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HomeMy WebLinkAboutZ-8805 Staff AnalysisNovember 29, 2012 ITEM NO.: A FILE NO.: Z-8805 Name: Oxford House Group Home — Special Use Permit Location: 101 N. Plaza Drive Owner: AROX, LLC Applicant: Oxford House/Jack T. Fryer, Jr. Proposal: A Special Use Permit is requested to allow a group home to be operated in the single family residence located on the R-2 zoned property at 101 N. Plaza Drive. A. Public Notification: All owners of property located within 200 feet of the site and the Briarwood Neighborhood Association were notified of the public hearing. B. Public Works Issues: No Comments. C. Fire Department Issues: 1. Have fire extinguisher serviced with a current inspection -tag. 2. Place two (2) exit signs above doors (front and back). 3. Place floorplans with exit locations in each bedroom, common room and kitchen. 4. Place hardwired and inter -connected smoke detectors in each bedroom, living room and kitchen. D. Staff Analysis: The R-2 zoned property at 101 N. Plaza Drive is occupied by a one-story single-family residential structure. The property is located at the northeast corner of N. Plaza Drive and West Markham Street. A circular drive with parking for three (3) vehicles is located on the west side of the house. A two -car wide driveway from W. Markham Street is located at the southeast corner of the property. The drive leads to a two -car wide carport at the January 10, 2013 ITEM NO.: A _ FILE NO.: Z-8805 Name: Oxford House Group Home — Special Use Permit Location: 101 N. Plaza Drive Owner: AROX, LLC Applicant: Oxford House/Jack T. Fryer, Jr. Proposal: A Special Use Permit is requested to allow a group home to be operated in the single family residence located on the R-2 zoned property at 101 N. Plaza Drive. A. Public Notification: All owners of property located within 200 feet of the site and the Briarwood Neighborhood Association were notified of the public hearing. B. Public Works Issues: No Comments. C. Fire Department_ Issues: 1. Have fire extinguisher serviced with a current inspection tag. 2. Place two (2) exit signs above doors (front and back). 3. Place floorplans with exit locations in each bedroom, common room and kitchen. 4. Place hardwired and inter -connected smoke detectors in each bedroom, living room and kitchen. D. Staff Analysis: The R-2 zoned property at 101 N. Plaza Drive is occupied by a one-story single-family residential structure. The property is located at the northeast corner of N. Plaza Drive and West Markham Street. A circular drive with parking for three (3) vehicles is located on the west side of the house. A two -car wide driveway from W. Markham Street is located at the southeast corner of the property. The drive leads to a two -car wide carport at the January 10, 2013 ITEM NO.: A Cont. FILE NO.: Z-8805 southeast corner of the house. There is parking for at least six (6) vehicles, utilizing the carport and along the driveway. The properties to the north, east and west are zoned R-2 and contain single family residences. Single family residences are also located across West Markham Street to the south, with church and school facilities to the southwest along S. Hughes Street. The applicant, Oxford House Plaza 101 (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 101 N. Plaza 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 will be no live-in staff. The applicant notes that no other activities such as counseling or meetings will take place on the site. 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 1,780 square feet. The applicant proposes to house the residents in four (4) bedrooms as follows: Bedroom 1 — 88 square feet — 1 resident Bedroom 2 — 200 square feet — 2 residents Bedroom 3 — 130 square feet — 2 residents Bedroom 4 — 132 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 1,780 square feet. 2 January 10, 2013 ITEM NO.: A (Cont. FILE NO.: Z-8805 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 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 January 10, 2013 ITEM NO.: A (Cont.) FILE NO.: Z-8805 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 located on CATA bus routes #5 (West Markham Route) and #8 (Rodney Parham Route). The applicant submitted a copy of a Bill of Assurance for the subdivision. It was recorded in 1958 and appears to have expired in 2000. An area survey conducted by staff revealed no existing similar facilities within 1,500 feet of the subject property. 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 circular drive should be sufficient to serve the proposed group 4 January 10, 2013 ITEM NO.: A (Cont.) FILE NO.: Z-8805 home use. Staff believes the proposed group home is an appropriate use for this property. E. Subdivision Committee Comment: (September 20, 2012) Jack Fryer and Mike Shannon were present, requesting the application. Staff briefly described the proposed group home. Staff noted that additional information was needed with respect to the size of the house and each bedroom. The applicants noted that the information would be provided. Staff also noted that the fire marshal must approve use of the structure as a group home. Mr. Fryer and Mr. Shannon briefly described the Oxford House program. After the discussion, the Committee forwarded the application to the full Commission for final action. F. