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HomeMy WebLinkAboutZ-5420 Staff AnalysisJanuary 28, 1992 ITEM NO.: 7 OTHER MATTERS ISSUE: Planning Commission review of an approved Special Use Permit for 4000 West 14th Street. STAFF --REPORT: In March of 1991, a Special Use Permit was approved for Stepping Stone to operate a home for unrelated individuals at 4000 West 14th Street. At the time of the approval, Stepping Stone voluntarily attached several conditions to the Special Use Permit, including review of the permit by the Planning Commission in January 1992. The primary purpose for this hearing is to allow the neighborhood to make public any concerns of problems created by the facility at 4000 West 14th. To this point, staff has not received any calls complaining about the use. The Planning Commission will need to consider all input in deciding whether or not to renew the Special Use Permit for 4000 West 14th Street. (A total of 35 notices of the hearing were mailed to property owners within 200 feet and neighborhood contacts.) PLANNING COMMISSION ACTION: (JANUARY 28, 1992) Staff reviewed the issue and recommend that the Special Use Permit for 4000 West 14th be extended for an indefinite period of time and to be reviewed only if a complaint is received. There were no objectors present and very little discussion took place. Representatives of Stepping Stone were in attendance. A motion was made to extend the Special Use Permit for 4000 West 14th Street indefinitely. The motion was approved by a vote of 10 ayes, 0 nays, and 1 absent. 1 March 26, 1991 D Z-5420 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Martha & Page Daniel Daphni Price (Stepping Stone) 4000 West 14th To grant a Special Use Permit Family care facility 0.27 acres Single-family SURROUNDING LAND USE AND ZONING: North - Single-family, zoned R-3 and R-4 South - Single-family, zoned R-3 East - Vacant residence, zoned R-3 West - Duplex, zoned R-4 STAFF ANALYSIS: The issue before the Planning Commission is to review and grant a Special Use Permit for a family care facility. The home will be operated by Stepping Stone Youth Services, a division of the Centers for Youth and Families. The proposed use is referred to as a "transitional living program." The family care facility is defined as: A facility which provides resident 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 facilities shall receive a Special Use Permit for location within R-1, R-2 and R-3 single-family districts and R-4 two-family districts. The zoning ordinance also has a list of development criteria for a family care facility: a) This use may be located in the single-family dwelling b) Medical or counseling needs must be provided Off-site 1 March 26, 1991 Item No. D Z-5420 Cont. c) No physical changes in the residence are permitted which would provide other than sleeping accommodations. d) Drives and parking shall not exceed that required by an ordinance for single-family residence e) This use shall be permitted to run with the title to the land and be transferrable However, the title holder must occupy the residence as its principle residence The site is two residential lots and occupied by a large single-family residence. The location of the property is the northwest corner of West 14th and Cedar which is directly south of the Special Use Permit request on West 13th Street (Item B on this agenda, Z-5396). Zoning districts found in the area are R-3, R-4, R-5, 0-3, C-3, and I-2. 4000 West 14th is surrounded by residential zoning, either R-3 or R-4. Land Use in the immediate neighborhood is mixed residential, commercial, several churches, and office space for the Little Rock School District (Robert E. Lee School). There are also a number of vacant buildings in the neighborhood and some undeveloped lots. On the block directly to the west, Staff counted at least 4 or 5 vacant residences. Stepping Stone has provided the following description of the program: The residence of 4000 West 14th Street in Little Rock, Arkansas, will be used to house up to six residents between the ages of 17 and 21. The purpose of the program is to teach independent living skills to homeless young people. The goal of this educational program is to teach clients to live self -sufficiently in a safe, healthy environment. The young adul}s admitted to Transitional Living will be thoroughly evaluated psychologically to ensure their stability and appropriateness for the program. There will be adult supervision day and night. As you can deduce, this residence will be well supervised and the clients well evaluated which should alleviate any discomfort felt by the neighbors. In accordance with the zoning limitations, no actual counseling or healthcare will take place on this property. One aspect of this proposal that is somewhat unique is that the Centers for Youth and Families will be leasing the property and have no plans to purchase it. The development March 26, 1991 Item No. D Z-542 Cont. criteria states that the title holder must occupy the residence as his or her principle residence. It appears that this provision of the criteria can be varied from and the City Attorney's office is looking into the matter. (The owners of 4000 West 14th live within one block of the site and are very supportive of the proposal). The primary function of the lot will be to provide a residence for several unrelated individuals within a structured living environment. In some instances, no City review or action would be required for similar situations because of the zoning ordinance's definition of family. The ordinance provides for the customary definition of a family but it also defines two other groups as a family. 