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HomeMy WebLinkAboutZ-5396 Staff AnalysisMarch 10, 1992 ITEM NO.: 9 OTHER MATTERS ISSUE: Planning Commission review of a previously approved Special Use Permit for 4005 West 13th Street. STAFF REPORT: In February of 1991, a special use permit was approved by the Planning Commission for Hoover United Methodist Church to operate a facility for six unrelated females at 4005 West 13th. (The Planning Commission's action was appealed to the Board of Directors and the Board upheld the Planning Commission's decision.) Several conditions were attached to the approval, including a written survey of the property owners and a review of the permit by the Planning Commission in 1992. The primary purpose of the hearing and the survey is to allow the neighborhood to make public any concerns or problems created by the facility at 4005 West 13th. As of this writing, staff has not received any calls complaining about the use and none of the surveys have been returned. The Planning Commission will need to consider all input in deciding whether or not to extend the special use permit for 4005 West 13th. Approximately 40 surveys (35 notices) were mailed to property owners within 200 feet and neighborhood contacts. More surveys than notices were sent because a property owner contacted the Planning office and requested additional copies for neighbors that had not received a survey for one reason or another. PLANNING COMMISSION ACTION: (MARCH 10, 1992) Rev. William H. Robinson was present. There were no objectors. Rev. Robinson said there have been no problems or complaints about the facility. A motion was made to extend the Special Use Permit indefinitely. The motion was approved by a vote of 11 ayes, 0 nays and 0 absent. (In the future, the Planning Commission will only review the permit if a complaint is made.) 1 February 26, 1991 Item No. B - Z-5396 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Department of Housing and Urban Development William H. Robinson, Jr. 4005 West 13th Street To grant a Special Use Permit (Zoned 11R-411) Family care facility 0.14 acres Single Family (vacant) SURROUNDING LAND USE AND ZONING: North - Church, zoned 11R-3" South - Single Family, zoned 11R-3" East - Single Family, zoned 11R-3" West - Single Family, zoned 11R-3" STAFF ANALYSIS• The requested action is to grant a Special Use Permit for a family care facility to provide a shelter for homeless women recovering from drug and alcohol addiction. The zoning ordinance's definition of a family care facility is: A facility which provides residence service in a private residence to six or fewer individuals, who are not related to the resident household. These individuals are handicapped, aged, disabled, or in need of adult supervision, and are provided service and supervision in accordance with their individual needs. Such facility shall receive a special use permit for location with 1IR-1111 "R-2111, Single family districts, and 11R-4" for two family districts. It is the Staff's opinion that the proposed use falls under the ordinance definition for a family care facility. The location is a typical residential lot, and is zoned 11R- 411. Hoover United Methodist Church, located directly across West 13th Street, will operate the shelter. The property is currently owned by HUD. However, the church is in the process of purchasing the lot from HUD. The shelter will 01 February 26, 1991 Item No. B - Z-5396 Cont. utilize the existing residence, and church members will occupy the house and provide the necessary supervision. Other uses found in the neighborhood include single family, multi -family, commercial, another church and public. Zoning is 1IR-3111, "R-41111 "C-311, and 11I-211, with the lot abutting "R- 3" properties. "C-3" rezoning is located two blocks to the west and less than 100 feet to the east. Staff's position is that the proposed use is compatible with the neighborhood and supports the Special Use Permit. By restricting the facility to six or fewer individuals, the use should not have an impact on the adjacent lots. Also, the lot is located in somewhat: of a transitional area and in close proximity to several nonresidential uses. Parking in older neighborhoods can sometimes be a nuisance. To insure that the shelter does not create a parking problem, Staff is recommending that two off-street parking spaces be provided and that the spaces be accessed from the alley. ENGINEERING COMMENTS: None reported. STAFF RECOMMENDATION: Staff recommends that the Special Use Permit for 4005 West 13th Street be granted, subject to providing the two off- street parking spaces. Also, medical or counseling needs must be provided off-site. PLANNING COMMISSION ACTION: (January 15, 1991) Staff informed the Commission that the issue needed to be deferred because of a notice deficiency. A motion was made to defer the Special Use Permit Request to the February 26, 1991 hearing. The motion passed by a vote of 8 ayes, 0 nays, and 3 absent. PLANNING COMMISSION ACTION: (February 26, 1991) The applicant was not present at the beginning of the meeting. There was some discussion about the Special Use Permit and the staff's recommendation. One objector, Dorothy Morgan, was in attendance. Ms. Morgan said she was representing the Oak Forest Neighborhood 2 February 26, 1991 - Z-5396 (Cont. Association and the residents were opposed to the use. She went on to say that the proposed facility was not good for the neighborhood and the use would create too many problems for the area's residents. Ms. Morgan made some additional comments and said that she lived approximately eight blocks from the site. A motion was made to deny this Special Use Permit. After some discussion, the motion was withdrawn. A second motion was then made to defer the item to the March 26, 1991, hearing. The motion passed by a vote of 8 ayes, 0 nays, 3 absent. Towards the end of the hearing, Staff informed the Commission that the applicant had arrived. Stephen Giles, Assistant City Attorney, told the Commission that the item could be placed back on the agenda by a motion. The issue was discussed and a motion was made to put the Special Use Permit request for 4005 West 13th on the agenda. The motion passed by a unanimous vote of the members present. Reverend William Robinson, the applicant, addressed the Commission, and said that there was a need for this type of drug facility. Rev. Robinson said the neighborhood needed to help solve the drug problem. He pointed out that he has lived in the Oak Forest Neighborhood for over 20 years and was very concerned with what was happening in the area. Rev. Robinson said that the program operated 24 hours a day, 7 days a week, and it was a worthwhile project. He went on to say that there would be a hired staff and the clients would not be referred to the facility. Rev. Robinson said that the church has a lease arrangement with an option to purchase with HUD. He told the Commission that the use was not a treatment facility and there were four persons currently in residence. Rev. Robinson said that the main goal of the program was to provide support to the clients and their efforts to stay clean. It was also part of a new initiative in the church to deal with the drug problem. Rev. Robinson said that the staff was trained and then answered some questions. He concluded by saying that he was not concerned with the other Special Use Permit request on West 14th. Dorothy Morgan spoke again and said that the Oak Forest Neighborhood was still opposed to the use. She then asked what would happen to the neighborhood if it became a center for treatment facilities. Ms. Morgan said that she has lived in the Oak Forest area for 23 years, and the residents were just trying to survive and help each other. She told the Commission that nobody in the neighborhood was aware that the residence at 4005 West 13th was currently in use. 3 February 26, 1991 Item No. B --Z-5396 Cont. Tom Dalton, City Manager, addressed the Commission as the Chairman of the Fighting Back Task Force. Mr. Dalton said Fighting Back was a two-year program and a key component was to work with neighborhoods to address the abuse problem. He also said that the Special Use Permit before the Commission was part of the local initiative that the City was trying to encourage. Mr. Dalton said that the clients, six adult women, would be from the neighborhood and the facility utilizes a vacant HUD house. Mr. Dalton closed his presentation by saying the request did not present any zoning issues or questions. There were some comments made by several Commissioners and other individuals. Rev. Robinson said that the clients would from throughout the City and he was willing to work with Ms. Morgan. A motion was made to grant the Special Use Permit for 4005 West 13th Street, conditioned on providing two off-street parking spaces and that the permit run with the church's use of the facility and not the land. The motion was approved by a vote of 6 ayes, 1 nay, and 4 absent. 4