HomeMy WebLinkAboutZ-9166 Staff AnalysisJanuary 5, 2017
ITEM NO.: A FILE NO.: Z
Name: Naomi's House Group Home — Special Use
Permit
Location: 217 Auburn Drive
Owner: Chris Henry
Applicant: Eddie Ellis
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 217 Auburn 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. Staff Analysis:
217 Auburn Drive is located on the southeastern side of Auburn Drive,
south of Shamrock Drive and north of West Markham Street. The
property is occupied by a two-story (split-level) brick and frame single
family residence. There is a two -car wide driveway from Auburn Drive at
the northwest corner of the property. A two -car wide carport is located
at the northwest corner of the residence. There is off-street parking for
four (4) to six (6) vehicles. There is also on -street parking located along
Auburn Drive.
All surrounding properties contain single family residential structures and
are zoned R-2.
The applicant, Eddie Ellis, proposes to utilize the existing 2,663 square
foot structure as a group home. The residential facility will house
up to eight (8) female residents between the ages of six (6) to seventeen
(17). Residents of the home will be suffering from behavioral issues or be
in the need of foster care.
January 5, 2017
ITEM NO.: A Cont. FILE NO.: Z-9166
The applicant provides the following information with respect to house
parents/employees:
• There will be two (2) staff at the home at all times.
House parent Tahara Williams has Bachelors of Social Work Degree
with 7 years' experience working with behavioral children.
The applicant provides the following information regarding specific
activities/services which will take place at this location:
■ The programs that will be provided are a structured stable day-to-day
living, by protecting, teaching, and healing the children that reside in
the home. The daily operation will include active participation in
therapy, school and learning activities.
• The girls will attend the area local and public schools unless there is
a request by legal authority. Our staff will monitor the progress,
academics and behavior of each child closely.
• Transportation will be provided for school, doctors' appointments and
counseling by Naomi's House Staff.
• While living in the home privileges will be earned by phases. The
girls will be actively involved in running the home to include planning,
shopping and preparing meals, cleaning the house, planning group
activities and dealing with daily conflicts.
• This program will provide many opportunities for each child to learn
new skills with staff support. Naomi's House is a small setting so that
each child will become familiar with staff while living in a home like
environment that is comfortable and full of love.
The applicant provides the following information regarding parking:
There will be 1 vehicle parked under the carport of the home which
will be there around the clock due to it being a transportation van for
the home. All other vehicles will only come and go during business
hours. There will be no more than 3 vehicles at the home at a time.
Those cars will belong to day time staff and part-time staff.
The applicant also provides the following information related to the
proposed occupancy:
During the school year (August through May) there will be no children
at the home from the hours of 8 a.m. to 3:30 p.m. unless a child is ill
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January 5, 2017
ITEM NO.: A (Cont.) FILE NO.: Z-9166
or school is not in session for that day. School is not in session for
holidays which will be Spring, Thanksgiving, and Christmas break.
During the summer months children will be attending a summer camp
during the day which will be outside of the home.
The site is not located on a Rock Region METRO bus route. Route #5
(West Markham Route) and Route #8 (Rodney Parham Route) run along
West Markham Street to the south.
Section 36-54(e) (4) of the City's Zoning Ordinance provides the following
provisions for Group Care Facilities, 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
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January 5, 2017
ITEM NO.: R Cont. FILE NO.: Z-9166
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.
According to an area survey, staff identified one (1) other approved
transitional -type residential facility within 1,500 feet of the subject property.
A special use permit for a group home was approved in 2013 for the
property at 101 N. Plaza Drive.
The applicant notes that there will be five (5) bedrooms within the
residence, with the maximum residents per bedrooms as noted below.
The total number of residents within the home will not exceed eight (8).
• Bedroom (1) 223 square feet — 3 residents
■ Bedroom (2) 183 square feet — 2 residents
■ Bedroom (3) 191 square feet — 3 residents
• Bedroom (4) 189 square feet — house parents
■ Bedroom (5) 335 square feet — staff office
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January 5, 2017
ITEM NO.: A (Cont.
