HomeMy WebLinkAboutZ-8806 Staff AnalysisFILE NO.: Z-8806
Name: Glenns Boarding House/Parolee —
Probationer Housing — Special Use Permit
Location: Northeast corner of Interstate 30 (Service Road)
and Benanna Street
Owner: Bird and Bear Enterprises
Applicant: Rev. Leroy Glenns — (Southwest Good
Samaritan Restoration Center)
Proposal: A Special Use Permit is requested to allow a
boarding house/parolee — probationer house to
be operated in the existing commercial building
located on the C-4 zoned property at the
northeast corner of 1-30 Service Road and
Benanna Street.
A. Public Notification:
All owners of property located within 200 feet of the site and the Town and
Country and SWLR United for Progress Neighborhood Associations were
notified of the public hearing.
B. Public Works Issues:
No Comments.
C. Building Codes Issues:
The following items are required on plans for review by the Planning
Department for building permit release:
A Monitored Automatic Fire Sprinkler system is required for
this change in occupancy. (Chapter 9 Section 903.2.7 of the
2006 International Building Code). The previous Occupancy
was listed as "B" Business and the new occupancy is "R-3"
Residential. A complete layout of the sprinkler system and
specifications shall be submitted to and approved by the Little
Rock Fire Department prior to installation. Contact Tony
Rhodes at 501-918-3757 with any questions.
2. A Fire Alarm System is required for R-3 Occupancy. Contact
Tony Rhodes at 501-918-3757 with any questions.
FILE NO.: Z-8806 (Cont.
3. Smoke Detectors/Audible Alarms are required as per
Chapter 9 section 907.2.110.1.2 of the IBC and shall be
interconnected as per 907.2.10.3. Please note on plan.
4. A Knox Box is required for this property. If you have any
questions or need any information please contact Captain
Tony Rhodes at 501-918-3757.
5. Addresses are required to be posted in a conspicuous
place during construction and when construction is
complete as per Little Rock City Ordinance Section
30-346.
6. Occupancy R-3 requires 50 square feet per person in
sleeping area's as per 2006 IBC Table 1004.1.1 Dormitories.
Sleeping quarters shown on current layout are approximately
780 sf or 15 occupants and 580 sf or 11 occupants. Confirm
exact size and number of occupants on plans submitted for
permitting.
7. Written approval from the State Health Department,
Plumbing Division must be obtained for all commercial
buildings prior to issuance of the building permit. Contact
Rick Mayhan 501-661-2642 with any questions.
8. Restroom exhaust fans must be vented to the outside.
9. Receptacles located in restrooms and adjacent to sinks
must be Ground Fault / Ground Fault protected.
10. All exits must be clearly marked with lighted exit signs and
adjacent emergency lighting on the outside wall of each
exit.
11. All marked exits must have a 5' x 5' level landing on the
outside of the exit with a ramp not to exceed 5% from the
landing to level grade. Please show modifications to
existing to comply.
12. The plans are reviewed for building permit comments only.
Once final plans are available for modification of water facilities
and/or fire protection system please submit one (1) copy to
Central Arkansas Water for review. Plan revisions may
2
FILE NO.: Z-8806 Cont.
be required after additional review. Contact Central Arkansas
Water regarding procedures for modifications and/or extension
of the fire service to this facility. A contract will be required
between the developer and Central Arkansas Water for water
modification. Fire sprinkler systems which do not contain
additives such as antifreeze shall be isolated with a double
detector check valve assembly. If additives are used, a
reduced pressure zone backflow preventer will be required.
D. Fire Department Issues:
The Fire Department has inspected the site and concurres with the
Building Codes requirements with the following additional requirement:
■ Portable fire extinguishers must be placed throughout the
building. Contact the Fire Marshal at 918-3757 for required
number of extinguishers and placement.
E. Staff Analysis:
The C-4 zoned property at the northeast corner of the Interstate 30 service
road and Benanna Street is occupied by a one-story commercial building.
A driveway from Benanna Street is located at the northwest corner of the
property. Paved parking is located on the east, west and south sides of
the building, with parking for thirty-four (34) vehicles. A fenced storage
area is located at the north end of the building.
The properties to the north and west (across Benanna Street) are
undeveloped and zoned C-4. An apartment complex is located further
north. A mini -warehouse development is located on the C-4 zoned
property to the east. Mixed commercial and light industrial uses and
zoning are located across 1-30 to the south.
The applicant, Southwest Good Samaritan Restoration Center (SGSRC), is
requesting a special use permit to operate a boarding house/parolee-
probationer housing facility for veterans and non-violent/non-sex offender
parolees at the northeast corner of 1-30 (service road) and Benanna
Street. The applicant is proposing the facility for up to 30 male residents
who are veterans in need of assistance or non-violent/non-sex offender
parolees. There will be two (2) live-in house managers who will oversee
the daily operations of the facility. Programs such as job placement,
counseling, GED preparation, etc. will be provided to the residents. The
average stay at the facility will range from six (6) months to one (1) year.
