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HomeMy WebLinkAboutZ-8735 Staff AnalysisFebruary 2, 2012 ITEM NO.: 4 _ FILE NO.: Z-87 Name: Oxford House Group Home — Special Use Permit Location: 102 Brookside Drive Owner: AROX, LLC Applicant: Oxford House — Brookside/Jack Fryer 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 102 Brookside Drive. A. Public Notification: All owners of property located within 200 feet of the site and the Pennbrook/Cloverhill, Briarwood and Sunnymeade Neighborhood Associations were notified of the public hearing. B. Public Works Issues: No Comments. C. Staff Analysis: The R-2 zoned property at 102 Brookside Drive is occupied by a one-story frame single-family residential structure. The property is located at the northwest corner of Brookside Drive and West Markham Street. There is a one -car wide driveway from Brookside Drive, with a two -car wide carport on the north end of the residence. There is a one -car wide drive from West Markham Street, with parking for two (2) vehicles on the west side of the house. There is off-street parking for approximately five (5) vehicles. No on -street parking is allowed on either street. The properties to the east, west and north are zoned R-2 and contain single-family residences. A service station and large shopping center are located across West Markham Street to the south. The applicant, Oxford House — Brookside (Jack Fryer), is requesting a Special Use Permit to allow operation of a group home within the residential structure on the R-2 zoned property at 102 Brookside Drive. The applicant proposes the group home for up to seven (7) male residents February 2, 2012 ITEM NO.: 4 Cont. FILE NO.: Z-8735 who are disabled and recovering from alcohol or substance abuse. There will be no live -In staff. The applicant notes that no other activities such as counseling or meetings will take place on the site. The applicant also anticipates that no more than three (3) of the residents will 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 applicant notes that the total area of the residential structure is 1,900 square feet. The applicant proposes to house the residents in four (4) bedrooms as follows: Bedroom 1 — 120 square feet —1 resident Bedroom 2 —168 square feet — 2 residents Bedroom 3 —168 square feet — 2 residents Bedroom 4 —168 square feet — 2 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 7 persons is 750 square feet. As noted earlier the residential structure contains 1,900 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. 2 February 2, 2012 ITEM NO.: 4 (Cont. FILE NO.: Z-8735 (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: 2. Spacing of existing similar facilities. 3. Existing zoning and land use patterns. 4. The maximum number of individuals proposed to be served, the number of employees proposed and the type of services being proposed. 5. The need and provision for readily accessible public or quasi -public transportation. 6. Access to needed support services such as social services agencies, employment agencies and medical service providers. 7. 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, 3 February 2, 2012 ITEM NO.: 4 (Cont.) FILE NO.: Z-8735 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 located on CATA bus route #5 (West Markham Route), which runs along West Markham Street. The applicant submitted a copy of the Bill of Assurance for this neighborhood. The document was recorded in 1957 and appears to still be valid. The Bill of Assurance appears not to specifically address use issues, but contains the following statement: "The lots in this addition shall be known and described as residential lots, and no structure shall be erected on any residential lot other than one detached single-family residence." An area survey conducted by staff revealed only one (1) other living facility within 1,500 feet of this property; a nursing home on the west side of Brookside Drive, north of Rodney Parham Road. There are no other group home -type uses within this neighborhood to staffs knowledge. 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 a group home, as proposed by the applicant. Staff views the request as reasonable. The property is zoned R-2 and four (4) unrelated persons could occupy the structure by right. Additionally, 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. Utilizing the parking area in the rear yard area in combination with the carport and drive should be sufficient to serve the proposed group home use. Staff believes the proposed group home use will have no adverse impact on the adjacent properties or the general area. February 2, 2012 ITEM NO.: 4 Cont. FILE NO.: Z-8735 D. Subdivision Committee Comment: (January 11, 2012) Jack Fryer was present, representing the application. Staff briefly described the proposed group home use. In response to a question from staff, the applicant noted that there would be no live-in staff. Mr. Fryer noted that typically no more than three (3) of the residents would drive. Staff noted that additional information was needed with respect to the size of the residence and the size and occupancy of each bedroom. Staff also noted that a recorded copy of the bill of assurance was needed. The proposed group home use was briefly discussed. After the discussion, the Committee forwarded the application to the full Commission for final action. E. