HomeMy WebLinkAboutZ-9235 Staff AnalysisAugust 3, 2017
ITEM NC.: 5
FILE NO.: Z-9235
NAME: Truth and Transitions Homeless Shelter —
Conditional Use Permit
LOCATION- 7109 Archwood Drive
OWNER/APPLICANT: Henri Pousardien
PROPOSAL: A conditional use permit is requested to allow for the
use of the existing residence on this R-2 zoned lot as
a 13-bed homeless shelter.
ITE LOCATION:
The property is located on the south side of Archwood Drive; the last
residence on the street before entering Boyle Park.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located at the western edge of a single family residential
neighborhood. Single family homes are located east and south of the site.
Boyle Park, a City of Little Rock public park, is located adjacent to the
west and across Archwood to the north. The proposal is to utilize this
single family residential structure as a homeless shelter for up to thirteen
(13) individuals. It is staff s opinion that the proposed use is institutional in
nature and not appropriate for placement in a single family neighborhood.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the Broadmoor, Broadmoor Property
Owners Association and University District Neighborhood Associations.
3. ON SITE DRIVES AND PARKING:
The site contains a double -wide, concrete driveway with stacked space for 4
vehicles. The applicant states the residents of the homeless shelter will not
have vehicles and will depend on volunteers to provide transportation. The
nearest public transportation is a Rock Region Metro bus route located on
University Avenue, .83± miles to the east.
4. SCREENING AND BUFFERS:
No Comments.
August 3, 2017
ITEM NO.: 5 (Cont.} FILE NO.- Z-9235
5. PUBLIC WORKS:
No Comments.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS -
Little Rock Water Reclamation Authority: Sewer available to this site.
Entergy: Entergy does not object to this proposal. Service is already
being provided to this property from the rear of the property with no
apparent conflicts with existing facilities. Contact Entergy in advance to
discuss any changes to electrical service requirements, or adjustments to
existing facilities (if any) as this proposal proceeds.
Centerpoint Energy: No comments received
AT&T- No comments received
Central Arkansas Water: No objection
Fire Department: Full plans review
Building Codes:
Project is a change in occupancy and is therefore subject to current
building code requirements. Review and approval is required by Building
Codes Division before occupancy takes place. For information on
submittal requirements and the review process, contact a commercial
plans examiner:
NOTE: Contact FM Capt. Chris Sanders to coordinate an on -site review at
501-918-3782.
Curtis Richey at 501.371.4724; crichey(Mlittierock.orq or
Mark Alderfer at 501.371.4875; malderferCeD-littlerock.orci.
The building size and type of structure appear to be 1700 sf and 13
beds. This is allowed with the occupancy being "Residential — 4". If
the building occupancy is raised to 16 or more it becomes an
"Institutional — 4" Occupancy and Fire Sprinkler Installations are
required.
Cooking means and methods must be reviewed by the FM Office and
there is a possibility of a Fire Extinguishing system and a ventilation
system being required.
K
August 3, 2017
ITEM NO.: 5 (Cont.) FILE NO.: Z-9235
County Planning: No comments.
Rock Region METRO:
a) Location is served by METRO along University Ave. primarily by route
22. We do not recommend this conditional use location because it is
.85 miles away from the bus route. If the mission of the group is to get
people back on their feet, a bus ride to an interview, a steady job or
treatment services will be important. Facilities should be centrally
located .25 miles from the bus route or less for an effective commute.
SUBDIVISION COMMITTEE COMMENT: (JULY 12, 2017)
The applicant, Henri Pousardien, was present. Staff presented the item and
noted some additional information was needed. Staff asked if any of the residents
would drive and, if so, where would the vehicles be parked. Mr. Pousardien
stated he did not anticipate any of the residents having vehicles. He stated
volunteers would provide transportation. Staff asked if there would be a full or
part time staff person or manager on site. Mr. Pousardien responded that one of
the residents would serve as home leader and any issues that the home leader
could not resolve would be forwarded to Paul Owens of Truth and Transitions.
Staff stated it appeared the size of the house and the various sleeping rooms
complied with the Chapter 8 square footage requirements for 13 persons. Staff
presented the separation, spacing and procedural issues for homeless shelters
from the zoning ordinance for the committee members information.
In response to a question, Mr. Pousardien stated the house had 1 % bathrooms.
He stated most of the food for the facility was donated. He said the residents
could also share and do some cooking.
Other agency comments were noted. The Committee forwarded the item to the
full Commission.
