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HomeMy WebLinkAboutZ-8637 Staff AnalysisApril 7, 2011 ITEM NO.: 3 FILE ND.: Z-8637 NAME: Young Group Care Facility — Special Use Permit LOCATION: 1509 S. Washington Street OWNER: Lawrence Braggs APPLICANT: Valarie Young PROPOSAL: A Special Use Permit is requested to allow a Group Care Facility to be operated in the single family residence located on the R-3 zoned property at 1509 S. Washington 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 Curran -Conway, Hope, Forest Hills, Midway, Oak Forest and War Memorial Neighborhood Associations were notified of the public hearing. B. Public Works Issues: No Comments. C. Staff Analysis: The R-3 zoned property at 1509 S. Washington Street is occupied by a one-story frame residential structure, with a two-story addition at the rear of the structure. There is a concrete driveway from S. Washington Street, with parking for two (2) vehicles. The driveway is located at the northwest corner of the property. On -street parking is allowed along both sides of S. Washington Street. Single family residences are located on the R-3 zoned property to the north, south and west (across S. Washington Street). A large commercial building (Edwards Custom Iron Works) is located on 1-3 zoned property immediately to the east at 4415 West 15th Street. The applicant, Valarie Young, is requesting a special use permit to allow operation of a group care facility within the residential structure on the R-3 zoned property at 1509 S. Washington Street. The applicant proposes the group care facility to house up to eight (8) youth residents, ages 15 to 17. The applicant notes that two (2) staff persons will be at the residence at all times, in eight (8) hour shifts. No staff will reside at the residence. The April 7, 2011 ITEM NO: 3 (Cont. FILE Na.: Z-8637 residents will be at -risk youth who will be referred to the facility by the State Department of Human Services and other agencies. The applicant proposes to construct a second parking pad (one -car width) at the southwest corner of the lot, accessed from S. Washington Street. The new parking pad will allow for off-street parking for one (1) additional vehicle, with a total of three (3) off-street parking spaces. The applicant has noted that there will not be a need for more than three (3) off-street" parking spaces. Following is the definition of a group care facility as found in Section 36-3 of the City's Zoning Ordinance: "Group care facility means a facility providing shelter, counseling and other rehabilitative services to more than six (6) but fewer than sixteen (16) residents and not more than three (3) staff or supervisory personnel. The individuals require some level of supervision or care; however, no medical or nursing care shall take place on the site. The facility shall be licensed and/or approved by the State of Arkansas." The applicant notes that the total area of the residential structure is 1,815 square feet. The applicants propose to house the residents in three (3) bedrooms as follows: Bedroom 1 — 161 sq. ft. — 2 residents Bedroom 2 — 415 sq. ft. — 3 residents Bedroom 3 — 401 sq. ft. — 3 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 8 persons is 850 square feet. As noted earlier the residential structure contains 1,815 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: 2 April 7, 2011 ITEM NO: 3 f Cont. FILE NO.: Z-8637 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 or 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. 3 April 7, 2011 ITEM NO: 3 (Cont. FILE NO.: Z-8637 (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. Bus Route #3 (Baptist Medical Center Route) runs along West 12th Street to the north. The applicant has noted that a Bill of Assurance for this subdivision could not be located by Pulaski County personnel. An area survey conducted by staff revealed that there are two (2) existing residential living facilities within 1,500 feet of this property. The two (2) facilities are as follows: • Elm Street Community Center —17th and Elm Streets This facility is for low income, homeless and disabled residents. As of March 16, 2011, this facility has 33 tenants, with a capacity to accommodate 51 residents. Arkansas Veteran's Home — 4701 Charles E. Bussey (20th Street) This facility is only for veterans that have an honorable discharge from the military and must be deemed disabled by the Veteran's Administration. As of March 16, 2011 this facility has 70 residents, with a capacity to accommodate 105 residents. Staff does not support the requested Special Use Permit to allow a group care facility at 1509 S. Washington Street. Although non-residential uses exist on the properties to the east and northeast, the subject property is located several blocks off an arterial or collector street, within a single family residential neighborhood. Additionally, there are two (2) other transitional -type living facilities located within this neighborhood, within 1,500 feet of this property. The Elm Street Community Center is located three to four blocks to the east, with a capacity of 51 low-income, homeless and disabled residents. The Arkansas Veteran's Home is located three to four blocks to the south, with a capacity of 105 disabled veterans. Staff believes that adding another transitional -type living facility in this neighborhood would be excessive and have an adverse impact on the adjacent and nearby residential properties. M April 7, 2011 ITEM NO: 3 Cont.) D. Subdivision Committee Comments: FILE NO.: Z-8637 (MARCH 17, 2011 The applicant was not present. Staff presented the application. Staff noted that additional information was needed on the size of the structure and the size of the bedrooms. Staff also noted that information was needed regarding the parking situation for the proposed group care facility. The proposed group care facility was briefly discussed. The surrounding uses were also discussed. After the discussion, the Committee forwarded the issue to the full Commission for final action. E. Staff Recommendation: Staff recommends denial of the requested Special Use Permit to allow a group care facility at 1509 S. Washington Street. PLANNING COMMISSION ACTION: (APRIL 7, 2011) Valarie Young was present, representing the application. There were several persons present in opposition. Staff presented the application with a recommendation of denial. Valarie Young addressed the Commission in support of the application. She briefly described the proposed group care facility use. She noted that the residents would be taught life skills for independent living. She explained that the facility is needed to help youth in the area. Charles Gaines, of 1506 S. Washington Street, spoke in opposition. He explained that the immediate area contained many retired residents. Norman Russell, of 1505 S. Washington Street, also spoke in opposition. He explained that the area was not a good area for youth to live. He noted many of the youth in the area would be a bad influence on the proposed residents. Victoria Gaines, of 1506 S. Washington Street, also spoke in opposition. She explained that the neighborhood had problems in the past. Diane White, of 1424 S. Washington Street, also addressed the Commission in opposition. She noted that many of the immediate neighbors had lived in the area for a long period of time. She explained that the proposed location was not appropriate for a group care facility for youth. -0 April 7, 2011 ITEM NO: 3 (Cont. FILE NO.: Z-8637 Vivian Lambert, of 1504 S. Washington Street, also spoke in opposition. She noted that she was retired and had lived at this location for 33 years. She explained that the neighborhood did not need a facility of this type. She noted that there was much traffic at this location. Louis Cobb, of 1408 S. Washington Street, also spoke in opposition. He explained that the proposed location was not a good place for the proposed facility. Louise Boone, of 4509 West 16th Street, also spoke in opposition. She explained that the neighborhood had problems in the past with unsupervised youth. Mary Pegram, of 4505 West 16th Street, also spoke in opposition. She noted that she has lived at this location for over 40 years. She explained that the location was not appropriate for the proposed facility. Valarie Young explained that the residents of the facility would be supervised 24 hours per day, seven (7) days per week. She also explained that the facility will be an independent living home. She noted that the residents would have jobs or be in school. There was a motion to approve the application as filed. The motion failed by a vote of 0 ayes, 9 nays, 1 absent and 1 recusal (Fountain). The application was denied.