HomeMy WebLinkAboutPC Action Letter - Minutes - Denied Your Request As SubmittedDepartment of Planning and Development Planning
r 723 West Markham Street Development
Little Rock, Arkansas 72201-1334
Phone: (501 )3714790 Fax: (501)399-3435 Building Codes
May 17, 2023
Verna F. Perry
Arkansas Quality Therapy
1410 West Daisy Gatson Bates Drive
Little Rock, AR 72202
Re: File No. Z-9777
Arkansas Quality Therapy - Group Care Facility - Special Use Permit
Dear Ms. Perry:
This is to advise you that in connection with your request concerning the above
referenced file number the following action was taken by the Planning Commission at
its meeting on May 11, 2023:
Approved with conditions.
Recommended approval with conditions.
Recommended approval as submitted.
X Denied your request as submitted.
Deferred to the
Other:
Meeting.
If you have any questions please do not hesitate to contact me at 371-4792.
Respectfully,
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Monte Moore
Development Administrator
May 11, 2023
ITEM NO.: 8 FILE NO.: Z-9777
NAME: Arkansas Quality Therapy - Group Care Facility — Special Use Permit
LOCATION: 3209 Ludwig Street
DEVELOPER:
Tolbert Investments, LLC (Owner)
3209 Ludwig Street
Little Rock, AR 72204
OWNERIAUTHORIZED AGENT:
Quality Therapy (Agent)
1410 W Daisy L. Gatson-Bates Drive
Little Rock, AR 72202
SURVEYOR/ENGINEER:
N/A
AREA: 0.15 acre
WARD: 6
CURRENT ZONING:
VARIANCE/WAIVERS:
NUMBER OF LOTS: 1
PLANNING DISTRICT: 10
R-3 (CUP)
None requested.
A. ROPOSAL/REQUESTIAPPLICANT'S STATEMENT:
FT. NEW STREET: 0 LF
CENSUS TRACT: 24.08
The applicant is requesting a Special Use Permit to allow for a group care facility
to be operated in the existing duplex. The proposed group care facility will have a
maximum of nine (9) residents and three (3) full-time staff.
B. EXISTING CONDITIONS:
The site contains a 2,244 square foot, one-story, two-family residence. A shared
access drive extends from W 32nd Street which provides rear access to several
existing duplex structures with frontage along Ludwig Street. R-3 zoning and uses
are contained west of the site. A mixture of zoning and uses are contained to the
north, south and east of the site. The proposed group care facility is located within
May 11, 2023
ITEM NO.: 8 (Cont) FILE NO.: Z-9777
the John Barrow Road Overlay District.
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.
D. ENGINEERING COMMENTS: No comments
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authorit : No comments.
Enteray: No comments
Summit Utilities: No comments.
AT & T: No comments received.
Central Arkansas Water:
1. NO OBJECTIONS; All Central Arkansas Water requirements in effect at the
time of request for water service must be met.
Fire Department:
Commercial and Industrial Developments — 2 means of access. - Maintain fire
apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention
Code Vol. 1
Section D104.1 Buildings exceeding three stories or 30 feet in height. Building
or facilities exceeding 30 feet or three stories in height shall have at least two
means of fire apparatus access for each structure.
Section D104.2 Building exceeding 62,000 square feet in area. Buildings or
facilities having a gross building area of more than 62,000 square feet shall be
provide with two separate and approved fire apparatus access roads.
Exception: Projects having a gross building area of up to 124,000 square
feet that have a single approved fire apparatus access road when all
building are equipped throughout with approved automatic sprinkler
systems.
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May 11, 2023
ITEM NO.: 8 (Cont.) FILE NO.: Z-9777
D104.3 Remoteness. Where two fire apparatus access roads are required, they
shall be placed a distance apart equal to not less than one half of the length of the
maximum overall diagonal dimension of the lot or area to be served, measured in
a straight line between accesses.
30' Tall Buildings - Maintain aerial fire apparatus access roads as per
Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D105.1
— D105.4
D105.1 Where Required. Where the vertical distance between the grade plane
and the highest roof surface exceed 30', approved aerial fire apparatus access
roads shall be provided. For the purposes of this section the highest roof surfaces
shall be determined by measurement to the eave of a pitched roof, the intersection
of a roof to the exterior wall, or the top of the parapet walls, whichever is greater.
D105.2 Width. Aerial fire apparatus access roads shall have a minimum
unobstructed with of 26', exclusive of shoulders, in the immediate vicinity of the
building or portion thereof.
D105.3 Proximity to building. At least one of the required access routes meeting
this condition shall be located within a minimum of 15 feet and a maximum of 30
feet from the building, and shall be positioned parallel to one entire side of the
building. The side of the building on which the aerial fire apparatus access road is
positioned shall be approved by the fire code official.
D105.4 Obstructions. Overhead utility and power lines shall not be located over
the aerial fire apparatus access road or between the aerial fire apparatus road and
the building. Other obstructions shall be permitted to be places with the approval
of the fire code official.
Dead Ends.
Maintain fire apparatus access roads at dead end locations as per Appendix
D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead
Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be
provided with width and turnaround provisions in accordance with Table D103.4.
Requirements for Dead-end fire apparatus access roads.
