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HomeMy WebLinkAboutZ-7267 Staff AnalysisOctober 3, 2002 ITEM NO.: C NO.: Z-7267 Name: Smith Family Care Facility — Special Use Permit Location: 1200 West 31St Street Owner/Applicant: Simmons S. Smith Proposal: A Special Use Permit is requested to allow the owner of 1200 West 31St Street to operate a Family Care Facility. The property is zoned R-3. PUBLIC NOTIFICATION All owners of property located within 200 feet of the site, residents within 300 feet who could be identified, and the MLK, Downtown, South End, Meadowbrook and South End Neighborhood Developers Neighborhood Associations were notified of the public hearing. STAFF ANALYSIS Simmons S. Smith, the owner of the single family residence located at 1200 West 31s' Street, is requesting a special use permit to allow for the operation of a Family Care Facility at that address. All of the adjacent properties are zoned R-3. There are single family and two-family residences to the north, east and southeast. There is vacant R-3 zoned property to the south, and four (4) vacant, boarded -up houses to the west. The Little Rock School District Instructional Resource Center is located further north. The property is occupied by a one-story frame single family residence. The applicant is requesting a special use permit for a Family Care Facility in order to provide a residence for individuals who are in recovery from substance abuse problems. Mr. Smith notes in his cover letter that Dino Davis will operate the facility. He also notes that the individuals who will live at this location will be encouraged to work and maintain normal lives. A copy of the cover letter, which includes additional information related to proposed operation of this facility, is attached for Planning Commission review. The City of Little Rock Zoning Ordinance defines a Family Care Facility as follows: "Family care facility means a facility which provides resident service in a family -like environment to six (6) or fewer individuals and not more than two (2) staff personnel. These October 3, 2002 ITEM NO.: C (Cont.) FILE NO.: Z-7267 individuals require a minimal level of supervision and are provided service and supervision in accordance with their individual needs." Section 36-54(a) of the Zoning Ordinance provides the purpose of requiring a Special Use Pert -nit for this type of use, as follows: "General purpose. The purpose of this section is to provide a method of control over certain types of land uses which, while not requiring the full review process of the conditional use permits, do require some review procedure which allows for determination of their appropriateness within the neighborhood for which they are proposed and for public comment." Section 36-54(e)(2) of the Zoning Ordinance establishes the site and location criteria for Family Care Facilities 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. This use shall not be permitted to run with the title to the land and not be transferable. f. The number and spacing of existing similar facilities in the neighborhood. g. Existing zoning and land use patterns. h. Area wide availability of facilities providing like services. i. Provision for readily accessible public or quasi -public transportation. To staff's knowledge there have been no special use permits issued for other Family Care Facilities in this neighborhood. Additionally, staff knows of no facilities providing this type of resident care in the immediate area. This site is located near CATA Bus Route #11, which runs along M. L. King Drive two (2) blocks to the west, and Route #2, which runs approximately three (3) blocks to the northeast at the corner of West 28th and Ringo Streets. The applicant submitted a copy of the Bill of Assurance for this neighborhood as part of the application process. The Bill of Assurance was drafted in 1890 and _ addresses no use issues. Staff believes the proposal to be reasonable and supports the applicant's request for a special use permit. The only concern staff has related to this 0 October 3, 2002 ITEM NO.: C Cont. FILE NO.: Z-7267 application is the possible condition of the single family structure. It appears to staff that some repairs to the structure may be needed. Staff will recommend that the property owner meet with personnel from the City's Housing and Neighborhood Programs Department to assure that the structure meets all of the minimum housing standards prior to the Family Care Facility being operated. Staff does not believe the level of activity generated by a Family Care Facility at this location would have any negative impact on the neighborhood. 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 RECOMMENDATION: Staff recommends approval of the Special Use Permit to allow a Family Care Facility at 1200 West 31St Street, subject to the following conditions: 1. Compliance with the site and location criteria established in Section 36-54(e)(2). 2. There is to be no signage beyond that permitted in single family zones. 3. The Special Use Permit will be for Simmons S. Smith only, and will not be transferable in any manner. 