0111:8►[6ai,4
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 eight (8)
persons is 850 square feet. As noted earlier the residential structure
contains 2,663 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. All
of the proposed bedrooms will conform to this requirement.
The applicant submitted a bill of assurance for this subdivision. The bill
of assurance does not appear to address use issues.
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. The applicant
must submit a written Fire Marshal inspection report to staff prior to the
October 6, 2016 Planning Commission meeting.
Staff is not supportive of the requested special use permit to allow a group
home at 217 Auburn Drive. Staff does not believe the requested use is
appropriate for the area. The subject property is located in the center of a
large single family neighborhood. All surrounding properties contain
single family residences and are zoned R-2. An area survey conducted by
staff revealed one (1) other approved special use permit within 1,500 feet
of this site. The approved special use permit was for a group home for
recovering substance abusers. Staff believes that another special use
permit for a transitional -type living facility should not be approved for this
neighborhood. Staff believes that a group home at this location could
have an adverse impact on the surrounding residential properties.
D. Subdivision Committee Comment: (September 14, 2016)
The applicant was not present. Staff presented the application noting that
only a minimal amount of additional information was needed. Staff noted
that an inspection of the structure by the Fire Marshal's Office must be
completed prior to the Planning Commission meeting.
After the brief discussion, the Committee forwarded the application to the
full Commission for final action.
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January 5, 2017
ITEM NO.: A (Cont.
E. Staff Recommendation:
FILE NO.: Z-9166
Staff recommends denial of the requested Special Use Permit to operate a
group home at 217 Auburn Drive.
PLANNING COMMISSION ACTION: (OCTOBER 6, 2016)
Staff informed the Commission that the application needed to be deferred based
on the fact that the applicant failed to post the notice of public hearing sign as
required.
The item was placed on the Consent Agenda for deferral to the November 17,
2016 agenda. The vote was 10 ayes, 0 nays, 0 absent and 1 open position.
The application was deferred.
STAFF UPDATE:
Prior to the October 6, 2016 public hearing, Staff requested additional information
from the applicant regarding the status of the individuals which would reside at
this residence, and additional information on services which would be provided at
the facility. The following is the information submitted by the applicant:
" Naomi's House is designed to work with children who require
long-term/short- term placement. Some are present with
mental illnesses... Major depression, anxiety, bipolar disorders,
attention deficit/hyper activity disorder, obsessive compulsive
disorder, post traumatic distress, autism, etc. Mental illness is
a disease that causes mild to severe disturbances in thoughts
and/or behaviors, resulting in an inability to cope with life's
ordinary demands and routines. Mental health problems may
be related to excessive stress due to particular situations or a
series of events. Mental illnesses are often physical as well
as emotional and psychological. These illnesses or diseases
can be brought on by environmental stresses, genetic
factors and also some chemical imbalances. But with proper
care/treatment and proper medication, people can recover
from these illnesses or emotional disorders.
Naomi's House vision is to assure that all children/youth
in our care are safe, healthy, staying out of trouble, in
school and have strong connections with their families
and communities. We will provide an array of services for
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January 5, 2017
ITEM NO.: A (Cont.) FILE NO.: Z-9166
young girls ages 6-17, which will include: Functional
behavior assessments meaning a problem solving process
for addressing child/youth problem behavior. It relies on a
variety of techniques and strategies to identify the purpose
of specific behavior and to select interventions to directly
address the problem behavior and developing behavioral
support plans.
