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Z-8627 Staff AnalysisFebruary 24, 2011 ITEM NO.: C FILE NO.: Z-8627 NAME: Steed Group Home — Special Use Permit LOCATION: 2308 S. Summit Street OWNER/APPLICANT: Kelly Steed/Gene Biggs PROPOSAL: A Special Use Permit is requested to allow a Group Home (as revised by the applicant) to be operated in the single-family residence located on the R-4 zoned property at 2308 S. Summit Street. 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 Wright Avenue, Central High and South End Neighborhood Associations were notified of the public hearing. B. Staff Analysis: The R-4 zoned property at 2308 S. Summit Street is occupied by a two- story frame residential structure. A paved alley right-of-way is located along the rear (west) property line. The rear yard is fenced with a six (6) foot high wood fence. A drive -through gate is located at the northwest corner of the property, with a concrete parking pad for two (2) vehicles within the rear yard area. On -street parking is allowed along S. Summit Street. All surrounding properties are zoned R-4 and contain single-family residential structures or are vacant lots. The applicants, Gene Biggs and Kelly Steed (Little Rock Outreach), are requesting a special use permit to allow operation of a group care facility within the residential structure on the R-4 zoned property at 2308 S. Summit Street. The applicants propose the group care facility for up to twelve (12) female residents. The applicants note that an average of four (4) female residents have lived on the site for the past two (2) years. The applicants note that life skill classes will be provided by Little Rock Outreach to the residents. There will be no live-in staff. Staff members will drop by the residence periodically each day to supervise/interact with the residents. The applicants note that one (1) staff member will visit the site two (2) times per day (morning and afternoon) for two (2) hours per visit. February 24, 2011 ITEM NO: C (Cont. FILE NO.: Z-8627 Following is the definition of a group care facility as found in Section 36-3 of the City's Zoning Ordinance: "Group care facility means a facility providing shelter, counseling and other rehabilitative services to more than six (6) but fewer than sixteen (16) residents and not more than three (3) staff or supervisory personnel. The individuals require some level of supervision or care; however, no medical or nursing care shall take place on the site. The facility shall be licensed and/or approved by the State of Arkansas." The applicant notes that the total area of the residential structure is 2,132 square feet. The applicants propose to house the residents in six (6) bedrooms as follows: Bedroom 1 — 183.5 sq. ft. — 2 residents Bedroom 2 — 118.8 sq. ft. — 1 resident Bedroom 3 — 136.49 sq. ft. — 2 residents Bedroom 4 — 123.1 sq. ft. — 1 resident Bedroom 5 — 217.36 sq. ft. — 2 residents Bedroom 6 — 284.24 sq. ft. — 4 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 12 persons is 1,250 square feet. As noted earlier the residential structure contains 2,132 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 for the bedrooms as proposed conforms to this ordinance requirement. 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, 2 February 24, 2011 ITEM NO: FILE NO.: Z-8627 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. (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. M February 24, 2011 ITEM NO: C Cont. FILE NO.: Z-8627 (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. Bus Route #14 (Rosedale Route) runs along S. Schiller Street, one-half block to the west. The applicant submitted a copy of a Bill of Assurance for this neighborhood. The document appears to have been recorded in 1892. It is hand-written and not very legible. It likely addresses no use issues. An area survey conducted by staff revealed that there is one (1) other similar residential living facility within 1,500 feet of this property. The Gyst House is located at 1908/1912 Park Street to the northwest. The Gyst House is a group home facility for twelve (12) residents. In response to a question raised at the Subdivision Committee meeting regarding the parking plan for the site, the applicant provided the following information: "Over the course of the last two years we have not had a parking problem because only 50% of the residents have vehicles at any given time. As there are several vacant homes and lots in the area, we have not disrupted the parking of any of our neighbors. When we have had gatherings etc., we have let the neighbors know and they have been very helpful in allowing us to use the street parking as long as we are mindful of where they park. We also have a parking area in the back of the house and we will be able to double that parking area when we have 12 occupants. We can then have ample parking for staff and residents. We determine who is ready to have and operate an automobile, thereby determining how many vehicles are on the property at any time." Staff does not support the requested Special Use Permit to allow a group care facility at 2308 S. Summit Street. 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 12 residents is too many for a single-family residential setting. Staff feels the number of residents proposed for the group care facility pushes the proposed group care facility into more of an institutional category rather than a family home 0 February 24, 2011 ITEM NO: C Cont. FILE NO.: Z-8627 environment. Staff believes the intent of the ordinance is to allow smaller number of individuals to live together in a single-family home setting. Given the occupancy level proposed for the group care facility 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 care facility is located within a residential area, surrounded entirely by single-family residential properties. Additionally, staff has a concern regarding parking for the proposed facility. Staff does not believe adequate parking exists for a group care facility with 12 residents. C. Subdivision Committee Comments: (DECEMBER 10, 2010) Kelly Steed was present, representing the application. Staff briefly described the proposed group care facility use. Staff noted that some additional information was needed regarding staff visits to the site, parking and area of residence/bedrooms. Staff also noted that an area survey was being conducted to identify other similar living facilities within 1,500 feet of the site. Issues relating to parking and number of bedrooms were briefly discussed. After the discussion, the Committee forwarded the application to the full Commission for final action. D. Staff Recommendation: Staff recommends denial of the requested Special Use Permit to allow a group care facility at 2308 S. Summit Street. PLANNING COMMISSION ACTION: (JANUARY 6, 2011) Gene Biggs and Kelly Steed were present, representing the application. There was one (1) objector present. The applicants requested deferral of the application to the February 24, 2011 Planning Commission Agenda due to the fact that