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HomeMy WebLinkAboutBOD Staff ReportOFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION SEPTEMBER 3, 2024 AGENDA Subject Resolution rescinding the Planning Commission's action in approving a Special Use Permit to allow a group home at 2211 Westport Loop (Z-9887-A). Submitted by: Department of Planning and Development SYNOPSIS FISCAL IMPACT RECOMMENDATION BACKGROUND Action Required Ordinance Resolution Approval Information Report Approved By Emily Cox Interim City Manager Jason Burk, Carla Smith and Steve Cone are appealing the Planning Commission's action in approving a Special Use Permit to allow a group home on the R-2 zoned property at 2211 Westport Loop. I None Denial of the Resolution, Approval of the Special Use Permit. Jason Burk, Carla Smith and Steven Cone are appealing the Planning Commission's approval of a Special Use Permit to allow a group home at 2211 Westport Loop. Arkansas Enterprises for the Developmentally Disabled, Inc. 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. BACKGROUND CONTINUED 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 2 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-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. BACKGROUND CONTINUED 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. On June 13, 2024, the Planning Commission voted 9 ayes, 1 nay and 1 absent, to approve the Special Use Permit. There were three (3) objectors present. All owners of property located within 300 feet of the site and all neighborhood associations registered with The City of Little Rock were notified of the public hearing. Please see the attached Planning Commission minute record for the complete staff analysis. 4 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RESOLUTION NO. A RESOLUTION RESCINDING THE LITTLE ROCK PLANNING COMMISSION'S ACTION IN APPROVING A SPECIAL USE PERMIT TO ALLOW A GROUP HOME ON THE R-2 ZONED PROPERTY LOCATED AT 2211 WESTPORT LOOP (Z-9887-A). WHEREAS, an application was filed by Arkansas Enterprises for the Developmentally Disabled, Inc. with the Little Rock Planning Commission for a special use permit to allow for a group home on the R-2 zoned property located at 2211 Westport Loop; and WHEREAS, the Little Rock Planning Commission, at its June 13, 2024 meeting, approved the Special Use Permit application with a vote of 9 ayes, 1 nay and 1 absent; and WHEREAS, the Little Rock Board of Directors has determined that action to be inappropriate. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. The action of the Little Rock Planning Commission in approving a special use permit to allow a group home on the R-2 zoned property located at 2211 Westport Loop is hereby rescinded. SECTION 2. Said Special Use Permit is hereby denied. SECTION 3. This resolution shall be in full force and effect from and after its adoption. I PASSED: 2 3 ATTEST: 4 5 6 APPROVED: 7 City Clerk Mayor APPROVED AS TO FORM: 10 11 12 13 City Attorney 14 H 15 H 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 CURRENT ZONING VARIANCEIWAIVERS: NUMBER OF LOTS: 1 PLANNING DISTRICT: 19 R-2 None requested. A. PROPOSAL/REQUEST/APPLICANT'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. FILE NO.: Z-9887-A (Cont.) C. NEIGHBORHOOD COMMENTS: All owners of property located within 300 feet of the site and all neighborhood associations registered with the City of Little Rock were notified of the public hearing. D. ENGINEERING COMMENTS: No comments. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation ALIthority: No comments. Entergy: 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: Building 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. 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 2 FILE NO.: Z-9887-A (Cont.) 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 housing facility, or rooming, lodging and boarding facility include, but are not limited to: 1. Spacing of existing similar facilities. 3 FILE NO.: Z-9887-A (Cont. 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. 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 staff's 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. 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. 4 ILE NO.: Z-9887-A (Cont. 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