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Home My WebLink AboutAppealed by Neighbors-Appeal DeniedJuly 9, 2024 Y Dear Mayor Frank Scott, Jr. and the Little Rock Board of Directors: I respectfully appeal the decision of the planning commission regarding item Zoning Case File No. Z 9887-A from the June 13, 2024 Planning Commission meeting. Please see attached documents including the original application and the planning comission's action letter including minutes from the June 1311Planning Commission meeting. Thank you, Steven Cone 2219 Westport Loop Little Rock, AR 72212 501-681-9354 �ab%yp c k-5 0 PO r 7r`C %S T464'sell (F a-e July 9, 2024 Dear Mayor Frank Scott, Jr, and the Little Rock Board of Director S respectfully appeal the decision of the planning commission regarding item Zoning Case Fie Igo_ Z-9887-A from the June 13, 2024 Planning Commission meeting. Please see attached documents including the original application and the planning commission's action letter including minutes from theJune 13d Planning Commission meeting. Thankyou, Jason Burk 2215 Westport Loop Little Rock, AR 72212 708-305-5506 7W4. 1;42 PM AR- TICLE (i. - ADM NISTRATION AND ENFORCEMENT I Cade of orcrinances { Utde Rock. AR I Munkzde Ubrayr CogWf$b�nrg�l�%�ubstances Act is ineligible to apply for a special use permit for a daycare family home or a family care facility unless the applicant has received a pardon or can establish in writing that the conviction has been expunged. (b) Application procedure. The property owner or an authorized agent shall apply for a special. use permit under the guidelines provided by the department of planning and development. A public hearing on the special use permit will be Field by the planning commission which shall have final authority. The planning commission shall consider, but shall not be bound by, the lawful provisions of a valid bill of assurance for the subdivision within which the subject property is located when determining the appropriateness of the proposed special use. Appeals from the action of the planning commission shall be filed with the board of directors. The content of the appeal filing shall consist of: I) A cover letter addressed to the mayor and board of directors setting forth the request; (2) A copy of the p!anning commission application indicating the action and properly executed by the staff. `his filing shall occur within thirty (30) calendar days of the action by the planning commission. Certified mail notice of appeal hearing shall be provided by the appellant not less than ten (10) days prior to T-he date of the hearing and the affidavit and other supporting evidence of notice shall be filed not less than five (5) days prior to the date of review. This notice shall be givers to a!! record parties in interest whether for a against the request The cost of this notice shall borne by the appellant. No activity which requires said permit shall be conducted prior to final approval. (c) Uses requiring special use permits. Uses which are determined to require special use permits will be designated in the section 35-3 when such uses are included within this chapter. (d) Transfer of permits and initiation of permits. Special use permits shall not be transferable in any manner. Permits cannot be passed from owner to owner, location to location or use to use. The special use approved by the commission must be initiated within one (1) year of the date of approval, unless an extension of time is granted by the commission. Otherwise, the swAx APPLICATION FOR SPECIAL USE PEMUT lit/17/t9 2:01 % CASE FILE NO. Z — V & ( " A PLA1vNW(3 COMMMIC)N A4EET WG. Application is hereby made to the Little Rock Plaaning CommiSsi'7oa, pvrsskant to the pra%isions of Act 186, of 1951, Ads of Arkansas, as amended, and Chaps 36 of Liatie Rack, Ark. Rev. Cade (1988), as amended. rcgtt=Dg approval of a Special Use Permit as dest;nW belm,: `DRESS: 2211 Westport Loop -Lips Rock. Aft a22i2 _ _ LEGAL DESGRIP' oN! tat 49R Gam Glen - --- — OUngER_S NAME-- COlVI1VIilNI-rs' LIVING INC. ZONINGON PROPERTY: - R�'dn mas. eam�wr. PROP05ED [#SE: r s+mpon�ve t ivtn� APPUCANT: "'' ra ok o ,4y or�eke TELEPHONE- 51)1 -562-6aT9 N AH-1ING ADDRESS: 105 E. Rooseveit Rd. Little Rock, AR 72206 PLANIrrWG COMMISSION ACTION: k404VAP�? • spF-c L CONDmONS wIYH APPROVAL: S-t _kZi 3 A4-- C, FEE: A f Y8• ov -% G,,.