only eight (8) Planning Commissioners were present. The deferral was offered by the Commission and not charged to the applicant. There was a motion to defer the application to the February 24, 2011 Agenda. The motion passed by a vote of 8 ayes, 0 noes, 1 absent and 2 open positions. The application was deferred. �i February 24, 2011 FILE NO.: Z-8627 STAFF UPDATE: The applicant submitted a letter to staff on January 28, 2011 amending the special use permit application. The applicant is amending the application to a "group home" use rather than a "group care facility". The applicant is limiting the residents to eight (8) instead of twelve (12) as originally requested. The applicant notes that all of the residents will be handicapped individuals, and meet the "federal guidelines for handicapped status". The applicant has explained that the residents will be individuals who "suffer from either substance abuse or mental health disease". The individual residents will be referred to the applicant from clinicians or hospitals, with their needs assessed prior to acceptance in the residential program. The proposed bedroom arrangement will remain the same as noted in paragraph B. of the Staff Report, with the exception of Bedroom 6, which will be used for storage only and not a bedroom. Staff is supportive of the application for a group home, as amended by the applicant. Staff views the request as reasonable. The property is zoned R-4, and if the structure were converted to a duplex, eight (8) unrelated persons could occupy the structure by right. Additionally, as noted in Section 36-54(e)(4) of the code (page 3. of the staff report), there shall be a presumption that a special use permit for a group home of 5 to 8 handicapped persons will be granted if all ordinance requirements are met. Staff believes that is the case with the subject property. Utilizing the parking pad in the rear yard area in combination with the on -street parking should be sufficient to serve the proposed group home use. Staff believes the proposed group home use will have no adverse impact on the adjacent properties or the general area. Revised Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a group home use, as revised by the applicant, at 2308 S. Summit Street, subject to the following conditions: 1. A maximum of eight (8) handicapped residents will be allowed. 2. The parking pad in the rear yard area must be utilized for off-street parking. 3. Compliance with all other requirements as found in Section 36-54(e)(4) of the Code. 0 February 24, 2011 ITEM NO: C (Cont. PLANNING COMMISSION ACTION: FILE NO.: Z-8627 (FEBRUARY 24, 2011) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. Staff noted that a letter of opposition had been received from the Wright Avenue Neighborhood Association. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 11 ayes, 0 noes and 0 absent. 7 SUBDIVISION COMMITTEE COMMENTS DECEMBER 9, 2010 ITEM NO.: 2_ STEED GROUP CARE FACILITY SPECIAL USE PERMIT — 2308 S. SUMMIT STREET Z-8627 Planning Staff Comments: 1. The applicants Gene Biggs and Kelly Steed (Little Rock Outreach) are requesting a special use permit to allow operation of a group care facility within the residential structure on the R-4 zoned property at 2308 S. Summit Street. 2. Following is the definition of a group care facility as found in Section 36-3 of the City's Zoning Ordinance: "Group care facility means a facility providing shelter, counseling and other rehabilitative services to more than six (6) but fewer than sixteen (16) residents and not more than three (3) staff or supervisory personnel. The individuals require some level of supervision or care, however, no medical or nursing care shall take place on the site. The facility shall be licensed and/or approved by the State of Arkansas." The R-4 zoned property at 2308 S. Summit Street is occupied by a two-story frame residential structure. A paved alley right-of-way is located along the rear (west) property line. The rear yard is fenced with a six (6) foot high wood fence. A drive -through gate is located at the northwest corner of the property, with a concrete parking pad for two (2) vehicles within the rear yard area. On -street parking is allowed along S. Summit Street. All surrounding properties are zoned R-4 and contain single family residential structures or are vacant lots. The applicants propose the group care facility for up to ten (10) female residents. The applicants note that an average of four (4) female residents have lived on the site for the past two (2) years. The applicants note that life skill classes will be provided by Little Rock Outreach to the residents. There will be no live-in staff. Staff members will drop by the residence periodically each day to supervise/interact with the residents. Provide information as to the frequency of visits. 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. The applicant must supply the total area of the residential structure. 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 applicant must supply information on the total number of bedrooms, the area of each bedroom, and the sleeping accommodations for each bedroom. 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: 1. 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 mot be allowed in such a home. CATA: See staff comment # 12. IT NO.: 2. CON'T Z-8627 Plannin Division: No Comments. Landscape: No Comments. Other: Submit the additional information as requested to staff (in writing) no later than Wednesday, December 15, 2010. ITEM NO.: 2. CON'T Z-8627 (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. (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. 10. Staff is in the process of conducting a survey of the area within one thousand five hundred (1,500) feet of this site to determine if other living facilities exist in the area. 11. The applicant submitted a copy of a Bill of Assurance for this neighborhood. The document appears to have been recorded in 1892. It is hand-written and not very legible. It likely addresses no use issues. 12. The site is not located on a CATA bus route. Bus Route # 14 (Rosedale Route) runs along S. Schiller Street, one-half block to the west, 13. Discuss the parking situation for this proposed group area facility. Will only a certain number of the residents be allowed to have vehicles? Where will the staff members park when reporting to the site? Variance/Waivers: None requested. Public Works: 1. No Comments. Utilities and Fire De apartment/County Plannin : Wastewater: No Comments, Entergy: No Comments. Centerpoint Energy: No Comments. AT&T (SBC): No Comments, Water: No Comments. Fire Department: If the special use permit is approved by the Planning Commission, the Fire Marshall must approve the structure for the proposed group care facility. County Planning: No Comments. CATA: See staff comment # 12, ITEM NO 2. CON'T Z-8627 Planning Division: No Comments. Landscape: No Comments. Other: Submit the additional information as requested to staff (in writing) no later than Wednesday, December 15, 2010.