HomeMy WebLinkAboutZ-7994 Staff AnalysisApril 13, 2006
EM NO.: C FILE NO.: Z-7994
NAME: Quality Living Center — Group Home —
Special Use Permit
LOCATION: 3925 Asher Avenue
OWNER: Bill Rush
APPLICANT: Dino Davis
PROPOSAL: A special use permit is requested to allow use of the
existing commercial building on C-4 zoned property
as a group home for up to 60 persons.
A. Public Works Comments:
No Comments.
B. Public Notification:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the Midway, Goodwill and
Love Neighborhood Associations were notified of the public hearing. As
of this writing, staff knows of no opposition to the proposed special use
permit.
C. Staff Analysis:
3925 Asher Avenue is located at the southeast corner of Asher Avenue
and Cedar Street. The property contains a two-story commercial building,
which fronts Asher Avenue. There is paved parking along the west and
south sides of the building, with an entry drive at the southwest corner of
the property. There is currently a motorcycle sales/service business
located on the property.
The general area contains a mixture of zoning and uses. There is a
mixture of office and commercial type uses to the east, west and north
along Asher Avenue. There are single family and two-family residential
uses located further north. Industrial uses (zoned 1-2) are located to the
south.
The applicant, Quality Living Center, proposes to utilize the existing 6,000
square foot commercial building as a group home. The residential facility
will serve as a transitional living facility and provide chemical free living for
up to 60 persons (male and female). The applicant notes that the
proposed group home will comply with Section 8-406 of the City code,
April 13, 2006
kUZIJi10Eel iMOTTiIa
FILE NO.: Z-7994
which provides minimum area living and bedroom requirements for
residential uses. Quality living center will have two (2) live-in employees
who will have bedroom and office space on the building's second floor.
There will be three (3) additional off-site employees. Clients in the
program will also assist in the day-to-day operation of the facility. There
will be classes and counseling provided on the site. A copy of the Quality
Living Center business description and proposed daily schedule have
been provided and are attached for Commission review.
The site is located on CATA Bus Route #14 (Rosedale Route). This route
runs from Downtown Little Rock to Shackleford Road. The applicant
notes that the clients will have access to the bus route, with some limited
transportation provided by the center. After satisfactory progression in
Quality Living Center's program, clients will be allowed to have personal
vehicles. There are 15 off-street parking spaces located on the property.
The number of clients allowed to have personal vehicles will not exceed
the number of available off-street parking spaces.
Quality Living Center will provide 24 hour monitoring of the property.
There will be on-site staff members available 24 hours per day to assist in
any potential problems. The Center will install surveillance cameras to
provide continuous monitoring of the building and property.
There will be one (1) main entrance and exit to the building. A sign -in and
out area will be available for clients and visitors to the facility. Emergency
exit doors will be available and secured with an alarm system to alert staff
of any unauthorized entrance or exit of the building. The center will
comply with all policies and procedures concerning fire safety codes.
Quality Living Center is a 501(c)3 non-profit organization and will apply for
a state license for the facility from the Arkansas Department of Alcohol
Prevention. The center will operate with an outside board of five (5)
directors, including local business owners and community leaders.
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:
(4) 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
2
April 13, 2006
ITEM NO.: C (Cont.) FILE NO.: Z-7994
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
or 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 board 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 is one (1) other similar use and three
(3) other types of residential facilities within 1,500 feet of the property.
Quality Living Center has an existing facility at 2900 Cedar Street (across
3
April 13, 2006
ITEM NO.: C_ (Cont.) _ FILE NO.: Z-7994
Cedar Street to the west), which provides chemical free living for 10 to 15
persons. The Magnolia Retirement and Disability Center (assisted living
center) is located 3601 W. Roosevelt Road. The Compassion Center
(homeless shelter) is located within the 3600 block (north side) of West
Roosevelt Road. The Easter Seals/St. Francis Home facility (residential
facility) is located at 2701 S. Elm Street. The Serenity Recovery Center is
located at 3921 Asher Avenue. This center only provides counseling -type
needs and is not a residential facility.
