HomeMy WebLinkAboutZ-9177 Staff AnalysisJanuary 5, 2017
ITEM NO.: B FILE NO.: Z-9177
Name: Newton Parolee/Probationer Housing Facility —
Special Use Permit
Location: 1423 S. Elm 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 1423 S. Elm
Street.
A. Public Notification:
All owners of property located within 200 feet of the site and the Forest
Hills, Hope, Pine to Woodrow and Stephens Area Faith Neighborhood
Associations were notified of the public hearing.
B. Public Works Issues:
No Comments.
C. Staff Analysis:
1423 S. Elm Street is located at the northeast corner of S. Elm Street and
West 15th Street. The property is occupied by a two-story frame single
family residence. There is a gravel driveway and parking area in the front
yard area, at the southwest corner of the residence. There is also a gravel
driveway from West 15th Street which leads into the rear yard area. There
is off-street parking for at least four (4) vehicles. The gravel drive/parking
areas located between the residence and the streets must be bordered as
per ordinance requirements. There is also a paved alley located along the
rear (east) property line. On -street parking is allowed in the area.
All of the surrounding properties are zoned R-3 and R-4 and contain single
family and duplex structures. There are several boarded -up residences
and vacant lots in this general area.
The applicant, Terrell Newton, proposes to utilize the existing 2,100
square foot structure as a parolee/probationer housing facility. The
January 5, 2017
ITEM NO.: B (Cont.) _ FILE NO.: Z-9177
residential facility will house up to twelve (12) male residents who are
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. Route #3 (Baptist Medical Center
Route) runs along West 12th Street to the north, and Route #16 (UALR
Route) runs along West 20th 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:
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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January 5, 2017
ITEM NO.: B (Cont.) _ FILE NO.: _Z-9177
(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, staff identified two (2) other approved
transitional -type residential facilities within 1,500 feet of the subject property.
The other residential facilities are as follows:
4017 West 12th Street — approved special use permit for a group
home for up to twelve (12) female residents.
• 1200 Valentine Street — Will's House — residential facility for up to
thirteen (13) male residents recovering from substance abuse.
K,
January 5, 2017
ITEM NO.: B (Cont.
FILE NO.: Z-9177
The applicant notes that there will be four (4) bedrooms within the
residence, with the maximum residents per bedrooms as noted below.
The total number of residents within the home will not exceed 12.
Bedroom (1) 169 square feet — 2 occupants
Bedroom (2) 169 square feet — 2 occupants
• Bedroom (3) 200 square feet — 3 occupants
■ Bedroom (4) 300 square feet — 5 occupants
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 12 persons is
1,250 square feet. As noted earlier the residential structure contains
2,100 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 not supportive of the requested special use permit to allow a
parolee/probationer housing facility at 1423 S. Elm Street. Staff does
not believe that the proposed residential facility will be compatible with
the neighborhood. As noted previously, staff noted that there are
two (2) residential living facilities which could be identified within this
neighborhood area, within 1,500 feet from the subject property. Staff feels
that the proposed occupancy of twelve (12) residents and one (1) staff
(with additional staff reporting to the site) is too intense for this area. The
proposed occupancy is very institutional in scale. All of the surrounding
properties are small scale residential properties, mostly single family
residences. Staff believes that a parolee/probationer housing facility for
twelve (12) residents at this location could have an adverse impact on the
surrounding residential properties.
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January 5, 2017
ITEM NO.: B Cont. FILE NO.: Z-9177
D. Subdivision Committee Comment:
(October 26, 2016)
Terrell Newton was present, representing the application. Staff briefly described
the proposed parolee/probationer housing facility request. 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 denial of the requested Special Use Permit to operate a
parolee/probationer housing facility at 1423 S. Elm Street.
PLANNING COMMISSION ACTION: (NOVEMBER 17, 2016)
Staff informed the Commission that on November 16, 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)
Terrell Newton was present, representing the application. There were several objectors
present. Staff presented the application with a recommendation of denial.