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a group home at 101 N. Plaza Drive, subject to the following conditions: 1. A maximum of seven (7) handicapped residents will be allowed. 2. Compliance with the Fire Department requirements as noted in paragraph C. of the staff report. 3. Compliance with all other requirements as found in Section 36-54(e)(4) of the Code. PLANNING COMMISSION ACTION: (OCTOBER 11, 2012) Staff informed the Commission that the applicant submitted a letter on September 21, 2012 requesting this application be deferred to the November 29, 2012 agenda based on the fact that the required sign had not been posted on the property. Staff supported the deferral request. The item was placed on the consent agenda and deferred to the November 29, 2012 agenda. The vote was 6 ayes, 0 noes and 5 absent. 5 January 10, 2013 ITEM NO.: A (Cont. PLANNING COMMISSION ACTION: FILE NO.: Z-8805 (NOVEMBER 29, 2012) Michael Shannon and Jack Fryer were present, representing the application. There were several objectors present. Michael Shannon addressed the Commission, requesting a deferral to the January 10, 2013 agenda in order to meet with neighbors regarding the application. Allen Klak, representative from the neighborhood, agreed to the deferral. There was a motion to defer the application to the January 10, 2013 Planning Commission agenda. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. PLANNING COMMISSION ACTION: (JANUARY 10, 2013) Michael Shannon and Jack Fryer were present, representing the application. There were four (4) persons present in opposition. Staff presented the application with a recommendation of approval. Michael Shannon addressed the Commission in support of the application. He noted that Oxford House has been in operation since 1975. He briefly described the Oxford House program and legal issues related to the proposed type of use. Cindy Dawson, City Attorney, discussed the legal issues related to the Fair Housing Act. Jeanette Krohn addressed the Commission in opposition. She made comments regarding how Oxford House operates. She expressed concern with traffic and on -street parking in the area. She also expressed concern with Oxford House accepting convicted felons. She explained that the group home should have a smaller number of residents. Ruth Bell also spoke in opposition. She asked that the applicant provide the area residents with contact information for Oxford House. Allen Klak also spoke in opposition. He noted that the neighbors had several meetings with Oxford House. He expressed objection to seven (7) male residents at the subject location. He explained that four (4) residents would be more acceptable. 0 November 29, 2012 ITEM NO.: A (Cont. FILE NO.: Z-8805 southeast corner of the house. There is parking for at least six (6) vehicles, utilizing the carport and along the driveway. The properties to the north, east and west are zoned R-2 and contain single family residences. Single family residences are also located across West Markham Street to the south, with church and school facilities to the southwest along S. Hughes Street. The applicant, Oxford House Plaza 101 (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 101 N. Plaza 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 will be no live-in staff. The applicant notes that no other activities such as counseling or meetings will take place on the site. 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 1,780 square feet. The applicant proposes to house the residents in four (4) bedrooms as follows: Bedroom 1 — 88 square feet — 1 resident Bedroom 2 — 200 square feet — 2 residents Bedroom 3 —130 square feet — 2 residents Bedroom 4 — 132 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 1,780 square feet. 2 November 29, 2012 NO.: A (Cont. FILE NO.: Z-8805 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 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 November 29, 2012 ITEM NO.: A (Cont. FILE NO.: Z-8805 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 located on CATA bus routes #5 (West Markham Route) and #8 (Rodney Parham Route). The applicant submitted a copy of a Bill of Assurance for the subdivision. It was recorded in 1958 and appears to have expired in 2000. An area survey conducted by staff revealed no existing similar facilities within 1,500 feet of the subject property. 