Z-8600 Staff AnalysisOctober 7, 2010
ITEM NO.: 2 FILE NO.: Z-8
NAME: Teague Group Home — Special Use Permit
LOCATION: 9320 Cloverhill Road
OWNER/APPLICANT: Robert V. Teague, Jr.
PROPOSAL: A Special Use Permit is requested to allow a Group
Home to be operated in the single-family residence
located on the R-2 zoned property at 9320 Cloverhill
Road.
A. Public Notification:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the Pennbrook/Cloverhill
Neighborhood Association were notified of the public hearing.
B. Public Work Issues:
After review of survey provided by applicant:
After further Public Works review of the Snow's Subdivision Final Plat
which was recorded in 1973, right-of-way was dedicated by plat at the
western end of Clover Hill Road southeast of Lot 4 of Snow's Subdivision.
The platted right-of-way shows to be 50 ft. long and 65.6 ft. wide.
Documents also show the developer at the time was required to construct
a hammerhead turnaround. It appears a turnaround was never
constructed. Only gravel was installed. The purpose of the hammerhead
in the right-of-way is primarily for City of Little Rock and emergency
vehicles (trash collection trucks, sweepers, ambulances, fire trucks, etc...)
to turnaround to service lots along Clover Hill Road. Due to the impact on
the public health, safety and welfare, Public Works staff cannot
recommend approval of any future request for abandonment of the right-
of-way or a possible franchise request for continued use for vehicle
parking due to its current and potential usage by City of Little Rock and
emergency vehicles.
As it exists today, the right-of-way and gravel turnaround are insufficient in
size to accommodate trash collection vehicle turn movements. Today, the
right-of-way.for hammerheads is required to be a minimum 90 feet in width
with an 80 feet paved surface turnaround. A chain link fence, a tree, and
railroad cross ties are located in the right-of-way today making the usable
turnaround area even smaller than shown on the 1973 plat.
October 7, 2010
ITEM NO: 2 (Cont.
C. Staff Analysis:
FILE NO.: Z-8600
The R-2 zoned property at 9320 Cloverhill Road is occupied by a one-
story brick residential structure, located at the west end of Cloverhill Road.
Cloverhill Road dead -ends into a gravel area on the south side of the
residence. It appears this area has been used for parking to serve the
residence.
The surrounding properties to the north, east and southeast contain
single-family residences and are zoned R-2. Interstate 630 right-of-way
and undeveloped property are located to the west and south.
The applicant, Robert V. Teague, Jr., proposes to utilize the existing
3,400 square foot structure as a group home. The residential facility will
serve as a residence for men recovering from substance abuse
addictions. The applicant is proposing to house ten (10) residents and
one (1) house manager, all of whom are recovering from alcoholism. The
applicant has noted that the residents will come to his facility from
treatment centers and 12-step programs, and not from the prison system.
He has also noted that no person with a violent or sexual criminal record
will be admitted. It has also been noted that the residents must be
employed or actively seeking employment. There will be a weekday
curfew of 11-00 p.m. and a weekend curfew of midnight. Please see the
attached letter from the applicant for additional information.
The applicant proposes to house the residents in six (6) bedrooms as
follows:
Bedroom 1 — 178 sq. ft. — house manager
Bedroom 2 — 112.5 sq. ft. — 2 residents
Bedroom 3 — 156.25 sq. ft. — 2 residents
Bedroom 4 — 132.25 sq. ft. — 2 residents
Bedroom 5 — 132.25 sq. ft. — 2 residents
Bedroom 6 — 189.75 sq. ft. — 2 residents
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 11 persons is
1,150 square feet. As noted earlier the residential structure contains
3,400 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. The
occupancy of bedroom 2 does not meet this requirement.
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October 7, 2010
NO: 2 Cont.) FILE NO.: Z-8600
Section 36-54(e)(4) of the City's Zoning Ordinance provides the following
provisions, as adopted by the Board of Directors on September 6, 2005:
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
or 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.
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.
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October 7, 2010
ITEM NO: 2 (Cont.
FILE NO.: Z-8600
(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.
The site is not located on a CATA bus route. Route #5 (West Markham
Route) runs along West Markham Street to the north. The nearest bus
stops are located at the northwest corner (west bound buses) and
southwest corner (east bound buses) of West Markham Street and John
Barrow Road/Brookside Drive. This is based on information provided by
CATA administration. The site is approximately 0.70 mile from the bus
stops.