STAFF ANALYSIS:
The R-2 zoned property located at 7109 Archwood Drive contains a one-story,
1,706 square foot, single-family residential structure. The applicant is requesting
approval of a conditional use permit to use the structure for a homeless shelter for
up to thirteen (13) individuals. The applicant began use of the structure for the
homeless shelter without proper zoning approval and was issued a notice to cease
that use or to file for a conditional use permit.
K3
August 3, 2017
ITEM NO.: 5
FILE NO.: Z-9235
The applicant submitted the following information in support of the application
Mission Statement
The mission of Truth & Transitions (T&T) is to provide a faith based,
safe and secure housing environment for individuals who because of
difficult circumstances need housing and mentoring to assist them in
becoming a productive member of society.
Statement of Services, Accessibility Admission Criteria, and
Contact Person
The T&T ministry provides a home with a bed, rented by the week,
mentoring and discipleship, and assistance in acquiring a job. The
current cost is $100 per week. The home is available, as required,
24 hours a day to those who are homeless or with drug and/or alcohol
addictions who desire help and are willing to follow the published home
rules until they are able to live on their own. The current primary
contact person is the Home Leader: Paul Owens, 501.952.5048.
The house will have room for up to 13 beds as follows:
Square
Feet
Beds
Master Bedroom
156
2
Bedroom 2
143
2
Bedroom3
108
1
Study
125
2
Den
340
6
13
T&T receives no funds as donations. Occasionally the ministry has
received donations of food. T&T is not receiving any government
funding. All income is derived from residents paying rent ("Profit and
Loss" statement available upon request).
T&T is a homeless shelter, not a rehab facility. If individuals need
rehab we do not take them in until after they have competed a rehab
program at other facilities. If a current resident is deemed to need
rehab we dismiss them from our home until rehab elsewhere has been
completed and then reconsider accepting them back to our home.
Our residents have been referred to us from various sources two of
which are Bridgeway and the Veterans Administration (VA). T&T
M
August 3, 2017
ITEM NO.: 5 (Cont.) _ FILE NO.: Z-9235
maintains a controlled and structured environment that conducts
regular random drug testing to ensure compliance with our stated rules
of no tolerance of illegal controlled substances (see attached "Home
Rules"). Part of the screening process is to reject those who have a
violent or sexual criminal offence background.
T&T assists with immediate job placement and in the interim provides
opportunities for residents to work for rent. The goal is to have the
residents ready to move on to more permanent housing within two
months. Unfortunately some only stay a few days due to non-
compliance of the stated house rules.
Some residents suffer from various medical conditions. T&T is
bringing a volunteer registered nurse on board to monitor these
medical situations and dispense prescription medications.
Section 8-406 (a) of the City's Buildings and Building Regulations Ordinance
(minimum area per dwellings 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 13 persons is 1,350 square feet. The residential
structure contains 1,706 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. According to Section
8-406 of City Code, following is the minimum required area for each bedroom with
the occupancy as proposed:
Square
Feet Beds
Master Bedroom
156
2
Bedroom 2
143
2
Bedroom3
108
1
Study
125
2
Den
340
6
13
Separation, spacing and procedural requirements for homeless shelters 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. In addition to the development
standards and review guidelines established in section 36-107 of this chapter,
5
August 3, 2017
ITEM NO.: 5 (Cont.) FILE NO.: Z-9235
issues that the planning commission will consider during its review of such facilities
include, but are not limited to:
a. Spacing of existing similar facilities.
b. Existing zoning and land use pattern
c. The maximum number of individuals proposed to be served, the number of
employees proposed and type of services being proposed.
d. Provisions for readily accessible public or quasi -public transportation.
e. Access to support services such as social services agencies, employment
agencies and medical service providers.
Within the defined neighborhood area of 1,500 feet from the site the predominate
uses are the single family neighborhoods extending to the east and south and
Boyle Park extending to the north and west. Other uses within 1,500 feet of the
site are a church located at 2924 Ware (approximately 1,200 feet) and a church
located at 7201 West 32"d Street (approximately 1,200 feet). Just beyond the
1,500 foot distance are a church and daycare at 6724 West 32"d Street
(approximately 1,600 feet), a day care at 3200 Bryant (approximately 1,700 feet)
and a Little Rock School District Elementary and Learning Academy Campus at
the southeast corner of 32"d and Bryant (approximately 1,800 feet). There do not
appear to be any similar facilities in the area.
There is no readily accessible public transportation. The nearest Rock Region
Metro bus route is located on S. University Avenue, approximately .83 miles east.
