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HomeMy WebLinkAboutZ-7744-A Staff AnalysisFILE NO.: Z -7744-A NAME: Under Grace Ministries Parolee Housing Facility — Special Use Permit LOCATION: 10905 West Markham Street OWNER: Tisdale Properties and Development, LLC APPLICANT: Under Grace Ministries, Inc./Randy Frazier PROPOSAL: A Special Use Permit is requested to allow a Parolee Housing Facility to be operated in the existing structure located on the C-3 zoned property at 10905 West Markham 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 Birchwood Neighborhood Association were notified of the public hearing. B. Public Works Issues: 1. Markham Street is classified on the Master Street Plan as a minor arterial with special design standards. A dedication of right-of-way thirty-five (35) feet from centerline will be required. 2. The structure is located within the 100 -year floodplain of Rock Creek. C. Staff Analvsis: 10905 West Markham Street is located on the south side of West Markham Street, west of Shackleford Road. A one-story apartment building (Hidden Creek Senior Apartments) currently occupies the site. The building is located near the center of the site. There is paved parking on the north side of the building. Two (2) drives from West Markham Street (one entry only, one exit only) serve as vehicular access to the site. A gravel driveway extends along the west side of the building and leads to a service area at the southwest corner of the building. There are two (2) small accessory storage buildings in the rear yard area. The properties to the north, east and west are zoned C-3 and contain a mixture of commercial uses, including restaurants, retail and hotel/motel uses. The property immediately south is zoned OS to recognize a FILE NO.: Z -7744-A {Cont. floodway area. The Birchwood single-family neighborhood is located across the floodway further south. The applicant, Under Grace Ministries, proposes to utilize the existing apartment structure as a Parolee Housing Facility. The facility will have an initial occupancy of approximately ten (1 0) residents with a gradual increase of up to sixty (60). The residents will be required to pay rent to live at the Center and will be housed in apartment units in the same configuration as the units presently exist. They may reside at the Center for up to two (2) years. The program for the residents is voluntary and the residents may leave the program at any time on their own volition or Under Grace Ministries may remove them from the program if they are not complying with its requirements or are not paying rent. The applicant provided the following additional information with respect to operation of the facility: "The Center will work in collaboration with the Department of Community Corrections ("DCC") and local colleges to offer residents of the Center the opportunity to become better citizens and family members by furthering their education, enhancing their life skills and participating in community development. Residents of the Center will include both men and women but will not include violent criminal offenders or sex offenders. They will be selected using a thorough process which will include personal interviews, vocational assessments, psychological assessments, and performance in the DCC. The programs at the Center will include mandatory employment, participation in twelve -step recovery, attendance of process group meetings, participation in Celebrate Recovery, and pursuit of spiritual education and life skills classes. A high school diploma or equivalency will be required for acceptance into the program and residents will be expected to pursue a higher education." "Under Grace Ministries intends to make some renovations to the existing apartment building on the property. Some renovations may require permits from the City of Little Rock, but there will be no increase in the size of the building or other improvements constructed on the property." Section 36-54(e)(4) of the City's Zoning Ordinance provides the following provisions, as adopted by the Board of Directors on September 6, 2005: (4) family care facility, group care facility, group home, parolee or probationer housing facility, rooming, lodging and boarding facility. 2 FILE NO.: Z -7744-A (Cont. (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 (1,560) feet of the site for which the permit is (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. 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. 3 FILE NO.: Z -7744-A (Cont. (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 similar residential -type facilities within 1,500 feet of the property. The site is located on CATA Bus Route #5 (Vilest Markham Route). Additionally, the applicant has not submitted bill of assurance information for this property. At the May 13, 2010 Subdivision Committee meeting the applicant was asked to provide information with relation to the total number of paved parking spaces which exist on the site. As of this writing, the applicant has failed to submit the requested information. 