The total building area is approximately 7,000 square feet. The fenced
3
FILE NO.: Z-8806 (Cont.
area at the north end of the building will be used for an outdoor recreation
area. Transportation will be provided to the residents by SGSRC.
Following are the definition of a boarding house and parolee -probationer
housing as found in Section 36-3 of the City's Zoning Ordinance. The
proposed facility will be a combination of the two (2) facility types.
"Parolee or probationer housing facility means a residential
facility dedicated to providing housing for:
(a) (i) At least one (1) or more parolees who have
been released from a state or federal
institution or program for the violation of any
penal statute; or,
(ii) At least one (1) or more probationers who
have been released by a state or federal
court to a residential probation program; or,
(iii) Any combination or parolees or probationers,
regardless of whether the facility is
exclusively for parolees or probationers; and
(b) which includes any type of treatment or
rehabilitation program, counseling, or any
combination of such programs.
For purposes of this chapter, the home of a parolee or
probationer, or the home of a family member of such a
person, shall not be considered a facility."
"Rooming, lodging and boarding facility means a building
or establishment which provides for more than four (4) but
fewer than sixteen (16) persons and may provide meal
service. The building or facility shall be so -arranged -as to
permit passage between all living elements such as dining,
kitchen and bathrooms. Detached units or private access
accommodations are not permitted."
The applicant has noted that barrack -style sleep accommodations will
be provided to the residents. The building floor plan provided by the
applicant shows two (2) large areas to be used as sleeping quarters.
The first area contains approximately 900 square feet and will house
18 residents. The second area contains approximately 600 square
feet and will accommodate 12 residents. The proposed sleeping
4
FILE NO.: Z-88
arrangement appears to comply with the Building Codes requirement
of 50 square feet per person. Additional areas of the building will
include office space, a training room, kitchen (no stove or oven),
restrooms/showers and recreation areas. Entrances/exits will be
provided along all four (4) sides of the building.
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, T, 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.
5
FILE NO.: Z-8806 (Cont.
3. The maximum number of individuals proposed to
be served, the number of employees proposed
and the type of services being proposed.
4. The need and provision for readily accessible
public or quasi -public transportation.
5. Access to needed support services such as social
services agencies, employment agencies and
medical service providers.
6. Availability of adequate on -site parking.
(d) The Fire Marshal must approve the use of any structure
proposed as a family care facility, group care facility,
group home, parolee or probation housing facility or
rooming, lodging and boarding facility.
(e) Family care facilities, group care facilities, group homes
and parole or probation housing facilities shall be
operated within any and all applicable licensing and
procedural requirements established by the State of
Arkansas.
The site is not located on a CATA bus route. As noted previously,
transportation will be provided to the residents by SGSRC.
The applicant submitted a copy of a Bill of Assurance which was recorded
in 2008. It appears to address no use issues.
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 to locate a boarding house/parolee-
probationer housing facility in the existing commercial building at the
northeast corner of the 1-30 service road and Benanna Street. Staff views
the request as reasonable. The property is zoned C-4 and the existing
building previously housed a commercial business. The proposed
transitional living facility for up to 30 residents will be more institutional in
nature, and staff feels that the proposed location on a developed
commercial property is appropriate, as opposed to within a single family
residential subdivision. As noted in paragraphs C. and D. of the staff
report, upgrades to the building will be required based on the change in
occupancy from commercial to residential. All required upgrades must be
FILE NO.: Z-8806 (Cant_
completed prior to residential occupancy. Staff believes the proposed
boarding house/parolee-probationer housing facility is an appropriate use
for this property.
F. Subdivision Committee Comment: (September 20, 2012)
Leroy Glenns, Curlee Robinson and Samella Robinson Paulk were
present, representing the application. Staff briefly described the proposed
boarding house/parolee-probationer housing facility. Staff noted that
some additional information was needed. In response to question from
staff, the applicants noted that the facility would house up to 30 male
residents, with barrack -style sleeping accommodations. Staff noted that
the area of each barrack area and number of residents in each area was
needed.
The applicants briefly described aspects of the proposed transitional living
facility. They explained that counseling, GED preparation and similar
services would be provided to the residents. In response to a question
from the committee, Rev. Glenns noted that they had no other facilities in
Little Rock. After additional brief discussion, the Committee forwarded the
application to the full Commission for final action.
G. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a boarding
house/parolee-probationer housing facility at the northeast corner of the
1-30 service road and Benanna Street, subject to the following conditions:
1. A maximum of 30 residents (veterans and non-violent/non-sex
offender parolees/probationers) will be allowed, plus two live-in house
managers.
2. Compliance with the Building Codes requirements as noted in
paragraph C. of the staff report, prior to residential occupancy.
3. Compliance with the Fire Department requirements as noted in
paragraph D. of the staff report, prior to residential occupancy.
4. Compliance with all other requirements as found in Section
36-54(e)(4) of the Code.
PLANNING COMMISSION ACTION: (OCTOBER 11, 2012)
Staff recommended this application be deferred to the November 29, 2012
agenda. Staff needed additional time to review the proposed living facility which
is to be located in a commercial building. Staff made the applicant aware of the
7
FILE NO.: Z-8806
deferral request, and the applicant expressed no concern with deferring the
application.