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a group home use at 102 Brookside Drive, subject to the following conditions: 1. A maximum of seven (7) handicapped residents will be allowed. 2. Compliance with all other requirements as found in Section 36-54(e)(4) of the Code. PLANNING COMMISSION ACTION: (FEBRUARY 2, 2012) Jack Fryer and Mike Shannon were present, representing the application. There were several objectors present. Staff presented the application with a recommendation of approval, with one (1) additional condition as follows: 3. All requirements of the Little Rock Fire Marshal be completed and an approval letter submitted to staff prior to occupancy as a group home. Cindy Dawson reviewed ordinance requirements with the Commission, specifically the presumption that a group home would be approved for five to eight persons if ordinance requirements are complied with. Jack Fryer addressed the Commission in support of the application. Mr. Fryer explained what Oxford House does and represents. He explained how the Oxford House program works and the rules associated with the use. He made further comments related to the Oxford House use. 5 February 2, 2012 ITEM NO.: 4 Cont. FILE NO.: Z-8735 Mike Shannon also addressed the Commission in support. He noted that it was his opinion that the use should be treated as a single family residence and not be required a special use permit. He stated that if the Commission considered the use a group home, he believed the use meets the presumption for approval as provided by the ordinance. He asked that the Fire Department requirements be waived and explained. Ruth Bell addressed the Commission with comments related to the proposed use. She commented on the Fire Department requirements. She asked that the residents of the home provide the area residents with phone numbers so that they could be contacted if problems arise. Robert Gminski, #3 Serenity Drive, addressed the Commission in opposition. He expressed concern that home was located at the corner of a major intersection. He explained that this was a reason for the Commission to deny the application. He stated that parking at the house would be a problem. He noted that the law states that some recovery substance abusers are not considered handicapped, and should not be allowing at this location. Missy Thomas Irvin, 507 Deerbrook, also addressed the Commission in opposition. She referred to the West Markham Street Neighborhood Plan. She read excerpts from the plan. Mollie Irvin, president of the Pennbrook/Cloverhill Neighborhood Association, addressed the Commission in opposition. She also discussed the traffic issue along West Markham Street and noted current traffic counts along West Markham Street and Brookside Drive. She also referred to the West Markham Neighborhood Action Plan. She explained that the group home did not belong at this location. She noted that the property had not been taken care of. She asked if any of the residents would be felons or sex offenders. Bill Clay, of 108 Brookside, also addressed the Commission in opposition. He expressed concern that the owner of the property did not live at the site. He noted that the use should be considered a business. Susan Anderson, of 9224 West Markham Street, also addressed the Commission in opposition. She expressed concern with safety issues. Leslie Anderson also spoke in opposition. He also expressed safety concerns. C: February 2, 2012 ITEM NO.: 4 (Cont-) FIL= NO.: Z-8735 Cheryl Crow, of 9008 West Markham Street, also spoke in opposition. She asked if she would have to disclose the group home use if she were to sell her house. This was briefly discussed. Robert Gminski made additional comments in opposition to the application. Cindy Dawson made additional comments related to the Fair Housing Act. Mr. Shannon noted that phone numbers of contact persons can be provided. He explained that the residents were handicapped and any resident fond to be actively using a controlled substance would be moved out of the house. He discussed the availability of parking on the site. He made comments related to the traffic issue at the intersection of West Markham Street and Brookside Drive. He explained that only handicapped persons as defined by the Fair Housing Act would be allowed as residents of the group home. Commissioner Nunnley asked about the Fair Housing Act. Mr. Shannon noted that only handicapped persons as defined by the act will be allowed. Commissioner Finney asked if the residents were required to have a job. Mr. Shannon stated that they are required to have a job. Commissioner Nunnley explained that the perception of the group home will impact property values in the area. He made additional comments related to the application. Commissioner Pierce asked how long the group home had been on the property. Mr. Shannon stated that since November 2010. Commissioner Pierce asked why the Oxford House web site stated that six (6) persons lived at this location. Mr. Fryer explained that they thought they could do it by right. Commissioner Pierce asked about waiving the Fire Department requirements. This issue was discussed. Mr. Shannon withdrew the request to waive the Fire Department requirements. Commissioner Changose asked about the parking situation