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HomeMy WebLinkAboutPC Minutes for Z-9814 101923October 12, 2023 ITEM NO.: B FILE NO.: Z-9814 NAME: White Group Home – Special Use Permit LOCATION: 10014 Chicot Road DEVELOPER: Jonda White (Owner) 10014 Chicot Road Little Rock, AR 72209 OWNER/AUTHORIZED AGENT: Jonda White 10014 Chicot Road Little Rock, AR 72209 SURVEYOR/ENGINEER: N/A AREA: 0.15 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 7 PLANNING DISTRICT: 15 CENSUS TRACT: 41.05 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a Special Use Permit to allow for a group home facility to be operated in the existing single-family residence. The proposed group home facility will have a maximum of nine (9) residents. B. EXISTING CONDITIONS: The site contains a 1,370 square foot, one-story, two-family residence and is located along Chicot Road which the Master Street Plan classifies as a principal arterial. Office and commercial zoning and uses are contained to the north and October 12, 2023 ITEM NO.: B (Cont.) FILE NO.: Z-9814 2 south of the site along of Chicot Road. Residential zoning and uses make up the majority of the uses in the general area. C. NEIGHBORHOOD NOTIFICATIONS: All owners of property located within 300 feet of the site and all neighborhood associations registered with the City of Little Rock were notified of the public hearing. D. ENGINEERING COMMENTS: No comments E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments. Entergy: No comments received. Summit Utilities: No comments. AT & T: No comments received. Central Arkansas Water: No comments. Fire Department: No comments. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: No comments. October 12, 2023 ITEM NO.: B (Cont.) FILE NO.: Z-9814 3 H. ANALYSIS: The applicant is requesting a Special Use Permit to allow for a group home facility to be operated in the existing single-family residence. The proposed group home facility will have a maximum of nine (9) residents. The site contains a 1,370 square foot, one-story, two-family residence and is located along Chicot Road which the Master Street Plan classifies as a principal arterial. Office and commercial zoning and uses are contained to the north and south of the site along of Chicot Road. Residential zoning and uses make up the majority of the uses in the general area. No signage beyond that allowed in single-family and two-family zones will be permitted. The applicant notes nine (9) women will occupy the home. Second Chances Group Home for Women (SCGHW) will not provide services or have a supervisory staff at the facility. SCGHW will provide room and board to women who have reached out to organizations who are helping women find jobs, housing, and other services. The women will be referred to SCGHW until their housing come available. The applicant provided the following information regarding the benefit a group home may provide for women in recovery:  A structured environment: SCGHW will have set rules and routines that provide residents a sense of structure and stability. This can be especially beneficial for women in the early recovery process who may struggle to establish healthy habits and routines.  Supportive community: Living with other women in recovery can provide a sense of comradery and support. Residents can share their experiences.  Independence: Group homes provide a safe and sober living environment which allows residents to practice independent living. Residents at SCGHW will be responsible for cooking, cleaning, and other household chores, which will help them prepare for life outside of a treatment center. By living in a group home, women can learn to navigate real-world challenges and develop the skills they need to maintain sobriety once they leave. SCGHW wants to help women get that second chance. The applicant notes SCGHW will not provide transportation for the residents but there is public transportation, a Rock Region Metro bus stop which is available along Chicot Road at this location. Organizations who refer clients to SCGHW will get the clients to and from appointments. There is no anticipation for residents to drive. However, there is parking in the rear of the residence for residents to park October 12, 2023 ITEM NO.: B (Cont.) FILE NO.: Z-9814 4 if they have a car. The on-site parking located in front of the residence will be utilized for guest parking. The applicant submitted a bill assurance provided by the Pulaski County Clerk’s office. The bill of assurance was recorded in October 29, 1962. 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: 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- October 12, 2023 ITEM NO.: B (Cont.) FILE NO.: Z-9814 5 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. To staff’s knowledge, there are no other transitional residential facilities 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 9 persons is 950 square feet. As noted earlier the residential structure contains 1,370 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 applicant is proposing the following bedroom occupancy: (a) Bedroom #1: 165 square feet, total occupancy – 3 (b) Bedroom #2: 131 square feet, total occupancy – 2 (c) Bedroom #3: 90 square feet, total occupancy – 2 (d) Bedroom #4: 90 square feet, total occupancy – 2 The occupancy as proposed for bedrooms 1, 3 and 4 do not conform to Section 8-406(b) of the Code. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. October 12, 2023 ITEM NO.: B (Cont.) FILE NO.: Z-9814 6 Staff does not support the special use permit as requested. Although the overall square footage of 1,370 square feet complies with Section 8-406(a) of the code, the required minimum area per bedroom is deficient. Bedrooms 1, 3 and 4 do not comply with Section 8-406(b) of the code which requires seventy (70) square feet for the first occupant and fifty (50) square feet for each additional occupant. Other than not complying with this section of the code, staff generally has no issues with the proposed group home use. I. STAFF RECOMMENDATION: Staff recommends denial of the Special Use Permit as requested. PLANNING COMMISSION ACTION: (SEPTEMBER 14, 2023) The applicant was present and requested to be deferred to the October 12, 2023 Agenda. The vote was 9 ayes, 0 nays, 0 absent and 2 open positions. The application was deferred. STAFF UPDATE: On September 15, 2023 the applicant submitted a letter to staff revising the application. The applicant has reduced the number of residents from nine (9) to six (6) with the following bedroom occupancy: (a) Bedroom #1: 165 square feet, total occupancy – 2 (b) Bedroom #2: 131 square feet, total occupancy – 2 (c) Bedroom #3: 90 square feet, total occupancy – 1 (d) Bedroom #4: 90 square feet, total occupancy – 1 Staff’s only concern with the initial application was the number of residents with respect to the bedroom occupancy. The applicant has resolved that issue and staff is now in support of the application. The revised bedroom occupancy now conforms with Section 8-406 (b) of the Code. REVISED STAFF RECOMMENDATION: Staff recommends approval of the requested Special Use Permit as revised by the applicant, and subject to compliance with the comments and conditions outlined in the staff analysis of the agenda staff report. October 12, 2023 ITEM NO.: B (Cont.) FILE NO.: Z-9814 7 PLANNING COMMISSION ACTION: (OCTOBER 12, 2023) The applicant was present. There were no persons registered in opposition. Staff presented the item and a recommendation of approval as outlined in the “staff analysis” above. The item remained on the Consent Agenda for approval. The vote was 7 ayes, 0 nays, 2 absent and 2 open positions. The application was approved.