HomeMy WebLinkAboutZ-8064 Staff AnalysisAugust 17, 2006
ITEM NO.:C FILE NO.: Z-8064
NAME: Rhoten Group Home — Special Use Permit
LOCATION: 2518 S. Maple Street
APPLICANT: Billie Faucette Rhoten
OWNER: Billie Faucette Rhoten
PROPOSAL: A special use permit is requested to allow use of the
existing single family structure on R-3 zoned property
as a group home for 11 residents and one (1) live-in
house manager.
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 Love, Goodwill, Midway
and Stephens Area Faith Neighborhood Associations were notified of the
public hearing.
B. Staff Analysis:
2518 S. Maple Street is located on the west side of S. Maple Street, north
of Asher Avenue. The property contains a one-story frame single family
residential structure. There appears to be additional living space within
the attic area, as there are exterior steps on the south side of the
structure. There is a driveway at the southeast corner of the property
which is shared with the property at 2522 S. Maple Street. There is one
(1) off-street parking space on this property. There is also a partially
paved alley right-of-way along the west property line.
The general area contains a mixture of zoning and uses. There are single
family residential structures to the north, east and west. There is one (1)
single family structure to the south, with a mixture of residential, office and
commercial type uses along Asher Avenue further south.
The applicant, Billie Faucette Rhoten, proposes to utilize the existing
1,662 square foot structure as a group home. The residential facility will
serve as a transitional living facility and provide chemical free living for 11
female residents. The facility will have one (1) live-in house manager,
who will reside in one (1) of three (3) bedrooms. Each of the three (3)
bedrooms will have four (4) beds.
August 17, 2006
ITEM NO: C CONT FILE NO.: Z-8064
The typical resident has completed drug rehab. There will also be
residents who come from off the street who were involved in bad
environments and have decided to change their lives. Treatment services
will be provided to the residents off-site. Each resident will have three (3)
mandatory meetings to attend each week. A copy of the House Rules and
Standards has been provided and are attached for Commission review.
The site is not located on a CATA bus route. Bus Route #14 (Rosedale
Route) runs along W. Roosevelt Road, approximately two (2) blocks to the
south. Route #16 (UALR Route) runs along West 25th and Lewis Streets,
approximately five (5) blocks to the west. The applicant notes that
residents will be allowed to own vehicles. Currently there are no residents
with vehicles.
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:
1. 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:
Spacing of existing similar facilities.
2
August 17, 2006
ITEM NO: C�CCNT) FILE Na.: Z-8064
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 are six (6) other residential facilities
within 1,500 feet of the property. There are approximately 600 available
beds within these facilities. These facilities are as follows:
St. Francis House — 2701 S. Elm Street
Homeless shelter for 40 — 50 veterans.
2. Dino Davis — 2900 Cedar Street
Chemical -free living facility for 10-15 residents.
3. Dino Davis — 3925 Asher Avenue
Chemical -free living facility for up to 60 residents.
4. Compassion Center for Women — 4210 Asher Avenue
Homeless shelter for up to 43 women.
5. Compassion Center for Men — 3618 West Roosevelt Road
Homeless shelter for 200-250 men
6. Magnolia Retirement Facility — 3601 West Roosevelt Road
Living facility for up to 183 retired or disabled persons.
3
August 17, 2006
ITEM NO: C(CONT) FILE NO.: Z-8064
As noted previously, there are three (3) bedrooms in the residential facility,
with four (4) beds in each bedroom. The areas of the bedrooms are as
follows:
Bedroom 1 — 139 square feet
Bedroom 2 — 140 square feet
Bedroom 3 — 367 square feet
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 12 persons is
1,250 square feet. As noted earlier the residential structure contains
1,662 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. Each
bedroom is required a minimum of 220 square feet for four (4) occupants.
Bedrooms 1 and 2 contain 139 and 140 square feet respectively, as noted
above.
The applicant submitted a copy of the bill of assurance for this
neighborhood, which was recorded in 1901. The bill of assurance is
handwritten and not completely legible. It likely contains no use issues.
Staff is not supportive of the requested special use permit to allow a group
home at 2518 S. Maple Street. Based on the survey which staff
conducted of the area within 1,500 feet of the site, staff feels that there
has been a proliferation of residential living facilities within this area in
recent years. Staff feels that approximately 600 available beds within this
area is a maximum number for this neighborhood (1,500 foot radius).
Additionally, two (2) of the three (3) bedrooms do not conform to the
minimum required area of Section 8-406(b), as noted above. Staff feels
the applicant should seek another location for the proposed group home,
in a neighborhood area which contains a smaller number of residential
living facilities.
