Loading...
HomeMy WebLinkAboutZ-8486-A Staff AnalysisFebruary 2, 2012 ITEM NO.: 2 FILE NO.: Z-8486-A Name: Carter Group Home — Special Use Permit Location: 3517 West 25th Street Owner/Applicant: Gaylon and Myriam Carter 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 3517 West 25th Street. I_1 Public Notification: All owners of property located within 200 feet of the site and the Love, Goodwill and Stephens Area Faith Neighborhood Associations were notified of the public hearing. Public Works Issues: 1. Obtain a franchise agreement from Public Works (Bennie Nicolo — 371-4818) for the fence and wall improvements located in the right-of-way. C. Staff Analysis: The R-3 zoned property at 3517 West 25th Street is occupied by a one- story brick and frame residential structure. The property is located at the southeast corner of West 25th Street and S. Valentine Street. There is a two -car wide driveway from S. Valentine Street, with parking for six (6) vehicles. On -street parking is available along both West 25th and S. Valentine Streets. The residence is 2,700 square feet in area. The surrounding properties to the east, west and south are zoned R-3 and R-4 and contain residential uses. There is an old school building to the north across West 25th Street, which is used by the Little Rock School District's security department. The applicants, Gaylon and Myriam Carter, are requesting a special use permit to allow operation of a group home within the residential structure on the R-3 zoned property at 3517 West 25th Street. The applicants propose the group home for up to eleven (11) female residents with disabilities. There will be one (1) live-in house manager. The applicants note that there will be some in-house counseling provided to the residents. February 2, 2012 ITEM NO.: 2 (Cont. FILE NO.: Z-8486-A The applicants also note that the majority of the residents will not have vehicles. Following is the definition of a group home as found in Section 36-3 of the City's Zoning Ordinance: "Group home means a facility that does not fall within another defined facility category within this section and which provides housing in a family -like environment to more than four (4) handicapped individuals. This use is permitted only as a special use as designated in this chapter." The applicants note that the total area of the residential structure is 2,700 square feet. The applicants propose to house the residents in four (4) bedrooms as follows: Bedroom 1 — 255 square feet — 4 residents Bedroom 2 —150 square feet — 2 residents Bedroom 3 — 144 square feet — 1 resident Bedroom 4 — 546 square feet — 5 residents 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 12 persons is 1,250 square feet. As noted earlier the residential structure contains 2,700 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 occupancy for the bedrooms as proposed conforms to this ordinance requirement. Section 36-54(e)(4) of the City's Zoning Ordinance provides the following provisions, 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. (a) Separation, spacing and procedural requirements for family care facilities, group care facilities, group homes, 2 February 2, 2012 ITEM NO.: 2 (Cont.) FILE NO.: Z-8486-A 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. 3 February 2, 2012 ITEM NO.: 2 (Cont.) FILE NO.: Z-8486-A (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. The site is not located on a CATA bus route. Route #14 (Rosedale Route) runs along W. Roosevelt Road, approximately two (2) blocks to the south. The applicant submitted a copy of a Bill of Assurance for this neighborhood. The document was recorded in 1912. It is handwritten and not very legible. It addresses no use issues. An area survey conducted by staff revealed the following residential living facilities within 1,500 feet of this property: ■ Compassion Center — 3618 Roosevelt Road (Homeless shelter for 200-250 men) • Magnolia Retirement Facility — 3601 Roosevelt Road (Living facility for up to 183 retired or disabled persons) ■ Quality Living # 1 — 3925 Asher Avenue (Chemical -free facility for up to 60 persons) ■ Quality Living # 2 — 2900 S. Cedar Street (Chemical -free facility for 10-15 persons) ■ St. Francis House — 2701 S. Elm Street (Homeless shelter for 40-50 veterans) ■ Compassion Center— 4210 Asher Avenue (Homeless shelter for up to 43 women) Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. Staff does not support the requested Special Use Permit to allow a group home at 3517 West 25th Street. Although the number of residents proposed with respect to the overall size of the structure conforms to Section 8-406 of the code, staff believes the request for 11 residents is too many for a single-family residential setting. Staff feels the number of 4 February 2, 2012 ITEM NO.: 2 (Cont. FILE NO.: Z-8486-A residents proposed for the group home pushes the proposed group home into more of an institutional category rather than a family home environment. Staff believes the intent of the ordinance is to allow smaller number of individuals to live together in a single-family home setting. Given the occupancy level proposed for the group home use being more institutional in nature, staff believes the use would be more appropriate within an area adjacent to a major roadway; an area where other institutional uses exist. The proposed group home is located within a residential area, surrounded entirely by residential zoning. D. Subdivision Committee Comment: (January 11, 2012) Gaylon and Myriam Carter were present, representing the application. Staff briefly described the proposed group home use. Staff noted that additional information was needed with respect to the size and occupancy for each bedroom. In response to a question from staff, the applicants noted that less than half (25 to 50 percent) of the residents would have vehicles. The applicants also noted that some in-house counseling will be provided to the residents. The Public Works Comment was briefly discussed. 