{,2 : �in•� , - - �� titi3-rii Dept of Planning and DevekgmA+ 723 West Maftam S1ree, Little Rock. Arkansas 72201-1334 Phone_(5a1)371-4790 Fax (501 )399-3435 June 18, 2024 Brandon Hartsell AEDD 105 E. Roosevelt Road Little Rout, AR 72205 Re: File No_ Z-9887 A Community Living #8 Group H -.e — Special Use Permit 2211 Westport Loop Dear Mr. Hartsell_ Planfing Developr mw, BuddhV codes This is to advise you that in connection with your request concerning the above referenced file number the following action was taken by the Planning Commission at its meeting on June 13, 2024: Approved with conditions_ Recommended approval with conditions. Recommended approval as submitted_ Denied your requ1est as sut ;mitted. Deferred to the Meeting. w Other. See Minute Record for Conan ons If you have any questions, please do not hesitate to contact me at 501-371-4792. Respectfully, June 13, 2024 ITEM NO.: 1S FILE NAME: Community Living #8 Group Home — Special Use Permit LOC^ ATION: 2211 Westport Loop AGENT. Brandon Hartsell AEDD 105 E. Roosevelt Road Little Rock, AR 72206 OWNER: Community Living Inc. 12553 Rivercrest Drive Little Rock, AR 72206 AREA: 0.29-acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF UVARD: 5 PLANNING DISTRICT: 19 CENSUS TRACT: 42.19 CURRENT ZONING: R-2 VARIANCEIWAIVERS: None requested. A. PRQPQSAUREQUESVAPPLICANT'S STATEMENT: The applicant is requesting a special use permit to allow for a group home facility tO be operated in the existing single-family residence zoned R-2. The proposed group home will have a maximum of five (5) disabled residents at any given time. B. EXISTING CONDITIONS: June 13, 2024 ITEM NO,: '19 '�onL_' FILE NO.: C. NEIGHBORHOOD CO' All owners of property located within 300 feet of the site and all neighborhood associations registered with the City or L die Rock were notified of the public hearing. D. ENGINEERING COMMENTS- No comments. E. UTILITIES/FIRE DEPARTMENT/PARKSfCOUNTY PLANNING, Little Rock `IlJater Reclamation Author No comments. Eby: No comments received. Summit Utilities: No comments - AT & T: No comments received. Central Arkansas Water: No comments. Fire De�finent Need Life Safety Inspection. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CC]DESILANDSCAPE: Building Code: No comments received. Landscape* No comments. G_ TRANS PORTATIONIPLANNING: Rock Re ion Metro: No comments received. June 13.2024 ITEM NC.).: 19(Cont.) FILE NO.: Z-9887-A The site is located in the Garrett Glen Addition Subdivision and contains 3,530 square foot, one-story, four -bedroom single-family residence. The Land Use Plan shows Residential Low Density (RL) for the requested area. Surrounding the application area is fully developed single-family Subdivision. The total square footage for each bedroom is approximately 225 square feet with one resident per bedroom. Staff presence is provided in rotating 8-12-hour shifts. At least one sxaff but no more than two will be present if any resident is present. The property has a two -car garage with enough space for two additional vehicles. Due to parking limitations on this property the applicant has implemented measures to ensure that no more than three (3) vehicle driving individuals will be allowed to occupy this residence at any given time. No signage beyond that allowed in single-family and two-family zones will be permitted. The applicant notes that Pulaski County Public Records yielded no bill of assurance -for this property. Section 36-54(e)(4) of the City's Zoning Ordinance provides the following provisions for Group Home 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 facilitias and Morning, 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 bP a nM--U Imntinn +F,at = � . - oP-_ - June 13, 2024 i civi i�iv.: (Cont.FILE NO.. Z-9887-A mousing 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 ,t;mber of em❑loyees proposed and the type of serv,cec being proposed. 4. The need and provision for readily accessible public or quasi- pualic transportation. 5. Access to needed support services such as social services agencies, employment agencies and medical service providers. 6. Avaiiabiiiity of adequate on-siteparking. (d) The fire marshal Must approve the use of any structure proposed as a fcaa lily care facility, group care facility, group home, parolee or probation housing facility or rooming, lodging and boarding facility. (e ) Family care facilities, group care raciiiiies, 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. 