1) A group of not more than four persons who are not related by blood, marriage, or adoption, living together as a common household in a dwelling unit; or 2) A group of not more than eight unrelated mentally retarded or physically handicapped persons which may include two additional persons acting a houseparents or guardians, who need not be related to each other or to any of the mentally retarded or physically handicapped persons in the group. As with the Special Use Permit request on West 13th, Staff feels that the proposed facility is reasonable use of the lot and should not have a disruptive influence on the neighborhood. Individuals will be well supervised, and it will put to use a residence in a neighborhood that is experiencing some decline. There is a potential issue raised by this proposal and that is the concentration of similar uses in a small geographical setting. In older neighborhoods, the close grouping of certain residential units could have an adverse impact on the area. This is due to older neighborhoods having a disproportionate amount of housing units that can accommodate large groups of individuals living together and the fragile nature of certain neighborhoods. With this request and the one on West 13th, Staff still feels comfortable with supporting both Special Use Permits. It is our position that the zoning ordinance places enough restrictions on a family care facility that two of them in one block should not create any problems for the neighborhood. However, to avoid the potential of certain areas being saturated with similar facilities/uses, some consideration should be given to including spacing 3 March 26, 1991 Item No. D Z-5420 Cant. requirements in the zoning ordinance. A possible placement for a locational provision could be in the development criteria. ENGINEERING COMMENTS: None reported. STAFF RECOMMENDATIo1N ; Staff recommends approval of the Special Use Permit for 4000 West 14th Street conditioned on providing two off-street parking spaces. PLANNING COMMISSION ACTION (February 26, 1991) The applicant Daphni Price, was present. There was one objector in attendance. Ms. Price said she was representing Stepping Stone and proceeded to describe the program in some detail. She said that the clients would be homeless, at - risk youth, and they would be taught skills to live independently. Ms. Price went on to say that the length of stay would be from one to one and a half years, and that the individuals would have an average IQ or higher and would be carefully screened. She said that the clients would be in school or at a job during the day and that the program would serve individuals between the ages of 17 and 21. There were some questions about supervision, and Ms. Price responded by saying that there was a possibility that a Staff member would not be present every hour of the day. She told the Commission that funding would be provided through the Homeless and Runaway youth Act. Ms. Price discussed the neighborhood, safety and possible gang activity. She said that the .location was desirable because of a bus line being one block away and that clients would not have cars. Ms. Price indicated that she did not have any concerns with the Special Use Permit request for 4005 West 13th Street. Dorothy Morgan spoke and said that the Oak Forest Neighborhood Association was opposed the Special Use Permit, Ms. Morgan said that problems already existed and the neighborhood did not need additional ones. She told the Commission that youth between the ages of 17 and 21 needed supervision and it should be provided 24 hours a day. Ms. Morgan expressed concerns with the potential lack of supervision and the concept of a group living environment. She also indicated that six young adults and several friends could create some undesirable situations. Ms. Morgan said that the residents were trying to clean up the neighborhood 4 March 26, 1991 Item No. ❑ Z-5420 Cont. that the residents were trying to clean up the neighborhood and she asked the Commission not to add more people with problems. Comments were then offered by several individuals. Commissioner Jerilyn Nicholson discussed other group living arrangements and said that the individuals did not identify with the neighborhoods the programs were located,in. Daphni Price spoke and responded to the comments made about the clients and friends. Ms. Price said that the facility would only allow certain nights for friends and place limits on the number of visitors each client could have. She also said that the visiting nights would be well supervised. Dorothy Morgan said that there was a problem with young people hanging out and that was why certain hours were a concern when there would be no supervision. She also stated that the neighborhood did not want another problem to have to correct. Ms. Morgan concluded by saying that the neighborhood was just fighting for what was right and to avoid more problems. A motion was made to grant the Special Use Permit for 4000 West 14th Street through December 31, 1991, and to review the permit at the beginning of 1992. The vote was 5 ayes, 3 nays, and 3 absent. The item was deferred to the March 26, 1991, meeting because of failing to receive six votes. PLANNING COMMISSION