Naomi's House will provide a full range of mental health
services to young at -risk adolescent females. Our service
includes the following:
Outpatient Mental Health Service for:
• Depression and Anxiety
• Parent / Child Reunification
• Grief Issues
• Post Traumatic Stress
In -House Services:
• 24 Hour — 7 days Per Week Supervision
• Group Therapy Life Skills
• Recreational Therapy/Community Volunteering
• Transportation
Specialized Services will include:
■ Weekly/Biweekly/Monthly transportation to Family
Group/individual counseling & therapy appointments
• Staff Development and Training
• Employee Assistance Affiliation
Our youth care staffs goal is to provide case management
assistance that includes assuring that -the medical needs
of each child is met. Our intentions are too work closely with
Case Managers/Workers. We are here to help children with
disability challenges and become more self-reliant. Naomi's
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January 5, 2017
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FILE NO.: Z-9166
House aims to provide services to children and youth with
training which will include life skills developments, secured
school placements and organized home visits.
We are here to help access employment opportunities in
respect to youth and also access to sports and recreation
activities. We also will support and enhance other Social
Services programmers such as capacity building and
empowerment, social integration and sustainable livelihoods."
Staff, including the City Attorney's Office, has reviewed the additional information.
Based on the specific types of mental health illnesses which at least some of
the residents will have, staff believes that the residents will be considered
handicapped. As such, staff believes that the type of residential facility proposed
should be classified as a "group home" and not a "group care facility".
Additionally, staff made an interior inspection of the residence and measured the
rooms proposed for bedrooms. Staff found that there was a minor difference in
the area of the bedrooms as provided by the applicant and measured by staff.
The property owner informed staff that the original area measurements included
the closet space for each room. Based on staffs measurements, the applicant
amended the proposed bedroom occupancy. The proposed occupancy
conforms to ordinance standards. Following are the bedroom areas as
measured by staff and the proposed occupancy:
■ Bedroom (1) 182 square feet — 2 residents
■ Bedroom (2) 154 square feet — 2 residents
■ Bedroom (3) 160 square feet — 2 residents
■ Bedroom (4) 150 square feet — 2 residents
• Bedroom (5) 315 square feet — staff office and lounge
Staff continues to be not supportive of the requested special use permit to allow
a group home at 217 Auburn Drive. In addition to the specific reasons noted in
section C. of the "Staff Analysis", staff believes the proposed facility will be too
institutional in nature to be located in the center of an established single family
neighborhood. The applicant notes that there will be extensive services provided
at the residence, including therapy, training, counseling, etc. The applicant did
inform staff that family group meetings/interventions could take place at the
residence if a state caseworker called for a meeting at this location. In
association with the issue of services, traffic is an additional concern for staff.
Staff believes that the proposed group home could create a large amount of
traffic, with facility staff persons, state caseworkers, family members, etc.
reporting to this location, in addition to the transportation of residents which will
January 5, 2017
ITEM NO.: A Cont. FILE NO.: Z-9166
be provided by the facility. Staff believes that because of all the concerns raised
in the concluding paragraph in Section C. of the "Staff Analysis" and as noted
above, a group home at this location could have an adverse impact on the
neighborhood. Staff continues to recommend denial of the requested special use
permit to operate a group home at 217 Auburn Drive.
PLANNING COMMISSION ACTION: (NOVEMBER 17, 2016)
Staff informed the Commission that on November 17, 2016 the applicant
submitted a letter to staff requesting deferral of the application to the January 5,
2017 agenda. Staff supported the deferral request. A bylaw waiver was
approved by a vote of 8 ayes, 0 nays, 2 absent and 1 open position to accept the
request for deferral less than five (5) days before the public hearing.
The item was placed on the Consent Agenda for deferral to the January 5, 2017
agenda. The consent agenda was approved by a vote of 8 ayes, 0 nays, 2 absent
and 1 open position. The application was deferred.
PLANNING COMMISSION ACTION: (JANUARY 5, 2017)
Staff informed the Commission that on December 22, 2016 the applicant
submitted a letter requesting withdrawal of the application. Staff supported the
withdrawal request.
The application was placed on the Consent Agenda for withdrawal. The Consent
Agenda was approved by a vote of 9 ayes, 0 nays, 1 absent and 1 open position.
The application was withdrawn.
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