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 this residence occupied by fare (5) persons is 550 square feet. As noted earlier the residence is 3,530 square feet in total area. o staffs knowledge there are no other similar living facilities within a 1,500-foot radius. June 13, 2024 ITE NO.. 19 fCortt ; F:LE sw),-. Z-08-- STAFF RECOMMENDATIO Staff recommends approval of the Special Use Permit request, subject to c-ornpliance with Comments and conditions noted in paragraph E and the staff analysis of the agenda staff report_ PLANNING COMMISSION ACTION- (JUNE 13, 2024) The applicant was present. The application carve ct-i consent agenda. SEBif presented the item and a recommendation of approval as outlined in the "staff analysis" above. There were three persons registered in opposition. Carla Smai, Jason Burik and Justin MOOre spoke about concerns of noise, panting issues, safety issues and litter. Ater considerabie discussion there was a motion to approve the application. There was a second. The vote was 9 ayes, I nay and 1 absent. The motion passed. PY' 4= Gl July 9, 2024 Dear Mayor Prank Scott, Jr, and the Little Rock Board of Directors: I respectfully appealthe decision of the planning commission regarding item Zoning Case Pile No. Z-9887-Afrom the June 13, 2024- Planning Commission meeting- Ptease see attached documents including the original application and the planning commission's action letter including minutes from the June 13' Planning Commission meeting. Thank you, Carla Smith 2209 Westport Loop Little Rock, AR 72212 870-723-2469 7024. 1:42 PM ARTICLE II. -ADMINISTRATION AND ENFORCEMENT I Code of Ordnances I Utdo Rods. AR I Municode Library COH�f r �lffg e� ubstances Act is ineligible to apply for a special use permit for a daycare family home or a family care facility unless the applicant has received a pardon or can establish in writing that the conviction has been expunged. (b) Application procedure. The property owner or an authorized agent shall apply for a special use permit under the guidelines provided by the department of planning and development. A public hearing on the special use permit will be held by the planning commission which shall have final authority. The planning commission shall consider, but shall not be bound by, the lawful provisions of a valid bill of assurance for the subdivision within which the subject property is located when determining the appropriateness of the proposed special use. Appeals from the action of the planning commission shaII be filed with the board of directors. The content of the appeal filiog-shall consist of. (1) A cover letter addressed to the mayor and board of directors setting forth the request, and (2) A copy of the planning commission application indicating the action and properly executed by the staff. This filing shall occur within thirty (30) calendar days of the action by the planning commission_ Certified mail notice of appeal hearing shall be provided by the appellant not less than ten (1 of days prior to the date of the hearing and the affidavit and other supporting evidence of notice shall be filed not less than five (S) days prior to the date of review. This notice shall be given to all record parties in interest whether for or against the request. The cost of this notice shall be borne by the appellant. No activity which requires said permit shall be conducted prior to final approval. (c) Uses requiring special use permits Uses which are determined to require special use permits will be designated in the 36-.. when such uses are included within this chapter. (d) Transfer ofpermits and initiation ofpermits. Special use permits shall not be transferable in any manner. Permits cannot be passed from owner to owner, location to location or use to use. The special use approved by the commission must be initiated within one (1) year of the date of approval, unless an extension of time is granted by the commission. Otherwise, the commission's approval of the special use permit shall be considered void. (e) Development criteria. The site and location criteria for uses requiring special use permits are as follows: (1) Bed and breakfast house/short-term rental type 1 (STR-1). a. See article XIII, bed and bed and breakfast house/short-term rentals for development standards and submittal requirement. b. The owner must provide one (1) paved off-street parking space per guest room and htms-JAibrarvmunimde.cmVerAitUe mWoodeskode of ordinances7nodeWCOOR CH36ZO ARTIIADEN DIVIGE S36-54SPUSPE 5W sup.doc APPLICATION FOR SPECIAL USE PERMIT 01/17/19 ZONING CASE FILE NO. l` a97 -A PLANNING COMMISSION IIfEETING: — (. A Application is hereby made to the little Rock Pia� Commission, pmsnant to the provisions of Act 185, of 1957, Acts of Arkansas, as amended, and Chapter 36 of Little Rock, Ark. Mv. Code (1988), as amended, regumdag approval of a Special Use Permit as descn'bed below: ADDRESS: 2211 Westoort Loop L ML ,- Rock. AR 72212 LEGAL DESCRIPTION: Lot 491t Ganes Gen OWNER'S NAME: COMMUNITY LN NG INC. ZONING ON PROPERTY: _ 12 - PamkW" wwragw33 PR{3POSED USE: Community Supportive -,An.9 APPLICANT: Arkxnm ErftVvfiW for