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 circular drive should be sufficient to serve the proposed group 4 November 29, 2012 ITEM NO.: A(Cont.)FILE NO.: Z-8805 home use. Staff believes the proposed group home is an appropriate use for this property. E. Subdivision Committee Comment: (September 20, 2012) Jack Fryer and Mike Shannon were present, requesting the application. Staff briefly described the proposed group home. Staff noted that additional information was needed with respect to the size of the house and each bedroom. The applicants noted that the information would be provided. Staff also noted that the fire marshal must approve use of the structure as a group home. Mr. Fryer and Mr. Shannon briefly described the Oxford House program. After the discussion, the Committee forwarded the application to the full Commission for final action. F. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a group home at 101 N. Plaza Drive, subject to the following conditions: 1. A maximum of seven (7) handicapped residents will be allowed. 2. Compliance with the Fire Department requirements as noted in paragraph C. of the staff report. 3. Compliance with all other requirements as found in Section 36-54(e)(4) of the Code. PLANNING COMMISSION ACTION: (OCTOBER 11, 2012) Staff informed the Commission that the applicant submitted a letter on September 21, 2012 requesting this application be deferred to the November 29, 2012 agenda based on the fact that the required sign had not been posted on the property. Staff supported the deferral request. The item was placed on the consent agenda and deferred to the November 29, 2012 agenda. The vote was 6 ayes, 0 noes and 5 absent. 5 November 29, 2012 ITEM NO.: A Cont. FILE NO.: Z-8805 PLANNING COMMISSION ACTION: (NOVEMBER 29, 2012) Michael Shannon and Jack Fryer were present, representing the application. There were several objectors present. Michael Shannon addressed the Commission, requesting a deferral to the January 10, 2013 agenda in order to meet with neighbors regarding the application. Allen Klak, representative from the neighborhood, agreed to the deferral. There was a motion to defer the application to the January 10, 2013 Planning Commission agenda. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. A January 10, 2013 ITEM NO.: A (Cont.) FILE NO_: Z-8805 Ann Marshall also spoke in opposition. She noted that she had submitted a letter to the Commission and read excerpts from the letter. She asked that the maximum occupancy be four (4) residents. Michael Shannon explained that the Arkansas Department of Human Services supported the Oxford House program. He provided contact numbers to the neighbors. He noted that Oxford House had met with the neighbors and explained why the application was previously deferred. Commissioner Pierce asked how many persons currently resided in the house and noted that the Oxford House web site stated that the house was for seven (7) residents. Mr. Shannon explained that the house has had no more than four (4) residents. Commissioner Nunnley asked about an agreement to limit the number of residents. Mr. Shannon explained that there was never an agreement. Commissioner Nunnley asked about the number of bedrooms in the house. Jack Fryer explained that a fourth bedroom was created out of part of the living room area. Staff noted that the house would contain slightly over 1,200 square feet of common area. It was also noted that the house contained two (2) bathroom areas. There was a brief discussion related to the legal issues associated with the proposed group home. There was brief additional discussion related to the Oxford House program. Mr. Shannon noted that seven (7) residents were requested for this location because of the size of the house. Chairman Rector asked Ms. Dawson if there had been any testimony at this public hearing that would lead the Commission to deny the application. Ms. Dawson noted that she had heard none. There was a motion to approve the application as recommended by staff. The motion passed by a vote of 6 ayes, 3 nays, 1 absent and 1 open position. The application was approved. 7 FILE NC.: Z-8805 Cont. 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, 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. 3 FILE NO.: Z-8805 (Cont. (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 located on CATA bus routes #5 (West Markham Route) and #8 (Rodney Parham Route). The applicant submitted a copy of a Bill of Assurance for the subdivision. It was recorded in 1958 and appears to have expired in 2000. An area survey conducted by staff revealed no existing similar facilities within 1,500 feet of the subject property. 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 circular drive should be sufficient to serve the proposed group home use. Staff believes the proposed group home is an appropriate use for this property. E. Subdivision Committee Comment: (September 20, 2012) Jack Fryer and Mike Shannon were present, requesting the application. Staff briefly described the proposed group home. Staff noted that additional information was needed with respect to the size of the house and each bedroom. The applicants noted that the information would be provided. Staff also noted that the fire marshal must approve use of the structure as a group home. Mr. Fryer and Mr. Shannon briefly described the Oxford House program. After the discussion, the Committee forwarded the application to the full Commission for final action. 