Loading...
HomeMy WebLinkAboutZ-7268 Staff AnalysisNovember 14, 2002 ITEM NO.: A FILE NO.: Z-7268 Name: McIntosh Family Care Facility — Special U.se Permit Location: 2908 S. Gaines Street Applicant: Sean McIntosh Proposal: A Special Use Permit is requested to allow the occupant of 2908 S. Gaines Street to operate a Family Care Facility. The property is zoned R-4. 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 Sean McIntosh, the resident of the single family residence located at 2908 S. Gaines Street, is requesting a special use permit to allow for the operation of a Family Care Facility at that address. All adjacent properties are occupied by single family homes and are zoned either R-3 or R-4. There is some C-3 zoned property located to the northeast, along Arch Street. The property is occupied by a one-story frame single family residence. There is a single car driveway from Gaines Street which serves as access to the property. The applicant is requesting a special use permit for a Family Care Facility in order to provide a residence for individuals with mental disabilities. Mr. McIntosh, the applicant, will also maintain a residence at this location. Mr. McIntosh notes in his cover letter that hf; currently provides a residence to two (2) individuals and further explains their disabilities and his role in their lives. A copy of the cover letter 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 individuals require a minimal level of supervision and are provided service and supervision in accordance with their individual needs." November 14, 2002 ITEM NO.: A (Cont.) FILE NO.: Z-7268 Section 36-54(a) of the Zoning Ordinance provides the purpose of requiring a Special Use Permit 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 on CATA Bus Route #2 and near Route #15 (Arch Street). 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 1902 and addresses no use issues. Staff believes the proposal to be reasonable and supports the applicant's request for a special use permit. The property is currently zoned R-4 and by all rights could be converted to a duplex at this time, with as many as eight (8) unrelated persons living there (four per single family unit, as per the Zoning Ordinance's definition of single family). 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. 2 November 14, 2002 ITEM NO.: A(Cont.)FILE NO.: Z-7268 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 2908 S. Gaines 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 Sean McIntosh only, and will not be transferable in any manner. PLANNING COMMISSION ACTION: (AUGUST 22, 2002) Staff informed the Commission that the applicant submitted a letter on August 16, 2002 requesting that this application be deferred to the October 3, 2002 agenda. Staff noted that the applicant had not completed the required notification to surrounding property owners. 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. PLANNING COMMISSION ACTION: (OCTOBER 3, 2002) Staff informed the Commission that the applicant submitted a letter requesting that the application be deferred to the November 14, 2002 agenda, based on the fact that the required notices to surrounding property owners were not completed. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the November 14, 2002 agenda by a vote of 9 ayes, 0 nays and 2 absent. PLANNING COMMISSION ACTION: (NOVEMBER 14, 2002) Sean McIntosh was present, representing the application. There were two persons present in support of the application and several persons present in opposition. Staff briefly described the proposed Special Use Permit, with a recommendation of approval. 3 November 14, 2002 ITEM NO.: A (Cont.) FILE NO.: Z-7268 Sean McIntosh addressed the Commission in support of the application. He described the experience he has in caring for persons with disabilities. He noted that he does not care for people with negative behavior. He described the two clients that live with him. He noted that the people he cares for have not done anything wrong. Tommy McIntosh also addressed the Commission in support of the application. Robert McIntosh also addressed the Commission in support of the application. He noted the problems with the neighbors could be worked out. Dr. Minnie Hatchett addressed the Commission in opposition to the application. She noted that she has lived at 2904 S. Gaines Street for 29 years. She noted the following concerns with the proposed Special Use Permit: 1. The house at 2908 S. Gaines Street is not owner occupied. 2. The South End Area Improvement Plan does not support this type of use. 3. Property values will deteriorate. 4. Safety concerns for the neighbors. She also noted that the property at 2908 S. Gaines is not being properly maintained. Faye Grant also spoke in opposition. She expressed concerns with the proposed use of the property. Hartence Mitchell, Vice -President of the Martin Luther King Neighborhood Association, addressed the Commission in opposition. He stated that the neighborhood association voted to oppose the Special Use Permit. He expressed concerns with the proposed use. Dr. Blevins, President of the Wright Avenue Neighborhood Association, spoke in opposition to the application. He explained that the Special Use Permit would be a negative impact on the area. Commissioner Floyd asked why a Special Use Permit is required. Jim Lawson, Director of Planning and Development, explained that the level of care provided by the applicant required that the use be categorized as a Family Care Facility. Commissioner Floyd asked the applicant for more details regarding the use of the property. Sean McIntosh noted that he was employed by Integrity, Inc. He briefly explained the work of this organization. He noted that the was approved by Medicaid and the Department of Human Services. He explained that the 4 November 14, 2002 ITEM NO.: A (Con FILE NO.: Z-7268 property had been cleaned up and was being well maintained. He stated that he would never have any more than two (2) clients at 2908 S. Gaines Street. Commissioner Meyer asked about an enforcement notice (premise) issued by the City. Sean McIntosh noted that the property had been cleaned up and explained why there was a delay with the clean up. Commissioner Nunnley asked about other similar uses in the area. Staff explained that no special use permits had been issued for family care facilities in this general area in the past five (5) years. Staff explained that they knew of no other similar uses in the area, other than Tommy McIntosh's Family Care Facility at 2900 S. Gaines Street. Staff explained that Tommy McIntosh had taken the City to court (case pending) rather than file for a Special Use Permit. Commissioner Nunnley asked Dr. Hatchett what her fears were about the proposed Family Care Facility. Dr. Hatchett referred to the South End Area Improvement Plan and noted that property values would deteriorate. Commissioner Meyer asked Dr. Hatchett if the property at 2908 S. Gaines Street had been cleaned up. Dr. Hatchett indicated that the property had been cleaned up. Commissioner Rector asked Dr. Hatchett if she had ever felt threatened by one of Mr. McIntosh's clients. Dr. Hatchett stated that she had not, and explained how one of the clients had approached her grandchildren in the front yard and asked to play with them. She noted that she made the children move to the rear yard. Commissioner Rector asked if the application was to allow just the two (2) existing clients of Mr. McIntosh. Sean McIntosh amended the application to be for two existing clients (Johnny Williams and Robert Trott) only. There was additional discussion related to the proposed special use permit and the use of the property. There was a motion to approve the application as recommended by staff and amended by the applicant. The motion passed by a vote of 7 ayes, 0 nays and 4 absent. The special use permit was approved. 4l