HomeMy WebLinkAboutZ-9176 Staff AnalysisNovember 17, 2016
ITEM NO.: 1 FILE NO.: 2-9176
Name: Newton Parolee/Probationer Housing Facility —
Special Use Permit
Location: 1709 East 19th Street
Owner: Terrell Newton
Applicant: Terrell Newton
Proposal: A Special Use Permit is requested to allow
a parolee/probationer housing facility to be
operated in the single family residence located
on the R-3 zoned property at 1709 East 19th
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:
The driveway apron near the street should be replaced. All driveways
shall have concrete aprons per City Ordinance.
C. Staff Analysis:
1709 East 19th Street is located on the south side of East 19th Street,
between Security Avenue and Boyce Street. The property is occupied by
a one-story brick and frame single family residence. There is a one -car
wide driveway from East 19th Street at the northwest corner of the
property. The concrete drive leads to a carport on the west end of the
house. This allows off-street parking for two (2) to three (3) vehicles.
On -street parking is allowed on East 19th Street.
All of the surrounding properties are zoned R-3, with single family
residences to the east, west and south. A church is located across East
19th Street to the north. There are several vacant lots in this general area.
The applicant, Terrell Newton, proposes to utilize the existing 1,002 square
foot structure as a parolee/probationer housing facility. The residential
facility will house up to four (4) male residents who are
November 17, 2016
O.: 1 (Cont.) FILE NO.: Z-9176
parolee/probationers. There will be one (1) staff member at the residence
at all times. The staff member(s) will work twelve (12) hour shifts. The
applicant notes that some services such as job placement and employment
training will take place at the residence. An additional staff person will
report to the residence for these services.
The applicant also notes that the residents will not drive. They will utilize
public bus transportation where possible. The applicant will provide
transportation when bus routes are not sufficient. The site is not located
on a Rock Region Metro bus route. However, bus route #20 (College
Station Route) runs along Security Avenue to the west and Boyce Street
to the east.
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.
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November 17, 2016
ITEM NO.: 1 (Cont.
FILE NO.: Z-9176
(c) Issues that the planning commission will consider
during its review of a family care facility, group care
facility, group home, parolee or probationer housing
facility, or rooming, lodging and boarding facility
include, but are not limited to:
1. Spacing of existing similar facilities.
2. Existing zoning and land use patterns.
3. The maximum number of individuals proposed
to be served, the number of employees proposed
and the type of services being proposed.
4. The need and provision for readily accessible
public or quasi -public transportation.
5. Access to needed support services such as social
services agencies, employment agencies and
medical service providers.
6. Availability of adequate on -site parking.
(d) The Fire Marshal must approve the use of any
structure proposed as a family care facility, group care
facility, group home, parolee or probation housing
facility or rooming, lodging and boarding facility.
(e) Family care facilities, group care facilities, group
homes and parole or probation housing facilities shall
be operated within any and all applicable licensing and
procedural requirements established by the State of
Arkansas.
According to an area survey, there are no other transitional -type residential
facilities within 1,500 feet of the property.
The applicant notes that there will be two (2) bedrooms within the
residence, with the maximum residents per bedrooms as noted below.
The total number of residents within the home will not exceed four (4).
■ Bedroom (1) 169 square feet — 2 occupants
■ Bedroom (2) 169 square feet — 2 occupants
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November 17, 2016
ITEM NO.: 1 (Cont.) FILE NO.: Z-9176
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 four (4) persons
is 450 square feet. As noted earlier the residential structure contains
1,002 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.
Staff informed the applicant that the Little Rock Fire Marshal needed to
inspect the residential structure, with a written inspection report submitted
to staff prior to the public hearing. As of this writing, staff has not received
the inspection report.
Staff is supportive of the requested special use permit to allow a
parolee/probationer housing facility at 1709 East 19th Street. Staff views
the request as reasonable. Staff's support is based primarily on the fact
that the facility will house only four (4) residents. As such, the proposed
use should generate only a minimal level of activity. As noted previously
by the applicant, none of the residents will have their own vehicle. They
will rely on public transportation. A bus route runs along Security Avenue
and Boyce Street, less than one (1) block to the west and east. The
applicant will provide transportation to residents when a bus route is not
available. Therefore, only one (1) or two (2) vehicles should be at the
residence at any time. Additionally, the occupancy of four (4) unrelated
residents in a single family home would typically meet the ordinance
definition of a "single family". If the applicant had no staff person at the
residence and if no services (training, counseling, etc.) were provided at
the residence, the use of renting the home to four (4) unrelated persons
would meet the definition of a "single family" and no special use permit
would be required. Staff believes that a parolee/probationer housing
facility for four (4) residents at this location will have no adverse impact
on the adjacent residential properties or the overall neighborhood.
D. Subdivision Committee Comment: (October 26, 2016)
Terrell Newton was present, representing the application. Staff briefly
described the proposed parolee/probationer housing facility request.
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November 17, 2016
ITEM NO.: 1 (Cont.) _FILE NO.: Z-9176
The issue of parking was briefly discussed. Mr. Newton stated that he
would provide transportation to the residents if a bus route was not
available, as none of the residents would drive. Staff noted that ample
parking existed for the staff person(s) who would be at the residence.
Staff noted that no additional information was needed at this time.
After the discussion, the Committee forwarded the application to the full
Commission for final action.
E. Staff Recommendation -
Staff recommends approval of the requested Special Use Permit to
operate a parolee/probationer housing facility, with a maximum of four
(4) residents, at 1709 East 19th Street.
PLANNING COMMISSION ACTION: (NOVEMBER 17, 2016)
The applicant was present. There were no objectors present. Staff presented
the application with a recommendation of approval. The application was placed
on the Consent Agenda for approval. The Consent Agenda was approved by a
vote of 8 ayes, 0 nays, 2 absent and 1 open position. The application was
approved.
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November 17, 2016
IIC181►Lem fflo•Ti�
FILE NO.: Z-9176
(c) Issues that the planning commission will consider
during its review of a family care facility, group care
facility, group home, parolee or probationer housing
facility, or rooming, lodging and boarding facility
include, but are not limited to:
1. Spacing of existing similar facilities.
2. Existing zoning and land use patterns.
3. The maximum number of individuals proposed
to be served, the number of employees proposed
and the type of services being proposed.
4. The need and provision for readily accessible
public or quasi -public transportation.
5. Access to needed support services such as social
services agencies, employment agencies and
medical service providers.
6. Availability of adequate on -site parking.
(d) The Fire Marshal must approve the use of any
structure proposed as a family care facility, group care
facility, group home, parolee or probation housing
facility or rooming, lodging and boarding facility.
(e) Family care facilities, group care facilities, group
homes and parole or probation housing facilities shall
be operated within any and all applicable licensing and
procedural requirements established by the State of
Arkansas.
According to an area survey, there are no other transitional -type residential
facilities within 1,500 feet of the property.
The applicant notes that there will be two (2) bedrooms within the
residence, with the maximum residents per bedrooms as noted below.
The total number of residents within the home will not exceed four (4).
Bedroom (1) 169 square feet — 2 occupants
Bedroom (2) 169 square feet — 2 occupants
3