Loading...
HomeMy WebLinkAboutPC Action Letter Denied as Submitted 040821April 8, 2021 ITEM NO.: B FILE NO.: Z-9564 NAME: House of Three Family Care Facility – Special Use Permit LOCATION: 8900 Shiloh Drive DEVELOPER: Clara Renia White 6475 Pierce Manse Loop Benton, AR 72015 OWNER/AUTHORIZED AGENT: Clara Renia White 6475 Pierce Manse Loop Benton, AR 72015 AREA: 0.24 acres 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 proposes to utilize the existing 1,584 square foot single family residence at 8900 Shiloh Drive as a family care facility for up to six (6) residents over the age of 60. B. EXISTING CONDITIONS: The property is occupied by a one-story brick and frame single family residence. The property is located on the north side of Shiloh Drive at Bull Run Drive. A two-car wide driveway from Shiloh Drive is located at the southeast corner of the property. C. NEIGHBORHOOD COMMENTS: All owners of abutting 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. April 8, 2021 ITEM NO.: B (Cont.) FILE NO.: Z-9564 2 D. ENGINEERING COMMENTS: No Comments. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer Available to this Site. Entergy: No comments received. CenterPoint Energy: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: No comments at this time. Parks and Recreation: No comments received. County Planning: No comments received. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments. Planning Division: No comments. H. ANALYSIS: The applicant, Clara Renia White, proposes to occupy the single family residence at 8900 Shiloh Drive as a family care facility (House of Three/Dignity Assisted Care). The applicant notes that the facility “will serve as an alternate to a nursing home” and will provide care for no more than six (6) residents over the age of 60, staffed with two (2) trained caregivers. Ms. White notes the following with respect to the proposed family care facility: “We specialize in caring for the elderly that suffer from memory loss, chronic diseases and those needing physical help with activities of daily living. As the home owner and care giver, this is not my primary April 8, 2021 ITEM NO.: B (Cont.) FILE NO.: Z-9564 3 resident. Residential home care and supervised services will be provide 24 hours a day, 7 days a week.” The applicant also provided the following information with respect to the proposed family care facility: “1. Business Summary: Dignity Assisted Care, LLC. A residential home care which will provide care for (3) no more than (6) residents over the age 60 at any given time. We specialize with those that suffer from memory loss diseases or need physical help to provide activities of daily living. 2. Objectives: The proposed use is defined as a Family Care Facility home equipped to meet the needs of elders during their advanced years. It’s an innovative alternative to traditional “nursing home”, assisted living & home based care for the elderly. We are the family friendly solution to long term care. 3. Background & Rationale: This business is designed for families seeking personalized senior living for their loved one. As business owner I will not reside at this residence its staffed with only (2) caregivers at any given time”. The existing two-car wide driveway on the property will allow for the parking of four (4) vehicles. The applicant notes that the parking will be for caregivers and visitors. The applicant also notes that the residents will not have vehicles. The site is not located on a Rock Region Metro bus route. Bus Route #22 (University Avenue/Mabelvale Route) runs along Mabelvale Cut-off to the northwest. The applicant provide a Bill of Assurance for the Shiloh Subdivision which was recorded in 1976. The Bill of Assurance notes the following: “Lots in this subdivision shall be used for residential purposes only.” Section 36-54(e)(4) of the City's Zoning Ordinance provides the following provisions for Group Home Facilities, 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. April 8, 2021 ITEM NO.: B (Cont.) FILE NO.: Z-9564 4 (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. 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 residential facilities within 1,500 feet of the property. April 8, 2021 ITEM NO.: B (Cont.) FILE NO.: Z-9564 5 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 6 persons is 650 square feet. As noted earlier the residential structure contains 1,584 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 applicant is proposing the following bedroom occupancy: Bedroom 1 – 140 sq. ft. – 2 occupants Bedroom 2 – 130 sq. ft. – 2 occupants Bedroom 3 – 195 sq. ft. – 2 occupants The occupancy as proposed conforms to Sections 8-406 (a) and (b) of the Code. Staff does not support the requested special use permit to allow a family care facility at 8900 Shiloh Drive. Although staff’s survey revealed no other residential living facilities within 1,500 feet of the site, and the proposed occupancy will conform with Section 8-406 of the Code, staff feels that the proposed family care facility is too institutional in nature for this existing single family residential site. Staff believes that a nursing home-type facility with up to six (6) residents, two (2) around the clock staff (including overlap in shift change times), and the potential for visitors for the six (6) residents is too intense for this single family subdivision. Staff believes the applicant should seek a residential location fronting a more major roadway, possibly along the perimeter of a single family subdivision. I. STAFF RECOMMENDATION: Staff recommends denial of the requested special use permit to allow a family care facility. PLANNING COMMISSION ACTION: (MARCH 11, 2021) The applicant was not present. There were no persons registered in attendance. Staff informed the Commission that the applicant failed to send required notifications to surrounding property owners. Therefore, staff recommended the application be deferred to the April 8, 2021 Planning Commission Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred as recommended by staff. The vote was 11 ayes, 0 nays and 0 absent. April 8, 2021 ITEM NO.: B (Cont.) FILE NO.: Z-9564 6 PLANNING COMMISSION ACTION: (APRIL 8, 2021) The applicant was present representing the application. There were no persons registered in support and one (1) person registered in opposition. Staff presented the item and a recommendation of denial as outlined in the “staff recommendation” above. The applicant deferred to the registered opposition. Cynthia Campbell of the Shiloh Community addressed the Commission in opposition to the application. Ms. Campbell presented a petition from the neighbors in opposition to the proposed development. She expressed concerns for the property values, traffic flow, and parking issues. Clara White addressed the Commission in support of the application. As longtime registered nurse with vast experience with Dementia and Alzheimer patients, she cared for her mother and other ill relatives for seventeen (17) years at the property with no adverse effects on the neighborhood as mentioned by Ms. Campbell. Mrs. White stated that her objective is to care for the elderly patients with these diseases in a home environment. This required an approval of the zoning to meet other state and federal requirements. The Commission requested an explanation for the Staff’s recommendation of denial based on the requirements outlined in the ordinance for special use permits. Director Collins reviewed the development criteria for Section 36-54 (Special Use Permits) to include definitions of Family Care Facility, Group Care Facility and Group Homes. The Commission asked whether a condition could be placed on the application to review after a certain period and a possible deferment to allow the applicant to submit such conditions to the staff. City Attorney Shawn Overton expressed his concerns with both the offer of conditions and a suggestion of deferral since neither were offered by or agreed to by the applicant. Mrs. White declined to extend any conditions or accept a deferral due to the timeline of the proposed family care facility’s state and federal requirements. She expressed her frustrations with the application process and asked for the Commission to vote on the application. There was a motion to approve the application excluding the staff’s recommendation for denial. The motion was seconded. The vote was 5 ayes, 5 nays, 0 absent, and 1 open position. The application was denied.