HomeMy WebLinkAboutZ-7275-A Staff AnalysisJuly 19, 2007
ITEM NO.: A FILE NO.: Z -7275-A
NAME: Warren Group Home — Special Use Permit
LOCATION: 3801 West Street
OWNER: Derek Warren
APPLICANT: Derek Warren
PROPOSAL: A Special Use Permit is requested to allow a
group home to be operated in the single family
residence located on the R-2 zoned property at
3801 West Street.
A. Public Notification:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the John Barrow, Campus
Place, Kensington Place and Westbrook Neighborhood Associations were
notified of the public hearing.
B. Public Works Issues:
No Comments.
C. Staff Analysis:
3801 West Street is located at the southeast corner of West Street and
West 38th Street. The property contains a two-story brick and frame single
family structure. There is a two -car wide driveway from West 38th Street,
which leads to a two -car detached carport. There is a one-story
accessory building within the east half of the property. There is a
deck/step structure on the west side of the residential structure, which
accesses an exit door on the second floor. There is off-street parking for
approximately six (6) vehicles.
All surrounding properties contain single family residences and are zoned
R-2 and R-3. There are multifamily uses to the north along West 36th
Street.
The applicant, Derek Warren, proposes to utilize the existing 2,105 square
foot structure as a group home. The residential facility will serve as a
temporary shelter for men recovering from substance abuse addictions.
The applicant is proposing to house fourteen (14) residents, plus a
residence for the property owner/program manager. The applicant has
also noted that he goes out and finds clients at homeless shelters,
July 19, 2007
ITEM NO: A(Cont,)FILE NO.: Z -7275-A
etc. The residents/clients will reside in three (3) upstairs bedrooms. The
owner will reside in a downstairs bedroom. A recent inspection of the
property by City staff revealed 15 beds on the second floor of the structure
and as many as nine (9) residents. Based on enforcement action, the
applicant has reduced the total number of residents to four (4), which
conforms to the City's definition of "single family".
The site is not located on a CATA bus route. Route #14 (Rosedale Route)
runs along West 36th Street, two (2) blocks to the north. The applicant
provided a Bill of Assurance for the neighborhood, which was recorded in
1952 and appears to no longer be valid.
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.
(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.
K
July 19, 2007
ITEM NO: A
FILE NO.: Z -7275-A
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.
According to an area survey, there are no other transitional residential
facilities within 1,500 feet of the property. There are two (2)
public/institutional-type uses to the north along Romine Road (church and
school facilities).
As noted previously, there are three (3) bedrooms on the second floor of
the structure, which will accommodate the residents/clients. The applicant
proposes to occupy the three (3) bedrooms as follows:
Bedroom 1 — 93.5 sq. ft. — 3 beds
Bedroom 2 —144 sq. ft. — 3 beds
Bedroom 3 —184 sq. ft. — 8 beds
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 15 persons is
1,550 square feet. As noted earlier the residential structure contains
2,105 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.
According to Section 8-406 of City Code, following is the minimum
required area for each bedroom with the occupancy as proposed:
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July 19, 2007
ITEM NO: A (Cont.) FILE NO.: Z -7275-A
Bedroom 1 —170 sq. ft. — 3 beds
Bedroom 2 — 170 sq. ft. — 3 beds
Bedroom 3 — 420 sq. ft. — 8 beds
The occupancy as proposed does not conform to Section 8-406. The
property owner will reside on the first floor.
Staff is not supportive of the requested special use permit to allow a group
home at 3801 West Street. Although staff's survey revealed no other
residential living facilities within 1,500 feet of the site, staff does not feel
the existing residential structure is of adequate size to support the
proposed group home facility. As noted previously, the three (3) upstairs
bedrooms are not large enough according to Section 36-406 (b) to support
the number of residents as proposed. Staff feels the applicant should
seek a larger residential structure for the proposed group home use.
D. SUBDIVISION COMMITTEE COMMENT: (MAY 17, 2007)
The applicant was not present. Staff briefly described the proposed group
home use. Staff explained the issues associated with the size of the
structure.
After the brief 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 operate a
group home at 3801 West Street.
PLANNING COMMISSION ACTION: (JUNE 7, 2007)
Staff informed the Commission that the application needed to be deferred to the
July 19, 2007 Agenda as the applicant failed to complete the required notification
of abutting property owners. Staff supported the deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the July 19, 2007 Agenda. A motion to that effect
was made. The motion passed by a vote of 9 ayes, 0 nays, 1 absent and 1 open
position.
CI
July 19, 2007
ITEM NO: A Cont. FILE NO.: Z -7275-A
PLANNING COMMISSION ACTION: (JULY 19, 2007)
Derek Warren was present, representing the application. There were five (5)
objectors and two (2) supporters present. Staff presented the application with a
recommendation of denial.
Derek Warren addressed the Commission in support of the application. He
explained that he could reduce the number of residents to comply with ordinance
standards. He briefly described the proposed group home use.
Dixie Langford addressed the Commission in support. She explained that she
had visited the site at 3801 West Street and found no problems with its operation.
She noted that it was a good group home operation.
Billie Calloway, of the John Barrow Neighborhood Association, addressed the
Commission in opposition to the application. She noted that the neighborhood
was trying to maintain the single-family residences in the area. She described
the general area around 3801 West Street.
Angela Hill also spoke in opposition. She explained that the neighborhood was a
clean area.
Reneda Woods also spoke in opposition. She explained that her two (2) small
children had to pass 3801 West Street on the way to the school bus stop. She
expressed concerns with the group home's turnover rate and the problem the
residents would have.
Victor Wallace also addressed the Commission in opposition. He noted that nine
(9) children were dropped off at the school bus stop near 3801 West Street. He
noted that there had been incidents regarding the group home. He also noted
that Mr. Warren started the group home without a permit.
Willene Lensig also spoke in opposition. She explained that residents of the
group home had approached neighbors. She noted that the group home
reduced property values in the area.
Joyce Crawford spoke in support of the application. She explained that her son
was a resident in the group home and that it had turned his life around.
Mr. Warren made additional comments in support of the application. He noted
that the City's Fire Department had no problem with the group home.
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July 19, 2007
ITEM NO: A (Cont.) FILE NO.: Z-727
Commissioner Allen asked about the group home's screening procedures.
Mr. Warren explained that criminal background was checked on the Internet and
this was the basic requirement of facilities of this type. The issue was briefly
discussed. In response to questions from the City Attorney, Mr. Warren noted
that a background check was made on the internet and with the local police
department for every person, unless he knows the person.
Commissioner Williams commented that four (4) persons could live in the home
as long as there is no treatment provided. Tony Bozynski, Planning Directors,
noted that the group home at 3801 West Street was an enforcement issue.
There was a motion to approve the Special Use Permit. The motion failed by a
vote of 0 ayes, 9 nays, 1 absent and 1 open position. The application was
denied.
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