Loading...
HomeMy WebLinkAboutZ-8102 Staff AnalysisNovember 9, 2006 ITEM NO.: B FILE NO.: Z-8102 NAME: Brewer Group Home — Special Use Permit LOCATION: 1812 Schiller Street OWNER: Madeline Carter APPLICANT: Greg Brewer PROPOSAL_: A Special Use Permit is requested to allow a group home to be operated in the single-family residence located on the R-3 zoned property at 1812 Schiller 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 Central High and Wright Avenue Neighborhood Associations were notified of the public hearing. B. Staff Analvsis: 1812 Schiller Street is located on the west side of Schiller Street, south of West 18th Street. The property contains a two-story brick and frame single-family residential structure. There is a two-story accessory garage structure (old carriage house) in the rear yard, at the northwest corner of the property. Both structures are currently vacant and in need of repair. There is a one -car wide driveway from Schiller Street at the northeast corner of the property. The driveway is partially concrete and extends along the north side of the residence and into the rear yard. There is parking for at least three (3) vehicles along this driveway. The general area contains a mixture of residential uses and zonings. Single-family residences are located immediately north, south and east of the site. There is an abundance of R-4 (duplex) and R-5 (multifamily) zoning in the neighborhood. There is commercial and office zoning along Wright Avenue to the southwest and southeast. The applicant, Greg Brewer, proposes to utilize the existing 3,857 square foot structure as a group home. The 1,262 square foot carriage house will also be used. The residential facility will serve as a transitional living facility and provide chemical free living for 14 residents. The principal structure will provide housing for 12 residents and a resident manager (basement level). The existing carriage house will house two (2) residents. There will be six (6) bedrooms in the principal structure, with November 9, 2006 ITEM NO: B (Cont.) FILE NO.: Z-8102 two (2) residents per bedroom. The basement level is 680 square feet in area and will have only the resident manager. The house will be used as a group home providing care and supervision for individuals recovering from substance abuse who have already completed a treatment program and need transitional housing until they become fully self-supporting. Residents will be required to be gainfully employed. There will be house meetings by state licensed counselors with individual counseling as needed. Residents will also attend outside meetings. A handbook for the facility has not yet been written. However, the applicant notes that basic regulations will be as follows: a) All residents agree to random drug and alcohol testing. Failure to pass will be cause for dismissal. b) Residents will have house assignments — cleaning, yard work, etc. c) Residents will abide by all house rules — curfews, rents, cleaning duties, continuing care, steady employment. d) Careful records of all clients will be maintained such as meeting attendance, duties, income, and general overall recovery The site is not located on a CATA Bus Route. Bus Route #16 (UALR Route) runs along Wright Avenue to the south. The applicant notes that some residents may have vehicles (those who are attaining independent living status). Transportation will be provided by the facility for group activities. Otherwise, the residents will utilize 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 2 November 9, 2006 IIILZIJ 10 Eel : [SZ.7if# FILE NO.: Z-8102 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 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 type use being operated at 1908/1912 Park Street by Gyst House, which has existed for a number of years. There are currently 12 residents within the principal structure, and one (1) resident in an accessory structure. Staff found several other possible illegal transitional living facilities which are in the process of being investigated. 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). The bedrooms range from 149 square feet to 224 square feet and will each accommodate two (2) residents... 3 November 9, 2006 ITEM NO: B (Cont.) FILE NO.: Z-8102 The applicant submitted a copy of the Bill of Assurance for the neighborhood which was recorded in 1877. The Bill of Assurance is handwritten and not completely legible. It likely addresses no use issues. Staff is not supportive of the requested special use permit to allow a group home at 1812 Schiller Street. Based on the survey conducted by staff, there is another group home type use less than two (2) blocks from the site at 1908/1912 Park Street. Staff feels that another residential facility in this immediate area is not appropriate. This residential area around Central High School has seen recent interest in revitalization efforts. Staff believes allowing additional transitional living facilities in this area could be detrimental to future revitalization efforts in this historic area of the city. Staff feels the applicant should seek another location for the proposed group home, in a neighborhood area with no close proximity to other residential facilities and preferably on a non-residential street (collector street or higher). C. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 7, 2006) Greg Brewer and Terry Burruss were present, representing the application. Staff presented the application, noting that additional information was needed on the group home use. There was a brief discussion of the current condition and history of the structure. The applicant noted that some of the residents may have their own vehicles when they are financially able, but at that point they usually move out of the group home setting. The issue of parking was briefly discussed. After the discussion, the Committee forwarded her 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 1812 Schiller Street. 