The applicant submitted a copy of the bill of assurance for this subdivision
(Snow's Subdivision) to staff. The bill of assurance was recorded in 1973
and addresses no use issues.
An area survey conducted by staff revealed that there are no other similar
residential living facilities within 1,500 feet of this property.
As noted previously, the gravel area at the end of Cloverhill Road appears
to have been used in the past as parking for the residence at 9320
Cloverhill Road. As noted in paragraph B. of the staff report, Public Works
does not believe the area should continue to be used to serve the
proposed group home, based on the fact that the area of right-of-way
should remain open for potential use by City and emergency vehicles.
The applicant is requesting the group home for 11 residents total. The
potential exists for all the residents to own vehicles. With the possibility of
other visitors coming to the site, staff believes adequate parking should
consist of a minimum of 11 to 12 off-street parking spaces. There is only
enough space on the property (out of the right-of-way) to provide two (2)
to four (4) parking spaces and comply with the new parking in yards
ordinance, which regulates maximum driveway size.
Staff does not support the requested Special Use Permit to allow a group
home at 9320 Cloverhill Road for the following reasons:
1. Number of Residents Proposed:
Although the number of residents proposed with
respect to the overall size of the structure conforms to
Section 8-406 of the code, staff believes the request for
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October 7, 2010
M NO: 2 (Cont.) FILE NO.: Z-8600
11 residents is too many for a single-family residential
setting. Staff feels the number of residents proposed for
the group home pushes the proposed group home into
more of an institutional category rather than a family
home environment. Staff believes the intent of the
ordinance is to allow smaller number of handicapped
individuals to live together in a single-family home
setting.
2. Off -Street Parking:
As noted in the previous paragraph, staff believes that
adequate off-street parking (not within the right-of-way of
Cloverhill Road) cannot be provided for the proposed
occupancy of 11 persons, especially with the potential for
visitors (property owner, family members, etc.) coming to
the site. Staff believes use of the right-of-way for parking
at the end of Cloverhill Road could cause a potentially
dangerous situation if the area is needed for
maneuvering of emergency vehicles.
3. Size of Bedrooms:
According to Section 8-406(b) of the Code, a minimum
of 120 square feet is needed for occupancy of two (2)
persons in a bedroom. As noted previously, Bedroom 2
contains only 112.5 square feet.
4. Location of Proposed Group Home:
Given the occupancy level proposed for the group home
use being more institutional in nature, staff believes the
use would be more appropriate within an area adjacent to
a major roadway; an area where other institutional uses
exist. The proposed group home is located deep within
this single-family neighborhood, approximately four -
tenths of a mile (seven (7) city blocks) from John Barrow
Road.
Collectively, all of the concerns as noted above give
staff great hesitance in supporting the proposed group
home use.
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October 7, 2010
ITEM NO: 2 (Cont.
D. Subdivision Committee Comments
E
FILE NO.: Z-8600
(September 16, 2010)
Bobby Teague and John Teague were present, representing the
application. Staff described the proposed Group Home use. Staff noted
that additional information was needed on size of bedrooms and sleeping
accommodations for each bedroom.
The parking issue was discussed. Staff noted that it appeared that the
majority of the existing gravel parking was in the right-of-way of Cloverhill
Road. Staff suggested the applicant submit a survey of the property to
help verify the area of parking. The parking issue was discussed further.
Staff noted that a copy of the bill of assurance was needed. The issue of
public transportation was briefly discussed. Mr. Teague noted that the
residents of his house have been catching the bus along Barrow Road
near Henderson Middle School.
After the discussion, the Committee forwarded the application to the full
Commission for final action.
Staff Recommendation:
Staff recommends denial of the requested Special Use Permit to allow a
group home at 9320 Cloverhill Road.
PLANNING COMMISSION ACTION:
(OCTOBER 7, 2010)
Robert V. Teague, Jr. and Paul Harrod were present, representing the
application. There were a number of persons present in opposition. Staff
presented the application with a recommendation of denial. Staff noted that the
applicant had amended the application to have a maximum of seven (7)
residents (includes house manager) in the proposed group home.
Cindy Dawson, City Attorney, addressed the Commission and made comments
relating to the Fair Housing Act.
Robert V. Teague, Jr. addressed the Commission in support of the application.
He presented photos of other properties in the neighborhood. He noted that he
had met with the fire marshal and would comply with the fire code issues. He
explained that parking could be provided by removing the existing accessory
building at the west end of the residence. He noted the following with respect to
the proposed group home:
A
October 7, 2010
ITEM NO: 2 (Cont.
