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HomeMy WebLinkAboutZ-7547 Staff AnalysisDecember 18, 2003 I�i1�►�i��C��c? NAME: LOCATION: OWNER/APPLICANT: FILE The House of OBED —Conditional Use Permit 8223 West 39th Street Emanuel and Evirta Thompson Z-7547 PROPOSAL: A conditional use permit is requested to allow the use of this existing residence as a transitional living facility for 6 to 12 individuals. The property is zoned R-3. 1. SITE LOCATION: The property is located at the southeast corner of West 39th and Zion Streets, in the John Barrow Neighborhood. 2. COMPATIBILITY WITH NEIGHBORHOOD: All surrounding properties are zoned R-3 single-family residential. Several of the nearby lots are undeveloped although most of the properties contain single family homes. A city park is located one block to the northeast. In 1088, the Commission approved a PRD for a 16 lot "patio home" development for the block north of Vilest 38th and east of Cobb Street. The PRD was never pursued to the Board. The immediate residential neighborhood is fragile and staff is concerned that inserting a use such as this into the neighborhood could have a detrimental effect on the area. Staff does not believe the proposed use is compatible with uses in the area. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the John Barrow Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING-- The ARKING' The site contains a gravel driveway and a carport which is wide enough for one vehicle. The applicant states there will only be two vehicles on the site most of the time; a "house" vehicle and the resident manager's vehicle. On Tuesday and Thursday nights, group meetings will be held and counselors will come to the site. Their two vehicles are proposed to be parked in the yard next to the carport/driveway. December 18, 2003 ITEM NO.: 3 (Cont.) 4. SCREENING AND BUFFERS: FILE NO.: Z-7547 Development of any new vehicular use areas will require compliance with the City's Landscape Ordinance. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall or dense evergreen plantings are required along the eastern and southern perimeters of the site. 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY. FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: Approved as submitted. Water: Contact Central Arkansas Water regarding backflow prevention requirements and if larger or additional meter(s) are required. % - inch is the largest meter available off the existing main. Also contact Central Arkansas Water to have the rate on the water account changed to commercial, if this property is converted to commercial use. Fire Department: Approved as submitted. County Planning: No Comments. CATA: No Comments received. A CATA bus route is indicated along Asher Avenue, 6 blocks to the south; along Potter and Katherine Streets, 3 blocks to the east; and along 36th Street, 3 blocks to the north. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 20, 2003) The applicants, Emanuel and Evirta Thompson, were present. Staff presented the item and noted additional information was needed on operation of the facility and number of clients. Staff questioned what other activities would be 2 December 18, 2003 EM NO.: 3 (Cont.) FILE NO.: Z-7547 conducted at the facility, other than housing. Staff asked what the average length of stay would be and if the 4 employees would be officed at this site. Staff asked for details on any proposed fencing and signage. Staff noted that the structure would have to be remodeled to comply with Building Code requirements for this type of occupancy. The applicant was asked to provide information on the number of vehicles that would be parked at the site. Utility and Landscape Comments were presented. The applicants were advised to respond to staff issues by November 26, 2003. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The R-3 zoned property located at 8223 West 39th Street is occupied by a one-story, frame, single-family residential structure. The structure is approximately 1,616 square feet in size and has an attached, one -car carport. A gravel driveway provides access from West 39th Street. The house contains 5 bedrooms, 2 full bathrooms, a kitchen, utility room and dining room/living room combination. A 6 -foot tall wood privacy fence is located along the rear property line and a 5t foot wire fence is located along the west property line. Both fences are on the adjacent properties. West 39th Street is a narrow, unimproved, chip -seal street with open drainage along the south side. The property is located in a neighborhood that is exclusively single family residential in the vicinity of this property. A city park is located one block to the northeast. A vacant lot is adjacent to the east and several blocks of undeveloped, wooded properties extend to the west of the site. Occupied, single-family homes are located across