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. Section 8-406(b) (minimum area per bedroom) requires 70 square feet for the first occupant and 50 square feet for each additional occupant. Staff is unsure as to whether the applicant's plans for resident occupancy will comply with these ordinance standards. Staff is not supportive of the requested special use permit to allow a parolee housing facility at 10905 West Markham Street. Staff does not feel that this will be an appropriate location for this type of residential facility. The property is located in an area of commercial zoning, with surrounding uses including retail, restaurant and hotel/motel. Staff believes that if the Hidden Creek Senior Apartments were to close, commercial redevelopment of this property would be most appropriate. Staff also has concerns with the total (50) number of persons proposed to live in this facility. Staff is unsure as to whether the individual apartment units are large enough to house this many residents. Additionally, staff does not know whether the site contains enough paved parking to serve the proposed residential use. Staff's overall concern is that this property is not an appropriate location for this type and size of parolee housing facility. D. Subdivision Committee Comments: (May 13, 2010) Paul Chapman and Randy Frazier were present, representing the application. Staff briefly described the proposed special use permit. In response to questions from staff, Mr. Chapman noted that the facility would include 23 apartment units with two (2) employees. In response to a question from the Committee, it was noted that Under Grace Ministries E FILE NO.: Z -7744-A Cont. would purchase the property. The Public Works Comments were discussed, in particular floodplain issues. Randy Frazier made comments to the Committee, noting that Under Grace Ministries should not have to go through the Special Use Permit process for the proposed use. After the 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 parolee housing facility at 10905 West Markham Street. PLANNING COMMISSION ACTION: (JUNE 3, 2010) Randy Frazier, Paul Chapman, Warren Woodham, Drew Baker, and Mike Robinson were present, representing the application. There were two (2) objectors present. Staff presented the application with a recommendation of denial. Randy Frazier addressed the Commission in support of the application. He explained that the proposed use did not fit the definition of parolee housing facility, and reviewed the definition. He explained that persons living in this facility would be through the Department of Community Corrections, and noted that he felt the proposed use did not need a special use permit. Tom Carpenter noted that parolees of the Department of Community Corrections were through the Department of Corrections. This issue was briefly discussed. Randy Frazier made additional comments in support of the application. He explained that this was an appropriate location for the proposed use, which would be as apartment -type use. He noted that none of the residents would be violent or sex offenders. He stated that anyone could rent an apartment at this location. Warren Woodham also spoke in support. He explained the history of Under Grace Ministries and its programs. He explained specifics about the proposed use, and who would be involved in the program. He explained that this was an ideal location for the proposed use, with commercial uses in the area for employment and a bus route. Drew Baker also spoke in support. He explained that this was a good location for the proposed use. He noted that this type of transitional residential facility was needed. He explained that the typical resident was a drug offender. 5 FILE NO.: Z -7744-A Cont.) Jacob Chi addressed the Commission in opposition. He noted that his family owned several businesses in the area. He explained that the parolee housing facility was not an appropriate use of the area. He noted the use should be located at a quieter location with little traffic. Steven Hester, representing Shotgun Dan's restaurant, also spoke in opposition. He explained that Shotgun Dan's had been there for 25 years. He explained that the current use of the property was senior apartments, and the proposed use was largely different and not appropriate for the area. Mr. Frazier explained that the facility will be a controlled environment. He noted that the property was probably not viable for a future commercial use. He explained that the proposed parolee housing facility was a good use for the property. Commissioner Changose asked about the issue of separation of uses. Tony Bozynski, Director of Planning and Development, noted that there were no similar uses in the area. Commissioner Changose asked if Under Grace Ministries had an alternate location for the proposed facility. Mr. Woodham stated that there was no alternate location. Commissioner Rector asked about specifics of the program and if they were conditions of the application. Mr. Frazier briefly discussed the proposed program. Commissioner Nunnley asked if there would be on-site supervision. Mr. Woodham stated that there would be supervision. Commissioner Laha asked if any of the persons representing the application lived within one-quarter mile of the property. None of the applicants responded. There was additional discussion of the proposed use. There were additional comments related to security and number of employees. Dale Shopp noted that he would be director of the facility and that he would be one (1) of three (3) employees at the facility. There was additional discussion related to the Department of Corrections and what conditions would be placed on the application. Commissioner Changose explained that the specifics of the program should be conditions of the application. Commissioner Devine explained that the property would function as an apartment complex for parolees with conditions and supervision of the Department of Community Corrections and Under Grace Ministries. Commissioner Nunnley commented on the concentration of parolees at one (1) location. no FILE NO.: Z -7744-A Cont. Chairman Yates asked how many units were in the building. Mr. Frazier stated that there were 23 apartment units. Chairman Yates asked if there was sufficient parking on the site. Staff stated that the ordinance required 34 parking spaces and that the applicant had committed to providing the appropriate parking spaces if they did not currently exist. There was a motion to approve the special use permit application. The motion failed by a vote of 1 aye, 8 nays, 1 absent and 1 abstention (Smith). 