McD00WbMWft%F TELEPHONE_ 501-562-6579 MAIL12-4G ADDRESS: 105 F- Rooseve3t Rd. Little Reek. AR 7=6 PLANNING COMMISSION ACTION- � ( AL SPECIAL CONDITIONS WTIIi AmovAL G e -i FEE: 3��zK Department of Planning and Development 723 West Markham Street Utle Rode. Arkansas 72201-1334 Phone: (501)371-4790 Fax (501 )399.3435 June 18, 2024 Brandon Hartsell AEDD 105 E. Roosevelt Road Little Rock, AR 72206 Re: File No. Z-9887 A Community Living #8 Group Home — Special Use Permit 2211 Westport Loop Dear Mr. Hartsell: D"Mopffont Building Codes This is to advise you that in connection with your request concerning the above referenced file number the following action was taken by the Planning Commission at its meeting on June 13, 2024: x Approved with conditions. Recommended approval with conditions. Recommended approval as submitted. Denied your request as submitted. Deferred to the Meeting. x Other See Minim Record for Conditions. If you have any questions, please do not hesitate to contact me at 501-371-4792. Respectfully, Monte Moore Development Administrator June 13, 2024 ITEM NO.: 19 FILE NO.: Z-9887-A NAME: Community Living #8 Group Home — Special Use Permit LOCATION: 2211 Westport Loop AGENT: Brandon Hartsell AEDD 105 E. Roosevelt Road Little Rock, AR 72206 OWNER: Community Living Inc. 12553 Rivercrest Drive Little Rock, AR 72206 AREA: 0.29-acre WARD: 5 CURRENT ZONING: VARIANCEMAIVERS NUMBER OF LOTS: 1 PLANNING DISTRICT: 19 None requested. A. PROPOSAUREQUESTIAPPLICANT'S STATEMENT: FT. NEW STREET: 0 LF CENSUS TRACT: 42.19 The applicant is requesting a special use permit to allow for a group home facility to be operated in the existing single-family residence zoned R-2. The proposed group home will have a maximum of five (5) disabled residents at any given time. B. EXISTING CONDITIONS: The site is located in the Fairway Woods Sub Otter Creek Community Subdivision and contains 3,530 square foot, one-story, four -bedroom single-family residence. The Land Use Plan shows Residential Low Density (RL) for the requested area. Surrounding the application area is fully developed single-family subdivision. June 13, 2024 ITEM NO.: 19 (Cont) FILE NO.: Z-9887-A C. NEIGHBORHOOD COMMENTS: All owners of property located within 300 feet of the site and all neighborhood associations registered with the City of Little Rods were notified of the public hearing. D. ENGINEERING COMMENTS: No comments. E. UTILITIES/FIRE DEPARTMENTIPARKSICOUNTY PLANNING: Little Rock Water Reclamation Authoritv: No comments. Enter9v: No comments received. Summit Utilities: No comments AT & T: No comments received. Central Arkansas Water. No comments. Fire Department: Need Life Safety Inspection. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Buildina Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: No comments. H. ANALYSIS: The applicant is requesting a special use permit to allow for a group home facility to be operated in the existing single-family residence zoned R-2. The proposed group home will have a maximum of five (5) disabled residents at any given time. 2 June 13, 2024 ITEM NO.: 19 Cont. _ FILE NO.: Z-9887-A The site is located in the Garrett Glen Addition Subdivision and contains 3,530 square foot, one-story, four -bedroom single-family residence. The Land Use Plan shows Residential Low Density (RL) for the requested area. Surrounding the application area is fully developed single-family subdivision. The total square footage for each bedroom is approximately 225 square feet with one resident per bedroom. Staff presence is provided in rotating 8-12-hour shifts. At least one staff but no more than two will be present if any resident is present. The property has a two -car garage with enough space for two additional vehicles. Due to parking limitations on this property the applicant has implemented measures to ensure that no more than three (3) vehicle driving individuals will be allowed to occupy this residence at any given time. No signage beyond that allowed in single-family and two-family zones will be permitted. The applicant notes that Pulaski County Public Records yielded no bill of assurance for this property. Section 36-54(e)(4) of the City's Zoning Ordinance provides the following provisions for Group Home 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. (c) Issues that the planning commission will consider during its review of a family care facility, group care facility, group home, parolee or probationer M June 13, 2024 ITEM NO.: 19 (Cont.1 _ _ FILE NO.: Z-9887-A 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-siteparking. (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. 