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)
Leroy Glenns, Curlee Robinson and Samella Robinson Paulk were present,
representing the application. There were five (5) registered objectors present.
Staff presented the application with a recommendation of approval.
Leroy Glenns addressed the Commission in support of the application. He
explained that the living facility would be for up to 30 residents. He gave a
description of the project.
Dorothy Ehlehacht also spoke in support of the application. She explained that
veterans needed a place to live.
Pat Gee, president of Upper Baseline Neighborhood Association, spoke in
opposition. She noted that SWLR United for Progress was opposed to the
application. She also noted that surrounding neighborhood associations were
opposed.
Nan Howard also spoke in opposition. She noted that veterans had other options
for housing.
Melinda Scoggins also spoke in opposition. She asked that the application be
deferred. She noted that the facility needed to be located elsewhere. She
presented a petition of opposition.
In response to a question from the Commission, staff noted that Town and
Country Neighborhood Association and The Oaks Apartments were mailed
notices of the hearing.
Pam Adcock, president of SWLR United for Progress, also spoke in opposition.
She expressed concern with the number of staff per residents, the close
proximity of the facility to the Town and Country Neighborhood, transportation,
traffic and funding. She explained that the area was in need of new commercial
development.
Troy Laha, vice-president of Cloverdale Neighborhood Association, also spoke
in opposition. He explained that the neighborhood associations were opposed
to the application.
R11
FILE NO.: Z-8806 (Co
Leroy Glenns explained that the facility will be able to help the residents integrate
back into society. He explained that the residents will be trained and that there
will be adequate personnel at the facility. He noted that the VA had limited space
and was seeking other facilities for housing veterans. He noted that the
residents will be non-violent/non-sex offenders. He noted that if a resident were
"kicked out" of the program, there were other programs they could be sent to.
Chairman Ferstl asked how it would be determined who the residents would be.
Rev. Glenns explained that applications would be accepted and interviews
conducted.
Commissioner Pierce asked if SGSRC had other facilities. Rev. Glenns noted
that there were no other facilities, but his organization had two (2) years
experience working with the types of persons who will be housed in the facility.
Commissioner Fountain asked what if the facility could not provide assistance
to an individual. Rev. Glenns stated that they would be referred to another
facility. Commissioner Fountain asked if funding was in place for the facility.
Rev. Glenns noted that it was in place, but not yet received.
Commissioner Finney asked who decided on the residents for the facility.
Rev. Glenns noted that a board of directors would make the decisions.
Chairman Ferstl asked about transportation. Rev. Glenns explained that vans
could be used to transport the residents. He explained that there was easy
access to 1-30.
Commissioner Nunnley explained that Rev. Glenns was an appropriate person to
run this type of program. Vice -Chair Rector explained that he had no issues with
a living facility located near his office.
There was a motion to approve the application, as recommended by staff. The
motion passed by a vote of 6 ayes, 3 nays and 2 absent. The application was
approved.
ti
November 29, 2012
ITEM NO.: B FILE NO.: Z-8806
Name: Glenns Boarding House/Parolee —
Probationer Housing — Special Use Permit
Location: Northeast corner of Interstate 30 (Service Road)
and Benanna Street
Owner: Bird and Bear Enterprises
Applicant: Rev. Leroy Glenns — (Southwest Good
Samaritan Restoration Center)
Proposal: A Special Use Permit is requested to allow a
boarding house/parolee — probationer house to
be operated in the existing commercial building
located on the C-4 zoned property at the
northeast corner of 1-30 Service Road and
Benanna Street.
A. Public Notification:
All owners of property located within 200 feet of the site and the Town and
Country and SWLR United for Progress Neighborhood Associations were
notified of the public hearing.
B. Public Works issues:
No Comments.
C. Buildinq Codes Issues:
The following items are required on plans for review by the Planning
Department for building permit release:
A Monitored Automatic Fire Sprinkler system is required for
this change in occupancy. (Chapter 9 Section 903.2.7 of the
2006 International Building Code). The previous Occupancy
was listed as "B" Business and the new occupancy is "R-3"
Residential. A complete layout of the sprinkler system and
specifications shall be submitted to and approved by the Little
Rock Fire Department prior to installation. Contact Tony
Rhodes at 501-918-3757 with any questions.
2. A Fire Alarm System is required for R-3 Occupancy. Contact
Tony Rhodes at 501-918-3757 with any questions.
November 29, 2012
TEM NO.: B (Cont.) _ FILE NO.- Z-8806
3. Smoke Detectors/Audible Alarms are required as per
Chapter 9 section 907.2.110.1.2 of the IBC and shall be
interconnected as per 907.2.10.3. Please note on plan.
4. A Knox Box is required for this property. If you have any
questions or need any information please contact Captain
Tony Rhodes at 501-918-3757.
5. Addresses are required to be posted in a conspicuous
place during construction and when construction is
complete as per Little Rock City Ordinance Section
30-346.
6. Occupancy R-3 requires 50 square feet per person in
sleeping area's as per 2006 IBC Table 1004.1.1 Dormitories.