West 39th Street to the north as well as adjacent to the south. The applicant has submitted a proposal to utilize the property, as is, for a transitional housing facility for parolees coming out of the Arkansas Department of Corrections. Ori September 16, 2003, the Board of Directors passed Ordinance No. 18,939 requiring homeless shelters and facilities which provide residential treatment or temporary housing to obtain a conditional use permit prior to locating in any zone of the City's jurisdiction. That ordinance established the following criteria for the Planning Commission's review of such applications: (14) Separation, spacing and procedural requirements for homeless shelters and establishments of a religious, charitable or philanthropic organization or establishment for the care of alcoholic, narcotic or psychiatric patients which provide residential treatment or temporary housing will be determined by the Planning Commission so as not to adversely impact the surrounding properties and neighborhood. Unless the Commission determines that a 3 December 18, 2003 ITEM NO.: 3 (Cont.) FILE NO.: Z-7547 different area is more appropriate, a neighborhood shall be defined as an area incorporating all properties lying within 1,500 feet of the site for which the permit is requested. In addition to the development standards and review guidelines established in Section 36-107. of this chapter, issues that the planning commission will consider during its review of such facilities include, but are not limited to: a) Spacing of existing similar facilities b) Existing zoning and land use pattern c) The maximum number of individuals proposed to be served, the number of employees proposed and type of services being proposed. d) Provisions for readily accessible public or quasi -public transportation e) Access to support services such as social services agencies, employment agencies and medical service providers The applicant has submitted the following information in support of the proposal. APPLICANT'S PROPOSAL We are requesting a waiver from the R-3 zoning code in order to institute a housing facility for the Arkansas Department of Correction parolees. This Facility (housing) is located at 8223 W. 39th, Little Rock, AR 72205. This program will focus on after care services. This structured program will focus on providing the parolees with available resources and life skills. Also, the after care services will be provided by assisting the paroles with the transit system, living skills, counseling, anger management, social skills, criminal thinking errors including positive mind set, groups. The House of OBED will assist its clients in their efforts to be free of drugs, alcohol and criminal thinking by providing a structured environment with placing emphasis on work ethics, respect, discipline, morals and values, with an atmosphere of dignity and integrity. There are no plans for any physical changes to the property of The House of OBED. If for some reason a client leaves The House of OBED, during the night no staff will call the local law enforcement, but will notify his parole officer. 4 December 18, 2003 ITEM NO.: 3 (Cont. FILE NO.: Z-7547 The House of OBED has four (4) employees. Our Administrator Assistant is (Biaca Bush) who has an Associate Degree in Business Science/Computer Information Systems. Also she has ten (10) years clerical experience. The Program Manager (Juanice Bush -Thompson) has B.S./BAE, Secondary Education, with eighteen (18) hours toward a Master of Psychology and 27 years experience in juvenile corrections and management. The Director is (Evirta Thompson) who has a degree in Business Education, she has eighteen (18) hours toward a Master in Learning Disabilities and 27 years experience in juvenile corrections/teaching. The Executive Director is (Emanuel Thompson) who has a degree in Elementary Education/BS and thirteen (13) years experience teaching, six (6) years experience in juvenile corrections. The Residential Manager (House man) will be appointed. The House of OBED has a car that is used to transport clients to medical appointments, jobs during the hours that buses are not running; to get the proper ID that's needed, to buy food; two (2) clients will be assigned to drive the car (with valid Arkansas license) everyone will not drive the car. These resources will provide the necessary tools to acclimate the parolees back into society and the community. The following documentation will be used to insure professionalism and to guide the parolees in their transition. A. Handbook which contains the rules, guide lines and goals; B. House cleaning schedules; C. Request for passes; D. Lease agreement; E. Sign in/out documents; F. Training/group documents; G. Receipts for rent; H. Folder documentation on each client; I. Car log: including drivers, mileage time, etc.; J. Head count document (early morning/curfew); K. Transit schedules for buses. k December 18, 2003 ITEM NO.: 3 (Cont. FILE NO.: Z-7547 This addendum is in reference to the planning staff comments at the meeting dated November 20, 2003, concerning THE HOUSE OF OBED. 1. The number of clients living in the facility will be ten (10) no more than (12) twelve and no less than (6) six. The average length stay will be (6) six months at THE HOUSE OF OBED. 2. There will be NO services provided to individuals other than those living at the Facility. 