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HomeMy WebLinkAboutZ-5652-A Staff AnalysisOctober 6, 2016 ITEM Nn.: 1 FILE NO.: Z -5652 - Name: HRA Group Care Facility — Special Use Permit Location: 9219 Sibley Hole Road Owner: Health Resource of Arkansas (Division of Preferred Health Care) Applicant: Robin Raveendran Proposal: A Special Use Permit is requested to allow a group care facility to be operated in the existing structure located on the 0-3 zoned property at 9219 Sibley Hole Road. A. Public Notification: All owners of property located within 200 feet of the site and the Southwest Little Rock United for Progress Neighborhood Association were notified of the public hearing. B. Public Works Issues: No Comments. C. Staff Analysis: 9219 Sibley Hole Road is located on the east side of S. Sibley Hole Road, between Interstate 30 and Baseline Road. The property is occupied by three (3) commercial/office type buildings. Two (2) large buildings are located within the north half of the property, with a smaller structure within the south half of the site. A paved driveway leads from Sibley Hole Road to the existing buildings. Paved parking exists between the buildings. There is on-site parking for over 50 vehicles. The property has been occupied by the Baptist Missionary Association of America. Three (3) single family residences are located on the R-2 zoned property east/north of the subject property, also along the east side of Sibley Hole Road. Light Industrial uses, commercial uses and a church are located on other surrounding properties. The other surrounding zonings include R-2, C-4, PD -C, 1-1, 1-2 and PD -I. The applicant, Robin Raveendran, proposes to utilize the smaller building within the south half of the property as a group care facility. The building October 6, 2016 ITEM NO.: 1 Cont. FILE NO.: Z -5652-A is approximately 5,474 square feet in area. The residential facility will house up to 15 co-ed youth residents between the ages of 13 to 17. The residents will be adolescents with substance -use disorders. The facility will be licensed by State Child Care Licensing. The applicant provider the following information with request to house parents/staff: Staffing patterns will follow all residential child care license requirements and any other relevant regulating authority. There will be a staff/child ratio of at least one staff to nine children during walking hours, and at least one staff to twelve children during sleeping hours. Beyond licensing requirements, the program will follow other standards set by management as best practices (Preferred Family Healthcare) to have three staff in the evenings with at least one with Counselor -in -Training (CIT), a substance abuse license status. Counselors/therapists are expected to rotate evenings and weekends, so there will consistently be a clinical staff member at the site during waking hours. Child caring staff will be responsible for providing level of supervision, care, and treatment necessary to ensure the safety and well-being of each child at the facility, taking into account the child's age, individual differences and abilities, surrounding circumstances, hazards, and risks. The applicant provides the following information regarding specific activities which will take place at this location: Provide a treatment program for adolescents with substance -use disorders. The program is to consist of individual, group and family interventions /therapies related to substance abuse. Performing providers delivering services are to be dually qualified substance abuse counselors and state -licensed mental health professionals. All services will be provided in a residential setting. As noted previously, the site contains parking for over 50 vehicles. The existing parking should be an ample amount to serve the proposed residential use and other buildings on the site. The site is not located on a Rock Region METRO bus route. Section 36-54(e) (4) of the City's Zoning Ordinance provides the following provisions for Group Care Facilities, as adopted by the Board of Directors on September 6, 2005: 2 October 6, 2016 ITEM NO.: 1 (Cont. FILE NO.: Z -5652-A 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 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. 3 October 6, 2016 ITEM NO 1 (Cont.) FILE NO.: Z-56 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 -type residential facilities within 1,500 feet of the property. The applicant notes that there will be eight (8) bedrooms within the residence, with the maximum residents per bedrooms as noted below. The total number of residents within the home will not exceed fifteen (15). • Bedroom (1) 624 square feet — 2 occupants • Bedroom (2) 624 square feet — 2 occupants • Bedroom (3) 624 square feet — 2 occupants • Bedroom (4) 624 square feet — 2 occupants • Bedroom (5) 624 square feet — 2 occupants e Bedroom (6) 624 square feet — 2 occupants • Bedroom (7) 624 square feet — 2 occupants • Bedroom (8) 624 square feet — 1 occupant 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 15 persons is 1,550 square feet. As noted earlier the residential structure contains 5,474 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. All of the proposed bedrooms will conform to this requirement. 12 October 6, 2016 ITEM NO.: 1 (Cont. FILE NO.: Z -5652-A The applicant did not submit a bill of assurance, as the property is not located within a subdivision. 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. The applicant submitted a written Fire Marshal approval, noting no issues. Staff is supportive of the requested special use permit to allow a group care facility at 9219 Sibley Home Road. Staff believes that the property at 9219 Sibley Hole Road is an appropriate site for the proposed transitional -type living facility. The subject property is located within an area of mixed uses and zoning. The majority of the surrounding uses are light industrial and heavy commercial in nature. There are also three (3) single family residences and a church in the immediate area. As noted previously, staff found no other similar living facilities within 1,500 feet of the site. The building proposed for residential occupancy is located within a landscaped, campus -type area. Wooded property surrounds the 0-3 zoned property at 9219 Sibley Hole Road. Staff believes that a group care facility for 15 residents at this location will have no adverse impact on the adjacent properties or the general area. D. Subdivision Committee Comment: (September 14, 2016) Robin Raveendren was present, representing the application. Staff briefly described the proposed group care facility use. Staff noted that additional information was needed related to the area of the structure and bedroom occupancy. The issue of parking was briefly discussed. Staff voted that ample parking existed on the site. Mr. Raveendren noted that the Fire Marshal had inspected the site and that he would provide a report to staff. After the brief discussion, the Committee forwarded the application to the full Commission for final action. E. Staff Recommendation: Staff recommends approval of the requested Special Use Permit to allow a group care facility at 9219 Sibley Hole, subject to compliance with the provisions of Section 36-54(e) (4) of the City's Zoning Ordinance. 5 October 6, 2016 ITEM NO.: 1 Cont. FILE NO.: Z -5652-A PLANNING COMMISSION ACTION: (OCTOBER 6, 2016) Staff informed the Commission that the required notices to surrounding property owners was mailed five (5) days late. Staff explained that the applicant obtained signatures from all but one (1) of the surrounding property owners, noting that they had received notice. The one (1) other property owner signed for the certified notice on September 28, 2016. Staff noted that the Commission needed to waive their bylaws if they wished to proceed with the application. Staff noted no objection to a bylaw waiver. Kathleen Oleson addressed the Commission, noting that notice was important, but that she did not object to a bylaw waiver. There was a motion to waive the bylaws and accept the applicant's notice to surrounding property owners as completed. The vote was 10 ayes, 0 nays, 0 absent and 1 open position. The bylaws were waived. Staff presented the staff recommendation of approval for the requested special use permit application. There was a motion to approve the application as recommended by staff. The motion passed by a vote of 10 ayes, 0 nays, 0 absent and 1 open position. The application was approved.