HomeMy WebLinkAboutZ-6426-B Staff AnalysisOctober 7, 2010
ITEM NO.: 1 FILE NO.: Z -5428-B
NAME: Lovelace Group Care Facility — Special Use Permit
LOCATION: 1219/1223 S. Tyler Street
OWNER: Herschel D. and Venita Lovelace
APPLICANT: Herschel D. Lovelace
PROPOSAL: A Special Use Permit is requested to allow a Group
Care Facility to be operated in the two-family (duplex)
residence on the R-3 zoned property at 1219/1223 S.
Tyler Street.
A. Public Notification:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, the Fair Park Residents
Association, Oak Forest and War Memorial Neighborhood Associations,
and the University District were notified of the public hearing.
B. Public Works Issues:
1. Due to the proposed use of the property, the Master Street Plan
specifies that S. Tyler Street for the frontage of this property must meet
commercial street standards. Dedicate right-of-way to thirty (30) feet
from centerline.
2. A twenty (20) foot radial dedication of right-of-way is required at the
intersection of S. Tyler Street and W. 13th Street.
3. Due to the proposed use of the property, the Master Street Plan
specifies that W. 13th Street for the frontage of this property must meet
commercial street standards. Dedicate right-of-way to thirty (30) feet
from centerline.
C. Staff Analysis:
The R-3 zoned property at 1219/1223 S. Tyler Street is occupied by a
one-story frame duplex structure, located within the west half of the
property. The property is located on the northeast corner of S. Tyler
Street and West 13th Street. The duplex structure is 1,534 square feet in
size. On December 18, 1997 the Planning Commission approved a
Conditional Use Permit which allowed the duplex use. On May 11, 2000
the Planning Commission approved a second conditional use permit which
allowed use of the structure as a day care center for up to 20 children and
October 7, 2010
ITEM NO: 1 Cont. FILE NO.: Z-6426-8
five (5) employees for each of two (2) daily shifts. The building is currently
unoccupied.
The surrounding properties to the north, east and south (across West 13th
Street) contain single family residences and are zoned R-3. The R-3
zoned property across S. Tyler Street to the west contains vacant lots.
The majority of the block immediately to the west is zoned C-3 and
occupied by commercial uses. The north half of block containing
1219/1223 S. Tyler Street is zoned C-3 and contains a medical clinic use.
The applicant, Herschel D. Lovelace, proposes to remodel the existing
1,534 square foot residential structure for a group care facility. The
applicant is requesting the group care facility to serve as an emergency
shelter/short-term residence for up to eight (8) boys ages 12 to 18. There
will be one (1) house parent on site at all times. Please see the attached
letter from the applicant for additional information.
The applicant proposes to house the residents in four (4) bedrooms as
follows:
Bedroom 1 — 120 sq. ft. — 2 residents
Bedroom 2 —120 sq. ft. — 2 residents
Bedroom 3 — 120 sq. ft. — 2 residents
Bedroom 4 — 120 sq. ft. — 2 residents
Section 8-406(a) of the City's Buildings and BLJiIding 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 8 persons is
850 square feet. As noted earlier the residential structure contains 1,534
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
bedroom arrangement as proposed conforms to ordinance standards.
Section 36-54(e)(4) a. and c. -e. 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:
(4) Family care facility, group care facility, group home,
parolee or probationer housing facility, rooming, lodging
and boarding facility:
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October 7, 2010
ITEM NO: 1 (Cont.
FILE NO.: Z -6426-B
(a) 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.
(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.
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.
The site is not located on a CATA bus route. Route #3 (Baptist Medical
Center Route) runs along West 12 th Street, one (1) block to the north.
The applicant submitted a copy of the Bill of Assurance for this
subdivision, which was recorded in 1900. The Bill of Assurance is
handwritten and not very legible. It likely contains no use provisions.
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October 7, 2010
ITEM NO: 1 (Cont.) FILE NO.: Z -6426-B
An area survey conducted by staff revealed that there are no other similar
residential living facilities within 1,500 feet of this property.
A driveway from West 13th Street accesses a paved parking area in the
rear yard (east side of building). The parking area is large enough for
approximately eight (8) vehicles. This should be sufficient space to serve
the proposed use.
Staff is not supportive of the requested special use permit to allow a group
care facility at 1219/1223 S. Tyler Street. Staff feels that it is not
appropriate to locate this institutional -type use within a single family
residential neighborhood. There are zoning districts within the City of
Little Rock which allow group care facilities as permitted uses. Those
districts include 0-1, 0-3, C-1 and C-3. Staff believes these zonings
would be better suited for this group care facility use. These types of
zonings are typically located along the perimeter of residential
neighborhoods and along major roadways. There are many properties
within the city that are zoned properly for group care facilities, which in
staff's opinion would be a better option for the applicants proposed use.
D. Subdivision Committee Comments (September 16, 2010)
Herschel Lovelace and Jackie McDonald were present, representing the
application. Staff described the proposed group care facility use. Staff
noted that additional information was needed on the size of bedrooms and
sleeping accommodations for each bedroom.
There was a discussion related to the length of time the residents will live
in the facility. Staff noted that additional information was needed on this
issue. It was noted that the residents would live there until placed in other
care.
The past use of the property was also discussed. Staff noted that
conditional use permits were previously approved for duplex and daycare
center uses. Mr. Lovelace noted that he did not operate the last day care
use on the property.
After the discussion, the Committee forwarded the application to the full
Commission for final action.
E. Staff Recommendation:
Staff recommends denial of the requested Special Use Permit to allow a
group care facility at 1219/1223 S. Tyler Street.
October 7, 2010
ITEM NO: 1 (Cont.)FILE NO.: Z -6425-B
PLANNING COMMISSION ACTION: (OCTOBER 7, 2010)
Staff informed the Commission that the applicant submitted a letter on October 7,
2010 requesting the application be withdrawn, without prejudice. Staff supported
the withdrawal request.
With a vote of 11 ayes, 0 noes and 0 absent, the Commission voted to waive
their bylaws and accept the applicant's request for withdrawal, without prejudice
being less than five (5) business days prior to the meeting date.
The item was placed on the Consent Agenda and withdrawn, without prejudice.
The vote was 11 ayes, 0 noes and 0 absent.
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