3. The (4) four employees listed on the letter will not be located at this facility. There is no office in the facility. The office for THE HOUSE OF OBED is located at 1906 Breckenridge Dr. Little Rock, Arkansas. 4. There are (5) five bedrooms in THE HOUSE OF OBED. (1) one large master bedroom will house (3) three men; one bedroom which is almost as large as the master suite will house (2) two men; The (3) third bedroom will house (2) two men; The (4) fourth bedroom will house (2) two men; The (5) fifth room will house the house manager. There are (2) two full baths, both with showers and tubs. There is one (1) kitchen furnished with refrigerator, oven, microwave, coffee pot, etc. The utility room is furnished with a washer and dryer. This room is located in the hall between the kitchen and one of the bedrooms. There is a living room furnished with (2) two sofas and (1) sitting chair, coffee table, lamp, floor T.V. etc. The dining room is connected to the living room area. This room is separated by the tile floor and a wooden balancer. It is furnished with table and chairs. 5. There are NO parking needs at this time. THE HOUSE OF OBED car and the Residential Manager's car are the only vehicles that will reside at THE HOUSE OF OBED. Minister Lamont Aikens is the overseer and he works during the day. Minister Aikens is not associated with D.O.C. He is helping THE HOUSE OF OBED with the outreach ministry. He is one of the Ministers with the Covenant of Zion Church along with myself, Evirta Thompson; Emanuel Thompson; Juanice Bush and Biaca Bush, all are staff with THE HOUSE OF OBED. Dr. Charles E. Williams is our Ecclestical Covering 9 December 18, 2003 ITEM NO.: 3 (Cont.) FILE NO.: Z-7547 located at 3023 West 12th Street in Little Rock, Arkansas. On Tuesday and Thursday nights we will have our meetings. At this time there will be (4) four cars on the premises (2) two of these will fit under the carport and (2) will fit in the yard next to the carport. At NO time will cars be parked on the street. The street is very narrow. 6. We have not proposed to replace fencing. The back of the yard has a wooden privacy fence that appears (6) six feet tall. There is a chain wire fence connected to the wooden fence running down the right side of the property which separates the property lines. There is no fence on the left side of house, only a vacant lot. The wire fence is about (5) five feet tall. 7. There is NO proposed signage there will be NO signs placed on the property or in the yard at any time. (We have placed the fluorescent green sign on the house for NOTIFICATION PURPOSES. Staff is not supportive of the proposed use. With few exceptions, the surrounding neighborhood is entirely single family residential; either single family homes or vacant, single family lots. The exceptions within the 1,500 foot radius are a city park, 3 small churches, a corner of the 1-2 zoned former Borden Dairy plant, a portion of a vacant, MF -12 zoned tract and a portion of an as -yet undeveloped, POD zoned church site. The 1-2, MF -12 and POD zoned properties are located along Asher Avenue and John Barrow Road. There do not appear to be any similar facilities within the defined "neighborhood" but Sober Living, Inc., a residential drug and alcohol treatment facility, is located just outside of that perimeter, at 42nd and John Barrow. Residents of this proposed facility will not drive but rather, must depend on the assigned driver or on bus service which is located 3 blocks away. There is no immediate access to support services. Twice a week, counselors will arrive at the site for meetings, adding to the appearance of a non-residential use. Allowing the use of this residential structure as housing for up to 12 individuals is out of character with uses and development in the area. STAFF RECOMMENDATION: Staff recommends denial of the application. 