112 ILE NO.: Z-8805 F. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a group home at 101 N. Plaza Drive, subject to the following conditions: 1. A maximum of seven (7) handicapped residents will be allowed. 2. Compliance with the Fire Department requirements as noted in paragraph C. of the staff report. 3. Compliance with all other requirements as found in Section 36-54(e)(4) of the Code. PLANNING COMMISSION ACTION: (OCTOBER 11, 2012) Staff informed the Commission that the applicant submitted a letter on September 21, 2012 requesting this application be deferred to the November 29, 2012 agenda based on the fact that the required sign had not been posted on the property. Staff supported the deferral request. The item was placed on the consent agenda and deferred to the November 29, 2012 agenda. The vote was 6 ayes, 0 noes and 5 absent. PLANNING COMMISSION ACTION: (NOVEMBER 29, 2012) Michael Shannon and Jack Fryer were present, representing the application. There were several objectors present. Michael Shannon addressed the Commission, requesting a deferral to the January 10, 2013 agenda in order to meet with neighbors regarding the application. Allen Klak, representative from the neighborhood, agreed to the deferral. There was a motion to defer the application to the January 10, 2013 Planning Commission agenda. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. 5 FILE NO.: Z-8805 (Cont.) PLANNING COMMISSION ACTION: (JANUARY 10, 2013) Michael Shannon and Jack Fryer were present, representing the application. There were four (4) persons present in opposition. Staff presented the application with a recommendation of approval. Michael Shannon addressed the Commission in support of the application. He noted that Oxford House has been in operation since 1975. He briefly described the Oxford House program and legal issues related to the proposed type of use. Cindy Dawson, City Attorney, discussed the legal issues related to the Fair Housing Act. Jeanette Krohn addressed the Commission in opposition. She made comments regarding how Oxford House operates. She expressed concern with traffic and on -street parking in the area. She also expressed concern with Oxford House accepting convicted felons. She explained that the group home should have a smaller number of residents. Ruth Bell also spoke in opposition. She asked that the applicant provide the area residents with contact information for Oxford House. Allen Klak also spoke in opposition. He noted that the neighbors had several meetings with Oxford House. He expressed objection to seven (7) male residents at the subject location. He explained that four (4) residents would be more acceptable. Ann Marshall also spoke in opposition. She noted that she had submitted a letter to the Commission and read excerpts from the letter. She asked that the maximum occupancy be four (4) residents. Michael Shannon explained that the Arkansas Department of Human Services supported the Oxford House program. He provided contact numbers to the neighbors. He noted that Oxford House had met with the neighbors and explained why the application was previously deferred. Commissioner Pierce asked how many persons currently resided in the house and noted that the Oxford House web site stated that the house was for seven (7) residents. Mr. Shannon explained that the house has had no more than four (4) residents. Commissioner Nunnley asked about an agreement to limit the number of residents. Mr. Shannon explained that there was never an agreement. Commissioner Nunnley asked about the number of bedrooms in the house. Jack Fryer explained that a fourth bedroom was created out of part of the living room area. Staff noted that the house would contain slightly over 1,200 square feet of A FILE NO.: Z-8805(Cont.) common area. It was also noted that the house contained two (2) bathroom areas. There was a brief discussion related to the legal issues associated with the proposed group home. There was brief additional discussion related to the Oxford House program. Mr. Shannon noted that seven (7) residents were requested for this location because of the size of the house. Chairman Rector asked Ms. Dawson if there had been any testimony at this public hearing that would lead the Commission to deny the application. Ms. Dawson noted that she had heard none. There was a motion to approve the application as recommended by staff. The motion passed by a vote of 6 ayes, 3 nays, 1 absent and 1 open position. The application was approved. 7 FILE NO.: Z Name: Oxford House Group Home — Special Use Permit Location: 101 N. Plaza Drive Owner: AROX, LLC Applicant: Oxford House/Jack T. Fryer, Jr. Proposal: A Special Use Permit is requested to allow a group home to be operated in the single family residence located on the R-2 zoned property at 101 N. Plaza Drive. A. Public Notification: All owners of property located within 200 feet of the site and the Briarwood Neighborhood Association were notified of the public hearing. B. Public Works Issues: No Comments. C. Fire Department Issues: 1. Have fire extinguisher serviced with a current inspection tag. 2. Place two (2) exit signs above doors (front and back). 