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HomeMy WebLinkAboutZ-8079 Staff AnalysisNovember 9, 2006 ITEM NO.: A FILE NO.: Z-8079 NAME: Hobbs Group Home — Special Use Permit LOCATION: 1507 Hanger Street OWNER: Monica Bryant APPLICANT: Carolyn Hobbs PROPOSAL: A Special Use Permit is requested to allow a group home to be operated in the single-family residence located on the R-4 zoned property at 1507 Hanger 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 Hanger Hill Neighborhood Association were notified of the public hearing. B. Staff Analysis: 1507 Hanger Street is located on the east side of Hanger Street, south of East 15th Street. The property contains a two-story frame single-family residential structure. There is a two-story frame accessory garage structure in the rear yard, near the southeast corner of the property. There is a one -car wide driveway from Hanger Street at the southwest corner of the property, leading to the accessory garage structure. There is parking for at least two (2) vehicles. There is also a partially paved alley along the rear (east) property line. The general area contains a mixture of residential property zoned primarily R-4. There are single-family residences, duplex structures, vacant lots and boarded -up houses in the area. The applicant, Carolyn Hobbs, proposes to utilize the existing 2,200 square foot structure as a group home. The residential facility will serve as a transitional living facility and provide chemical free living for eight (8) female residents. There will be a house manager who will live on the site. Each bedroom in the house will have two (2) beds. There is a total of five (5) bedrooms. The applicant has noted that the group home has operated at this location since 1999. The typical resident is a recovering addict and is required to attend four (4) outside 12 -step meetings each week. Each resident is required to be November 9, 200.6 ITEM NO: A (Cont. FILE NO.: Z-8079 gainfully employed. There will be in-house support groups, with referral to outside agencies for individual sessions. Education on life skills management, job preparation and job assistance will be provided by the facility. A copy of the House Rules/Regulations has been provided and is attached for Commission Review. The site is not located on a CATA bus route. Bus Route #20 (College Station Route) runs along East 15th Street, less than a block to the north. The applicant has noted that residents will not own vehicles, and will use the public transportation. 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: 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. 2 November 9, 2006 ITEM NO: A (Cont.) FILE NO.: Z-8079 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, staff found only one (1) other residential transitional living facility within 1,500 feet of the property. There is a group home use being operated at 1404 Hanger Street by Buddy Dorris for approximately 10 residents and two (2) employees. This group home is an illegal use and is currently under enforcement by the City. The case is currently pending in Pulaski County Circuit Court. Based on the information submitted by the applicant, the total area of the structure and the area per bedroom will comply with Sections 8-406(a) and (b) of the City's Buildings and Building Regulations Ordinance (minimum area per dwelling unit and bedroom). Each bedroom has 144 square feet of living area. The applicant submitted a copy of the Bill of Assurance for the neighborhood which was recorded in 1893. The Bill of Assurance is handwritten and not completely legible. It likely addresses no use issues. Staff is supportive of the requested special use permit to allow a group home at 1507 Hanger Street. Staff believes the group home at 1507 Hanger Street meets the intent of Ordinance No. 19,395 which was passed by the City Board of Directors on September 6, 2005 and provides the criteria for this type of transitional living facility (Section 36-54(e)(4). As noted previously, a survey of the neighborhood found only one (1) other transitional living facility which is currently under enforcement. Staff believes the group home at this location will have no adverse impact on the adjacent properties or the general area. There are a number of vacant residential lots and boarded -up homes in the neighborhood. 3 November 9, 2006 ITEM NO: A (Cont. C. SUBDIVISION COMMITTEE COMMENT: FILE NO.: Z-8079 (SEPTEMBER 7, 2006) Carolyn Hobbs and three (3) residents of the facility were present, representing the application. Staff presented the item and asked for additional information on the group home use. Ms. Hobbs noted that all of the residents were women and had been through treatment centers. She gave a brief description of the group home use, noting that it had been at 1507 Hanger Street since 1999. After the discussion, the Committee forwarded her application to the full Commission for resolution. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a group home at 1507 Hanger Street, subject to the following conditions: 1. The group home will be for a maximum of eight (8) residents, with one (1) on-site employee. 2. Compliance with the provisions of Section 36-54(e)(4) of the City's Zoning Ordinance. PLANNING COMMISSION ACTION: (AUGUST 17, 2006) Staff informed the Commission that the applicant submitted a letter on July 20, 2006 requesting the application be deferred to the September 28, 2006 Agenda. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the September 28, 2006 Agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays, and 1 absent. PLANNING COMMISSION ACTION - (SEPTEMBER 28, 2006) Staff informed the Commission that the item needed to be deferred to the November 9, 2006 Agenda to resolve issues raised by the City Attorney's Office. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the November 9, 2006 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. n November 9, 2006 ITEM NO: A FILE NO.: Z-8079 PLANNING COMMISSION ACTION: (NOVEMBER 9, 2006) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The application was approved. 5 SUBDIVISION COMMITTEE COMMENTS SEPTEMBER 7, 2006 ITEM NO.: D. PIOBBS GROUP HOME —SPECIAL USE PERMIT 1507 HANGER STREET Z-8079 PIanning Staff Comments: 1. Provide total area of structure. C___� 2. Provide maximum number of persons who will reside in the structure. 3. Provide details on bedroom arrangements; area for each bedroom and number of beds for each bedroom. 4. Provide additional details on typical residents (example; persons who have recently completed drug/alcohol rehab, persons currently in rehab, etc.) 5. What services will be provided to the residents on-site and off-site? 6. Will residents be allowed to own vehicles? If so, where will they park? Will transportation be provided by v the group home? 7. Will there be any employees who will live on-site/off-site? 4_,,-8. Provide additional information related to security, rules/regulations, etc. Provide copy of handbook, business plan, etc., if one exists. 9. The applicant submitted a copy of the Bill of Assurance for the neighborhood which was recorded in 1893. The Bill of Assurance is hand-written and not completely legible. It likely addresses no use issues. 10. Is the group home currently in operation at this address? Is so, for how long? 17 Variance/Waivers: None requested. Public Works: t 1 _ No Comments. 7 Utilities and Fire Department/County Planning,: Wastewater: No Comments. Entergy: No Comments. Centerpoint Energy: No Comments. AT&T (SBC): No Comments. Water: No Comments. Fire Department: If approved, the Fire Marshall must approve the use of the structure as a group home. County Planning: No Comments. CATH: The site is not located on a CATA bus route. Bus Route # 20 (College Station Route) runs along E. 15'h Street to the north. Planning Division: No Comments. Landscape: No Comments. Other: Submit additional information to staff in writing no later than Wednesday, September 13, 2006. ITEM NO.: 1 FILE NO: Z-8079 NAME: Hobbs Group Home -Special Use Permit LOCATION: 1507 Hanger Street OWNER: Monica Bryant APPLICANT: Carolyn Hobbs Proposal: A Special Use Permit is requested to allow a group home to be operated in the Single Family Residence located on the R-4 zoned property at 1507 Hanger 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 Hanger Hill Neighborhood Association were notified of the public hearing. B. PUBLIC WORKS COMMENTS.- NO OMMENTS:NO COMMENTS C. STAFF NOTE: The applicant contacted staff on July 20,2006 and requested this application be deferred to the September 28, 2006 Agenda. Staff supports the deferral request. PLANNING COMMISSION ACTION: (August 17, 2006) Staff informed the Commission that the applicant submitted a letter on July 20, 2006 requesting the application be deferred to the September 28, 2006 Agenda. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the September 28, 2006 Agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays, and 1 absent.