Although the square footage of the house and proposed sleeping areas appear to
meet the minimum standards of Chapter 8, it leaves no or very little common living
area. It appears all rooms, save the kitchen and bathrooms, are proposed for use
as sleeping areas.
It is staff's opinion that the proposed 13-bed shelter is too intense a use for this
site. The use is not compatible with and will negatively affect other properties in
the area.
STAFF RECOMMENDATION:
Staff recommends denial of the requested CUP.
0
August 3, 2017
ITEM NO.: 5 (Cont_
FILE NO.: Z-9235
PLANNING COMMISSION ACTION: (AUGUST 3, 2017)
The applicant, Henri Pousardian, was present with three (3) persons present in
support. There were numerous persons present in opposition. Several letters
and a -mails and a petition of opposition had been received by staff and delivered
to the commissioners. Staff presented the item and a recommendation of denial.
Henri Pousardian addressed the commission. He stated the property had been
rental housing for eighteen (18) years. He stated he started Truth and Transitions
ministry to provide a safe, secure and supervised environment for those in need.
He stated the shelter had previously been located in Sherwood but he moved it to
this location when this property became available. Mr. Pousardian stated the
level of control over the residents of the shelter would be greater than what
could be exercised over the tenants of a rental home due to the shelter's rules.
Mr. Pousardian stated there was a need for this type of housing. He stated
some of the residents come to the shelter out of a correctional facility and need
a safe and secured environment; otherwise, they could fall back into their
previous lifestyle. He stated Truth and Transitions was a faith -based organization
that would be a benefit to the City. He stated seventy (70) to one -hundred
(100) persons per year would pass through the facility.
Melissa Teeling, of 7101 Archwood, spoke in opposition. She stated she first
became aware of the shelter in March 2017 and made the City aware of the
matter. She voiced concerns about the amount of traffic at the site and
questioned the activities taking place on the property. Ms. Teeling spoke of a
number of police -related incidents at the property since T & T moved in. She
noted the proximity of the shelter to a City park.
Kamilia Williams, of 7105 Archwood, spoke in opposition. She voiced concerns
about traffic, the regularity of police responses to the site and the number of
people in the shelter. Ms. Williams stated the shelter was a good thing, just not
at this location. She said the level of activity at the site was too great for a
residential neighborhood. She also stated she was tired of picking up their
garbage.
Danny York, of 35 Talmage, spoke in opposition. He stated it was a flawed plan
to have this intense a use in a neighborhood.
Richard Higginbotham, of 35 Talmage, stated his opposition to the item.
Mark Franks, of 1 Talmage Court, spoke in opposition. He presented additional
signatures on the previously submitted petition of opposition. He stated the
neighborhood was zoned for single family. He went through several sections of
the applicant's proposal and questioned the validity of statements made by the
applicant. Mr. Franks said there were disturbing red flags and he felt there had
rl
August 3, 2017
ITEM NO.: 5 (Cont.) FILE NO.: Z-9235
been a false representation of what was being proposed. He asked the
commission to deny the application.
Debra Boyland, of 58 Maryton Park, stated her opposition to the item.
Chuck Bomer, of 64 Maryton Park Cove, spoke in opposition. He stated there
were too many people being proposed for the shelter. He stated there was a
lack of space for the individuals, insufficient exits, no accessible public
transportation, insufficient bathrooms and lack of private space for the occupants.
Joe Busby, President of the University District Neighborhoods Association,
spoke in opposition. He stated the association represented nine (9) area
neighborhoods who were united in opposition to the proposal. He said the
surrounding neighborhood was single family. Mr. Busby questioned the
operation of the shelter. He said there was no one in authority on site and the
facility provided no services to the homeless residents. He said Truth and
Transitions was a for -profit business that made money off of the homeless
residents. Mr. Busby stated there were 4-6 cars at the site each night and the
site was a mile from the nearest bus stop. He said T & T was not connected to
any other social service agency. He compared T & T's plan to allow the
homeless residents to work off their rent payment to indentured servitude or
slavery.
Mr. Pousardian responded that his organization worked with Bridgeway and the
veterans Administration.
Paul Owens, of Truth and Transitions, stated he was a recovering addict who
now wanted to pay back the help that had been given to him. He stated the
organization did not make money off of the residents. Mr. Owens stated they
wanted to provide help to those who needed it. He stated he helped the
residents find jobs.