X2•
weekly drug testing would be conducted.
no visitors will be allowed on the site.
® no violent or sexual offenders will be allowed to reside in the home.
• log -in and log -out by residents will be required
security cameras will be installed
■ residents must be employed or seeking employment
Reginald Clayton spoke in support of the application. He stated that he was a
substance abuse counselor and recovering alcoholic. He spoke in favor of sober
living facilities.
Markey Ford also spoke in support. She noted that she is the executive director
of the Wolfe Street Foundation. She explained that Mr. Teague is operating a
quality group home facility and supported his application.
John Novelle also spoke in support. He stated that he was with the Hazel Street
Recovery Center and discussed the group home facility use in general and how it
works.
Mollie Irvin, president of the Pennbrook/Cloverhill Neighborhood Association,
addressed the Commission in opposition. She described the neighborhood and
provided facts related to the neighborhood. She noted that the neighborhood
association had voted to oppose the group home application and presented a
petition of opposition to the Commission. She also had a brief PowerPoint
presentation.
Michael Cook spoke in opposition to the proposed group home use. He noted
that he attended the neighborhood meeting when the issue was discussed.
George Irvin also spoke in opposition.
Shirley Johnson also spoke in opposition. She noted that the persons currently
living at 9320 Cloverhill Road were unsupervised.
Samuel Macheak also addressed the Commission in opposition. He discussed
traffic and safety issues as concerns. He noted that there were other more
appropriate locations for the group home than 9320 Cloverhill Road.
Michelle Ready also spoke in opposition. She stated that her father lived in the
neighborhood. She explained that persons needed to be sober for a long period
of time before being placed in a residential home setting.
Ginger Rush also made comments in opposition. She expressed concerns with
traffic and parking along Cloverhill Road, and the turn around at the end of the
street for garbage and emergency vehicles. She also discussed garbage pick-up
for living facilities.
Ruth Bell, of the League of Women Voters, addressed the Commission with
questions/concerns. She discussed when residents might be removed from the
house.
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October 7, 2010
ITEM NO: 2 (Cont.
FILE NO.: Z-8600
There was a general discussion related to special use permits. In response to a
question from the Commission, staff noted that special use permits are not
transferable and do not run with the land.
Michael Belin also made comments in opposition to the application.
Billy Wayne Tackett also spoke in opposition. He expressed concerns with traffic
and parking along Cloverhill Road. He noted that the property was at the dead-
end street, far from a main roadway.
Paul Harrod, attorney for Mr. Teague, addressed the Commission. He provided
a survey and aerial photo of the property. He noted that the accessory building
at the west end of the home could be removed for parking. He discussed
Mr. Teague's proposed group home use.
Mr. Teague explained that he was a recovering alcoholic and had previously
lived in a group home facility. He explained how group home -type facilities
operate. He noted that there was a shortage of these type facilities.
In response to question from Commissioner Nunnley, Mr. Teague explained how
long a person needed to be sober to live in his facility. He explained that the City
allowed him three (3) trash cans and that would be sufficient. He responded that
he owned the accessory building, that the facility would not be co-ed, and that
the home contained two (2) bathrooms.
In response to questions from Commissioner Harpool, Mr. Teague explained that
he grew up in the neighborhood, and that he would not live in the proposed group
home.
Commissioner Laha expressed concern with parking. Mr. Teague responded
that he would supply parking in compliance with city code.
Commissioner Rector noted that the accessory building at the west end of the
residence was not on Mr. Teague's property. He explained that creating a
parking lot in the rear yard area would make the property more institutional in
nature. He discussed the number of persons living in the residence.
In response to questions from Commissioner Brock, Mr. Teague noted that the
property was owned by an LLC. Mr. Teague also noted that he is board
registered and explained.
Commissioner Devine stated that he supported the idea of sober living facilities,
but noted concerns with parking and explained. Mr. Teague noted that he had
owned the property for four (4) months.
Commissioner Changose asked how long residents would live in the group
home. Mr. Teague stated one (1) year to 18 months on average.
Vice -Chairman Ferstl expressed support for the application and explained.
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October 7, 2010
ITEM NO: 2 Cont. FILE NO.: Z-8600
The issue of parking was discussed further. Mr. Harrod noted that the
application would be amended to allow no more than three (3) vehicles to be
parked on the site. Staff noted that three. (3) spaces was not enough t❑ serve the
proposed use and continued to recommend denial of the application.
There was a motion to approve the application as amended. The motion failed
by a vote of 1 aye, 9 noes and 1 absent. The application was denied.
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