ACTION (March 26, 1991) The applicant was represented by Guy Baltz, Director of Youth Services for the Centers for Youth and Families. Mr. Baltz indicated that Stepping Stone was a Division of the Centers for Youth and Families. There was one objector in attendance. Guy Salta addressed the Commission and said that the proposed facility would provide a needed service for the community. Mr. Baltz said that he had spoken to Dorothy Morgan and discussed the neighborhood's concerns. He told the Commission that the residence would not house a drug abuse program and Stepping Stone would not permit persons with drug or alcohol abuse problems, anyone convicted for felonies and under the jurisdiction of courts, or anyone with behavioral problems. Mr. Baltz said the program would try to accept motivated young adults that wanted to better themselves. He said an adult would reside in the house and there would be only six youth living in the facility. Mr. Baltz pointed out that the Centers for Youth and Families 5 March 26, 1991 Item No. D Z-5420 Cont.. has a long history and a good track record in proper supervision and management. Mr. Baltz then offered to attach three conditions to the Special Use Permit and they were: (1) the approval was for the remainder of 1991 and would be reviewed in January, 1992; (2) problem individuals would not be admitted to the program; and (3) Stepping Stone would provide Staff telephone numbers and respond to any concerns or problems being experienced by the neighborhood within 24 hours. Mr. Baltz said there was some support from the neighborhood and presented signed statements from 25 individuals residing within one block to one mile of 4000 West 14th Street. He then told the Commission that the location was in the Stephens School Neighborhood and Foster Strong, the Chairman of the CDBG Stephens School Committee, had no objections to the Special Use Permit. Mr. Baltz also discussed the issue of supervision and said the type of individual Stepping Stone was looking for should not require a lot of supervision. He went on to say that the clients would be carefully screened and monitored. Page Daniel, the property owner, spoke and said that 4000 West 14th was a double lot with proper setbacks and ample yard areas. Mr. Daniel said the area was undergoing change and his family has lived in the neighborhood for 17 years. He told the Commission that the lease with Stepping Stone could be broken if there were problems, and the program would be an asset to the neighborhood. Thomas McDonald, 1424 South Cedar spoke in support of the Special Use Permit. Mr. McDonald said that he and his wife moved to the neighborhood in 1990 and had made a home there. He said that they have a comfortable feeling and have good neighbors. Mr. McDonald concluded by saying the Stepping Stone facility would be a positive addition to the neighborhood. Dorothy Morgan, representing the Oak Forest Neighborhood Association, spoke in opposition to the request. Ms. Morgan said the Association met two times and the residents were still against the facility. Ms. Morgan indicated there would be similar operations on West 12th, West 13th, and West 14th, and that was too close together. She said too many institutional type uses would impact the area and the residents were trying to clean up the neighborhood. Ms. Morgan said that there were problem locations throughout the neighborhood and that residents would suffer if the program failed. Comments were offered by several Commissioners about oversaturating the neighborhood with similar uses. It was suggested that the City needs to look at locational and 1.1 March 26, 1991 Item No. D Z-5420 Cont. spacing requirements. Ms. Morgan offered 10 blocks as the appropriate distance for separation. There was some additional discussion about various issues. Ms. Morgan commented that Hoover United Methodist Church was operating a half -way house across the street. A motion was made to approve the Special Use Permit for 4000 West 14th with the conditions as submitted by the Centers for Youth and Families. The conditions: 1. The Centers for Youth and Families agree for this Special Permit to be temporary. It will cover the remainder of 1991 and come up for review before the Planning Commission in January, 1992. At that time, if there is any history of problems or objections by the neighborhood residents, these can be made public and considered in deciding for renewal or not. 2. Centers for Youth and Families will not admit to the residence any young person with drug or alcohol problems, anyone convicted for felonies and under the jurisdiction of courts or parole boards, or anyone with problems of violence or disturbing behavior. If these problems should develop after moving in, that individual will immediately be asked to move from the premises. 3. Two telephone numbers are provided which can be reached 24 hours a day: 666-9066, Stepping Stone Youth Services; 663-8355, Transitional Living Program. Guy Baltz, Director of Youth Services, or Daphni Price, Director of Transitional Living Program, will respond with personal contact within 24 hours to address any concerns or problems experienced by neighborhood residents. The motion was approved by a vote of 6 ayes, 1 nay, 3 absent, and 1 abstention (Rose Collins). A second motion was made directing the Staff to look into spacing requirements for certain quasi -institutional and group home uses. The motion passed unanimously. 7