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 allow a group home at 3517 West 25th Street. PLANNING COMMISSION ACTION: (FEBRUARY 2, 2012) Gaylon and Myriam Carter were present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Cindy Dawson, City Attorney, reviewed ordinance definitions and ordinance regulations; the definition of family and the presumption section of 36-54(e)(4). She noted that it has been determined by law that recovering substance abusers are considered handicapped. Gaylon Carter addressed the Commission in support of the application. He noted that his wife was a counselor. He explained the need for this type of February 2, 2012 ITEM NO.: 2 ILE NO.: Z-8486-A facility. He amended the application to have a total of eight (8) residents and two (2) house managers. Mr. Carter noted that both house managers would live there. In response to a question from the Commission, Tony Bozynski noted that staffs main concern was the number of residents proposed. Staff gave the following revised recommendation: Staff recommended approval of the amended Special Use Permit to allow a group home use at 3517 West 25th Street, subject to the following conditions: 1. A maximum of eight (8) handicapped residents and two (2) house managers will be allowed. 2. Compliance with all other requirements as found in Section 36-54(e)(4) of the Code. 3. All requirements of the LR Fire Marshal be completed and an approval letter submitted to staff prior to occupancy as a group home. Commissioner Brock asked about security for the property. Dr. Carter explained that the property was fenced and that the fencing would be repaired. There was a motion to approve the amended Special Use Permit as recommended by staff. The motion failed by a vote of 3 ayes, 7 nays and 1 absent. The application was denied. 0 NO.: Z-8486-A Name: Carter Group Home — Special Use Permit Location: 3517 West 25th Street Owner/Applicant: Gaylon and Myriam Carter 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 3517 West 25th Street. A. Public Notification. All owners of property located within 200 feet of the site and the Love, Goodwill and Stephens Area Faith Neighborhood Associations were notified of the public hearing. B. Public Works Issues: 1. Obtain a franchise agreement from Public Works (Bennie Nicolo — 371-4818) for the fence and wall improvements located in the right-of-way. C. Staff Analysis: The R-3 zoned property at 3517 West 25th Street is occupied by a one- story brick and frame residential structure. The property is located at the southeast corner of West 251h Street and S. Valentine Street. There is a two -car wide driveway from S. Valentine Street, with parking for six (6) vehicles. On -street parking is available along both West 25th and S. Valentine Streets. The residence is 2,700 square feet in area. The surrounding properties to the east, west and south are zoned R-3 and R-4 and contain residential uses. There is an old school building to the north across West 25th Street, which is used by the Little Rock School District's security department. The applicants, Gaylon and Myriam Carter, are requesting a special use permit to allow operation of a group home within the residential structure on the R-3 zoned property at 3517 West 25th Street. The applicants propose the group home for up to eleven (11) female residents with disabilities. There will be one (1) live-in house manager. The applicants note that there will be some in-house counseling provided to the residents. FILE NO.: Z-8486-A Cont. The applicants also note that the majority of the residents will not have vehicles. Following is the definition of a group home as found in Section 36-3 of the City's Zoning Ordinance: "Group home means a facility that does not fall within another defined facility category within this section and which provides housing in a family -like environment to more than four (4) handicapped individuals. This use is permitted only as a special use as designated in this chapter." The applicants note that the total area of the residential structure is 2,700 square feet. The applicants propose to house the residents in four (4) bedrooms as follows: Bedroom 1 — 255 square feet — 4 residents Bedroom 2 —150 square feet — 2 residents Bedroom 3 —144 square feet — 1 resident Bedroom 4 — 546 square feet — 5 residents 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 12 persons is 1,250 square feet. As noted earlier the residential structure contains 2,700 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 occupancy for the bedrooms as proposed conforms to this ordinance requirement. Section 36-54(e)(4) of the City's Zoning Ordinance provides the following provisions, 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 E FILE NO.: Z-8486-A (Cont. 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. 