Z-5652-B Staff AnalysisJanuary 30, 2020
ITEM NO.: A
FILE NO.: Z -5652-B
Name: Recovery Centers of Arkansas Group Care Facility —
Revised Special Use Permit
Location: 9219 Sibley Hole Road
Applicant: Recovery Centers of Arkansas
Proposal: A Special Use Permit is requested to allow a group care
facility to continue operation in the existing structure on this
0-3 zoned property.
A. Public Notification:
Notice of the public hearing was sent to all owners of property located
within 200 feet of the site and the SWLR United for Progress
Neighborhood Association.
B. Staff Analysis:
On October 6, 2016, the Commission approved a special use permit to
allow a group care facility to be located in the existing building at 9219
Sibley Hole Road. The building is one of three located on this property
which is owned by the North American Baptist Association. The approval
allowed Health Resource of Arkansas to provide substance abuse
treatment/housing for up to 15 individuals.
Special Use Permits are not transferrable from owner to owner, location to
location or use to use. Recovery Centers of Arkansas is proposing to
purchase the site and to operate its group care facility/substance abuse
treatment center in the same manner as was previously approved.
No change in the type of use or number of clients is proposed.
It is the mission of Recover Centers of Arkansas to enable individuals to
live free from the abuse of alcohol and/or drugs by providing treatment
programming and other professional services within an atmosphere of
dignity and respect. Recovery Centers of Arkansas is licensed by the
Arkansas Department of Health and Human Services, Division of
Behavioral Health, Alcohol and Drug Abuse Prevention. It is accredited by
the Commission on Accreditation for Rehabilitation Facilities for alcohol
and drug services in the areas of residential treatment, outpatient
treatment and community housing.
January 30, 2020
ITEM NO.: A (Cont.
FILE NO.: Z-5652
The site contains parking for over 50 vehicles. The existing parking
should be sufficient to serve the facility and the other buildings on the site.
Section 36-54(e) (4) of the Zoning Ordinance provides the following
provisions for group care facilities:
family care facility, group care facility, group home,
parolee or probationer housing facility, rooming, lodging
and boarding facility.
(a) Separation, spacing and procedural requirements
for family care facilities, group care facilities, group
homes, parolee or probationer housing facilities
and rooming, lodging and boarding facilities will be
determined by the planning commission so as not
to adversely impact the surrounding properties
and neighborhood. Unless the commission
determines that a different area is more appropriate,
a neighborhood shall be defined as an area
incorporating all properties lying within one thousand
five hundred (1,500) feet of the site for which the
permit is requested.
(b) There shall be a presumption that a special use
permit for a group home of 5, 6, 7, or 8 handicapped
persons will be granted if all ordinance requirements
are met, except that individuals whose tenancy would
constitute a direct threat to the health or safety of
other individuals of whose tenancy would result in
substantial physical damage to the property of others
shall not be allowed in such a home.
(c) Issues that the planning commission will consider
during its review of a family care facility, group care
facility, group home, parolee or probationer housing
facility, or rooming, lodging and boarding facility
include, but are not limited to:
1. Spacing of existing similar facilities.
2. Existing zoning and land use patterns.
3. The maximum number of individuals proposed
to be served, the number of employees proposed
and the type of services being proposed.
K
January 30, 2020
ITEM NO.: A (Cont.) FILE NO.: Z -5652-B
4. The need and provision for readily accessible
public or quasi -public transportation.
5. Access to needed support services such as social
services agencies, employment agencies and
medical service providers.
6. Availability of adequate on-site parking.
(d) The Fire Marshal must approve the use of any
structure proposed as a family care facility, group care
facility, group home, parolee or probation housing
facility or rooming, lodging and boarding facility.
(e) Family care facilities, group care facilities, group
homes and parole or probation housing facilities shall
be operated within any and all applicable licensing and
procedural requirements established by the State of
Arkansas.
According to an area survey, there are no other transitional -type residential
facilities within 1,500 feet of the property.
The prior approval allowed eight (8) bedrooms within the residence, with
the maximum residents per bedrooms as noted below. The total number
of residents within the home will not exceed fifteen (15).
Bedroom (1) 624 square feet
— 2 occupants
o Bedroom (2) 624 square feet
— 2 occupants
Bedroom (3) 624 square feet
— 2 occupants
Bedroom (4) 624 square feet
— 2 occupants
o Bedroom (5) 624 square feet
— 2 occupants
o Bedroom (6) 624 square feet
— 2 occupants
m Bedroom (7) 624 square feet —
2 occupants
Bedroom (8) 624 square feet —
1 occupant
Section 8-406(a) of the City's Buildings and Building Regulations
Ordinance (minimum area per dwelling unit) requires 150 square feet
for the first occupant and 100 square feet for each additional occupant.
Therefore, the minimum area for a residence occupied by 15 persons is
1,550 square feet. The residential structure contains 5,474 square feet.
Section 8-406(b) (minimum area per bedroom) requires 70 square feet
for the first occupant and 50 square feet for each additional occupant. All
of the proposed bedrooms will conform to this requirement.
3
January 30, 2020
ITEM NO.: A (Cont.) FILE NO.: Z -5652-B
The applicant did not submit a bill of assurance, as the property is not
located within a subdivision.
The Fire Marshal must approve the use of any structure proposed as a
family care facility, group care facility, group home, parolee or probation
housing facility or rooming, lodging and boarding facility.
Staff is supportive of the requested special use permit to allow a group
care facility at 9219 Sibley Home Road. Staff believes that the property
at 9219 Sibley Hole Road has been an appropriate site for the proposed
transitional -type living facility. The subject property is located within an
area of mixed uses and zoning. The majority of the surrounding uses
are light industrial and heavy commercial in nature. There are also
three (3) single family residences and a church in the immediate area.
As noted previously, staff found no other similar living facilities within
1,500 feet of the site. The building proposed for residential occupancy
is located within a landscaped, campus -type area. Wooded property
surrounds the 0-3 zoned property at 9219 Sibley Hole Road. Staff
believes that a group care facility for 15 residents at this location will have
no adverse impact on the adjacent properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow continuation
of a group care facility at 9219 Sibley Hole, subject to compliance with the
provisions of Section 36-54(e) (4) of the City's Zoning Ordinance.
PLANNING COMMISSION ACTION:
(DECEMBER 5, 2019)
The applicant was not present. There were no persons present registered in
support or opposition. Staff informed the commission that the applicant had
failed to complete the required notices and the item needed to be deferred.
There was no further discussion. The item was placed on the consent agenda
and deferred to the January 30, 2020 agenda. The vote was 9 ayes, 0 noes and
2 absent.
PLANNING COMMISSION ACTION:
(JANUARY 30, 2020)
The applicant was present. There were no persons present registered in support
or opposition. Staff presented the item and a recommendation of approval as
outlined in the "staff recommendation" above. There was no further discussion.
The item was placed on the consent agenda and approved as recommended by
2
January 30, 2020
ITEM NO,: A (Cont.) FILE NO.: Z -5652-B
staff, including all staff comments and conditions. The vote was 10 ayes, 0 noes
and 1 absent.