Loading...
HomeMy WebLinkAboutZ-9777 Staff Report 042423ITEM 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 OWNER/AUTHORIZED AGENT: Quality Therapy (Agent) 1410 W Daisy L. Gatson-Bates Drive Little Rock, AR 72202 SURVEYOR/ENGINEER: N/A AREA: 0.15 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 6 PLANNING DISTRICT: 10 CENSUS TRACT: 24.08 CURRENT ZONING: R-3 (CUP) VARIANCE/WAIVERS: None requested. ______________________________________________________________________ A. ROPOSAL/REQUEST/APPLICANT’S STATEMENT: 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 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 Authority: No comments. Entergy: No comments Summit Utilities: 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: 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. 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: Minimum gate width shall be 20 feet. Gates shall be of swinging or sliding type. Construction of gates shall be of material that allow manual operation by one person. Gate components shall be maintained in an operable condition at all times and replaces or repaired when defective. 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. 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. Locking device specifications shall be submitted for approval \by the fire code official Electric gate operators, where provided, shall be listed in accordance with UL 325. 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 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 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. 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: Arkansas Quality Therapy Arkansas Department of Human Services 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” 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: family care facility, group care facility, group home, parolee or probationer housing facility, rooming, lodging and boarding facility. 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. 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. 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: Spacing of existing similar facilities. Existing zoning and land use patterns. The maximum number of individuals proposed to be served, the number of employees proposed and the type of services being proposed. The need and provision for readily accessible public or quasi-public transportation. Access to needed support services such as social services agencies, employment agencies and medical service providers. Availability of adequate on-site parking. 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. 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: (2) Bedroom #1: 170 square feet, total occupancy – 2 (2) Bedroom #2: 110 square feet, total occupancy – 1 (2) Bedroom #3: 135 square feet, total occupancy – 2 The occupancy as proposed conforms to Sections 8-406(a) and (b) of the Code. 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.