at the site. Staff noted that Mr. Fryer anticipated no more than three (3) residents would drive. There was a discussion about how residents would be expelled from the house. Commissioner Finney asked about drug testing. Mr. Fryer stated that could be done on an as needed basis. Commissioner Fountain asked about security issues. Mr. Fryer briefly discussed the issues of enforcing the Oxford House rules. Commissioner Fountain asked 7 February 2, 2012 ITEM NO.: 4 Cont. FILE NO.: Z-8735 about the ages of persons in this house. Mr. Fryer stated that they could be any adult age, but the youngest resident at this location was 35. Commissioner Changose asked about visitors. Mr. Fryer noted that there were strict rules about visitors. There was brief discussion related to the parking situation on the site. Commissioner Nunnley asked about the presumption as outlined by the ordinance. He asked if the Commission could determine that the group home was not an appropriate use for this property. Cindy Dawson commented on the issue. Commissioner Laha asked who the property owner was. Mr. Fryer stated it was Sans Rodgers of AROX, LLC. There was a brief discussion of the bill of assurance. There was additional discussion related to the application. There was a motion to approve the application as recommended by staff, with the additional condition (Fire Department requirements) as noted by staff. The motion passed by a vote of 7 ayes, 2 nays, 1 abstention (Nunnley) and 1 absent. The application was approved. 0 SUBDIVISION COMMITTEE COMMENTS JAN VARY 11, 2012 \ t ITEM NO.. 4. OXFORD HOUSE GROUP HOME — SPECIAL USE PERMIT 102 BROOKSIDE DRIVE Z-8735 Planning_Staff Comments: 1. The applicant proposes to operate a group home for up to seven (7) persons (men) recovering from alcohol or substance abuse at 102 Brookside Drive. 2. The property is located at the northwest corner of Brookside Drive and W. Markham Street. 3. The property contains a one-story frame single-family residential structure. 4. Will there be a live-in house manager? 5. There is a one -car wide driveway from Brookside Drive and a two -car wide carport on the north end of the residence. There is a one -car wide driveway from W. Markham Street, with parking for two (2) vehicles on the west side of the house. There is off-street parking for approximately five (5) vehicles. How many of the residents will typically drive? Discuss this issue. 6. The site is located on CATA bus route # 5 (W. Markham Route) which runs along W. Markham Street. 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 seven (7) persons is 750 square feet. Provide total area of structure. 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. Provide copy of the Bill of Assurance for this subdivision. 11. An area survey conducted by staff revealed only one (1) other living facility within 1, 500 feet of this property; a nursing home on the west side of Brookside Drive, north of Rodney Parham Road. Variance/Waivers: ■ None requested. Public Works: 1. No Comments. 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 located on CATA bus route 4 5 (W. Markham Route) which runs along W. Markham Street. FILE NO.: Z-8735 Name: Oxford House Group Home — Special Use Permit Location: 102 Brookside Drive Owner: AROX, LLC Applicant: Oxford House — Brookside/Jack Fryer 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 102 Brookside Drive. A. Public Notification: All owners of property located within 200 feet of the site and the Pen nbrook/Cloverhill, Briarwood and Sunnymeade Neighborhood Associations were notified of the public hearing. B. Public Works Issues: No Comments. C. Staff Analysis: The R-2 zoned property at 102 Brookside Drive is occupied by a one-story frame single-family residential structure. The property is located at the northwest corner of Brookside Drive and West Markham Street. There is a one -car wide driveway from Brookside Drive, with a two -car wide carport on the north end of the residence. There is a one -car wide drive from West Markham Street, with parking for two (2) vehicles on the west side of the house. There is off-street parking for approximately five (5) vehicles. No on -street parking is allowed on either street. The properties to the east, west and north are zoned R-2 and contain single-family residences. A service station and large shopping center are located across West Markham Street to the south. The applicant, Oxford House — Brookside (Jack Fryer), is requesting a Special Use Permit to allow operation of a group home within the residential structure on the R-2 zoned property at 102 Brookside Drive. The applicant proposes the group home for up to seven (7) male residents who are disabled and recovering from alcohol or substance abuse. There FILE NO.: Z-8735 (Cont. will be no live-in staff. The applicant notes that no other activities such as counseling or meetings will take place on the site. The applicant also anticipates that no more than three (3) of the residents will 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 applicant notes that the total area of the residential structure is 1,900 square feet. The applicant proposes to house the residents in four (4) bedrooms as follows: Bedroom 1 — 120 square feet — 1 resident Bedroom 2 — 168 square feet — 2 residents Bedroom 3 — 168 square feet — 2 residents Bedroom 4 — 168 square feet — 2 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 7 persons is 750 square feet. As noted earlier the residential structure contains 1,900 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 2 FILE NO.: Z-8735 (Cont. 