7 December 18, 2003 ITEM NO.: 3 (Cont.) FILE NO.: Z-7547 PLANNING COMMISSION ACTION: PEGEM-BfR-1-8 003) The applicants, Emanuel and Evirta Thompson, were present. There were several objectors present. A letter of opposition had been received from the John Barrow Neighborhood Association. Staff presented the item and a recommendation of denial. Emanuel Thompson addressed the Commission. He stated his was a Christian -based outreach program which was trying to provide its clients a structured program with an emphasis on work ethics, dignity, values and morals. Evirta Thompson stated The House of OBED was a faith -based organization designed to help persons coming out of the Department of Correction. She stated the organization was very structured. Ms. Thompson stated counselors would meet with the clients twice a week and would help them find jobs. Dr. Charles Williams, of Trumpet of Zion Church, described the use as a ministry. He spoke of the values of democracy, freedom and liberties. Dr. Williams stated The House of OBED would take no violent offenders or pedophiles. He stated the program was an outreach of his church. He stated the clients of The House of OBED were persons that deserved a second chance. Dr. Williams stated he had attended a meeting of the John Barrow Neighborhood Association and described it as "hostile". Commissioner Lowry stated that the ministry was well intentioned and good but the Commission must consider the effect it might have on the neighbors. He asked the applicant to provide more information about the program's structure. Evirta Thompson stated clients must seek employment, attend church, maintain the premises and attend twice -a -week meetings. Dr. Williams interjected that the clients are constantly monitored. Commissioner Adcock asked the applicant to define "non-violent" as it pertains to the residents. Dr. Williams responded that the residents would be non -"Y" felony offenders. During the following discussion, the applicants explained how they had begun operation of the program without first receiving approval from the City. The applicants stated that once they were informed that they were in violation, they moved the residents out of the house. Commissioner Rector stated the Commission must determine if this is the proper location for the proposed use. December 18, 2003 ITEM NO.: 3 (Cont.) FILE NO.: Z-7547 Commissioner Adcock asked why this particular site was chosen. Dr. Williams responded that drug use was prevalent in the area and it was felt that The House of OBED could be a positive influence on the neighborhood. In response to a question from Commissioner Allen, Ms. Thompson outlined the experience she and Mr. Thompson had as counselors and teachers. Commissioner Allen asked what qualification the house manager had. Dr. Williams responded that the house manager had "street -wise" experience. There was a brief discussion of the City of Faith correctional facility, located on S. Garfield Street, and its relationship to a nearby neighborhood. Commissioner Meyer asked if the number of residents could be reduced to make the use more acceptable. Dr. Williams responded by speaking again of the need for the service. Ms. Venda Houston, of 8320 West 39th Street, spoke in opposition. She voiced concerns about safety and suggested the applicants put the facility in their own neighborhood. Greg Durham, of 23605 Colonel Glenn Road, stated the house was too small and questioned whether the structure complied with building codes. He noted the substandard condition of West 39th Street. Mr. Durham stated the neighborhood had worked to eliminate the drug problem in the area. He stated he was sure the residents of the neighborhood loved America much as the applicant and they had the right to oppose this change. Allene Junior, of 3810 Zion Street, stated she worked with prisoners and did not want to live with them in the neighborhood. Nettie Smith, of 3909 Cobb Street, stated she had lived in the neighborhood since 1947 and the applicant did not have the courtesy to speak with the neighborhood residents. Doris Wright, president of the John Barrow Neighborhood Association, spoke in opposition. She made reference to the Neighborhood Action Plan. Ms. Wright noted the presence of the Sober Living facility in the neighborhood. She stated the residents of the neighborhood were compassionate people. Ms. Wright stated the residents of the neighborhood were not hostile at the neighborhood association meeting referenced by Dr. Williams. She stated accusations had been made about the Association and the residents had been vilified on the radio. Ms. Wright stated the neighborhood had the right to oppose the application. She also suggested that Dr. Williams locate the facility in his own neighborhood. 9 December 18, 2003 ITEM NO.: 3 Cont. FILE NO.: Z-7547 Ruth Bell, of the League of Women Voters of Pulaski County, stated the problem was the sheer number of persons proposed to live in the facility. Myra Durham, of 23605 Colonel Glenn Road, stated her mother lived next door to the proposed facility. She stated Dr. Williams could help the neighborhood by putting in a recreational facility for young people. Dr. Williams responded by stating that the statements made by the opponents were fabrications. Commissioner Williams asked if the applicant would be willing to reduce the number of persons living in the facility. He noted the definition of "family" indicated up to 4 unrelated persons sharing a home. Dr. Williams stated he would be willing to consider such. A motion was then made to approve the application, as filed. The motion was seconded. The vote was 0 ayes, 11 noes and 0 absent. The motion failed. 