master Street Plan: This site is addressed as Mabelvale Pike, primary access is from Sunnydale Drive. Mabelvale Pike is a Minor Arterial on the Master Street Plan. Minor Arterials are high volume roads designed to provide the connections to and through an urban area. Curb cuts should be minimized to allow for continuous traffic flow while still allowing some access to adjoining property. Deceleration Lanes are required. Standard Right-of-way (ROW) is 90 feet. Sidewalks are required on both sides. This street may require dedication of right-of-way and may require street improvements. Bicycle Plan: Mabelvale Pike is on the Master Bike Plan as a Proposed Class 2 Bike Lane. Class 2 Bike Lanes provides a portion of the pavement for the sole use of bicycles. Historic Preservation Plan: This property is not located in a Historic District. H. ANALYSIS: The applicant is requesting a Conditional Use Permit to operate a 24-hour daycare on an R-2 zoned property. The property is located at the southwest corner of Mabelvale Pike and Sunnydale Drive. The property consists of a three bedroom, two bath brick frame house. The request is in the 65th Street East Planning District. The Land Use Plan shows Residential Low Density (RL) for the requested area. The property owner currenly lives at this location. There is a one-car concrete driveway with a two-car carport. The 1st Responders Early Childhood Development Center (ECDC) is a 24-hour daycare specializing in accommodating parents who have unconventional work schedules. They will also offer a drop-in service, and inclement weather service. September 12, 2024 ITEM NO.: 3 (Cont.) FILE NO.: Z-10019 4 The maximum number of children to be cared for will be 30. They plan on having 10 children per shift. There will be three separate shifts: 7am-3pm, 3pm-11pm and 11pm-7am. There will be two staff members per shift (One staff member for every 5 children). The proposed daycare will operate daily, and be closed from 6:00 pm on Saturdays until 6:00 am on Mondays. The applicant notes that drop-off and pick-up of children will be within the existing carport and driveway. As noted previously there is a one-car wide driveway from Sunnydale Drive. The driveway widens to a two-car carport. The applicant’s site plan also notes that there will be parking on the grass on the south side of the driveway. Staff is not supportive of the proposed parking plan. Staff does not believe that the parking plan represents a safe plan for the drop-off and pick-up of children and parking for employees. Staff is not supportive of the requested conditional use permit to allow a 24 hour daycare use. Staff does not believe that this is an appropriate location for a 24 hour non-residential use. Single family residences on R-2 zoned property are located immediately south and west of the property, and across Mabelvale Pike to the north and across Sunnydale Drive to the east. Staff also has concerns with the proposed daycare using the side street (Sunnydale Drive) for access, and staff believes that the proposed parking plan is insufficient. I. STAFF RECOMMENDATION: Staff recommends denial of the requested conditional use permit. PLANNING COMMISSION ACTION: (AUGUST 8, 2024) The applicant was present. Staff presented the item and a recommendation of denial as outlined in the “staff analysis” above. There was two persons in support and no persons registered in opposition. Creronda Ireland and Barbara Ireland spoke in support of the application. After much discussion, the applicant requested to defer the application to the September agenda so that he could work on correcting his site plan to add proposed pick- up and drop-off area and parking. There was a motion to defer the item. There was a second. Voice call vote indicated all were in favor, none were opposed. The motion to defer passed. STAFF UPDATE: The applicant submitted a revised site plan to staff on August 27, 2024. The applicant has added a proposed driveway and parking areas to the plan. A proposed new driveway September 12, 2024 ITEM NO.: 3 (Cont.) FILE NO.: Z-10019 5 will be located north of the existing driveway from Sunnydale Drive. The new driveway will tie into the north side of the existing driveway to provide an area for drop-off and pick- up of children. The applicant is also proposing a parking area on the south side of the existing driveway. This area will provide parking for day care employees. The proposed driveway and parking expansion will have a gravel surface. The revised site plan also designates a fenced playground area in the rear yard area. With the revised site plan, staff is now in support of the application. The applicant is providing area for drop-off and pick-up of children as well as parking for staff members. Additionally, there were no objectors at the last Planning Commission meeting, and staff has received no negative comments from surrounding property owners as of this staff update. REVISED STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit, subject to the comments and conditions outlined in paragraph E, the staff analysis and the staff update, of the agenda staff report. PLANNING COMMISSION ACTION: (SEPTEMBER 12, 2024) The applicant was present. There were no persons registered in opposition. Staff presented the item, and a recommendation of approval as outlined in the “staff analysis” above. The item remained on the Consent Agenda for Approval. The vote was 9 ayes, 0 nays, 1 absent and 1 open position. The application was approved.