3 FILE NO.: Z-8486-A The site is not located on a CATA bus route. Route #14 (Rosedale Route) runs along W. Roosevelt Road, approximately two (2) blocks to the south. The applicant submitted a copy of a Bill of Assurance for this neighborhood. The document was recorded in 1912. It is handwritten and not very legible. It addresses no use issues. An area survey conducted by staff revealed the following residential living facilities within 1,500 feet of this property: • Compassion Center — 3618 Roosevelt Road (Homeless shelter for 200-250 men) Magnolia Retirement Facility — 3601 Roosevelt Road (Living facility for up to 183 retired or disabled persons) • Quality Living # 1 — 3925 Asher Avenue (Chemical -free facility for up to 60 persons) ® Quality Living # 2 — 2900 S. Cedar Street (Chemical -free facility for 10-15 persons) • St. Francis House — 2701 S. Elm Street (Homeless shelter for 40-50 veterans) • Compassion Center — 4210 Asher Avenue (Homeless shelter for up to 43 women) Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. Staff does not support the requested Special Use Permit to allow a group home at 3517 West 25th Street. Although the number of residents proposed with respect to the overall size of the structure conforms to Section 8-406 of the code, staff believes the request for 11 residents is too many for a single-family residential setting. Staff feels the number of residents proposed for the group home pushes the proposed group home into more of an institutional category rather than a family home environment. Staff believes the intent of the ordinance is to allow smaller number of individuals to live together in a single-family home setting. Given the occupancy level proposed for the group home use being more institutional in nature, staff believes the use would be more appropriate within an area adjacent to a major roadway; an area where other institutional uses exist. The proposed group home is located within a residential area, surrounded entirely by residential zoning. 4 FILE NO.: Z-8486-A (Cont. D. Subdivision Committee Comment: (January 11, 2012) Gaylon and Myriam Carter were present, representing the application. Staff briefly described the proposed group home use. Staff noted that additional information was needed with respect to the size and occupancy for each bedroom. In response to a question from staff, the applicants noted that less than half (25 to 50 percent) of the residents would have vehicles. The applicants also noted that some in-house counseling will be provided to the residents. The Public Works Comment was briefly discussed. 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 allow a group home at 3517 West 251h Street. PLANNING COMMISSION ACTION: (FEBRUARY 2, 2012) Gaylon and Myriam Carter were present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Cindy Dawson, City Attorney, reviewed ordinance definitions and ordinance regulations; the definition of family and the presumption section of 36-54(e)(4). She noted that it has been determined by law that recovering substance abusers are considered handicapped. Gaylon Carter addressed the Commission in support of the application. He noted that his wife was a counselor. He explained the need for this type of facility. He amended the application to have a total of eight (8) residents and two (2) house managers. Mr. Carter noted that both house managers would live there. In response to a question from the Commission, Tony Bozynski noted that staffs main concern was the number of residents proposed. Staff gave the following revised recommendation: Staff recommended approval of the amended Special Use Permit to allow a group home use at 3517 West 25th Street, subject to the following conditions: 5 FILE NO.: Z-8486-A (Cont. 1. A maximum of eight (8) handicapped residents and two (2) house managers will be allowed. 2. Compliance with all other requirements as found in Section 36-54(e)(4) of the Code. 3. All requirements of the LR Fire Marshal be completed and an approval letter submitted to staff prior to occupancy as a group home. Commissioner Brock asked about security for the property. Dr. Carter explained that the property was fenced and that the fencing would be repaired. There was a motion to approve the amended Special Use Permit as recommended by staff. The motion failed by a vote of 3 ayes, 7 nays and 1 absent. The application was denied. A SUBDWISION COMIV =E COMMENTS JANUARY 11, 2012 ITEM NO.: 2. CARTER GROUP HOME — SPECIAL USE PERMIT 3517 W. 25T" STREET Z-8486-A Planning Staff Comments: 1. The applicant proposes to operate a group home for up to eleven (11) women with disabilities at 3517 W. 25"' Street. 2. The property is located at the southeast corner of W. 25 h Street and S. Valentine Street. 3. The property contains a one-story brick and frame single-family residential structure with 2,700 square feet and four (4) bedrooms. 4 Therewill be one (1) live-in house manager. 5 J There is a two -car wide driveway from S. Valentine Street with parking for six (6) vehicles. On -street parking is available along both W. 25`h and S. ' Valentine Streets. Most of the residents will not have a vehicle and use public transportation. Discuss this issue. 6. The site is not located on a CATA bus route. Route # 14 (Rosedale Route) runs along W. Roosevelt Road, approximately two (2) blocks to the south. 7. 