Sleeping quarters shown on current layout are approximately
780 sf or 15 occupants and 580 sf or 11 occupants. Confirm
exact size and number of occupants on plans submitted for
permitting.
7. Written approval from the State Health Department,
Plumbing, Division must be obtained for all commercial
buildings prior to issuance of the building permit. Contact
Rick Mayhan 501-661-2642 with any questions.
8. Restroom exhaust fans must be vented to the outside.
9. Receptacles located in restrooms and adjacent to sinks
must be Ground Fault / Ground Fault protected.
10. All exits must be clearly marked with lighted exit signs and
adjacent emergency lighting on the outside wall of each
exit.
11. All marked exits must have a 5' x 5' level landing on the
outside of the exit with a ramp not to exceed 5% from the
landing to level grade. Please show modifications to
existing to comply.
12. The plans are reviewed for building permit comments only.
Once final plans are available for modification of water facilities
and/or fire protection system please submit one (1) copy to
Central Arkansas Water for review. Plan revisions may
2
November 29, 2012
ITEM NO.: B Cont.) FILE NO.: Z-8806
be required after additional review. Contact Central Arkansas
Water regarding procedures for modifications and/or extension
of the fire service to this facility. A contract will be required
between the developer and Central Arkansas Water for water
modification. Fire sprinkler systems which do not contain
additives such as antifreeze shall be isolated with a double
detector check valve assembly. If additives are used, a
reduced pressure zone backflow preventer will be required.
D. Fire Department Issues:
The Fire Department has inspected the site and concurres with the
Building Codes requirements with the following additional requirement:
Portable fire extinguishers must be placed throughout the
building. Contact the Fire Marshal at 918-3757 for required
number of extinguishers and placement.
E. 'Staff Analysis:
The C-4 zoned property at the northeast corner of the Interstate 30 service
road and Benanna Street is occupied by a one-story commercial building.
A driveway from Benanna Street is located at the northwest corner of the
property. Paved parking is located on the east, west and south sides of
the building, with parking for thirty-four (34) vehicles. A fenced storage
area is located at the north end of the building.
The properties to the north and west (across Benanna Street) are
undeveloped and zoned C-4. An apartment complex is located further
north. A mini -warehouse development is located on the C-4 zoned
property to the east. Mixed commercial and light industrial uses and
zoning are located across 1-30 to the south.
The applicant, Southwest Good Samaritan Restoration Center (SGSRC), is
requesting a special use permit to operate a boarding house/parolee-
probationer housing facility for veterans and non-violent/non-sex offender
parolees at the northeast corner of 1-30 (service road) and Benanna
Street. The applicant is proposing the facility for up to 30 male residents
who are veterans in need of assistance or non-violent/non-sex offender
parolees. There will be two (2) live-in house managers who will oversee
the daily operations of the facility. Programs such as job placement,
counseling, GED preparation, etc. will be provided to the residents. The
3
November 29, 2012
ITEM NO.: B(Cont.)FILE NO.: Z-8806
average stay at the facility will range from six (6) months to one (1) year.
The total building area is approximately 7,000 square feet. The fenced
area at the north end of the building will be used for an outdoor recreation
area. Transportation will be provided to the residents by SGSRC.
Following are the definition of a boarding house and parolee -probationer
housing as found in Section 36-3 of the City's Zoning Ordinance. The
proposed facility will be a combination of the two (2) facility types.
"Parolee or probationer housing facility means a residential
facility dedicated to providing housing for:
(a) (i) At least one (1) or more parolees who have
been released from a state or federal
institution or program for the violation of any
penal statute; or,
(ii) At least one (1) or more probationers who
have been released by a state or federal
court to a residential probation program; or,
(iii) Any combination or parolees or probationers,
regardless of whether the facility is
exclusively for parolees or probationers; and
(b) which includes any type of treatment or
rehabilitation program, counseling, or any
combination of such programs.
For purposes of this chapter, the home of a parolee or
probationer, or the home of a family member of such a
person, shall not be considered a facility."
"Rooming, lodging and boarding facility means a building
or establishment which provides for more than four (4) but
fewer than sixteen (16) persons and may provide meal
service. The building or facility shall be so arranged as to
permit passage between all living elements such as dining,
kitchen and bathrooms. Detached units or private access
accommodations are not permitted."
The applicant has noted that barrack -style sleep accommodations
will be provided to the residents. The building floor plan provided
4
November 29, 2012
ITEM NO.: B Cont. FILE NO.: Z-8806
by the applicant shows two (2) large areas to be used as sleeping
quarters. The first area contains approximately 900 square feet
and will house 18 residents. The second area contains
approximately 600 square feet and will accommodate 12
residents. The proposed sleeping arrangement appears to
comply with the Building Codes requirement of 50 square feet per
person. Additional areas of the building will include office space,
a training room, kitchen (no stove or oven), restrooms/showers
and recreation areas. Entrances/exits will be provided along all
four (4) sides of the building.
