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HomeMy WebLinkAboutZ-9314 Staff AnalysisApril 19, 2018 ITEM NO.: 1 FILE NO.: Z-9314 Name: Grantt Group Home — Special Use Permit Location: 8104 Stanton Road Applicant. Carla Grantt Owner: Gaylon Carter 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 8104 Stanton Road. A. Public Notification: All owners of property located within 200 feet of the site and the upper Basel ineMindamere and SWLR United for Progress Neighborhood Associations were notified of the public hearing. B. Public Works Issues: No Comments. C. Staff Analysis: The R-2 zoned property at 8104 Stanton Road is occupied by a two-story single-family residential structure. The property is located on the west side of Stanton Road, south of Interstate 30. There is a two (2) car wide driveway from Stanton Road at the northeast corner of the property. An additional concrete parking pad is located within the front yard area. There is parking for approximately five (5) vehicles on the concrete driveway and parking pad areas. The property is owned by Gaylon Carter who has submitted written authorization for Carla Grantt to represent the property and file for the Special Use Permit. The general area is predominantly comprised of single family uses and zoning. A commercial use, zoned PID, is located immediately to the north, with a church to the northeast. Mobile home parks are located to the north and south along Stanton Road. Single family residences are located across Stanton road to the east. A small amount of undeveloped R-2 zoned property is located immediately to the south and west. April 19, 2018 ITEM NO.: 1 (Cont.) FILE NO.: Z-9314 The applicant, Carla Grantt (Mary's House of Restoration, Inc.), is requesting a Special Use Permit to allow operation of a group home within the residential structure on the R-2 zoned property at 8104 Stanton Road. The applicant proposes the group home for up to five (5) female residents who are disabled and recovering from substance abuse or behavioral addictions. 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 this location will include "individual counseling for all clients as well as a Relapse Prevention class". 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 1,832 square feet. The applicant proposes to house the residents in three (3) bedrooms as follows: Bedroom 1 — 110 square feet — 1 occupant (Resident Manager) Bedroom 2 — 240 square feet — 4 occupants (first floor) Bedroom 3 — 112 square feet — 1 occupants (second floor) 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 six (6) persons (5 residents plus 1 manager) is 650 square feet. As noted earlier the residential structure contains 1,832 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: VA April 19, 2018 ITEM NO.: 1 (Cont.) FILE NO.: Z-9314 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 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. 3 April 19, 2018 ITEM NO.: 1 FILE NO.: Z-9314 (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 Rock Region METRO bus route. Route #22 (University Avenue/Mabelvale Route) runs along the 1-30 Frontage Road to the north, and Route #23 (Baseline/Southwest Route) runs along Baseline Road to the south. There is no bill of assurance for this property as per Pulaski County Courthouse personnel. 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. Staff is supportive of the application for a group home, as proposed by the applicant. Staff views the request as reasonable. 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. The parking area within the front yard area should be sufficient to serve the proposed group home use. The applicant notes that typically no more than three (3) vehicles will be on the site. There are existing bus routes a short distance to the north and south, along the 1-30 frontage road and Baseline Road. The square footage of the overall residence and the individual bedrooms conforms to Chapter 8 of the code. Additionally, the Fire Marshal has inspected the residence and approved the proposed occupancy, noting no violations. Staff believes the proposed group home is an appropriate use of this property. 4 April 19, 2018 ITEM NO.: 1 (Cont.) FILE NO.: Z-9314 D. Subdivision Committee Comment: (March 28, 2018) Carla Grantt was present, representing the application. Staff briefly described the proposed group home use. Staff noted that additional information was needed with respect to the area of the residence and individual bedrooms, occupancy of bedrooms and activities which will take place at the residence. Ms. Grantt noted that the additional information would be provided to staff. Ms. Grantt provided a copy of the Fire Marshal's inspection report to staff. Ms. Grantt also noted that she would be attending a neighborhood association meeting to present her proposal. After brief additional discussion, the Committee forwarded the application to the full Commission for resolution. E. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a group home at 8104 Stanton Road, subject to the following conditions: 1. A maximum of five (5) handicapped residents will be allowed, with one (1) live-in house manager. 2. Compliance with all requirements as found in Section 36-54(e)(4) of the Code. PLANNING COMMISSION ACTION: (APRIL 19, 2018) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The application was placed on the Consent Agenda for approval. The vote was 8 ayes, 0 nays and 3 absent. The application was approved. 5 SUBDIVISION COMMITTEE COMMENTS (e" MARCH 28, 2018 ITEM NO.:1. GRANTT GROUP HOME SPECIAL USE PERMIT 8104 STANTON ROAD (Z-9314) Planning Staff Comments: 1. The applicant proposes to operate a group home for up to eight (8) persons (women) recovering from alcohol or substance abuse at 8104 Stanton Road. 2. There will be one (1) live-in house manager. 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 is 950 square feet. Provide total area of structure. Section 8-406(b) (minimum area per bedroom) requires 70 square feet for first occupant and 50 square feet for each additional occupant. Provide area and number of persons occupying each bedroom. 5 Describe any other activities which will take place at this location (counseling, etc.). 6. Discuss parking situation. Concreate parking exists in the front yard area for approximately five (5) vehicles. How many of the residents will typically have vehicles? 7. There is no bill of assurance for this property as per Pulaski County Courthouse personnel. 8. Staff is in the process of conducting an area survey to determine if there are any other similar living facilities within 1,500 feet of this subject property. Variance/Waivers: + None requested Public Works: No comments. Fire Department: The Fire Marshall must approve the use of this structure proposed as a group home. Provide copy of Fire Marshall inspection report to staff. Rock Region METRO: The site is not located on a Rock Region METRO bus route. Route #22 (University Avenue/Mabelvale Route) runs along the I-30 Frontage Road to the north, and Route #23 (Baseline/Southwest Route) runs along Baseline Road to the south. Planning Division: No comments. V/ Other: Provide additional requested information, including Fire Marshal inspection report, to staff in writing, no later than Wednesday, April 4, 2018.