Robert Steele, a program administrator with the State Department of Human
Services, shared a story of a DHS client who had successfully transitioned out of
a DHS facility and through T & T's shelter. He stated Truth and Transitions had
services available to help their residents.
In response to a question form Commissioner Hamilton, Mr. Pousardian stated
this was Truth and Transitions' only facility.
Commissioner May commented that he applauded T & T's efforts but he could
not support the current application at this site.
A motion was made to approve the CUP application, including all staff comments
and conditions except the recommendation of denial. The vote was 0 ayes,
9 noes and 2 absent. The motion failed and the application was denied.
F
SUBDIVISION COMMITTEE COMMENTS
JULY 12, 2017
ITEM NO.: 5. TRUTH AND TRANSITIONS HOMELESS SHELTER
CONDITIONAL USE PERMIT
7109 ARCHWOOD DRIVE (Z-9235
Planning Staff Comments:
1. The 1963 Bill of Assurance for Maryton Park Addition states "no lot shall be used except for
residential purposes. No buildings shall be erected, altered, placed or permitted to remain on any
building site other than one detached, single-family dwelling not to exceed two stories in height."
2. Will any of the residents drive? If so, where will parking occur? If not, what transportation is
available?
3. Is there a full or part time staff person or manager onsite? Describe how that operation works.
4. Section 8-406(a) of the City's Buildings and Building Regulations Ordinance (minimum area per
dwellings 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 13 persons is 1,350 square feet.
The residential structure contains 1,736 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. According to Section 8-406 of City Code, following is the
minimum required area for each bedroom with the occupancy as proposed:
Square
Feet Beds
Master
Bdrm
156 2
Bdrm 2
143 2
Bdrm 3
108 1
Study
125 2
Den
340 6
13
5. Separation, spacing and procedural requirements for homeless shelters 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. In addition to the development standards and review
guidelines established in section 36-107 of this chapter, issues that the planning commission will
consider during its review of such facilities include, but are not limited to:
a. Spacing of existing similar facilities.
b. Existing zoning and land use pattern.
c. The maximum number of individuals proposed to be served, the number of employees
proposed and type of services being proposed
d. Provisions for readily accessible public or quasi -public transportation.
ITEM NO.: 5. (CON'T) (Z-9235)
Access to support services such as social services agencies, employment agencies and
medical service providers.
Variance/Waivers:
■ None requested
Public Works: No comments.
Utilities and Fire Department/County Planning:
Little Rock Water Reclamation Authority: Sewer available to this site.
Entergy: Entergy does not object to this proposal. Service is already being provided to this property from
the rear of the property with no apparent conflicts with existing facilities. Contact Entergy in
advance to discuss any changes to electrical service requirements, or adjustments to existing
facilities (if any) as this proposal proceeds.
Centerpoint Energy: No comments received
AT&T: No comments received
Central Arkansas Water: No objection
Fire Department: Full plans review
Building Codes:
Project is a change in occupancy and is therefore subject to current building code requirements. Review and
approval is required by Building Codes Division before occupancy takes place. For information on
submittal requirements and the review process, contact a commercial plans examiner:
NOTE: Contact FM Capt. Chris Sanders to coordinate an on -site review. 501-918-3782
Curtis Richey at 501.371.4724; crcheylittlerock.oor
Mark Alderfer at 501.371.4875; malderfer@a.littlerock.org.
The building size and type of structure appear to be 1700 sf and 13 beds. This is allowed
with the occupancy being "Residential — 4". If the building occupancy is raised to 16 or more it
becomes an "Institutional — 4" Occupancy and Fire Sprinkler Installations are required.
Cooking means and methods must be reviewed by the FM Office and there is a possibility of
a Fire Extinguishing system and a ventilation system being required.
ITEM NO.: 5. CON'T Z-9235
County Planning: No comments.
Rock Region METRO:
a) Location is served by METRO along University Ave. primarily by route 22. We do not recommend
this conditional use location because it is .85 miles away from the bus route. If the mission of the
group is to get people back on their feet, a bus ride to an interview, a steady job or treatment services
will be important. Facilities should be centrally located .25 miles from the bus route or less for an
effective commute.
Planning Division: No comments.
Landscape: No comments.
Other: Submit responses to staff issues and four (4) copies of a revised site plan (if required) no later than
Wednesday, July 19, 2017. Required notices are to be sent via certified mail to all owners of properties
located within two hundred (200) feel of the site no later than Wednesday July 19, 2017. The City provided
notice form must be used. Proof of notices is to be provided to staff no later than July 28