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
5
November 29, 2012
ITEM NO.: B Cont.) FILE NO.: Z-8806
facility, or rooming, lodging and boarding facility
include, but are not limited to:
1. Spacing of existing similar facilities.
2. Existing zoning and land use patterns.
3. The maximum number of individuals proposed to
be served, the number of employees proposed
and the type of services being proposed.
4. The need and provision for readily accessible
public or quasi -public transportation.
5. Access to needed support services such as social
services agencies, employment agencies and
medical service providers.
6. Availability of adequate on -site parking.
(d) The Fire Marshal must approve the use of any structure
proposed as a family care facility, group care facility,
group home, parolee or probation housing facility or
rooming, lodging and boarding facility.
(e) Family care facilities, group care facilities, group homes
and parole or probation housing facilities shall be
operated within any and all applicable licensing and
procedural requirements established by the State of
Arkansas.
The site is not located on a CATA bus route. As noted previously,
transportation will be provided to the residents by SGSRC.
The applicant submitted a copy of a Bill of Assurance which was recorded
in 2008. It appears to address no use issues.
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 to locate a boarding house/parolee-
probationer housing facility in the existing commercial building at the
northeast corner of the 1-30 service road and Benanna Street. Staff views
0
November 29, 2012
ITEM NO.: B(Cont)FILE NO.: Z-8806
the request as reasonable. The property is zoned C-4 and the existing
building previously housed a commercial business. The proposed
transitional living facility for up to 30 residents will be more institutional in
nature, and staff feels that the proposed location on a developed
commercial property is appropriate, as opposed to within a single family
residential subdivision. As noted in paragraphs C. and D. of the staff
report, upgrades to the building will be required based on the change in
occupancy from commercial to residential. All required upgrades must be
completed prior to residential occupancy. Staff believes the proposed
boarding house/parolee-probationer housing facility is an appropriate use
for this property.
F. Subdivision Committee Comment: (September 20, 2012)
Leroy Glenns, Curlee Robinson and Samella Robinson Paulk were
present, representing the application. Staff briefly described the proposed
boarding house/parolee-probationer housing facility. Staff noted that
some additional information was needed. In response to question from
staff, the applicants noted that the facility would house up to 30 male
residents, with barrack -style sleeping accommodations. Staff noted that
the area of each barrack area and number of residents in each area was
needed.
The applicants briefly described aspects of the proposed transitional living
facility. They explained that counseling, GED preparation and similar
services would be provided to the residents. In response to a question
from the committee, Rev. Glenns noted that they had no other facilities in
Little Rock. After additional brief discussion, the Committee forwarded the
application to the full Commission for final action.
G. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a boarding
house/parolee-probationer housing facility at the northeast corner of the
1-30 service road and Benanna Street, subject to the following conditions:
1. A maximum of 30 residents (veterans and non-violent/non-sex
offender parolees/probationers) will be allowed, plus two live-in house
managers.
2. Compliance with the Building Codes requirements as noted in
paragraph C. of the staff report, prior to residential occupancy.
tl
November 29, 2012
ITEM NO.: B Cont. FILE NO.: Z-8806
3. Compliance with the Fire Department requirements as noted in
paragraph D. of the staff report, prior to residential occupancy.
4. Compliance with all other requirements as found in Section
36-54(e)(4) of the Code.
PLANNING COMMISSION ACTION: (OCTOBER 11, 2012)
Staff recommended this application be deferred to the November 29, 2012
agenda. Staff needed additional time to review the proposed living facility which
is to be located in a commercial building. Staff made the applicant aware of the
deferral request, and the applicant expressed no concern with deferring the
application.
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)
Leroy Glenns, Curlee Robinson and Samella Robinson Paulk were present,
representing the application. There were five (5) registered objectors present.
Staff presented the application with a recommendation of approval.
Leroy Glenns addressed the Commission in support of the application. He
explained that the living facility would be for up to 30 residents. He gave a
description of the project.
Dorothy Ehlehacht also spoke in support of the application. She explained that
veterans needed a place to live.
Pat Gee, president of Upper Baseline Neighborhood Association, spoke in
opposition. She noted that SWLR United for Progress was opposed to the
application. She also noted that surrounding neighborhood associations were
opposed.
Nan Howard also spoke in opposition. She noted that veterans had other options
for housing.
Melinda Scoggins also spoke in opposition. She asked that the application be
deferred. She noted that the facility needed to be located elsewhere. She
presented a petition of opposition.
E-3
November 29, 2012
ITEM NO.: B (Cont.) FILE NO.: Z-8806
In response to a question from the Commission, staff noted that Town and
Country Neighborhood Association and The Oaks Apartments were mailed
notices of the hearing.
Pam Adcock, president of SWLR United for Progress, also spoke in opposition.
She expressed concern with the number of staff per residents, the close
proximity of the facility to the Town and Country Neighborhood, transportation,
traffic and funding. She explained that the area was in need of new commercial
development.
Troy Laha, vice-president of Cloverdale Neighborhood Association, also spoke
in opposition. He explained that the neighborhood associations were opposed
to the application.