10 FILE NO.: Z-7547 NAME: The House of OBED —Conditional Use Permit LOCATION: 8223 West 39th Street OWNER/APPLICANT: Emanuel and Evirta Thompson PROPOSAL: A conditional use permit is requested to allow the use of this existing residence as a transitional living facility for 6 to 12 individuals. The property is zoned R-3. 1. SITE LOCATION: The property is located at the southeast corner of West 39th and Zion Streets, in the John Barrow Neighborhood. 2. COMPATIBILITY WITH NEIGHBORHOOD: All surrounding properties are zoned R-3 single-family residential. Several of the nearby lots are undeveloped although most of the properties contain single family homes. A city park is located one block to the northeast. In 1988, the Commission approved a PRD for a 16 lot "patio home" development for the block north of West 38th and east of Cobb Street. The PRD was never pursued to the Board. The immediate residential neighborhood is fragile and staff is concerned that inserting a use such as this into the neighborhood could have a detrimental effect on the area. Staff does not believe the proposed use is compatible with uses in the area. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the John Barrow Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: The site contains a gravel driveway and a carport which is wide enough for one vehicle. The applicant states there will only be two vehicles on the site most of the time; a "house" vehicle and the resident manager's vehicle. On Tuesday and Thursday nights, group meetings will be held and counselors will come to the site. Their two vehicles are proposed to be parked in the yard next to the carport/driveway. FILE NO.: Z-7547 Cont. 4. SCREENING AND BUFFERS: Development of any new vehicular use areas will require compliance with the City's Landscape Ordinance. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall or dense evergreen plantings are required along the eastern and southern perimeters of the site. 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely. affected. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: Approved as submitted. Water: Contact Central Arkansas Water regarding backflow prevention requirements and if larger or additional meter(s) are required. 3/ - inch is the largest meter available off the existing main. Also contact Central Arkansas Water to have the rate on the water account changed to commercial, if this property is converted to commercial use. Fire Department: Approved as submitted. County Planning: No Comments. CATA: No Comments received. A CATA bus route is indicated along Asher Avenue, 6 blocks to the south; along Potter and Katherine Streets, 3 blocks to the east; and along 36th Street, 3 blocks to the north. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 20, 2003) The applicants, Emanuel and Evirta Thompson, were present. Staff presented the item and noted additional information was needed on operation of the facility and number of clients. Staff questioned what other activities would be conducted at the facility, other than housing. Staff asked what the average length of stay would be and if the 4 employees would be officed at this site. Staff asked for 2 FILE NO.: Z-7547 (Cont. details on any proposed fencing and signage. Staff noted that the structure would have to be remodeled to comply with Building Code requirements for this type of occupancy. The applicant was asked to provide information on the number of vehicles that would be parked at the site. Utility and Landscape Comments were presented. The applicants were advised to respond to staff issues by November 26, 2003. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The R-3 zoned property located at 8223 West 39th Street is occupied by a one-story, frame, single-family residential structure. The structure is approximately 1,616 square feet in size and has an attached, one -car carport. A gravel driveway provides access from West 39th Street. The house contains 5 bedrooms, 2 full bathrooms, a kitchen, utility room and dining room/living room combination. A 6 -foot tall wood privacy fence is located along the rear property line and a 5t foot wire fence is located along the west property line. Both fences are on the adjacent properties. West 39th Street is a narrow, unimproved, chip -seal street with open drainage along the south side. The property is located in a neighborhood that is exclusively single family residential in the vicinity of this property. A city park is located one block to the northeast. A vacant