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. (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 3 FILE NO.: Z-8735(Cont.) procedural requirements established by the State of Arkansas. The site is located on CATA bus route #5 (West Markham Route), which runs along West Markham Street. The applicant submitted a copy of the Bill of Assurance for this neighborhood. The document was recorded in 1957 and appears to still be valid. The Bill of Assurance appears not to specifically address use issues, but contains the following statement: "The lots in this addition shall be known and described as residential lots, and no structure shall be erected on any residential lot other than one detached single-family residence." An area survey conducted by staff revealed only one (1) other living facility within 1,500 feet of this property; a nursing home on the west side of Brookside Drive, north of Rodney Parham Road. There are no other group home -type uses within this neighborhood to staffs knowledge. 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 a group home, as proposed by the applicant. Staff views the request as reasonable. The property is zoned R-2 and four (4) unrelated persons could occupy the structure by right. Additionally, 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. Utilizing the parking area in the rear yard area in combination with the carport and drive should be sufficient to serve the proposed group home use. Staff believes the proposed group home use will have no adverse impact on the adjacent properties or the general area. D. Subdivision Committee Comment: (January 11, 2012) Jack Fryer was present, representing the application. Staff briefly described the proposed group home use. In response to a question from staff, the applicant noted that there would be no live-in staff. Mr. Fryer noted that typically no more than three (3) of the residents would drive. Staff noted that additional information was needed with respect to the size of the residence and the size and occupancy of each bedroom. Staff also noted that a recorded copy of the bill of assurance was needed. The proposed group home use was briefly discussed. 4 FILE NO.: Z-8735 (Cont. After the discussion, the Committee forwarded the application to the full Commission for final action. E. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a group home use at 102 Brookside Drive, subject to the following conditions: 1. A maximum of seven (7) handicapped residents will be allowed. 2. Compliance with all other requirements as found in Section 36-54(e)(4) of the Code. PLANNING COMMISSION ACTION: (FEBRUARY 2, 2012) Jack Fryer and Mike Shannon were present, representing the application. There were several objectors present. Staff presented the application with a recommendation of approval, with one (1) additional condition as follows: 3. All requirements of the Little Rock Fire Marshal be completed and an approval letter submitted to staff prior to occupancy as a group home. Cindy Dawson reviewed ordinance requirements with the Commission, specifically the presumption that a group home would be approved for five to eight persons if ordinance requirements are complied with. Jack Fryer addressed the Commission in support of the application. Mr. Fryer explained what Oxford House does and represents. He explained how the Oxford House program works and the rules associated with the use. He made further comments related to the Oxford House use. Mike Shannon also addressed the Commission in support. He noted that it was his opinion that the use should be treated as a single family residence and not be required a special use permit. He stated that if the Commission considered the use a group home, he believed the use meets the presumption for approval as provided by the ordinance. He asked that the Fire Department requirements be waived and explained. Ruth Bell addressed the Commission with comments related to the proposed use. She commented on the Fire Department requirements. She asked that the residents of the home provide the area residents with phone numbers so that they could be contacted if problems arise. y01 FILE NO.: Z-8735 (Cont. Robert Gminski, #3 Serenity Drive, addressed the Commission in opposition. He expressed concern that home was located at the corner of a major intersection. He explained that this was a reason for the Commission to deny the application. He stated that parking at the house would be a problem. He noted that the law states that some recovery substance abusers are not considered handicapped, and should not be allowing at this location. Missy Thomas Irvin, 507 Deerbrook, also addressed the Commission in opposition. She referred to the West Markham Street Neighborhood Plan. She read excerpts from the plan. Mollie Irvin, president of the Pennbrook/Cloverhill Neighborhood Association, addressed the Commission in opposition. She also discussed the traffic issue along West Markham Street and noted current traffic counts along West Markham Street and Brookside Drive. She also referred to the West Markham