3. Place floorplans with exit locations in each bedroom, common room and kitchen. 4. Place hardwired and inter -connected smoke detectors in each bedroom, living room and kitchen. D. Staff Analysis: The R-2 zoned property at 101 N. Plaza Drive is occupied by a one-story single-family residential structure. The property is located at the northeast corner of N. Plaza Drive and West Markham Street. A circular drive with parking for three (3) vehicles is located on the west side of the house. A two -car wide driveway from W. Markham Street is located at the southeast corner of the property. The drive leads to a two -car wide carport at the FILE NO.: Z-8805 (Cont. southeast corner of the house. There is parking for at least six (6) vehicles, utilizing the carport and along the driveway. The properties to the north, east and west are zoned R-2 and contain single family residences. Single family residences are also located across West Markham Street to the south, with church and school facilities to the southwest along S. Hughes Street. The applicant, Oxford House Plaza 101 (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 101 N. Plaza 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 will be no live-in staff. The applicant notes that no other activities such as counseling or meetings will take place on the site. 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 1,780 square feet. The applicant proposes to house the residents in four (4) bedrooms as follows: Bedroom 1 — 88 square feet — 1 resident Bedroom 2 — 200 square feet — 2 residents Bedroom 3 — 130 square feet — 2 residents Bedroom 4 — 132 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 1,780 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. 2 FILE NO.: Z-8805 Name: Oxford House Group Home — Special Use Permit Location: 101 N. Plaza Drive Owner: AROX, LLC Applicant: Oxford House/Jack T. Fryer, Jr. Proposal: A Special Use Permit is requested to allow a group home to be operated in the single family residence located on the R-2 zoned property at 101 N. Plaza Drive. A. Public Notification: All owners of property located within 200 feet of the site and the Briarwood Neighborhood Association were notified of the public hearing. B. Public Works Issues: No Comments, C. Fire Department Issues: 1. Have fire extinguisher serviced with a current inspection tag. 2. Place two (2) exit signs above doors (front and back). 3. Place floorplans with exit locations in each bedroom, common room and kitchen. 4. Place hardwired and inter -connected smoke detectors in each bedroom, living room and kitchen. D. Staff Analysis: The R-2 zoned property at 101 N. Plaza Drive is occupied by a one-story single-family residential structure. The property is located at the northeast corner of N. Plaza Drive and West Markham Street. A circular drive with parking for three (3) vehicles is located on the west side of the house. A two -car wide driveway from W. Markham Street is located at the southeast corner of the property. The drive leads to a two -car wide carport at the FILE NO.: Z-8805 (Cont. southeast corner of the house. There is parking for at least six (6) vehicles, utilizing the carport and along the driveway. The properties to the north, east and west are zoned R-2 and contain single family residences. Single family residences are also located across West Markham Street to the south, with church and school facilities to the southwest along S. Hughes Street. The applicant, Oxford House Plaza 101 (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 101 N. Plaza 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 will be no live-in staff. The applicant notes that no other activities such as counseling or meetings will take place on the site. 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 1,780 square feet. The applicant proposes to house the residents in four (4) bedrooms as follows: Bedroom 1 — 88 square feet — 1 resident Bedroom 2 — 200 square feet — 2 residents Bedroom 3 — 130 square feet — 2 residents Bedroom 4 — 132 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 1,780 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. i•: FILE NO.: Z-8805 Cont.) 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 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. 3 FILE NO.: Z-8805 (Cont. (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 located on CATA bus routes #5 (West Markham Route) and #8 (Rodney Parham Route). The applicant submitted a copy of a Bill of Assurance for the subdivision. It was recorded in 1958 and appears to have expired in 2000. An area survey conducted by staff revealed no existing similar facilities within 1,500 feet of the subject property. 