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HomeMy WebLinkAboutZ-09314-A Staff AnalysisNovember 15, 2018 FILE NO.: Z-9314-A Name: Newton Group Home — Special Use Permit Location: 8104 Stanton Road Owner: Gaylon Carter Applicant: Terrell Newton Proposal: The request is to change the ownership of a previously approved Special Use Permit for a group home. 0 1.9 Public Notification: All owners of property located within 200 feet of the site and the Upper Baseline and SWLR United for Progress Neighborhood Associations were notified of the public hearing. 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. On April 19, 2018 the Planning Commission approved a Special Use Permit for 8104 Stanton Road to allow a group home for a maximum of five (5) handicapped residents (female) and one (1) live-in house manager (with some in-house counseling/classes). The Special Use Permit was issued to the property owner, Gaylon Carter. Terrell Newton is in the process of purchasing the property. According to Section 36-54(d) of the City's Zoning Ordinance, Special Use Permits shall not be transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. Therefore, a new Special Use Permit is requested for Mr. Newton, the new property owner. Mr. Newton proposes November 15, 2018 ITEM NO.: 2 (Cont. FILE NO.: Z-931 to continue to operate the group home as was previously approved, with the only change being that the residents will be male instead of female. 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 continue 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 occupant (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: 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 2 November 15, 2018 ITEM NO.: 2 (Cont.) FILE NO.: Z-9314-A 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. (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. 3 November 15, 2018 ITEM NO.: 2 (Cont.) FILE NO.: Z-9314-A The site is not located on a Rock Region METRO bus route. Route #22 (University Avenue/Mabelvale Route) runs along 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 previously 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 current request represents nothing more than a change of property ownership for the existing group home. To staff's knowledge there have been no complaints received for this property since the group home began operation. Staff believes the proposed group home is an appropriate use of this property. D. Subdivision Committee Comment: (October 24, 2018) Terrell Newton was present, representing the application. Staff presented the application, noting that Mr. Newton was in the process of purchasing the property at 8104 Stanton Road. Staff noted that a special use permit for a group home had previously been approved for the property, and that Mr. Newton proposed to continue operating the group home as the new owner. Mr. Newton noted that there would be no changes to the operation of the previously approved group home, except that the residents would be male instead of female. After a brief 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 continued operation of a group home at 8104 Stanton Road, subject to the following conditions: 4 November 15, 2018 ITEM NO.: 2 Cont. FILE NO.: Z-9314-A 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: (NOVEMBER 15, 2018) The applicants were present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff by a vote of 6 ayes, 0 noes and 5 absent.