lot is adjacent to the east and several blocks of undeveloped, wooded properties extend to the west of the site. Occupied, single-family homes are located across West 39th Street to the north as well as adjacent to the south. The applicant has submitted a proposal to utilize the property, as is, for a transitional housing facility for parolees coming out of the Arkansas Department of Corrections. On September 16, 2003, the Board of Directors passed Ordinance No. 18,939 requiring homeless shelters and facilities which provide residential treatment or temporary housing to obtain a conditional use permit prior to locating in any zone of the City's jurisdiction. That ordinance established the following criteria for the Planning Commission's review of such applications: (14) Separation, spacing and procedural requirements for homeless shelters and establishments of a religious, charitable or philanthropic organization or establishment for the care of alcoholic, narcotic or psychiatric patients which provide residential treatment or temporary housing 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 1,500 feet of the site for which the permit is requested. In addition to the development standards and review guidelines 3 FILE NO.: Z-7547 (Cont. established in Section 36-107. of this chapter, issues that the planning commission will consider during its review of such facilities include, but are not limited to:- a) o: a) Spacing of existing similar facilities b) Existing zoning and land use pattern c) The maximum number of individuals proposed to be served, the number of employees proposed and type of services being proposed. d) Provisions for readily accessible public or quasi -public transportation e) Access to support services such as social services agencies, employment agencies and medical service providers The applicant has submitted the following information in support of the proposal. APPLICANT'S PROPOSAL We are requesting a waiver from the R-3 zoning code in order to institute a housing facility for the Arkansas Department of Correction parolees. This Facility (housing) is located at 8223 W. 39th, Little Rock, AR 72205. This program will focus on after care services. This structured program will focus on providing the parolees with available resources and life skills. Also, the after care services will be provided by assisting the paroles with the transit system, living skills, counseling, anger management, social skills, criminal thinking errors including positive mind set, groups. The House of OBED will assist its clients in their efforts to be free of drugs, alcohol and criminal thinking by providing a structured environment with placing emphasis on work ethics, respect, discipline, morals and values, with an atmosphere of dignity and integrity. There are no plans for any physical changes to the property of The House of OBED. If for some reason a client leaves The House of OBED, during the night no staff will call the local law enforcement, but will notify his parole officer. The House of OBED has four (4) employees. Our Administrator Assistant is (Biaca Bush) who has an Associate Degree in Business Science/Computer Information Systems. Also she has ten (10) years clerical experience. The Program Manager (Juanice Bush -Thompson) has B.S./BAE, Secondary Education, 4 FILE NO.: Z-7547 (Co with eighteen (18) hours toward a Master of Psychology and 27 years experience in juvenile corrections and management. The Director is (Evirta Thompson) who has a degree in Business Education, she has eighteen (18) hours toward a Master in Learning Disabilities and 27 years experience in juvenile corrections/teaching. The Executive Director is (Emanuel Thompson) who has a degree in Elementary Education/BS and thirteen (13) years experience teaching, six (6) years experience in juvenile corrections. The Residential Manager (House man) will be appointed. The House of OBED has a car that is used to transport clients to medical appointments, jobs during the hours that buses are not running; to get the proper ID that's needed, to buy food; two (2) clients will be assigned to drive the car (with valid Arkansas license) everyone will not drive the car. These resources will provide the necessary tools to acclimate the parolees back into society and the community. The following documentation will be used to insure professionalism and to guide the parolees in their transition. A. Handbook which contains the rules, guide lines and goals; B. House cleaning schedules; C. Request for passes; D. Lease agreement; E. Sign in/out documents; F. Training/group documents; G. Receipts for rent; H. Folder documentation on each client; I. Car log: including drivers, mileage time, etc.; J. Head count document (early morning/curfew); K. Transit schedules for buses. This addendum is in reference to the planning staff comments at the meeting dated November 20, 2003, concerning THE HOUSE OF OBED. 1. The number of clients living in the'facility will be ten (10) no more than (12) twelve and no less than (6) six. The average length stay will be (6) six months at THE HOUSE OF OBED. 2. There will be NO services provided to individuals other than those living at the Facility. 