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 circular drive should be sufficient to serve the proposed group home use. Staff believes the proposed group home is an appropriate use for this property. E. Subdivision Committee Comment: (September 20, 2012) Jack Fryer and Mike Shannon were present, requesting the application. Staff briefly described the proposed group home. Staff noted that additional information was needed with respect to the size of the house and each bedroom. The applicants noted that the information would be provided. Staff also noted that the fire marshal must approve use of the structure as a group home. Mr. Fryer and Mr. Shannon briefly described the Oxford House program. After the discussion, the Committee forwarded the application to the full Commission for final action. 0 FILE NO.: Z-8805 (Cont. F. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a group home at 101 N. Plaza Drive, subject to the following conditions: 1. A maximum of seven (7) handicapped residents will be allowed. 2. Compliance with the Fire Department requirements as noted in paragraph C. of the staff report. 3. Compliance with all other requirements as found in Section 36-54(e)(4) of the Code. PLANNING COMMISSION ACTION: (OCTOBER 11, 2012) Staff informed the Commission that the applicant submitted a letter on September 21, 2012 requesting this application be deferred to the November 29, 2012 agenda based on the fact that the required sign had not been posted on the property. Staff supported the deferral request. The item was placed on the consent agenda and deferred to the November 29, 2012 agenda. The vote was 6 ayes, 0 noes and 5 absent. PLANNING COMMISSION ACTION: (NOVEMBER 29, 2012) Michael Shannon and Jack Fryer were present, representing the application. There were several objectors present. Michael Shannon addressed the Commission, requesting a deferral to the January 10, 2013 agenda in order to meet with neighbors regarding the application. Allen Klak, representative from the neighborhood, agreed to the deferral. There was a motion to defer the application to the January 10, 2013 Planning Commission agenda. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. 5 FILE NO.: Z-8805 (Cont. PLANNING COMMISSION ACTION: (JANUARY 10, 2013) Michael Shannon and Jack Fryer were present, representing the application. There were four (4) persons present in opposition. Staff presented the application with a recommendation of approval. Michael Shannon addressed the Commission in support of the application. He noted that Oxford House has been in operation since 1975. He briefly described the Oxford House program and legal issues related to the proposed type of use. Cindy Dawson, City Attorney, discussed the legal issues related to the Fair Housing Act. Jeanette Krohn addressed the Commission in opposition. She made comments regarding how Oxford House operates. She expressed concern with traffic and on -street parking in the area. She also expressed concern with Oxford House accepting convicted felons. She explained that the group home should have a smaller number of residents. Ruth Bell also spoke in opposition. She asked that the applicant provide the area residents with contact information for Oxford House. Allen Klak also spoke in opposition. He noted that the neighbors had several meetings with Oxford House. He expressed objection to seven (7) male residents at the subject location. He explained that four (4) residents would be more acceptable. Ann Marshall also spoke in opposition. She noted that she had submitted a letter to the Commission and read excerpts from the letter. She asked that the maximum occupancy be four (4) residents. Michael Shannon explained that the Arkansas Department of Human Services supported the Oxford House program. He provided contact numbers to the neighbors. He noted that Oxford House had met with the neighbors and explained why the application was previously deferred. Commissioner Pierce asked how many persons currently resided in the house and noted that the Oxford House web site stated that the house was for seven (7) residents. Mr. Shannon explained that the house has had no more than four (4) residents. Commissioner Nunnley asked about an agreement to limit the number of residents. Mr. Shannon explained that there was never an agreement. Commissioner Nunnley asked about the number of bedrooms in the house. Jack Fryer explained that a fourth bedroom was created out of part of the living room area. Staff noted that the house would contain slightly over 1,200 square feet of A FILE NO.: Z-8805 (Cont. common area. It was also noted that the house contained two (2) bathroom areas. There was a brief discussion related to the legal issues associated with the proposed group home. There was brief additional discussion related to the Oxford House program. Mr. Shannon noted that seven (7) residents were requested for this location because of the size of the house. Chairman Rector asked Ms. Dawson if there had been any testimony at this public hearing that would lead the Commission to deny the application. Ms. Dawson noted that she had heard none. There was a motion to approve the application as recommended by staff. The motion passed by a vote of 6 ayes, 3 nays, 1 absent and 1 open position. The application was approved. 7