7 June 3, 2010 ITEM NO.: 3 FILE NO.: Z -7744-A NAME: Under Grace Ministries Parolee Housing Facility — Special Use Permit LOCATION: 10905 West Markham Street OWNER: Tisdale Properties and Development, LLC APPLICANT: Under Grace Ministries, Inc./Randy Frazier PROPOSAL: A Special Use Permit is requested to allow a Parolee Housing Facility to be operated in the existing structure located on the C-3 zoned property at 10905 West Markham 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 Birchwood Neighborhood Association were notified of the public hearing. B. Public Works Issues: 1. Markham Street is classified on the Master Street Plan as a minor arterial with special design standards. A dedication of right-of-way thirty-five (35) feet from centerline will be required. 2. The structure is located within the 100 -year floodplain of Rock Creek, C. Staff Analysis: 10905 West Markham Street is located on the south side of West Markham Street, west of Shackleford Road. A one-story apartment building (Hidden Creek Senior Apartments) currently occupies the site. The building is located near the center of the site. There is paved parking on the north side of the building. Two (2) drives from West Markham Street (one entry only, one exit only) serve as vehicular access to the site. A gravel driveway extends along the west side of the building and leads to a service area at the southwest corner of the building. There are two (2) small accessory storage buildings in the rear yard area. The properties to the north, east and west are zoned C-3 and contain a mixture of commercial uses, including restaurants, retail and hotel/motel uses. The property immediately south is zoned OS to recognize a floodway area. The Birchwood single-family neighborhood is located across the floodway further south. June 3, 2010 ITEM NO: 3 Cont.) FILE NO.: Z -7744-A The applicant, Under Grace Ministries, proposes to utilize the existing apartment structure as a Parolee Housing Facility. The facility will have an initial occupancy of approximately ten (10) residents with a gradual increase of up to sixty (60). The residents will be required to pay rent to live at the Center and will be housed in apartment units in the same configuration as the units presently exist. They may reside at the Center for up to two (2) years. The program for the residents is voluntary and the residents may leave the program at any time on their own volition or Under Grace Ministries may remove them from the program if they are not complying with its requirements or are not paying rent. The applicant provided the following additional information with respect to operation of the facility: "The Center will work in collaboration with the Department of Community Corrections ("DCC") and local colleges to offer residents of the Center the opportunity to become better citizens and family members by furthering their education, enhancing their life skills and participating in community development. Residents of the Center will include both men and women but will not include violent criminal offenders or sex offenders. They will be selected using a thorough process which will include personal interviews, vocational assessments, psychological assessments, and performance in the DCC. The programs at the Center will include mandatory employment, participation in twelve -step recovery, attendance of process group meetings, participation in Celebrate Recovery, and pursuit of spiritual education and life skills classes. A high school diploma or equivalency will be required for acceptance into the program and residents will be expected to pursue a higher education." "Under Grace Ministries intends to make some renovations to the existing apartment building on the property. Some renovations may require permits from the City of Little Rock, but there will be no increase in the size of the building or other improvements constructed on the property." Section 36-54(e)(4) of the City's Zoning Ordinance provides the following provisions, as adopted by the Board of Directors on September 6, 2005: (4) family care facility, group care facility, group home, parolee or probationer housing facility, rooming, lodging and boarding facility. 4 June 3, 2010 EM NO: 3 (Cont. FILE NO.: Z -7744-A (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 (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. 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. 3 June 3, 2010 ITEM NO: 3 (Cont. FILE NO.: Z -7744-A According to an area survey, there are no other similar residential -type facilities within 1,500 feet of the property. The site is located on CATA Bus Route #5 (West Markham Route). Additionally, the applicant has not submitted bill of assurance information for this property. At the May 13, 2010 Subdivision Committee meeting the applicant was asked to provide information with relation to the total number of paved parking spaces which exist on the site. As of this writing, the applicant has failed to submit the requested information. 