Leroy Glenns explained that the facility will be able to help the residents integrate
back into society. He explained that the residents will be trained and that there
will be adequate personnel at the facility. He noted that the VA had limited space
and was seeking other facilities for housing veterans. He noted that the
residents will be non-violent/non-sex offenders. He noted that if a resident were
"kicked out" of the program, there were other programs they could be sent to.
Chairman Ferstl asked how it would be determined who the residents would be.
Rev. Glenns explained that applications would be accepted and interviews
conducted.
Commissioner Pierce asked if SGSRC had other facilities. Rev. Glenns noted
that there were no other facilities, but his organization had two (2) years
experience working with the types of persons who will be housed in the facility.
Commissioner Fountain asked what if the facility could not provide assistance
to an individual. Rev. Glenns stated that they would be referred to another
facility. Commissioner Fountain asked if funding was in place for the facility.
Rev. Glenns noted that it was in place, but not yet received.
Commissioner Finney asked who decided on the residents for the facility.
Rev. Glenns noted that a board of directors would make the decisions.
Chairman Ferstl asked about transportation. Rev. Glenns explained that vans
could be used to transport the residents. He explained that there was easy
access to 1-30.
November 29, 2012
ITEM NO.: B
I L E NO.- Z-8806
Commissioner Nunnley explained that Rev. Glenns was an appropriate person to
run this type of program. Vice -Chair Rector explained that he had no issues with
a living facility located near his office.
There was a motion to approve the application, as recommended by staff. The
motion passed by a vote of 6 ayes, 3 nays and 2 absent. The application was
approved.
10
November 29, 2012
ITEM NO,: B FILE NO.: Z-8806
Name: Glenns Boarding House/Parolee —
Probationer Housing — Special Use Permit
Location: Northeast corner of Interstate 30 (Service Road)
and Benanna Street
Owner: Bird and Bear Enterprises
Applicant: Rev. Leroy Glenns — (Southwest Good
Samaritan Restoration Center)
Proposal: A Special Use Permit is requested to allow a
boarding house/parolee — probationer house to
be operated in the existing commercial building
located on the C-4 zoned property at the
northeast corner of 1-30 Service Road and
Benanna Street.
A. Public Notification:
All owners of property located within 200 feet of the site and the Town and
Country and SWLR United for Progress Neighborhood Associations were
notified of the public hearing.
B. Public Works Issues:
No Comments.
C. Building Codes Issues:
The following items are required on plans for review by the Planning
Department for building permit release:
A Monitored Automatic Fire Sprinkler system is required for
this change in occupancy. (Chapter 9 Section 903.2.7 of the
2006 International Building Code). The previous Occupancy
was listed as "B" Business and the new occupancy is "R-3"
Residential. A complete layout of the sprinkler system and
specifications shall be submitted to and approved by the Little
Rock Fire Department prior to installation. Contact Tony
Rhodes at 501-918-3757 with any questions.
2. A Fire Alarm System is required for R-3 Occupancy. Contact
Tony Rhodes at 501-918-3757 with any questions.
November 29, 2012
ITEM NO.: B (Cont.) FILE NO.: Z-8806
3. Smoke Detectors/Audible Alarms are required as per
Chapter 9 section 907.2.110.1.2 of the IBC and shall be
interconnected as per 907.2.10.3. Please note on plan.
4. A Knox Box is required for this property. If you have any
questions or need any information please contact Captain
Tony Rhodes at 501-918-3757.
5. Addresses are required to be posted in a conspicuous
place during construction and when construction is
complete as per Little Rock City Ordinance Section
30-346.
6. Occupancy R-3 requires 50 square feet per person in
sleeping area's as per 2006 IBC Table 1004.1.1 Dormitories.
Sleeping quarters shown on current layout are approximately
780 sf or 15 occupants and 580 sf or 11 occupants. Confirm
exact size and number of occupants on plans submitted for
permitting.
7. Written approval from the State Health Department,
Plumbing Division must be obtained for all commercial
buildings prior to issuance of the building permit. Contact
Rick Mayhan 501-661-2642 with any questions.
8. Restroom exhaust fans must be vented to the outside.
9. Receptacles located in restrooms and adjacent to sinks
must be Ground Fault / Ground Fault protected.
10. All exits must be clearly marked with lighted exit signs and
adjacent emergency lighting on the outside wall of each
exit. Is
11. All marked exits must have a 5' x 5' level landing on the
outside of the exit with a ramp not to exceed 5% from the
landing to level grade. Please show modifications to
existing to comply.
12. The plans are reviewed for building permit comments only.
Once final plans are available for modification of water facilities
and/or fire protection system please submit one (1) copy to
Central Arkansas Water for review. Plan revisions may
2
November 29, 2012
ITEM NO.: B Cont. FILE NO.: Z-8806
be required after additional review. Contact Central Arkansas
Water regarding procedures for modifications and/or extension
of the fire service to this facility. A contract will be required
between the developer and Central Arkansas Water for water
modification. Fire sprinkler systems which do not contain
additives such as antifreeze shall be isolated with a double
detector check valve assembly. If additives are used, a
reduced pressure zone backflow preventer will be required.