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. L! November 9, 2006 ITEM NO: B (Cont. STAFF UPDATE: FILE NO.: Z-8102 The applicant submitted revisions to the application to staff on October 17, 2006. The applicant is now proposing a total of 10 clients/residents with one (1) resident manager, within the principal structure. Each resident will have a separate bedroom, with the resident manager's living quarters being in the basement level. The client bedrooms will range in size from 104 to 163 square feet. Two (2) bedrooms will be located on the first floor of the structure, with six (6) on the second floor and two (2) in the basement level. Kitchen, dining and living space will be located on the first floor and bathrooms will be located on both floors. As part of the revision, the property owner, Greg Brewer, will reside in the accessory structure and help manage the facility. The applicant has also proposed a parking plan for the property. The applicant notes that there will be no more than five (5) vehicles on the site at any time. The property owner will have one (1) vehicle, which will be parked in the accessory structure. A maximum of four (4) other vehicles owned by the residents/resident manager will be parked on a newly paved driveway along the north property line. The new drive will replace an existing drive and be constructed of concrete or brick pavers. The drive will extend from Schiller Street to the accessory building in the rear yard. There will be a "turn around" in the rear yard as part of the driveway construction. The "turn around" will also serve as a patio area. Staff is now supportive of the requested special use permit to allow a group home at 1812 Schiller Street. Staff feels the amendments made to the original application are reasonable. Although there is another group home type use less than two (2) blocks from this property, staff believes the reduction in the number of clients and the restriction on number of vehicles will allow this group home facility to have no adverse impact on the surrounding properties or the neighborhood. Staff also believes that allowing this group home will provide a reasonable accommodation for this type of facility in the neighborhood. REVISED STAFF RECOMMENDATION: Staff recommends approval of the special use permit (as revised) to allow a group home at 1812 Schiller Street, subject to the following conditions: 1. The group home will be for a maximum often (10) residents, with one (1) on- site employee. 2. The property owner, Greg Brewer, must maintain residence in the accessory structure. 5 November 9, 2006 ITEM NO: B (Cont.) FILE NO.: Z-81 3. There will be no more than five (5) vehicles on the property owned by persons residing on the property. 4. Compliance with the provisions of Section 36-54(e)(4) of the City's Zoning Ordinance. PLANNING COMMISSION ACTION: (NOVEMBER 9, 2006) Greg Brewer and Terry Burruss were present, representing the application. There was one (1) person present in opposition. Staff presented the application and noted that the applicant had made revisions to the application. Staff supported the revised application. Greg Brewer addressed the Commission in support of the application. He made no additional comments to the staff presentation. Commissioner Adcock asked Mr. Brewer if he would reside on the property. Mr. Brewer noted that he would live in the carriage house at the time the group home is in operation. Josephine Dumas addressed the Commission in opposition. She presented a petition of opposition to the Commission. She noted that she spoke for the residents in the area. She briefly described the neighborhood and explained that the group home did not belong in the area. She expressed concern with the type of persons who resided in group home type facilities. Commissioner Williams asked if the neighborhood association was notified. Staff noted that the Central High and Wright Avenue Neighborhood Associations were notified of the public hearing. Commissioner Williams asked about Gyst House and staff's previous recommendation. Staff explained that the change in recommendation was based primarily on the revisions Mr. Brewer had made to the application. Commissioner Adcock asked if any of the residents would have a criminal background. Mr. Brewer explained that it would be possible and that he did not discriminate based on a person's background. Commissioner Adcock asked Mr. Brewer why he chose this location. Mr. Brewer noted that it was a nice historic structure in need of rehabilitation and that he wanted to live on the property. There was a brief discussion of the proposed group home and its compatibility with the neighborhood. 0 November 9, 2006 NO: B (Cont.) FILE NO.: Z-8102 Commissioner Yates asked about other possible illegal group home type uses in the area. Staff noted that none had been confirmed, but the investigation process was still taking place. Terry Burruss addressed the Commission in support of the application. He noted that there were several vacant properties in the area. He explained that the proposed group home would have a minimal impact on the area. He noted that the applicant had been working with staff on making the proposed group home compatible with the neighborhood. Commissioner Yates asked about the remodeling of the structure. Mr. Burruss explained that the structure will be remodeled so that it could be converted to a single family home in the future with minimal changes. He also noted that there would be no change to the building's exterior. Commissioner Yates asked about the turnaround in the rear yard. Mr. Burruss explained that it would be 12 to 15 foot square and take up a minimal amount of the rear yard. Commissioner Adcock asked if there would be any signage. Mr. Burruss stated that there would be none. In response to a question from the Commission, staff noted that the special use permit, if approved, would be for this specific property owner only and his occupancy of the property. Ms. Dumas made additional comments related to the group home. Commissioner Williams commented that the proposed group home would jeopardize the future redevelopment efforts in the neighborhood. There was a motion to approve the revised application as recommended by staff. The motion failed by a vote of 2 ayes, 7 nays and 2 absent. The application was denied. N