C. SUBDIVISION COMMITTEE COMMENT: (JUNE 15, 2006)
Al Cross was present, representing the application. Staff briefly described
the proposed group home, noting that much additional information was
needed on the proposed use. Mr. Cross indicated the required
information would be submitted to staff. Mr. Cross noted that the group
home had been at this address for approximately one (1) year.
V
August 17, 2006
ITEM NO:C (CONT) _ FILE NO.: Z-8064
Staff noted that a survey was being done to identify all living facilities
within 1,500 feet of the site. This issue was briefly discussed.
After the discussion, the Committee forwarded the application to the full
Commission for resolution.
D. Staff Recommendation:
Staff recommends denial of the requested special use permit to operate a
group home at 2518 S. Maple Street.
PLANNING COMMISSION ACTION: (JULY 6, 2006)
Staff informed the Commission that the applicant submitted a letter on July 3,
2006 requesting the application be deferred to the August 17, 2006 Agenda. Staff
supported the deferral request.
With a vote of 9 ayes, 0 nays, and 2 absent, the Commission voted to waive their
bylaws and accept the request for deferral being less than five (5) days prior to
the public hearing.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the August 17, 2006 Agenda. A motion to that
effect was made. The motion passed by a vote of 9 ayes, 0 nays, and 2 absent.
The application was deferred.
PLANNING COMMISSION ACTION:
(August 17, 2006)
Billie Rhoten and Al Cross were present representing the application. There
was one (1) person present in opposition. Staff presented the
application with a recommendation of denial. Items C (Z-8064) and
D ( Z-8065) were discussed simultaneously.
Billie Rhoten addressed the Commission in support of the applications. She
presented signatures from neighbors who supported the applications.
Commissioner Meyer asked if the applicants had any other group homes.
Ms. Rhoten stated that she did not. Mr. Cross stated that he had a facility
in the downtown area at 3`d and Izard Streets. Mr. Cross gave an additional
description of the proposed group home. In response to a question from the
Commission, he stated that there will be no additional remodeling of the
structure on Maple Street.
k
August 17, 2006
ITEM NO:C (CO
FILE NO.: Z-8064
There was a general discussion of the number of beds proposed for each
facility. Ms. Rhoten and Mr. Cross amended the applications to reduce the
number of beds in each unit to conform with section 8-406 of the City Code.
The number of beds was reduced to eight (8) for 2518 S. Maple Street and
twelve (12) for 2522 S. Maple Street.
There was additional discussion related to the number of other residential
facilities in the area. There was a brief discussion of the state requirements
and application process for group homes. The type of persons who will reside
in the facilities was briefly discussed.
Commissioner William asked what type of uses were considered by staff in
surveying the area within 1,500 feet for similar uses. Staff explained that
transitional residential facilities were considered. The issue was discussed.
Ruth Bell addressed the Commission in opposition. She discussed the issue
of too many residential facilities in a neighborhood area. She noted that the
recent ordinance review with respect to this type of use was a very involved
process.
Dana Carney, of the Planning Staff, explained the ordinance in relation to
transitional living facilities and the separation issue. He explained that the
ordinance does not impose a separation requirement, but is a guide by which
to consider the separation issue. He further explained staff's opinion of the
separation issue.
Commissioner Williams made additional comments about the separation issue
with respect to the types of facilities which should be considered.
There was a brief discussion of the types of facilities in the area for women.
Commissioner Meyer briefly discussed the issue of where group homes were
located in the city.
City Director Pugh addressed the Commission. She stated that did not oppose
the proposed group homes if they were well run facilities. Ms. Rhoten and
Mr. Cross made brief additional comments.
There was a motion to approve the Special Use Permit for 2518 S. Maple Street
(Item C -Z-8064), subject to the following additions:
1. Compliance with Section 36-54 (e)(4) of the City's Zone Ordinance.
2. Billie Faucette Rhoten must maintain ownership of the property and
operation of the group home.
3. There is to be a maximum of eight (8) persons living in the facility.
0
August 17, 2006
lug MANOXOWGIS]
FILE NO.: Z-8
In response to a question from the Commission, Staff noted a continued
recommendation of denial of the applications. The motion passed by a vote
of 10 ayes, 0 nays, and 1 absent. The revised application was approved.
There was a second motion to approve the Special Use Permit for 2522
S. Maple Street (Item D -Z-8065), subject to the following conditions:
1. Compliance with Section 36-54 (e)(4) of the City's Zoning
Ordinance.
2. Billie Faucette Rhoten must maintain ownership of the property and
Al Cross must maintain operation of the group home.
3. There is to be no more than twelve (12) persons living in the facility.
The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The
application was approved.
7