Gates
Maintain fire apparatus access road gates as per Appendix D of the 2012
Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access
road gates. Gates securing the fire apparatus access roads shall comply with
all of the following criteria:
1. Minimum gate width shall be 20 feet.
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May 11, 2023
ITEM NO.: 8 (Cont FILE NO.: Z-9777
2. Gates shall be of swinging or sliding type.
3. Construction of gates shall be of material that allow manual operation by one
person.
4. Gate components shall be maintained in an operable condition at all times and
replaces or repaired when defective.
5. Electric gates shall be equipped with a means of opening the gate by fire
department personnel for emergency access. Emergency opening devices
shall be approved by the fire code official.
6. Manual opening gates shall not be locked with a padlock or chain and padlock
unless they are capable of being opened by means of forcible entry tools or
when a key box containing the keys to the lock is installed at the gate location.
7. Locking device specifications shall be submitted for approval by the fire code
official
8. Electric gate operators, where provided, shall be listed in accordance with
U L 325.
9. Gates, intended for automatic operation shall be designed, constructed and
installed to comply with requirements of ASTM F 2200.
Parks and Recreation: No comments received.
County Planning: No comments.
F. BUILDING CODE SILANDSCAPE:
Building Code: No comments received.
Lan dsca e: No comments.
G. TRANSPORTATIONIPLANNING:
Rock Region No comments received.
Planning Division: No comments.
H. ANALYSIS:
The applicant is requesting a Special Use Permit to allow for a group care facility
to be operated in the existing duplex. The proposed group care facility will have a
maximum of nine (9) residents and three (3) full-time staff.
4
May 11, 2023
ITEM NO.: 8 Cont. FILE NO.: Z-9777
The site contains a 2,244 square foot, one-story, two-family residence. A shared
access drive extends from W 32nd Street which provides rear access to several
existing duplex structures with frontage along Ludwig Street. R-3 zoning and uses
are contained west of the site. A mixture of zoning and uses are contained to the
north, south and east of the site. The proposed group care facility is located within
the John Barrow Road Overlay District.
No signage beyond that allowed in single-family and two-family zones will be
permitted.
The applicant notes three (3) full-time positions for the facility will be two (2)
Residential Administrators and one (1) Residential Manager. Part-time positions
will be one (1) Case Manager, one (1) Behavioral Therapist and one (1) AQT
director.
The following organizations are associated with the proposed group care facility:
1. Arkansas Quality Therapy
2. Arkansas Department of Human Services
3. Arkansas Rehabilitation Services
The applicant provided the following statement and description of on -site services
provided to residents:
"Arkansas Quality Therapy will be provided vocational -rehabilitation
services to individuals referred through Arkansas Rehabilitation Services
and Arkansas Department of Youth Services All of the program's guidelines
will be governed by policies and procedures ascribed through the Arkansas
Department of Human Services for a Residential Transitional Facility. The
participants in the program will receive transitional housing supportive
services inclusive of but not limited to the following:
• Adult work -based learning experience
• Job search assistance
• Job placement assistance
Behavioral health supportive services
• Like skills development training
Independent living support
• Educational support for adult basic education and/or continued high
school education"
5
May 11, 2023
ITEM NO.: 8 Cont. FILE NO.: Z-9777
Three (3) parking spaces are attached to the lot for staff. The applicant notes that
residents will not have vehicles.
The applicant submitted a bill assurance provided by the Pulaski County Clerk's
office. The bill of assurance was recorded in 1907 and is not legible.
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.
(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.
0
May 11, 2023
ITEM NO.: 8 Cont.) FILE NO.: Z-9777
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-siteparking.
(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.
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 9 persons is 950 square feet. As
noted earlier the residential structure contains 2,244 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:
The duplex has a total of six (6) bedrooms with three (3) within each unit.
The square footage for the bedroom spaces are:
(a) (2) Bedroom #1: 170 square feet, total occupancy — 2
(b) (2) Bedroom #2: 110 square feet, total occupancy — 1
(c) (2) Bedroom #3: 135 square feet, total occupancy — 2
The occupancy as proposed conforms to Sections 8-406(a) and (b) of the Code.
7
May 11, 2023
ITEM NO.: 8 (Cont.) FILE NO.: Z-9777
Special Use Permits are not transferable in any manner. Permits cannot be
transferred from owner to owner, location to location or use to use.
Staff does not support the requested special use permit to allow a group care
facility at 3209 Ludwig Street. 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 the proposed group care facility
is too institutional in nature for this existing two-family residential site. Staff
believes that a group home -type facility with up to nine (9) residents, three (3)
around the clock staff (including overlap in shift change times), and the potential
for visitors for the nine (9) 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.
STAFF RECOMMENDATION:
Staff recommends denial of the requested special use permit to allow a group care facility.
PLANNING COMMISSION ACTION: (MAY 11, 2023)
Trooper Talbert was present representing the applicant. There were no objectors
present. Staff presented the application with a recommendation of denial.
Trooper Talbert addressed the commission representing the application. He stated that
the intent of the new use requested is to provide a transitional environment to youth for
development of life skills and that the number of occupants will be limited.
There was a discussion by the PC regarding how long the occupants would stay in the
facility, the number of occupants expected at any time, number of staff, parking
arrangements for the facility and if any opposition correspondence had been received
from neighboring property owners.
There was a motion to approve the application, including all staff comments and
conditions, except the recommendation of denial. The vote was 5 ayes, 2 nays, 3 absent,
and 1 open position. The motion failed.
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