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HomeMy WebLinkAboutZ-7376 Staff AnalysisApril 3, 2003 ITEM NO.: 2 FILE NO.: Z-7376 Name: Tucker Family Care Facility — Special Use Permit Location: 48 Plantation Drive Applicant: Bertha Tucker/Alvin Floyd Proposal: A Special Use Permit is requested to allow the property owner of 48 Plantation Drive to operate a Family Care Facility. The property is zoned R-2. Public Notification: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Hermitage and East Roosevelt Neighborhood Associations were notified of the public hearing. Staff Analvsis: Bertha Tucker, the owner and resident of the single family residence located at 48 Plantation Drive, 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 R-2. The property is occupied by a one-story brick and rock single family residence. There is a two -car driveway from Plantation Drive which serves as access to the property. The concrete drive extends along the east side of the building. There is a new building addition being constructed at the southwest corner of the existing structure. The applicant, Bertha Tucker, is requesting a special use permit for a Family Care Facility in order to provide a residence for two (2) individuals who have no other place to live. These individuals are referred to her by the Veteran's Administration (VA) through a vet foster care program. These individuals pay Ms. Tucker a monthly rent, as she receives no payment from the V.A. Ms. Tucker provides her clients with daily meals and transportation. She also helps them take any medication on schedule. A copy of the cover letter submitted by Ms. Tucker is attached for Planning Commission review. The City of Little Rock Zoning Ordinance defines a Family Care Facility as follows: "Family care facility means 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 April 3, 2003 ITEM NO.: 2 (Cont.) FILE NO.: Z-7376 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 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. 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 #20 (College Station Route), which runs along Fourche Dam Pike. K April 3, 2003 ITEM NO.: 2 {Cont.} FILE NO.: Z-7376 The applicant submitted a copy of the original Bill of Assurance for this neighborhood as part of the application process. The Bill of Assurance was recorded in 1957 and expired in 1982. Staff believes the proposal to be reasonable and supports the applicant's request for a special use permit. The property is zoned R-2 and could have up to four (4) unrelated persons living there as long as no special services or supervision is provided by the property owner, according to the City's Zoning Ordinance definition of a single family. Staff does not believe the level of activity generated by this Family Care Facility at this location will 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 Recommendations: Staff recommends approval of the Special Use Permit to allow a Family Care Facility at 48 Plantation Drive, 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. There is to be no more than two (2) clients living at this residence at any one time. 4. The special use permit will be for Bertha Tucker only, and will not be transferable in any manner. PLANNING COMMISSION ACTION: (APRIL 3, 2003) Alvin Floyd was present, representing the application. There were several persons present in opposition. Staff presented the item with a recommendation of approval. Alvin Floyd addressed the Commission in support of the application. He stated that only two (2) persons would live in the house with Ms. Tucker and that they were veterans. He stated that they were over 50 years old and in most cases bed -ridden. Mr. Floyd described the property as well -kept. He stated that Ms. Tucker has been caring for veterans at this location for 1 '/ years. He gave additional description of the care provided to the veterans. K, April 3, 2003 ITEM NO.: 2 (Cont.)__ FILE NO.: Z-7376 Robert Phillips, a resident/client of Ms. Tucker's, addressed the Commission in support of the application. He stated that he has been helped by the VA foster care program and Ms. Tucker. He described the program as one-on-one rehabilitation in a home -like environment. Carlos Corbin spoke in opposition to the application. He expressed concern with the type of persons which may live at 48 Plantation Drive. J. A. Swift, president of the Hermitage Neighborhood Association also spoke in opposition. He noted that this type of use should be located elsewhere and explained. He noted concerns with traffic, medical waste, the older sewer system and decreasing property values. Terry Kersey also addressed the Commission in opposition. She noted that the area should stay residential and expressed concern with the number of persons which would live on the site. Grady Ellington spoke in opposition and reiterated the concern of the other objectors. Carl Cobb also spoke in opposition. He noted that he had been a resident of the neighborhood for 32 years. He stated that the use should be located elsewhere. Clair Schaefer also spoke in opposition. He also noted that the use should be located elsewhere. He expressed concern with decreasing property values. Alvin Floyd explained that the use of the property was not a nursing home, but a foster care type use. He stated that the clients are mostly bed -ridden and will not be roaming the neighborhood streets. He explained that the property is well - kept. Commissioner Meyer asked if there were only two (2) clients living on the property with Ms. Tucker. Mr. Floyd stated that there has never been any more than two (2) clients. There was a brief discussion of this issue. Mary Swift addressed the Commission in opposition. She stated that there were 3 or 4 new showers being constructed on the site. She stated that Ms. Tucker was not able to care for the clients. She stated that family members of the clients come to the site once a month and create traffic problems. Commissioner Meyer asked if Ms. Tucker was able to care for her clients. Mr. Floyd stated that she along with her two sons (Mr. Floyd and his brother) help care for the veterans. He stated that only family members of Ms. Tucker visit the property and explained. Ell April 3, 2003 ITEM NO.: 2 (Cont. FILE NO.: Z-7 Chairman Rahman asked if the VA had an inspection program for the foster care uses. Mr. Floyd stated that the VA does oversee the foster care program and explained. Commissioner Lowry asked about the current construction on the property. Mr. Floyd explained that the construction was an extension of a bedroom and a walk-in shower with two toilets. Commissioner Lowry asked how many bedrooms the house had. Mr. Floyd stated that there was a total of three bedrooms and described the other rooms in the house. Commissioner Faust explained that she could not understand why the neighbors were opposed to the application. She briefly discussed the use of the property and noted that the neighborhood would be protected by the conditions recommended by staff to be placed on the application. There was a motion to approve the special use permit as recommended by staff. The motion passed by a vote of 7 ayes, 1 nay and 3 absent. The special use permit was approved. 5