Terrell Newton addressed the Commission in support of the application. Mr. Newton
explained that there was a need for housing for parolee/probationers. He noted that his
facility would have strict house rules. He stated that he could reduce the number of
residents proposed if needed. He explained that residents would take part in training
and would be required to work.
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January 5, 2017
FILE NO.: Z-91
Rohn Muse, President of Forest Hills Neighborhood Association, addressed the
Commission in opposition. He explained that he was opposed for the same reasons
as stated by staff and noted in his letter dated November 9, 2016.
Erma Peterson, President of the Hope Neighborhood Association, also spoke in
opposition. She explained that the proposed use would not be compatible with the
neighborhood area. She noted that there was much police activity in this area. She
stated that the Stephens Area Faith Neighborhood Association was also opposed to
the application.
Katina Holliman also spoke in opposition. She stated that she was the secretary of the
Hope Neighborhood Association. She expressed concern with crime in the area. She
noted that there was a day care three (3) blocks from the subject property.
Marion Lewis-Lognion also spoke in opposition. She stated that she was the Vice
President of the Hope Neighborhood Association. She noted that she had lived in the
neighborhood since 1972 and expressed concerns with crime and drug issues.
Anika Whitfield also spoke in opposition. She explained that she had been working to
upgrade the neighborhood with a community garden, etc. She noted that job
opportunities were not readily available in this area. She explained that the proposed
use would not be compatible with the neighborhood.
Mr. Newton explained that he had extensive experience in working with
parolee/probationers. He noted that persons living in his facility would be trained
and be given job opportunities. He noted that this was the first time he had filed an
application. He explained that his facility had strict rules and training for the residents.
He further explained his training and job placement criteria.
Commissioner Hamilton asked about Mr. Newton's experience. Mr. Newton explained
that he had extensive job training experience. Commissioner Hamilton asked why
Mr. Newton chose this location. Mr. Newton noted that he owned the house and had
been using it as a rent house. He also noted that the State Department of Corrections
had reviewed his plan. Commissioner Latture asked who pays for the residents.
Mr. Newton noted the Department of Corrections. Commissioner Cox asked if staff
could support the application if Mr. Newton reduced the number of proposed residents.
Tony Bozynski, Director of Planning and Development, explained that the concern was
with the institutional type of use proposed and the impact it would have on a fragile
neighborhood. Commissioner Finney noted that she did not support the proposed use
in this neighborhood. Commissioner Laha asked what type of skills Mr. Newton would
teach. Mr. Newton stated that it would be based on the individual's past experience.
January 5, 2017
ITEM NO.: B (Cont.) _ FILE NO.: Z-9177
There was a motion to approve the application. The motion failed by a vote of 0 ayes,
9 nays, 1 absent and 1 open position. The application was denied.
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November 17, 2016
ITEM NO.: 2 (Cont.
FILE NO.: Z-9177
The applicant notes that there will be four (4) bedrooms within the
residence, with the maximum residents per bedrooms as noted below.
The total number of residents within the home will not exceed 12.
t 3• r� 33 1�66 .s�P
t3 , 5� y + 2.. � 5 7 2 � Bedroom (1) 169 square feet — 2 occupants
Zlz i7� Bedroom (2) 169 square feet — 2 occupants
Bedroom (3) 200 square feet — 3 occupants
Bedroom (4) 300 square feet — 5 occupants
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 12 persons is
f b 1,250 square feet. As noted earlier the residential structure contains
4-1 I� 2,100 square feet.
V" �J
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 not supportive of the requested special use permit to allow a
parolee/probationer housing facility at 1423 S. Elm Street. Staff does
not believe that the proposed residential facility will be compatible with
the neighborhood. As noted previously, staff noted that there are
two (2) residential living facilities which could be identified within this
neighborhood area, within 1,500 feet from the subject property. Staff feels
that the proposed occupancy of twelve (12) residents and one (1) staff
(with additional staff reporting to the site) is too intense for this area. The
proposed occupancy is very institutional in scale. All of the surrounding
properties are small scale residential properties, mostly single family
residences. Staff believes that a parolee/probationer housing facility for
twelve (12) residents at this location could have an adverse impact on the
surrounding residential properties.
E