5 NO.: Z-7547 (Cont. 3. The (4) four employees listed on the letter will not be located at this facility. There is no office in the facility. The office for THE HOUSE OF OBED is located at 1906 Breckenridge Dr. Little Rock, Arkansas. 4. There are (5) five bedrooms in THE HOUSE OF OBED. (1) one large master bedroom will house (3) three men; one bedroom which is almost as large as the master suite will house (2) two men; The (3) third bedroom will house (2) two men; The (4) fourth bedroom will house (2) two men; The (5) fifth room will house the house manager. There are (2) two full baths, both with showers and tubs. There is one (1) kitchen furnished with refrigerator, oven, microwave, coffee pot, etc. The utility room is furnished with a washer and dryer. This room is located in the hall between the kitchen and one of the bedrooms. There is a living room furnished with (2) two sofas and (1) sitting chair, coffee table, lamp, floor T.V. etc. The dining room is connected to the living room area. This room is separated by the tile floor and a wooden balancer. It is furnished with table and chairs. 5. There are NO parking needs at this time. THE HOUSE OF OBED car and the Residential Manager's car are the only vehicles that will reside at THE HOUSE OF OBED. Minister Lamont Aikens is the overseer and he works during the day. Minister Aikens is not associated with D.O.C. He is helping THE HOUSE OF OBED with the outreach ministry. He is one of the Ministers with the Covenant of Zion Church along with myself, Evirta Thompson; Emanuel Thompson; Juanice Bush and Biaca Bush, all are staff with THE HOUSE OF OBED. Dr. Charles E. Williams is our Ecclestical Covering located at 3023 West 12th Street in Little Rock, Arkansas. On Tuesday and Thursday nights we will have our meetings. At this time there will be (4) four cars on the premises (2) two of these will fit under the carport and (2) will fit in the yard next to the carport. At NO time will cars be parked on the street. The street is very narrow. 6. We have not proposed to replace fencing. The back of the yard has a wooden privacy fence that appears (6) six feet tall. There is a chain wire fence connected to the wooden fence running down the right side of the property which separates the property lines. There is no fence on the left side of house, only a vacant lot. The wire fence is about (5) five feet tall. A FILE NO.: Z-7547 (Cont. 7. There is NO proposed signage there will be NO signs placed on the property or in the yard at any time. (We have placed the fluorescent green sign on the house for NOTIFICATION PURPOSES. Staff is not supportive of the proposed use. With few exceptions, the surrounding neighborhood is entirely single family residential; either single family homes or vacant, single family lots. The exceptions within the 1,500 foot radius are a city park, 3 small churches, a corner of the 1-2 zoned former Borden Dairy plant, a portion of a vacant, MF -12 zoned tract and a portion of an as -yet undeveloped, POD zoned church site. The 1-2, MF -12 and POD zoned properties are located along Asher Avenue and John Barrow Road. There do not appear to be any similar facilities within the defined "neighborhood" but Sober Living, Inc., a residential drug and alcohol treatment facility, is located just outside of that perimeter, at 42nd and John Barrow. Residents of this proposed facility will not drive but rather, must depend on the assigned driver or on bus service which is located 3 blocks away. There is no immediate access to support services. Twice a week, counselors will arrive at the site for meetings, adding to the appearance of a non-residential use. Allowing the use of this residential structure as housing for up to 12 individuals is out of character with uses and development in the area. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (DECEMBER 18, 2003) The applicants, Emanuel and Evirta Thompson, were present. There were several objectors present. A letter of opposition had been received from the John Barrow Neighborhood Association. Staff presented the item and a recommendation of denial. Emanuel Thompson addressed the Commission. He stated his was a Christian -based outreach program which was trying to provide its clients a structured program with an emphasis on work ethics, dignity, values and morals. Evirta Thompson stated The House of OBED was a faith -based organization designed to help persons coming out of the Department of Correction. She stated the organization was very structured. Ms. Thompson