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. Section 8-406(b) (minimum area per bedroom) requires 70 square feet for the first occupant and 50 square feet for each additional occupant. Staff is unsure as to whether the applicant's plans for resident occupancy will comply with these ordinance standards. Staff is not supportive of the requested special use permit to allow a parolee housing facility at 10905 West Markham Street. Staff does not feel that this will be an appropriate location for this type of residential facility. The property is located in an area of commercial zoning, with surrounding uses including retail, restaurant and hotel/motel. Staff believes that if the Hidden Creek Senior Apartments were to close, commercial redevelopment of this property would be most appropriate. Staff also has concerns with the total (60) number of persons proposed to live in this facility. Staff is unsure as to whether the individual apartment units are large enough to house this many residents. Additionally, staff does not know whether the site contains enough paved parking to serve the proposed residential use. Staff's overall concern is that this property is not an appropriate location for this type and size of parolee housing facility. D. Subdivision Committee Comments: (May 13, 2010) Paul Chapman and Randy Frazier were present, representing the application. Staff briefly described the proposed special use permit. In response to questions from staff, Mr. Chapman noted that the facility would include 23 apartment units with two (2) employees. In response to a question from the Committee, it was noted that Under Grace Ministries would purchase the property. The Public Works Comments were discussed, in particular floodplain issues. Randy Frazier made comments to the Committee, noting that Under Grace Ministries should not have to go through the Special Use Permit process for the proposed use. 4 June 3, 2010 ITEM NO: 3 Cont. FILE NO.: 7-7744-A After the 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 parolee housing facility at 10905 West Markham Street. PLANNING COMMISSION ACTION: (JUNE 3, 2010) Randy Frazier, Paul Chapman, Warren Woodham, Drew Baker, and Mike Robinson were present, representing the application. There were two (2) objectors present. Staff presented the application with a recommendation of denial. Randy Frazier addressed the Commission in support of the application. He explained that the proposed use did not fit the definition of parolee housing facility, and reviewed the definition. He explained that persons living in this facility would be through the Department of Community Corrections, and noted that he felt the proposed use did not need a special use permit. Tom Carpenter noted that parolees of the Department of Community Corrections were through the Department of Corrections. This issue was briefly discussed. Randy Frazier made additional comments in support of the application. He explained that this was an appropriate location for the proposed use, which would be as apartment -type use. He noted that none of the residents would be violent or sex offenders. He stated that anyone could rent an apartment at this location. Warren Woodham also spoke in support. He explained the history of Under Grace Ministries and its programs. He explained specifics about the proposed use, and who would be involved in the program. He explained that this was an ideal location for the proposed use, with commercial uses in the area for employment and a bus route. Drew Baker also spoke in support. He explained that this was a good location for the proposed use. He noted that this type of transitional residential facility was needed. He explained that the typical resident was a drug offender. Jacob Chi addressed the Commission in opposition. He noted that his family owned several businesses in the area. He explained that the parolee housing facility was not an appropriate use of the area. He noted the use should be located at a quieter location with little traffic. June 3, 2010 ITEM NO: 3 (Cont.) FILE NO.: Z -7744-A Steven Hester, representing Shotgun Dan's restaurant, also spoke in opposition. He explained that Shotgun Dan's had been there for 25 years. He explained that the current use of the property was senior apartments, and the proposed use was largely different and not appropriate for the area. Mr. Frazier explained that the facility will be a controlled environment. He noted that the property was probably not viable for a future commercial use. He explained that the proposed parolee housing facility was a good use for the property. Commissioner Changose asked about the issue of separation of uses. Tony Bozynski, Director of Planning and Development, noted that there were no similar uses in the area. Commissioner Changose asked if Under Grace Ministries had an alternate location for the proposed facility. Mr. Woodham stated that there was no alternate location. Commissioner Rector asked about specifics of the program and if they were conditions of the application. Mr. Frazier briefly discussed the proposed program. Commissioner Nunnley asked if there would be on-site supervision. Mr. Woodham stated that there would be supervision. Commissioner Laha asked if any of the persons representing the application lived within one-quarter mile of the property. None of the applicants responded. There was additional discussion of the proposed use. There were additional comments related to security and number of employees. Dale Shopp noted that he would be director of the facility and that he would be one (1) of three (3) employees at the facility. There was additional discussion related to the Department of Corrections and what conditions would be placed on the application. Commissioner Changose explained that the specifics of the program should be conditions of the application. Commissioner Devine explained that the property would function as an apartment complex for parolees with conditions and supervision of the Department of Community Corrections and Under Grace Ministries. Commissioner Nunnley commented on the concentration of parolees at one (1) location. Chairman Yates asked how many units were in the building. Mr. Frazier stated that there were 23 apartment units. Chairman Yates asked if there was sufficient parking on the site. Staff stated that the ordinance required 34 parking spaces N June 3, 2010 NO: 3 (Cont. FILE NO.: Z -7744-A and that the applicant had committed to providing the appropriate parking spaces if they did not currently exist. There was a motion to approve the special use permit application. The motion failed by a vote of 1 aye, 8 nays, 1 absent and 1 abstention (Smith). 7