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 twelve (12) persons is 1,250 square feet. As noted earlier, the residential structure contains 2,700 square feet. $� Section 8-406(b) (minimum area per bedroom) requires 70 square feet for the first occupant and 50 square r� feet for each additional occupant. Provide area and number of persons occupying each bedroom. �9: Describe any other activities which will take place at this location (counseling, etc.). 10. The Bill of Assurance for this subdivision was recorded in 1912 and appears to not address use issues. 11. An area survey conducted by staff revealed the following residential living facilities within 1,500 feet of this property: ■ Compassion Center — 3618 Roosevelt Road (Homeless shelter for 200-250 men) • Magnolia Retirement Facility — 3601 Roosevelt Road (Living facility for up to 183 retired or disabled persons) • Quality Living # 1 — 3925 Asher Avenue (Chemical —free facility for up to 60 persons) • Quality Living # 2 — 2900 S. Cedar Street (Chemical -free facility for 10-15 persons) • St. Francis House — 2701 S. Elm Street (Homeless shelter for 40-50 veterans) • Compassion Center — 4210 Asher Avenue (Homeless shelter for up to 43 women) ■ 2519 and 2522 S. Maple Street — Special Use Permits were approved for two (2) group homes, but the uses are no longer in operation. Variance/Waivers: • None requested. Carter Group Home- Special Use Permit 3517 W. 25t Street Comments 5. Property has a two car wide driveway from South Valentine Street which will accommodate up to six cars. There is also parking available on the street if necessary. Most residents will not have vehicles and will utilize public transportation which is conveniently located two blocks away from property. If necessary, owners will create another concrete parking pad in front of the house. 8. Below is the breakdown of the square footage of the house which does meet the guidelines of Section 8-406(b) that states minimum area per bedrooms and persons occupying them. 3517 W. 251" Street 2700 Square Foot 4 Bedrooms #1 15 x 17 255 square feet 4 residents #2 15 x 10 150 square feet 2 residents #3 12 x 12 144 square feet 1 resident #4 26 x 21 546 square feet 5 residents LivingIKitchen 45 x 28 1260 square feet Living/Group Room 11 x 26 286 square feet 4 Full Bathrooms 9. Individual and group counseling will be provided only to the residents of this house by a board certified counselor. Life skills and 12 step groups will also be provided to in house residents only. SUBDWISION COIVMTTEE COMMENTS JANUARY 11, 2012 ITEM NO.: 2. CARTER GROUP HOME — SPECIAL USE PERMIT 3517 W. 25TH STREET (Z-8486-A) Planning Staff Comments: 1. The applicant proposes to operate a group home for up to eleven (11) women with disabilities at 3517 W. 25t' Street. 2. The property is located at the southeast corner of W. 25 h Street and S. Valentine Street. 3. The property contains a one-story brick and frame single-family residential structure with 2,700 square feet and four (4) bedrooms. 4. There will be one (1) live-in house manager. 5. There is a two -car wide driveway from S. Valentine Street with parking for six (6) vehicles. On -street parking is available along both W. 25 h and S. Valentine Streets. Most of the residents will not have a vehicle and use public transportation. Discuss this issue. 6. The site is not located on a CATA bus route. Route # 14 (Rosedale Route) runs along W. Roosevelt Road, approximately two (2) blocks to the south. 7. 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 twelve (12) persons is 1,250 square feet. As noted earlier, the residential structure contains 2,700 square feet. 8. Section 8-406(b) (minimum area per bedroom) requires 70 square feet for the first occupant and 50 square feet for each additional occupant. Provide area and number of persons occupying each bedroom. 9. Describe any other activities which will take place at this location (counseling, etc.). 10. The Bill of Assurance for this subdivision was recorded in 1912 and appears to not address use issues. 11. An area survey conducted by staff revealed the following residential living facilities within 1,500 feet of this property: • Compassion Center — 3618 Roosevelt Road (Homeless shelter for 200-250 men) • Magnolia Retirement Facility — 3601 Roosevelt Road (Living facility for up to 183 retired or disabled persons) a Quality Living # 1 — 3925 Asher Avenue (Chemical —free facility for up to 60 persons) • Quality Living # 2 — 2900 S. Cedar Street (Chemical -free facility for 10-15 persons) 0 St. Francis House — 2701 S. Elm Street (Homeless shelter for 40-50 veterans) • Compassion Center — 4210 Asher Avenue (Homeless shelter for up to 43 women) ■ 2519 and 2522 S. Maple Street — Special Use Permits were approved for two (2) group homes, but the uses are no longer in operation. Variance/Waivers, • None requested. ITEM NO.: 2. (CON'T) - - - _ (Z-8486-A) Public Works: 1. Obtain a franchise agreement from Public Works (Bennie Nicolo - 371-4818) for the fence and wall improvements located in the right-of-way. 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: The Fire Marshall 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. County Planning: No Comments. CATA: The site is not located on a CATA bus route. Route # 14 (Rosedale Route) runs along W. Roosevelt Road, approximately two (2) blocks to the south. Planning Division: No Comments. Landscape-. No Comments. Other: Provide additional information requested by staff (in writing) no later than Wednesday, January 18, 2012.