HomeMy WebLinkAboutZ-9088 Staff AnalysisNovember 5, 2015
ITEM NO.: 2 FILE NO.: Z-9088
Name: Hope Rises Group Home — Special Use Permit
Location: 1201 East 9th Street
Owner: Rainwater Property, LLC
Applicant: Kim Roxburgh, Executive Director Hope Rises
Proposal: A Special Use Permit is requested to allow a
group home to be operated in the single family
residence located on the R-4 zoned property at
1201 East 9t" Street.
A. Public Notification:
All owners of property located within 200 feet of the site and the Hanger
Hill and East Little Rock Neighborhood Associations were notified of the
public hearing.
B. Public Works Issues:
No Comments.
C. Fire Department Issues:
1. Need smoke detectors and CO detectors in each bedroom upstairs.
2. Need two (2) smoke detectors and one (1) CO detector in upstairs
common area.
3. Need vent -a -hood with fire suppression system.
4. Need one (1) fire extinguisher upstairs, one (1) downstairs and
one (1) K-type extinguisher for kitchen.
5. Need smoke detection downstairs and one (1) CO detector
downstairs.
D. Staff Analysis:
The R-4 zoned property at 1201 East 9th Street is occupied by a two-story
frame single family residential structure. The property is located at the
southeast corner of East 91h and College Streets. There is a two -car wide
unpaved drive from College Street at the southwest corner of the property.
November 5, 2015
ITEM NO.: 2 (Cont.) FILE NO_: Z-90
A two -car carport is located within the rear yard area. There is parking for
four (4) vehicles. An alley is located along the rear (south) property line.
A large scrap metal business (zoned PD-1 and 1-3) is located to the north,
across East 9th Street, with single family residences to the northwest.
A single family residence and undeveloped lots are located to the south.
Single family residences and mixed industrial uses are located to the east.
A liquor store (zoned C-3) is located across College Street to the west,
with single family residences to the southwest.
The applicant, Hope Rises, is requesting a Special Use Permit to allow
operation of a group home within the residential structure on the R-4
zoned property at 1201 East 9t" Street. The applicant proposes the group
home for up to eight (8) female residents who are disabled and recovering
from alcohol/substance abuse or have a mental health disability. There
will be one (1) live-in house manager. The applicant notes that some
program activities will be provided to the residents. Program activities at
the location will be as follows: risk/needs assessment; case -management;
support groups (i.e., trauma healing, substance abuse); classes (i.e. self-
esteem, health and wellness, job readiness, and parenting); drug -screens;
organized physical activities (i.e., yoga and cycling); and, employment
assistance.
Following is the definition of a group home as found in Section 36-3 of the
City's Zoning Ordinance:
"Group home means a facility that does not fall within
another defined facility category within this section and
which provides housing in a family -like environment to
more than four (4) handicapped individuals. This use is
permitted only as a special use as designated in this
chapter."
The applicant notes that the total area of the residential structure is
2,375 square feet. The applicant proposes to house the residents in
four (4) bedrooms as follows:
Bedroom 1 — 181 square feet — 3 occupants — upstairs
Bedroom 2 — 152 square feet — 2 occupants — upstairs
Bedroom 3 — 232 square feet — 3 occupants — upstairs
Bedroom 4 — 130 square feet — 1 occupant (live-in house manager) - downstairs
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November 5, 2015
ITEM NO.: 2 (Cont.
FILE NO.: Z-9088
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 nine (9) persons
(8 residents plus 1 manager) is 950 square feet. As noted earlier the
residential structure contains 2,375 square feet.
Section 8-406(b) (minimum area per bedroom) requires 70 square feet for
the first occupant and 50 square feet for each additional occupant. The
occupancy for the bedrooms as proposed conforms to this ordinance
requirement.
Section 36-54(e)(4) of the City's Zoning Ordinance provides the following
provisions, as adopted by the Board of Directors on September 6, 2005:
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
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November 5, 2015
ITEM NO.: 2 (Cont.) FILE NO.: Z-9088
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 Rock Region METRO bus route. Route #20
(College Station route) runs along College Street two (2) blocks to the
south and along East 9th Street one (1) block to the west. Route #12 (East
6th Street Route) run along 6th Street to the north.
The Bill of Assurance for this area was recorded in 1870 and is not legible.
It likely contains no use restrictions.
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.
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November 5, 2015
ITEM NO.: 2 (Cont.
FILE NO.: Z-9088
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-4 and could contain a duplex structure with up to eight (8)
unrelated persons (four (4) per unit) 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 should be sufficient to serve the
proposed group home use. The applicant notes that typically none of the
residents will have their own vehicle. The manager will utilize one (1)
parking space, leaving three (3) for visitors. Staff believes the proposed
group home is an appropriate use for this property.
E. Subdivision Committee Comment: (October 14, 2015)
Kim Roxburgh was present, representing the application. Staff briefly
described the proposed group home use. In responses to questions
raised by staff, Ms. Roxburgh noted that there would be one (1) live-in
house manager and that typically none of the residents would have
vehicles. The parking on the site was briefly discussed. Ms. Roxburgh
briefly described program activities that would take place at the residence.
The minimum area requirements were briefly discussed. Staff noted that
an inspection by the Fire Marshall needed to be made prior to the
Planning Commission meeting.
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 1201 East 9t" Street, subject to the following conditions:
1. A maximum of eight (8) handicapped residents will be allowed, with
one (1) live-in house manager.
2. Compliance with the Fire Department requirements as noted in
paragraph C. of the staff report, prior to occupancy.
3. Compliance with all other requirements as found in Section
36-54(e)(4) of the Code.
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November 5, 2015
ITEM NO.: 2(Cont.)FILE NO.: Z-9088
PLANNING COMMISSION ACTION: (NOVEMBER 5, 2015)
Kim Roxburgh was present, representing the application. There was one
objector present. Staff presented the application with a recommendation of
approval.
David Garner addressed the Commission in opposition to the application. He
stated that he represented the 9th Street Business Group. He explained
problems which exist in the neighborhood (homeless, break-ins, etc.). He noted
that some new residences have been constructed in the area. He explained that
he owns property in the area along East 9th Street. He talked about the current
condition of the subject property.
Staff noted that Hope Rises does not currently occupy the property. Staff also
noted that the applicant notified all property owners within 1,000 feet of the site,
more than the 200 foot notification as required.
Kim Roxburgh addressed the Commission in support of the application. She
explained that the proposed use of the property would be part of the revitalization
of Hanger Hill, and noted plans to rehabilitate the residential structure. She
explained that the Hope Rises Board of Directors located the residence to be
within the Hanger Hill neighborhood, as many of the Board members lived very
near or within the neighborhood. She briefly discussed the six-month program
associated with the proposed group home.
Vice -Chairman Berry asked about the Fair Housing Act and Americans with
Disabilities Act with respect to this application. Shawn Overton noted that they
do apply based on the fact that the group home is proposed for handicapped
individuals. He noted that some of the statements made by Mr. Garner should
not be considered by the Commission.
There was a motion to approve the application, as recommended by staff. The
motion passed by a vote of 11 ayes, 0 nays and 0 absent. The application was
approved.
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