stated counselors would meet with the clients twice a week and would help them find jobs. 7 FILE NO.: Z-7547 (Cont. Dr. Charles Williams, of Trumpet of Zion Church, described the use as a ministry. He spoke of the values of democracy, freedom and liberties. Dr. Williams stated The House of OBED would take no violent offenders or pedophiles. He stated the program was an outreach of his church. He stated the clients of The House of OBED were persons that deserved a second chance. Dr. Williams stated he had attended a meeting of the John Barrow Neighborhood Association and described it as "hostile". Commissioner Lowry stated that the ministry was well intentioned and good but the Commission must consider the effect it might have on the neighbors. He asked the applicant to provide more information about the program's structure. Evirta Thompson stated clients must seek employment, attend church, maintain the premises and attend twice -a -week meetings. Dr. Williams interjected that the clients are constantly monitored. Commissioner Adcock asked the applicant to define "non-violent" as it pertains to the residents. Dr. Williams responded that the residents would be non -"Y" felony offenders. During the following discussion, the applicants explained how they had begun operation of the program without first receiving approval from the City. The applicants stated that once they were informed that they were in violation, they moved the residents out of the house. Commissioner Rector stated the Commission must determine if this is the proper location for the proposed use. Commissioner Adcock asked why this particular site was chosen. Dr. Williams responded that drug use was prevalent in the area and it was felt that The House of OBED could be a positive influence on the neighborhood. In response to a question from Commissioner Allen, Ms. Thompson outlined the experience she and Mr. Thompson had as counselors and teachers. Commissioner Allen asked what qualification the house manager had. Dr. Williams responded that the house manager had "street -wise" experience. There was a brief discussion of the City of Faith correctional facility, located on S. Garfield Street, and its relationship to a nearby neighborhood. Commissioner Meyer asked if the number of residents could be reduced to make the use more acceptable. Dr. Williams responded by speaking again of the need for the service. Ms. Venda Houston, of 8320 West 39th Street, spoke in opposition. She voiced concerns about safety and suggested the applicants put the facility in their own neighborhood. FILE NO.: Z-7547 (Cont. Greg Durham, of 23605 Colonel Glenn Road, stated the house was too small and questioned whether the structure complied with building codes. He noted the substandard condition of West 39th Street. Mr. Durham stated the neighborhood had worked to eliminate the drug problem in the area. He stated he was sure the residents of the neighborhood loved America much as the applicant and they had the right to oppose this change. Allene Junior, of 3810 Zion Street, stated she worked with prisoners and did not want to live with them in the neighborhood. Nettie Smith, of 3909 Cobb Street, stated she had lived in the neighborhood since 1947 and the applicant did not have the courtesy to speak with the neighborhood residents. Doris Wright, president of the John Barrow Neighborhood Association, spoke in opposition. She made reference to the Neighborhood Action Plan. Ms. Wright noted the presence of the Sober Living facility in the neighborhood. She stated the residents of the neighborhood were compassionate people. Ms. Wright stated the residents of the neighborhood were not hostile at the neighborhood association meeting referenced by Dr. Williams. She stated accusations had been made about the Association and the residents had been vilified on the radio. Ms. Wright stated the neighborhood had the right to oppose the application. She also suggested that Dr. Williams locate the facility in his own neighborhood. Ruth Bell, of the League of Women Voters of Pulaski County, stated the problem was the sheer number of persons proposed to live in the facility. Myra Durham, of 23605 Colonel Glenn Road, stated her mother lived next door to the proposed facility. She stated Dr. Williams could help the neighborhood by putting in a recreational facility for young people. Dr. Williams responded by stating that the statements made by the opponents were fabrications. Commissioner Williams asked if the applicant would be willing to reduce the number of persons living in the facility. He noted the definition of "family" indicated up to 4 unrelated persons sharing a home. Dr. Williams stated he would be willing to consider such. A motion was then made to approve the application, as filed. The motion was seconded. The vote was 0 ayes, 11 noes and 0 absent. The motion failed.