HomeMy WebLinkAboutZ-8177-A Staff AnalysisJuly 19, 2007
NAME:
LOCATION:
OWNER:
APPLICANT
FILE NO.: Z-8177-A
Under Grace Ministries Parolee Housing Facility —
Special Use Permit
805 Lewis Street
Shelby Smith
Under Grace Ministries
PROPOSAL: A Special Use Permit is requested to allow a
Parolee Housing Facility to be operated in the
single family residence located on the R-3 zoned
property at 805 Lewis 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 Forest Hills, Pine to
Woodrow, Hope and Stephens Area Faith Neighborhood Associations
were notified of the public hearing.
B. Public Works Issues:
1. A 20 foot radial dedication of right-of-way is required at the intersection
of West 8th and Lewis Street.
C. Landscape and Buffer Issues:
805 Lewis Street is located at the southeast corner of Lewis Street and
West 8th Street. The property contains a two-story frame residential
structure, which is in the process of being remodeled. There is a gravel
driveway from West 8th Street, which accesses a gravel parking area at
the northeast corner of the lot. Off-street parking exists for several
vehicles. There are two (2) accessory buildings at the southeast corner of
the property. A deck/step structure is located on the rear (east side) of the
residence, leading to a second floor exit door. There is also a second
floor deck structure on the south side of the residential structure. A
conditional use permit was recently approved for the property for use of
the structure as a duplex.
The properties to the east, west and south are zoned R-3 and R-4 and
contain single family and two-family uses. There are office and
commercial uses further east along Cedar Street. The UAMSNeteran's
Hospital facilities are located across 1-630 to the north.
July 19, 2007
ITEM NO: B Cont. FILE NO.: Z-8177-A
The applicant, Under Grace Ministries, proposes to utilize the existing
2,902 square foot structure as Parolee Housing Facility. The residential
facility will serve as transitional living facility for paroled inmates
transitioning from prison to self-sufficient lifestyles, operating under the
name Philemon's House. The purpose of Philemon's House is to offer a
transitional housing program that allows residents to become self-
sufficient, independent, drug and alcohol -free members of society.
Philemon's House will provide transitional housing and life skill training for
men who have graduated from specific classes offered and taught by
Under Grace Ministries. It will offer Biblical community, safe shelter,
transportation, and employment assistance for select non-violent and
non -sexual ex -offenders transitioning from prison to free society.
Philemon's House will sleep 10 residents and 1 house manager. Each
resident will stay for 90 days as long as he abides by the rules with an
option of staying another period of up to 90 days, but not exceeding 180
days. Additionally, each resident must be an active participant in the
Under Grace Ministries programs which include, but are not limited to,
addiction recovery, worship services, financial training and accountability,
spiritual development, accountability with a mentor and community
involvement through required work projects.
There will be two bedrooms upstairs, each approximately 11' X 12' (appx.
264 sq. ft.) with 2 beds per bedroom. There will also be a common area
upstairs of approximately 588 sq. feet which will have 6 beds and 6
dressers to accommodate 6 residents. A bathroom for the residents will
be located upstairs. In addition to meeting rooms for the Under Grace
Ministries life skill training program, there will be two bedrooms
downstairs. One will be for the house manager and the second one will
be ADA compliant, but will be used as an office unless a physically
disabled resident is accepted into the facility.
The site is not located on a CATA bus route. Bus Route #17 (Mabelvale —
Downtown Route) runs along 1-630 to the north, and Bus Route #3
(Baptist Medical Center Route) runs along West 12t" Street to the south.
The applicant has noted that no Bill of Assurance for the neighborhood
could be located at the County Courthouse.
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:
family care facility, group care facility, group home,
parolee or probationer housing facility, rooming,
lodging and boarding facility.
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July 19, 2007
ITEM NO: B Cont. FILE NO.: Z-8177-A
(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.
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 boarding 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.
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July 19, 2007
ITEM NO: B (Cont_) FILE NO.: Z-8177-A
According to an area survey, there are two (2) other similar residential
facilities within 1,500 feet of the property. There are forty-four (44)
available beds within these facilities. These facilities are as follows:
1. Group Home — 4017 West 12th Street
Residential facility for up to 12 women recovering from substance
abuse.
2. Black Community Developers/Hoover UMC Center for drug and
alcohol addiction — 4000 West 13t Street
Residential treatment facility for up to 32 residents.
There are also several other public/institutional type uses in the area
within 1,500 feet of the property.
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 11 persons is
1,150 square feet. As noted earlier the residential structure contains
2,902 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. The
bedroom arrangement as proposed will conform to ordinance standards.
Staff is not supportive of the requested special use permit to allow a
parolee housing facility at 805 Lewis Street. Based on the survey, which
staff conducted of the area within 1,500 feet of the site, staff feels that the
two (2) other similar residential living facilities, in conjunction with the other
public/institutional uses in the area, are more than adequate number for
the defined neighborhood area. The two (2) facilities represent a
maximum of 44 transitional residents within the neighborhood. Staff feels
the applicant should seek another location for the proposed parolee
housing facility, in a neighborhood area, which contains a smaller number
of similar transitional residential facilities.
D. SUBDIVISION COMMITTEE COMMENT: (MAY 17, 2007)
Randy Frazier and Paul Chapman were present, representing the
application. Staff briefly described the proposed parolee housing facility.
Staff noted that some additional information was needed regarding the
size of the residential structure and the individual bedrooms. In response
to a question from staff, Mr. Frazier noted that no Bill of Assurance could
be located at the County Courthouse. Mr. Chapman explained that the
on -site staff was experienced.
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July 19, 2007
ITEM NO: B (Cont.
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The issue of notification was briefly discussed. Staff informed the
Committee of the neighborhood associations notified.
After the discussion, the Committee forwarded the application to the full
Commission for final action.
E. Staff Recommendation:
Staff recommends denial of the requested special use permit to operate a
parolee housing facility at 805 Lewis Street.
PLANNING COMMISSION ACTION:
(J U N E 7, 2007)
Staff informed the Commission that the applicant requested the application be
deferred to the July 19, 2007 Agenda. Staff supported the deferral request.
With a vote of 9 ayes, 0 nays, 1 absent and 1 open position, the Commission
voted to waive their bylaws and accept the deferral request being less than five
(5) working days prior to the public hearing.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the July 19, 2007 Agenda. A motion to that effect
was made. The motion passed by a vote of 9 ayes, 0 nays, 1 absent and 1 open
position.
STAFF UPDATE:
The applicant submitted a letter to staff on July 2, 2007 requesting the Special
Use Permit application be withdrawn. Staff supports the withdrawal request.
PLANNING COMMISSION ACTION: (JULY 19, 2007)
Staff informed the Commission that the applicant submitted a letter on July 2,
2007 requesting the application be withdrawn. Staff supported the withdrawal
request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for withdrawal. A motion to that effect was made. The motion
passed by a vote of 9 ayes, 0 nays, 1 absent and 1 open position.
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