To staff's knowledge, there are no outstanding issues associated with this
application. Staff believes this proposed group home facility will operate
in conformance with the provides of Section 36-54 of the Zoning
Ordinance. The applicant has requested no variances from those
provisions. The site is located on Asher Avenue, which is classified as a
principal arterial by the City's Master Street Plan. As noted previously, the
site is located on a major CATA bus route. The applicant submitted a
copy of the Bill of Assurance for this property. The Bill of Assurance was
recorded in 1914 and addresses no use issues. As noted previously, the
applicant has noted that the facility will conform with Sections 8-406(a)
(minimum area per dwelling unit) and 8-406(b) (minimum area per
bedroom) of the City's Buildings and Building Regulations Ordinance.
Staff believes the proposed group home will have no adverse impact on
the general area.
D. SUBDIVISION COMMITTEE COMMENT: (MARCH 23, 2006)
Dino Davis and Curtis Keith were present, representing the application.
Staff briefly described the proposed group home use. Staff requested
additional information on the proposed group home, including: area of
structure/area of bedrooms, maximum number of clients, number of
employees, services provided, and transportation/parking.
The applicant was advised to respond to staff issues by March 29, 2006,
The Committee then forwarded the application to the full Commission.
After the Subdivision Committee meeting, the applicant provided staff with
all additional information as requested.
E. Staff Recommendation:
Staff recommends approval of the special use permit to allow a group
home at 3925 Asher Avenue, subject to the following conditions:
1. Compliance with the ordinance requirements as found in Section
36-54(e)(4) of the City's Zoning Ordinance.
2. The group home will have a maximum of 60 residents.
2
April 13, 2006
ITEM NO.: C (Cont.) FILE NO.: Z-7994
3. All building code requirements must be met, with conversion of the
structure to a residential facility.
PLANNING COMMISSION ACTION:
(MARCH 2, 2006)
Staff informed the Commission that the applicant requested (on February 9,
2006) the application be deferred to the April 13, 2006 Agenda. Staff supported
the deferral request.
The item was placed on the Consent Agenda and deferred to the April 13, 2006
Agenda. The vote was 10 ayes, 0 nays and 1 absent.
PLANNING COMMISSION ACTION: (APRIL 13, 2006)
The applicant was present. There were no objectors present and no letters of
opposition had been received. Staff presented the item and a recommendation
of approval subject to compliance with the conditions in the "Staff
Recommendation" above. There was no further discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff. The vote was 8 ayes, 0 noes and 3 absent.
5
SUBDIVISION COMMITTEE CONIlVIENTS
�3 MARCH 23, 2006
ITEM NO.: _C QUALITY LIVING CENTER —TRANSITIONAL LIVING FACILITY
SPECIAL USE PERMIT — 3925 AIWER AVENUE (Z-7994)
s4
Planning Staff Comments:
1. Provide total area of structure to be devoted to transitional living facility use.
2. Provide total area of structure to be used for sleeping/bedroom quarters.
3. What is the total number of clients the facility will serve?
4. Provide maximum number of live-in employees and off-site employees.
5. Provide descriptions of all services that will be available to the clients at this facility.
6. Will clients be allowed to have personal vehicles parked at this location, or will all transportation be
provided by the facility?
7. With conversion of structure to residential facility, all building code requirements must be met. Contact
Mark Whitaker at 371-4839 for details.
8. The site is located on CATA bus route # 14 (Rosedale Route). This route runs from Downtown Little Rock
to Shackleford Road.
Variance/Waivers:
• None requested.
Public Works:
1. No Comments.
Utilities and. Fire Department/Cyunty Planning_
Wastewater: No Comments.
Entergy: No Comments.
Centerpoint Energy: No Comments.
Southwestern Bell: No Comments.
Water: No Comments.
Fire Department: If the special use permit is approved, the Little Rock Fire Marshall will also have to approve the
use of the structure as a residential facility.
County Planning: No Comments.
CATA: No Comments.
Planning Division: No Comments.
Laiidscape: No Comments.
Other: Submit additional information as requested to staff no later than Wednesday Feb , 2006.
-4A,---- O -e