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Home My WebLink AboutZ-8486-B Staff AnalysisNovember 15, 2018 ITEM NO.: 1 Name: Location: Owner/Applicant: Proposal: 0 Al FILE NO.: Z-8486-B Newton Group Home — Special Use Permit 3517 West 25th Street Terrell Newton The request is to change the ownership of a previously approved Special Use Permit for a group home. 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. blic Works Issues: No Comments. C. Staff Analysis: The R-3 zoned property at 3517 West 35th Street is occupied by a one- story brick and frame residential structure. The property is located at the southeast corner of West 25th and S. Valentine Streets. There is 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. On May 1, 2012 the City Board of Directors approved a Special Use Permit for 3517 West 25th Street to allow a group home for a maximum of eight (8) handicapped residents (female) and two (2) live-in house managers (with some in-house counseling). The Special Use Permit was issued to the property owners, Gaylon and Myriam Carter. Terrell Newton is the new property owner. According to Section 36-54(d) of the City's Zoning Ordinance, Special Use Permits shall not be transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. Therefore, a new special use permit is requested for Mr. Newton, the new property owner. Mr. Newton proposes to continue to operate the group home as was previously approved. November 15, 2018 ITEM NO.: 1 (Cont.) FILE NO.: Z-8486-B 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 applicant notes that the total area of the residential structure is 2,700 square feet. The applicant proposes to house the residents in three (3) bedrooms as follows: Bedroom 1 — 255 square feet — 3 residents Bedroom 2 — 144 square feet — 2 residents (house managers) Bedroom 3 — 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 10 persons is 1,050 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 surrounding properties and neighborhood. Unless the commission determines that a different area is more appropriate, a 2 November 15, 2018 1 (Cont.) FILE NO.: Z-8486-B 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. 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. 3 November 15, 2018 ITEM NO.: 1 (Cont. FILE NO.: Z-8486-B The applicant previously 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 previously 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 10-15 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 men) 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 is supportive of the application for continued operation of a group home, as proposed by the applicant. Staff views the request as reasonable. As noted in Section 36-54(e)(4) of the code (page 3. of the staff report), there shall be a presumption that a special use permit for a group home of 5 to 8 handicapped persons will be granted if all ordinance requirements are met. Staff believes that is the case with the subject property. The current request represents nothing more than a change of property ownership for the existing group home. To staff's knowledge there have been no complaints received for this property since the group home began operation. Staff believes the proposed group home is an appropriate use of this property. 2 November 15, 2018 ITEM NO.: 1 (Cont.) . FILE NO.: Z-8486-B D. Subdivision Committee Comment: (October 24, 2018) Terrell Newton was present, representing the application. Staff presented the application, noting that Mr. Newton was the new owner of the property at 3517 West 25th Street. Staff noted that a special use permit for a group home had previously been approved for the property, and that Mr. Newton proposed to continue operating the group home as the new owner. Mr. Newton noted that there would be no changes to the operation of the previously approved group home. After a brief discussion, the Committee forwarded the application to the full Commission for resolution. E. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow continued operation of a group home at 3517 West 25th Street, subject to the following conditions: 1. A maximum of eight (8) handicapped residents will be allowed, with two (2) live-in house managers. 2. Compliance with all requirements as found in Section 36-54(e)(4) of the Code. PLANNING COMMISSION ACTION: (NOVEMBER 15, 2018) The applicants were present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff by a vote of 6 ayes, 0 noes and 5 absent. li