Neighborhood Action Plan. She explained that the group home did not belong at this location. She noted that the property had not been taken care of. She asked if any of the residents would be felons or sex offenders. Bill Clay, of 108 Brookside, also addressed the Commission in opposition. He expressed concern that the owner of the property did not live at the site. He noted that the use should be considered a business. Susan Anderson, of 9224 West Markham Street, also addressed the Commission in opposition. She expressed concern with safety issues. Leslie Anderson also spoke in opposition. He also expressed safety concerns. Cheryl Crow, of 9008 West Markham Street, also spoke in opposition. She asked if she would have to disclose the group home use if she were to sell her house. This was briefly discussed. Robert Gminski made additional comments in opposition to the application. Cindy Dawson made additional comments related to the Fair Housing Act. Mr. Shannon noted that phone numbers of contact persons can be provided. He explained that the residents were handicapped and any resident fond to be actively using a controlled substance would be moved out of the house. He discussed the availability of parking on the site. He made comments related to the traffic issue at the intersection of West Markham Street and Brookside Drive. He explained that only handicapped persons as defined by the Fair Housing Act would be allowed as residents of the group home. Commissioner Nunnley asked about the Fair Housing Act. Mr. Shannon noted that only handicapped persons as defined by the act will be allowed. N FILE NO.: Z-8735 Commissioner Finney asked if the residents were required to have a job. Mr. Shannon stated that they are required to have a job. Commissioner Nunnley explained that the perception of the group home will impact property values in the area. He made additional comments related to the application. Commissioner Pierce asked how long the group home had been on the property. Mr. Shannon stated that since November 2010. Commissioner Pierce asked why the Oxford House web site stated that six (6) persons lived at this location. Mr. Fryer explained that they thought they could do it by right. Commissioner Pierce asked about waiving the Fire Department requirements. This issue was discussed. Mr. Shannon withdrew the request to waive the Fire Department requirements. Commissioner Changose asked about the parking situation at the site. Staff noted that Mr. Fryer anticipated no more than three (3) residents would drive. There was a discussion about how residents would be expelled from the house. Commissioner Finney asked about drug testing. Mr. Fryer stated that could be done on an as needed basis. Commissioner Fountain asked about security issues. Mr. Fryer briefly discussed the issues of enforcing the Oxford House rules. Commissioner Fountain asked about the ages of persons in this house. Mr. Fryer stated that they could be any adult age, but the youngest resident at this location was 35. Commissioner Changose asked about visitors. Mr. Fryer noted that there were strict rules about visitors. There was brief discussion related to the parking situation on the site. Commissioner Nunnley asked about the presumption as outlined by the ordinance. He asked if the Commission could determine that the group home was not an appropriate use for this property. Cindy Dawson commented on the issue. Commissioner Laha asked who the property owner was. Mr. Fryer stated it was Sans Rodgers of AROX, LLC. There was a brief discussion of the bill of assurance. There was additional discussion related to the application. 7 FILE NO.: 2-8735 (Cont. There was a motion to approve the application as recommended by staff, with the additional condition (Fire Department requirements) as noted by staff. The motion passed by a vote of 7 ayes, 2 nays, 1 abstention (Nunnley) and 1 absent. The application was approved. February 2, 2012 ITEM NO.: 4 FILE NO.: Z-8735 Name: Oxford House Group Home — Special Use Permit Location: 102 Brookside Drive Owner: AROX, LLC Applicant: Oxford House — Brookside/Jack Fryer 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 102 Brookside Drive. A. Public Notification: All owners of property located within 200 feet of the site and the Pen nbrook/Cloverhill, Briarwood and Sunnymeade Neighborhood Associations were notified of the public hearing. B. Public Works Issues: No Comments. C. Staff Analvsis: The R-2 zoned property at 102 Brookside Drive is occupied by a one-story frame single-family residential structure. The property is located at the northwest corner of Brookside Drive and West Markham Street. There is a one -car wide driveway from Brookside Drive, with a two -car wide carport on the north end of the residence. There is a one -car wide drive from West Markham Street, with parking for two (2) vehicles on the west side of the house. There is off-street parking for approximately five (5) vehicles. No on -street parking is allowed on either street. The properties to the east, west and north are zoned R-2 and contain single-family residences. A service station and large shopping center are located across West Markham Street to the south. The applicant, Oxford House — Brookside (Jack Fryer), is requesting a Special Use Permit to allow operation of a group home