D. Fire Department Issues:
The Fire Department has inspected the site and concurres with the
Building Codes requirements with the following additional requirement:
• Portable fire extinguishers must be placed throughout the
building. Contact the Fire Marshal at 91 &3757 for required
number of extinguishers and placement.
E. Staff Analysis:
The C-4 zoned property at the northeast corner of the Interstate 30 service
road and Benanna Street is occupied by a one-story commercial building.
A driveway from Benanna Street is located at the northwest corner of the
property. Paved parking is located on the east, west and south sides of
the building, with parking for thirty-four (34) vehicles. A fenced storage
area is located at the north end of the building.
The properties to the north and west (across Benanna Street) are
undeveloped and zoned C-4. An apartment complex is located further
north. A mini -warehouse development is located on the C-4 zoned
property to the east. Mixed commercial and light industrial uses and
zoning are located across 1-30 to the south. 11
The applicant, Southwest Good Samaritan Restoration Center (SGSRC), is
requesting a special use permit to operate a boarding house/parolee-
probationer housing facility for veterans and non-violent/non-sex offender
parolees at the northeast corner of 1-30 (service road) and Benanna
Street. The applicant is proposing the facility for up to 30 male residents
who are veterans in need of assistance or non-violent/non-sex offender
parolees. There will be two (2) live-in house managers who will oversee
the daily operations of the facility. Programs such as job placement,
counseling, GED preparation, etc. will be provided to the residents. The
3
November 29, 2012
ITEM NO.: B (Cont.
FILE NO.: Z-8806
average stay at the facility will range from six (6) months to one (1) year.
The total building area is approximately7,000 square feet. The fenced
area at the north end of the building will be used for an outdoor recreation
area. Transportation will be provided to the residents by SGSRC.
Following are the definition of a boarding house and parolee -probationer
housing as found in Section 36-3 of the City's Zoning Ordinance. The
proposed facility will be a combination of the two (2) facility types.
"Parolee or probationer housing facility means a residential
facility dedicated to providing housing for:
(a) (i) At least one (1) or more parolees who have
been released from a state or federal
institution or program for the violation of any
penal statute; or,
(ii) At least one (1) or more probationers who
have been released by a state or federal
court to a residential probation program; or,
(iii) Any combination or parolees or probationers,
regardless of whether the facility is
exclusively for parolees or probationers; and
(b) which includes any type of treatment or
rehabilitation program, counseling, or any
combination of such programs.
For purposes of this chapter, the home of a parolee or
probationer, or the home of a family member of such a
person, shall not be considered a facility." 11
"Rooming, lodging and boarding facility means a building
or establishment which provides for more than four (4) but
fewer than sixteen (16) persons and may provide meal
service. The building or facility shall be so arranged as to
permit passage between all living elements such as dining,
kitchen and bathrooms. Detached units or private access
accommodations are not permitted."
The applicant has noted that barrack -style sleep accommodations
will be provided to the residents. The building floor plan provided
2
November 29, 2012
ITEM NO.: B (Cont.
FILE NO,: Z-8806
by the applicant shows two (2) large areas to be used as sleeping
quarters. The first area contains approximately 900 square feet
and will house 18 residents. The second area contains
approximately 600 square feet and will accommodate 12
residents. The proposed sleeping arrangement appears to
comply with the Building Codes requirement of 50 square feet per
person. Additional areas of the building will include office space,
a training room, kitchen (no stove or oven), restrooms/showers
and recreation areas. Entrances/exits will be provided along all
four (4) sides of the building.
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 handigapped 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
5
November 29, 2012
ITEM NO.; B (ConQ FILE NO.: Z-8806
facility, or rooming, lodging and boarding facility
include, but are not limited to:
1. Spacing of existing similar facilities.
2. Existing zoning and land use patterns.
3. The maximum number of individuals proposed to
be served, the number of employees proposed
and the type of services being proposed.
4. The need and provision for readily accessible
public or quasi -public transportation.
5. Access to needed support services such as social
services agencies, employment agencies and
medical service providers.
6. Availability of adequate on -site parking.
(d) The Fire Marshal must approve the use of any structure
proposed as a family care facility, group care facility,
group home, parolee or probation housing facility or
rooming, lodging and boarding facility.
(e) Family care facilities, group care facilities, group homes
and parole or probation housing facilities shall be
operated within any and all applicable licensing and
procedural requirements established by the State of
Arkansas.
The site is not located on a CATA bus route. As noted previously,
transportation will be provided to the residents by SGSRC.
The applicant submitted a copy of a Bill of Assurance which was recorded
in 2008. It appears to address no use issues.
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 to locate a boarding house/parolee-
probationer housing facility in the existing commercial building at the
northeast corner of the 1-30 service road and Benanna Street. Staff views
November 29, 2012
ITEM NO.: B (Cont.
low[��:I:�iI:�
the request as reasonable. The property is zoned C-4 and the existing
building previously housed a commercial business. The proposed
transitional living facility for up to 30 residents will be more institutional in
nature, and staff feels that the proposed location on a developed
commercial property is appropriate, as opposed to within a single family
residential subdivision. As noted in paragraphs C. and D. of the staff
report, upgrades to the building will be required based on the change in
occupancy from commercial to residential. All required upgrades must be
completed prior to residential occupancy. Staff believes the proposed
boarding house/parolee-probationer housing facility is an appropriate use
for this property.