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 this residence occupied by five (5) persons is 550 square feet. As noted earlier the residence is 3,530 square feet in total area. To staffs knowledge there are no other similar living facilities within a 1,500-foot radius. 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 applicant provided a statement demonstrating compliance with this section of the code as only one (1) person will occupy each bedroom. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. June 13, 2024 ITEM NO.: 19 Cont.) _ FILE NO.: Z-9887-A STAFF RECOMMENDATION: Staff recommends approval of the Special Use Permit request, subject to compliance with comments and conditions noted in paragraph E and the staff analysis of the agenda staff report. PLANNING COMMISSION ACTION: (JUNE 13, 2024) The applicant was present. The application came off consent agenda. Staff presented the item and a recommendation of approval as outlined in the "staff analysis" above. There were three persons registered in opposition. Carla Smith, Jason Burk and Justin Moore spoke about concerns of noise, parking issues, safety issues and litter. After considerable discussion there was a motion to approve the application. There was a second. The vote was 9 ayes, 1 nay and 1 absent. The motion passed. 5 Department of Planning and Development Planning 723 West Markham Street Little Rock, Arkansas 72201-1334 Development Phone: (501)371-4790 Fax: (501)371-4546 Building Codes July 31, 2024 AEDD Brandon Hartsell 105 E. Roosevelt Road Little Rock, AR 72206 Re: Appeal of Planning Commission's Action File No. Z-9887-A Title: Community Living #8 Group Home — Special Use Permit 2211 Westport Loop Dear Mr. Hartsell: Please be advised that the Planning Commission's approval of the above referenced application has been appealed to the City Board of Directors. The public hearing date for the appeal will be September 3, 2024, at 6:00 pm. The meeting will be held in City Hall, 500 W. Markham Street, Little Rock, AR 72201 (2°d Floor, Board Room). If you have any questions regarding this matter, please call me at (501) 371-4792. Sincerely, Monte Moore Development Administrator Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501)371-4790 Fax: (501)371-4546 July 31, 2024 Steven Cone 2219 Westport Loop Little Rock, AR 72212 Re: File No. Z-9887-A Appeal of Planning Commission's Action Title: Community Living #8 Group Home — Special Use Permit 2211 Westport Loop Dear Mr. Cone: Planning Development Building Codes Please accept this letter in reference to your requested appeal of the Planning Commission's action in approving a Special Use Permit for the above referenced application. The public hearing date for your appeal will be September 3, 2024, at 6:00 pm. The meeting will be held in City Hall, 500 W. Markham Street, Little Rock, AR 72201 (2"d Floor, Board Room). If you have any questions regarding this matter, please call our staff at (501) 371-4790. Sincerely, Monte Moore Development Administrator Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501)371-4790 Fax: (501)371-4546 July 31, 2024 Jason Burk 2215 Westport Loop Little Rock, AR 72212 Re: File No. Z-9887-A Appeal of Planning Commission's Action Title: Community Living #8 Group Home — Special Use Permit 2211 Westport Loop Dear Mr. Burk: Planning Development Building Codes Please accept this letter in reference to your requested appeal of the Planning Commission's action in approving a Special Use Permit for the above referenced application. The public hearing date for your appeal will be September 3, 2024, at 6:00 pm. The meeting will be held in City Hall, 500 W. Markham Street, Little Rock, AR 72201 (2nd Floor, Board Room). If you have any questions regarding this matter, please call our staff at (501) 371-4790. Sincerely, Monte Moore Development Administrator Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501)371-4790 Fax: (501)371-4546 July 31, 2024 Carla Smith 2209 Westport Loop Little Rock, AR 72212 Re: File No. Z-9887-A Appeal of Planning Commission's Action Title: Community Living #8 Group Home — Special Use Permit 2211 Westport Loop Dear Ms. Smith: Planning Development Building Codes Please accept this letter in reference to your requested appeal of the Planning Commission's action in approving a Special Use Permit for the above referenced application. The public hearing date for your appeal will be September 3, 2024, at 6:00 pm. The meeting will be held in City Hall, 500 W. Markham Street, Little Rock, AR 72201 (2"d Floor, Board Room). If you have any questions regarding this matter, please call our staff at (501) 371-4790. Sincerely, Monte Moore Development Administrator