within the residential structure on the R-2 zoned property at 102 Brookside Drive. The applicant proposes the group home for up to seven (7) male residents February 2, 2012 ITEM NO.: 4 Cont. FILE NO.: Z-8735 who are disabled and recovering from alcohol or substance abuse. There will be no live-in staff. The applicant notes that no other activities such as counseling or meetings will take place on the site. The applicant also anticipates that no more than three (3) of the residents will 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 applicant notes that the total area of the residential structure is 1,900 square feet. The applicant proposes to house the residents in four (4) bedrooms as follows: Bedroom 1 —120 square feet —1 resident Bedroom 2 — 168 square feet — 2 residents Bedroom 3 —168 square feet — 2 residents Bedroom 4 — 168 square feet — 2 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 7 persons is 750 square feet. As noted earlier the residential structure contains 1,900 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. 2 February 2, 2012 ITEM NO.: 4 (Cont. FILE NO.: Z-8735 (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: 2. Spacing of existing similar facilities. 3. Existing zoning and land use patterns. 4. The maximum number of individuals proposed to be served, the number of employees proposed and the type of services being proposed. 5. The need and provision for readily accessible public or quasi -public transportation. 6. Access to needed support services such as social services agencies, employment agencies and medical service providers. 7. 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, M February 2, 2012 ITEM NO.: 4 Cont.) FILE NO.: Z-8735 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 located on CATA bus route #5 (West Markham Route), which runs along West Markham Street. The applicant submitted a copy of the Bill of Assurance for this neighborhood. The document was recorded in 1957 and appears to still be valid. The Bill of Assurance appears not to specifically address use issues, but contains the following statement: "The lots in this addition shall be known and described as residential lots, and no structure shall be erected on any residential lot other than one detached single-family residence." An area survey conducted by staff revealed only one (1) other living facility within 1,500 feet of this property; a nursing home on the west side of Brookside Drive, north of Rodney Parham Road. There are no other group home -type uses within this neighborhood to staff's knowledge. 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 a group home, as proposed by the applicant. Staff views the request as reasonable. The property is zoned R-2 and four (4) unrelated persons could occupy the structure by right. Additionally, 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. Utilizing the parking area in the rear yard area in combination with the carport and drive should be sufficient to serve the proposed group home use. Staff believes the proposed group home use will have no adverse impact on the adjacent properties or the general area. 0 February 2, 2012 ITEM NO.: I E Subdivision Committee Comment: FILE NO.: Z-8735 (January 11, 2012) Jack Fryer was present, representing the application. Staff briefly described the proposed group home use. In response to a question from staff, the applicant noted that there would be no live-in staff. Mr. Fryer noted that typically no more than three (3) of the residents would drive. Staff noted that additional information was needed with respect to the size of the residence and the size and occupancy of each bedroom. Staff also noted that a recorded copy of the bill of assurance was needed. The proposed group home use was briefly discussed. After the discussion, the Committee forwarded the application to the full Commission for final action. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a group home use at 102 Brookside Drive, subject to the following conditions: 1. A maximum of seven (7) handicapped residents will be allowed. 2. Compliance with all other requirements as found in Section 36-54(e)(4) of the Code. PLANNING COMMISSION ACTION: (FEBRUARY 2, 2012) Jack Fryer and Mike Shannon were present, representing the application. There were several objectors present. Staff presented the application with a recommendation of approval, with one (1) additional condition as follows: 3. All requirements of the Little Rock Fire Marshal be completed and an approval letter submitted to staff prior to occupancy as a group home. Cindy Dawson reviewed ordinance requirements with the Commission, specifically the presumption that a group home would be approved for five to eight persons if ordinance requirements are complied with. Jack Fryer addressed the Commission in support of the application. Mr. Fryer explained what Oxford House does and represents. He explained how the Oxford House program works and the rules associated with the use. He made further comments related to the Oxford House use. ii February 2, 2012 ITEM NO.: FILE NO.: Z-8735 Mike Shannon also addressed the Commission in support. He noted that it was his opinion that the use should be treated as a single family residence and not be required a special use permit. He stated that if the Commission considered the use