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HomeMy WebLinkAboutZ-9739 PC Action Letter 021523February 9, 2023 ITEM NO.: B FILE NO.: Z-9739 NAME: Love Family Care Facility – Special Use Permit LOCATION: 5918 Drexel Avenue DEVELOPER: Veronica Love 5918 Drexel Avenue Little Rock, AR 72209 OWNER/AUTHORIZED AGENT: Veronica Love – Owner AREA: 0.28 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 2 PLANNING DISTRICT: 14 CENSUS TRACT: 41.08 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: A Special Use Permit is requested to allow a home healthcare facility to be operated in a single-family residence located at an R-2 zoned property. B. EXISTING CONDITIONS: The property contains a 1,416 square foot, one-story brick structure at the corner of Drexel Avenue and Geyer Springs Road. The residence has a rear yard which is fenced, and a drainage easement running along the backside of the property. C. NEIGHBORHOOD NOTIFICATIONS: All owners of 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. February 9, 2023 ITEM NO.: B (Cont.) FILE NO.: Z-9739 2 D. ENGINEERING COMMENTS: No comments. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments received. Entergy: No comments received. Summit Utility: No comments. AT & T: No comments received. Central Arkansas Water: No Objections. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Fire Department: No comments. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: No comments. H. ANALYSIS: The applicant is requesting a Special Use Permit to allow a home healthcare facility to be operated in a single-family residence located at an R-2 zoned property located at 5918 Drexel Avenue. The property contains a 1,416 square foot, one-story brick structure at the corner of Drexel Avenue and Geyer Springs Road. The residence has a rear yard which is fenced, and a drainage easement running along the backside of the property. February 9, 2023 ITEM NO.: B (Cont.) FILE NO.: Z-9739 3 The proposed home healthcare facility will have a maximum of six (6) clients at any given time. The applicant proposes to have a caregiver onsite 24 hours per day, 7 days per week. The level of care needed per each resident will determine how many schedules (units) or hours of care will take place at the residence. There will also be an administrator and or registered nurse on call. Their staffing will be administered by Home Health Care of Arkansas, who has over 35 caregivers employed in the area. According to the applicant, there will always be a caregiver onsite. Some employees will be responsible for cleaning, cooking, and laundry duties, while other will be assigned to do direct personal care for the clients. The residence has three bedrooms and two full bathrooms for use by the clients. The applicant states that each room will house two people and is spacious enough for two twin beds and all their belongings. Including the garage, there are six available parking spaces. Additionally, the applicant states the rear yard could be paved and used for parking if needed. No signage beyond that allowed in single family zones will be permitted. Section 36-3 of the City’s Zoning Ordinance defines a Family Care Facility as a facility which provides resident services in a family-like environment to six (6) or fewer individuals and not more than two (2) staff personnel. These individuals require a minimal level of supervision and are provided service and supervision in accordance with their individual needs. According to Section 36-54(e)(2), the site and location criteria for Family Care Facility are as follows: a. This use may be located only in a single-family dwelling. b. Medical or counseling needs must be provided off-site. 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 ordinance for a single- family residence. e. The number and spacing of existing similar facilities in the neighborhood. f. Existing zoning and land use patterns. g. Area-wide availability of facilities providing like services. h. Provision for readily accessible public or quasi-public transportation. i. The fire marshal must approve use of the residence for the proposed family care facility. February 9, 2023 ITEM NO.: B (Cont.) FILE NO.: Z-9739 4 Section 36-54 (e)(4) a. states the following: 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. Staff feels that the proposed family care facility is too intense for the residential setting and will have an adverse impact on the general area. To staff’s knowledge, there are no similar types of family care facilities / living facilities within 1,500 feet of the subject property. I. STAFF RECOMMENDATION: Staff recommends denial of the Special Use Permit to allow a family care family home at 5918 Drexel Avenue. PLANNING COMMISSION ACTION: (DECEMBER 8, 2022) The applicant was not present. There were no persons present registered in opposition. Staff informed the Commission that the applicant failed to send the required notices to surrounding property owners as required. Therefore, staff recommended the application be deferred to the January 12, 2023 agenda. There was no further discussion. The item remained on the consent agenda and was deferred as recommended by staff. The vote was 7 ayes, 0 nays, 3 absent and 1 open position. PLANNING COMMISSION ACTION: (JANUARY 12, 2023) The applicant was not present. There were no persons present registered in opposition. Staff informed the Commission that the applicant failed to send the required notices to surrounding property owners as required. Therefore, staff recommended the application be deferred to the February 9, 2023 agenda. There was no further discussion. The item remained on the consent agenda and was deferred as recommended by staff. The vote was 10 ayes, 0 nays, 0 absent and 1 open position. February 9, 2023 ITEM NO.: B (Cont.) FILE NO.: Z-9739 5 PLANNING COMMISSION ACTION: (FEBRUARY 9, 2023) Staff informed the Commission that the applicant requested the application be withdrawn. Staff supported the withdrawal request. The item was placed on the Consent Agenda for withdrawal. The vote was 10 ayes, 0 nays and 1 absent. The application was withdrawn.