4. The property owner must receive written confirmation (from the City's Housing and Neighborhood Programs Department) that the single family structure meets all of the minimum housing standards, prior to the Family Care Facility being operated. PLANNING COMMISSION ACTION: (AUGUST 22, 2002) Staff informed the Commission that the applicant submitted a letter on this date requesting that the application be deferred to the October 3, 2002 agenda. Staff noted that it was the applicant's intent to have a meeting with the neighborhood residents to discuss the application. With a vote of 10 ayes, 0 noes and 1 open position, the Commission waived their bylaws and accepted the applicant's request for deferral being less than five (5) working days prior to the public hearing. The item was placed on the Consent Agenda and deferred to the October 3, 2002 agenda by a vote of 10 ayes, 0 noes and 1 open position. 3 October 3, 2002 ITEM NO.: C Cont. FILE NO.: Z-7267 PLANNING COMMISSION ACTION: (OCTOBER 3, 2002) Simmons Smith was present, representing the application. There were several persons present in opposition. Staff presented the item with a recommendation of approval. Chairman'Lowry asked that the opposition speak first. Sarah Facen spoke in opposition to the application. She discussed the history of the property. She referenced a meeting held by the neighborhood association and the applicant. She noted that there were no staff personnel at the family care facility, and that one of the residents acted on the property manager. Ms. Facen discussed the South Neighborhood Plan, noting that the plan recommended reducing the number of drug rehabilitation facilities in the area. She expressed concerns with the proposed family care facility and the type of people who could live there. She noted that the applicant, Simmons Smith, had recently done repairs on the house. She stated that Mr. Smith had problems with housing code enforcement in the past. She expressed concern with Mr. Smith operating the family care facility with his past record of not maintaining his properties. She noted that there is a school bus stop at the corner of the property and expressed concerns. Simmons Smith, of 2411 Arch Street, addressed the Commission in support of the application. He briefly discussed the history of the general area. He noted that he had invested in and was committed to the south end neighborhood. He briefly discussed this issue. He noted that he has done positive things for the community, and briefly discussed the south end neighborhood. He noted that the residential structure would be brought up to full compliance with the City's housing codes. Commissioner Meyer asked Mr. Smith when he purchased the property. Mr. Smith stated that he bought the property in 1977 and lived there for a few years, and then rented it out. The commissioner asked how large the structure was. Mr. Smith responded that it was 1,000 square feet. He explained that there were three (3) bedrooms, with two (2) persons per bedroom, and that the bath and kitchen facilities were shared. Jim Lawson, Director of Planning and Development, stated that there was no specific ordinance requirement relating to minimum area per resident. Commissioner Meyer questioned the number of residents to be housed at this location. The proposed operation of the family care facility was briefly discussed. 4 October 3, 2002 ITEM NO.: C (Cont. FILE NO.: Z-7267 Commissioner Rahman asked if Mr. Smith planned on renting the house to someone else to conduct the family'care facility. Mr. Smith explained that he would operate the family care facility and not Dino Davis as was originally planned. Mr. Smith provided the Commission with additional information relating to the family care facility. Vice -Chair Faust asked if the house was currently used as a family care facility. Mr. Smith explained that Dino Davis operated a family care facility at this address until the City issued a notice, at which time the use was ceased. Commissioner Faust expressed that she was not confident in Mr. Smith's ability to oversee the family care facility. This issue was discussed. There was a discussion regarding the issue of whether or not the family care facility was appropriate for the area. Mr. Lawson officially changed the staff recommendation to denial. He expressed that he was not comfortable with the fact that Mr. Smith had no track record with family care facilities, or similar types of uses. There was a lengthy discussion relating to the purpose and intent of family care facilities and special use permits. Commissioner Floyd expressed concerns with the condition of the residential structures owned by Mr. Smith. Mr. Smith noted that he was committed to the neighborhood and explained. Commissioner Nunnley stated that he was not comfortable with the application as it currently existed. He asked if a deferral would help the applicant and staff resolve outstanding issues. Chairman Lowry stated that he respected Mr. Smith's work in the neighborhood. He noted that he was opposed to the application based on the number of signatures of persons opposed as presented to the Commission on a petition. Chairman Lowry stated that Mr. Smith had a right to defer the application. Mr. Smith indicated that he wished to have a vote on the application at this meeting. He stated that he would continue to be committed to the community. There was a motion to approve the application subject to conditions as noted on page 3 of the agenda report. The motion failed by a vote of 0 ayes, 10 nays and 1 absent. The application was denied. 5