a group home, he believed the use meets the presumption for approval as provided by the ordinance. He asked that the Fire Department requirements be waived and explained. Ruth Bell addressed the Commission with comments related to the proposed use. She commented on the Fire Department requirements. She asked that the residents of the home provide the area residents with phone numbers so that they could be contacted if problems arise. Robert Gminski, #3 Serenity Drive, addressed the Commission in opposition. He expressed concern that home was located at the corner of a major intersection. He explained that this was a reason for the Commission to deny the application. He stated that parking at the house would be a problem. He noted that the law states that some recovery substance abusers are not considered handicapped, and should not be allowing at this location. Missy Thomas Irvin, 507 Deerbrook, also addressed the Commission in opposition. She referred to the West Markham Street Neighborhood Plan. She read excerpts from the plan. Mollie Irvin, president of the Pennbrook/Cloverhill Neighborhood Association, addressed the Commission in opposition. She also discussed the traffic issue along West Markham Street and noted current traffic counts along West Markham Street and Brookside Drive. She also referred to the West Markham Neighborhood Action Plan. She explained that the group home did not belong at this location. She noted that the property had not been taken care of. She asked if any of the residents would be felons or sex offenders. Bill Clay, of 108 Brookside, also addressed the Commission in opposition. He expressed concern that the owner of the property did not live at the site. He noted that the use should be considered a business. Susan Anderson, of 9224 West Markham Street, also addressed the Commission in opposition. She expressed concern with safety issues. Leslie Anderson also spoke in opposition. He also expressed safety concerns. A February 2, 2012 ITEM NO.: 4 lConU FILE NO.: Z-8735 Cheryl Crow, of 9008 West Markham Street, also spoke in opposition. She asked if she would have to disclose the group home use if she were to sell her house. This was briefly discussed. Robert Gminski made additional comments in opposition to the application. Cindy Dawson made additional comments related to the Fair Housing Act. Mr. Shannon noted that phone numbers of contact persons can be provided. He explained that the residents were handicapped and any resident fond to be actively using a controlled substance would be moved out of the house. He discussed the availability of parking on the site. He made comments related to the traffic issue at the intersection of West Markham Street and Brookside Drive. He explained that only handicapped persons as defined by the Fair Housing Act would be allowed as residents of the group home. Commissioner Nunnley asked about the Fair Housing Act. Mr. Shannon noted that only handicapped persons as defined by the act will be allowed. Commissioner Finney asked if the residents were required to have a job. Mr. Shannon stated that they are required to have a job. Commissioner Nunnley explained that the perception of the group home will impact property values in the area. He made additional comments related to the application. Commissioner Pierce asked how long the group home had been on the property. Mr. Shannon stated that since November 2010. Commissioner Pierce asked why the Oxford House web site stated that six (6) persons lived at this location. Mr. Fryer explained that they thought they could do it by right. Commissioner Pierce asked about waiving the Fire Department requirements. This issue was discussed. Mr. Shannon withdrew the request to waive the Fire Department requirements. Commissioner Changose asked about the parking situation at the site. Staff noted that Mr. Fryer anticipated no more than three (3) residents would drive. There was a discussion about how residents would be expelled from the house. Commissioner Finney asked about drug testing. Mr. Fryer stated that could be done on an as needed basis. Commissioner Fountain asked about security issues. Mr. Fryer briefly discussed the issues of enforcing the Oxford House rules. Commissioner Fountain asked 7 February 2, 2012 ITEM NO.: 4 Cont. FILE NO.: Z-8735 about the ages of persons in this house. Mr. Fryer stated that they could be any adult age, but the youngest resident at this location was 35. Commissioner Changose asked about visitors. Mr. Fryer noted that there were strict rules about visitors. There was brief discussion related to the parking situation on the site. Commissioner Nunnley asked about the presumption as outlined by the ordinance. He asked if the Commission could determine that the group home was not an appropriate use for this property. Cindy Dawson commented on the issue. Commissioner Laha asked who the property owner was. Mr. Fryer stated it was Sans Rodgers of AROX, LLC. There was a brief discussion of the bill of assurance There was additional discussion related to the application. There was a motion to approve the application as recommended by staff, with the additional condition (Fire Department requirements) as noted by staff. The motion passed by a vote of 7 ayes, 2 nays, 1 abstention (Nunnley) and 1 absent. The application was approved. 0