F. Subdivision Committee Comment: (September 20, 2012)
Leroy Glenns, Curlee Robinson and Samella Robinson Paulk were
present, representing the application. Staff briefly described the proposed
boarding house/parolee-probationer housing facility. Staff noted that
some additional information was needed. In response to question from
staff, the applicants noted that the facility would house up to 30 male
residents, with barrack -style sleeping accommodations. Staff noted that
the area of each barrack area and number of residents in each area was
needed.
The applicants briefly described aspects of the proposed transitional living
facility. They explained that counseling, GED preparation and similar
services would be provided to the residents. In response to a question
from the committee, Rev. Glenns noted that they had no other facilities in
Little Rock. After additional brief discussion, the Committee forwarded the
application to the full Commission for final action.
G. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a boarding
house/parolee-probationer housing facility at the northeast corner of the
1-30 service road and Benanna Street, subject to the following conditions:
A maximum of 30 residents (veterans and non-violent/non-sex
offender parolees/probationers) will be allowed, plus two live-in house
managers.
2. Compliance with the Building Codes requirements as noted in
paragraph C. of the staff report, prior to residential occupancy.
7
November 29, 2012
ITEM NO.: B Cont. FILE NO.: Z-8806
3. Compliance with the Fire Department requirements as noted in
paragraph D. of the staff report, prior to residential occupancy.
4. Compliance with all other requirements as found in Section
36-54(e)(4) of the Code.
PLANNING COMMISSION ACTION:
(OCTOBER 11, 2012)
Staff recommended this application be deferred to the November 29, 2012
agenda. Staff needed additional time to review the proposed living facility which
is to be located in a commercial building. Staff made the applicant aware of the
deferral request, and the applicant expressed no concern with deferring the
application.
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)
Leroy Glenns, Curlee Robinson and Samella Robinson Paulk were present,
representing the application. There were five (5) registered objectors present.
Staff presented the application with a recommendation of approval.
Leroy Glenns addressed the Commission in support of the application. He
explained that the living facility would be for up to 30 residents. He gave a
description of the project.
Dorothy Ehlehacht also spoke in support of the application. She explained that
veterans needed a place to live.
Pat Gee, president of Upper Baseline Neighborhood Association, spoke in
opposition. She noted that SWLR United for Progress was opposed to the
application. She also noted that surrounding neighborhood associations were
opposed.
Nan Howard also spoke in opposition. She noted that veterans had other options
for housing.
Melinda Scoggins also spoke in opposition. She asked that the application be
deferred. She noted that the facility needed to be located elsewhere. She
presented a petition of opposition.
November 29, 2012
ITEM NO.: B Cont.) _ FILE NO.: Z-8806
In response to a question from the Commission, staff noted that Town and
Country Neighborhood Association and The Oaks Apartments were mailed
notices of the hearing.
Pam Adcock, president of SWLR United for Progress, also spoke in opposition.
She expressed concern with the number of staff per residents, the close
proximity of the facility to the Town and Country Neighborhood, transportation,
traffic and funding. She explained that the area was in need of new commercial
development.
Troy Laha, vice-president of Cloverdale Neighborhood Association, also spoke
in opposition. He explained that the neighborhood associations were opposed
to the application.
Leroy Glenns explained that the facility will be able to help the residents integrate
back into society. He explained that the residents will be trained and that there
will be adequate personnel at the facility. He noted that the VA had limited space
and was seeking other facilities for housing veterans. He noted that the
residents will be non-violent/non-sex offenders. He noted that if a resident were
"kicked out" of the program, there were other programs they could be sent to.
Chairman Ferstl asked how it would be determined who the residents would be.
Rev. Glenns explained that applications would be accepted and interviews
conducted.
Commissioner Pierce asked if SGSRC had other facilities. Rev. Glenns noted
that there were no other facilities, but his organization had two (2) years
experience working with the types of persons who will be housed in the facility.
Commissioner Fountain asked what if the facility could not provide assistance
to an individual. Rev. Glenns stated that they would be referred to another
facility. Commissioner Fountain asked if funding was in place, for the facility.
Rev. Glenns noted that it was in place, but not yet received.
Commissioner Finney -asked who decided on the residents for the facility.
Rev. Glenns noted that a board of directors would make the decisions.
Chairman Ferstl asked about transportation. Rev. Glenns explained that vans
could be used to transport the residents. He explained that there was easy
access to 1-30.
9
November 29, 2012
I1-921A1 4 e Me
FILE NO.: Z-8806
Commissioner Nunnley explained that Rev. Glenns was an appropriate person to
run this type of program. Vice -Chair Rector explained that he had no issues with
a living facility located near his office.
There was a motion to approve the application, as recommended by staff. The
motion passed by a vote of 6 ayes, 3 nays and 2 absent. The application was
approved.
10