HomeMy WebLinkAboutZ-8463 Staff AnalysisAugust 6, 2009
ITEM NO.: F FILE NO.: Z-8463
NAME: Wamala Family Care Facility — Special Use Permit
LOCATION: 22 Ivy Drive
OWNER: Juliet Wamala
APPLICANT: Christian Nwofor
PROPOSAL: A Special Use Permit is requested to allow a Family
Care Facility to be operated in the single family
residence located on the R-2 zoned property at
22 Ivy Drive.
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 Meadowcliff/Brookwood
and SWLR United for Progress Neighborhood Associations were notified
of the public hearing.
B. Staff Analysis:
22 Ivy Drive is located on the west side of Ivy Drive between Greenway
Drive and S. Meadowcliff Drive, within the Meadowcliff Addition. The
property contains a one-story frame single family structure which is typical
of the residences in the neighborhood. There is a one -car wide driveway
from Ivy Drive, with parking for three (3) vehicles including the carport.
The rear yard area is fenced. All surrounding properties are zoned R-2
and contain single family residences.
The property owner, Juliet Wamala, is requesting a Special Use Permit to
utilize the residence as a Family Care Facility. The facility will serve as a
residence for three (3) elderly persons. The residents will be referred to
the home by the State Department of Health — Aging and Elderly Services.
There will be one (1) caregiver on the site at all times, working twelve (12)
hour shifts. A nurse from the Aging and Elderly services will pay periodic
visits to the site.
Transportation for the residents will be provided by the caregiver on the
Aging and Elderly Services. The elderly residents will not drive. There
should be ample space on the existing driveway for parking the
caregiver's vehicle and vehicle of other person(s) sent from the Aging and
Elderly Services. The site is not located on a CATA bus route. Route #17
(Ma beIva le- Downtown Route) runs along Greenway Drive to the north and
August 6, 2009
ITEM NO: F Cont. FILE NO.: Z-8463
Route #17A (Mabelvale-UALR Route) runs along University Avenue to the
east.
The applicant submitted a copy of the Bill of Assurance for the
neighborhood which was recorded in 1954 and appears to still be in effect.
The Bill of Assurance contains the following language:
"Land Use and Building Type. No lot shall be used except for residential
purposes. No building shall be erected, altered, placed or permitted to
remain on any lot other than one detached single-family dwelling not to
exceed two stories in height."
Section 36-54(e)(4) of the City's Zoning Ordinance provides the following
provisions for Family Care 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:
Spacing of existing similar facilities.
2. Existing zoning and land use patterns-
2
August 6, 2009
ITEM NO: F
FILE NO.: Z-8463
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.
According to an area survey, there are no other elderly housing or
transitional residential facilities within 1,500 feet of the property.
Staff is supportive of the requested Special Use Permit to allow a Family
Care Facility at 22 Ivy Drive. Staff believes the request is reasonable.
The facility will be the residence for only three (3) elderly citizens. The
caregiver at the residence will work a twelve (12) hour shift, with only two
(2) caregivers coming to the site in each 24 hour period. A nurse from the
State's Aging and Elderly Services will visit the site periodically, probably
once or twice per week. The traffic generated by this residential use will
likely be no more than a typical single family residence. The City's Zoning
Ordinance typically allows up to four (4) unrelated persons to live together
as a single family residential use. Although there will only be three (3)
unrelated residents at this site, staff felt it appropriate to require the
Special Use Permit due to the fact the caregiver will not be a resident (the
fourth unrelated resident). As noted previously, a survey of the area by
staff found no other elderly housing or transitional -type residential facilities
within 1,500 to 2,000 feet of this site. Staff believes the proposed elderly
housing residential use of the existing residence at 22 Ivy Drive will have
no adverse impact on the adjacent properties or the general area.
3
August 6, 2009
ITEM NO: F Cont. FILE NO.: Z-8463
C. Subdivision Committee Comments: (June 4, 2009)
Christian Nwofor was present, representing the application. Staff briefly
described the proposed family care facility. Staff noted the family care
facility would be a residence for three (3) elderly persons. Staff noted that
some additional information was needed with relation to the caregiver(s)
which would report to the site. Staff also noted that a survey was in the
process of being completed to see if there were any similar type
residential facilities within 1,500 feet of the site. The proposed family care
facility use was briefly discussed.
After the discussion, the Committee forwarded the issue to the full
Commission for final action.
D. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a family
care facility at 22 Ivy Drive, subject to the following conditions:
1. Compliance with the provisions for Family Care Facilities as per
Section 36-54(e)(4) of the Code.
2. There is to be no signage beyond that permitted in single family zones.
3. The maximum occupancy of the family care facility is limited to three
(3) persons.
PLANNING COMMISSION ACTION:
(JUNE 25, 2009)
Staff informed the Commission that the applicant did not complete the notices to
surrounding property owners as required. Staff recommended deferral of the
application to the August 6, 2009 Agenda.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for .deferral to the August 6, 2009 Agenda. A motion to that
effect was made. The motion passed by a vote of 7 ayes, 0 nays and 4 absent.
The application was deferred.
PLANNING COMMISSION ACTION:
(AUGUST 6, 2009)
Juliet Wamala and Christian Nwofor were present, representing the application.
There were three (3) persons present in opposition. Staff presented the
application with a recommendation of approval.
0
August 6, 2009
ITEM NO: F (Cont.) FILE NO.: Z-8463
There was a general discussion related to the proposed family care facility use
and its difference from a single family use. Dana Carney, of the Planning Staff,
explained that the people who would live at 22 Ivy Drive would live there because
of the services provided. There was additional discussion of this issue. Mr.
Carney noted that this application would not set a precedence.
Christian Nwofor addressed the Commission in support of the application.
Richard Daes, President of the Meadowcliff/Brookwood Neighborhood
Association, spoke in opposition. He noted opposition to any business being
operated in the neighborhood. He discussed the licensing procedure for this type
of facility by the State. He expressed concern with the traffic that would be
generated.
James Horton also spoke in opposition. He explained that the proposed use
would disrupt the neighborhood.
Sandra Cook also spoke in opposition. She explained that a business should not
be located in the neighborhood.
There was a brief discussion of who owned the property at 22 Ivy Drive and the
State's licensing procedure for this type use. It was noted that Juliet Wamala
was the property owner. Ms. Wamala addressed the Commission in support of
the application. She stated that she would live at 22 Ivy Drive and serve as the
caregiver.
There was discussion regarding the size of the residence. Ms. Wamala noted
that it was a four (4) bedroom house.
Chairman Taylor explained that the proposed use would be more of a business
than a residence. The ordinance requirements for family care facilities were
discussed.
There was additional discussion about whether or not the proposed use needed
a special use permit. Ms. Wamala stated that 22 Ivy Drive was going to be her
full-time residence. The issue was discussed further.
There was a notion to approve the special use permit as recommend by staff,
with the amendment that the property owner, Juliet Wamala, would live on the
site. The notion failed by a vote of 2 ayes, 7 nays, 1 absent and 1 abstention
(Smith). The application was denied.
01