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HomeMy WebLinkAboutZ-8065 Staff AnalysisAUGUST 17, 2006 ITEM NO.: D NAME: LOCATION: APPLICANT: OWNER: FILE NO.: Z-8065 Cross Group Home — Special Use Permit 2522 S. Maple Street Al Cross 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 13 residents and two (2) live-in house managers. 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 Analvsis: 2522 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 is a one -car wide driveway at the southeast corner of the property. There is also a driveway at the northeast corner of the property which is shared with the property at 2518 S. Maple Street. There are two (2) off-street parking spaces 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. A mixture of residential, office and commercial type uses exist along Asher Avenue to the south. The applicant, Al Cross, proposes to utilize the existing 1,870 square foot structure as a group home. The residential facility will serve as a transitional living facility and provide chemical free living for 13 male residents. The facility will have two (2) live-in house managers, who will reside in one (1) of five (5) bedrooms. Each of the five (5) bedrooms will have one (1) to six (6) beds. August 17, 2006 ITEM NO.:D (CON FILE NO.:8065 The typical resident has completed drug rehab or is a recovering addict. There will also be residents who come from off the street who are homeless. 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 Activities and Operational Information 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. No transportation will be provided by the group home. 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 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: 2 August 17, 2006 ITEM NO -:D (CONT) FILE NO.:8065 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 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: 1. 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 August 17, 2006 ITEM NO.:D CONT)_ FILE NO 8065 6. Magnolia Retirement Facility — 3601 West Roosevelt Road Living facility for up to 183 retired or disabled persons. As noted previously, there are five (5) bedrooms in the residential facility, with one (1) to six (6) beds in each bedroom. The areas of the bedrooms are as follows: Bedroom 1 — 180 square feet (4 occupants) Bedroom 2 — 190 square feet (3 occupants) Bedroom 3 — 243 square feet (6 occupants) Bedroom 4 — 114 square feet (1 occupant) Bedroom 5 — 114 square feet (1 occupant) 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 15 persons is 1,550 square feet. As noted earlier the residential structure contains 1,870 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. Bedrooms 1 and 3, as noted above, do not conform to this minimum standard. Bedroom 1 requires a minimum 220 square feet and Bedroom 3 requires 320 square feet. 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 2522 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 five (5) 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. 4 August 17, 2006 ITEM NO.:D CONT FILE NO.:8065 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. 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 2522 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. E August 17, 2006 ITEM NO.:D CONT FILE NO.:8065 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 3rd 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. 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. August 17, 2006 ITEM NO.:D (CONT) FILE NO. 8x65 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. 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.