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HomeMy WebLinkAboutZ-7725-2 Staff AnalysisMarch 2, 2006 ITEM NO.: A FILE NO.: Z-7725 NAME: Black Community Developers Group Home — Special Use Permit LOCATION: 4017/4019 West 121h Street OWNER/APPLICANT: Black Community Developers, Inc. PROPOSAL: A special use permit is requested to allow use of the existing duplex on this R-4 zoned lot as group home for up to 12 women; 6 per unit. A. Public Works Comments: No Comments. B_ Public Notification: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Forest Hills, Hope, Pine to Woodrow and Stephens Area Faith Neighborhood Associations were notified of the public hearing. C. Staff Analysis: 4017 West 12th Street is located on the south side of West 12th Street, between Elm and Cedar Streets. The property contains a one-story rock and frame duplex structure. There is a paved alley along the rear (south) property line. A one-story frame storage/carport structure is located in the rear yard along the paved alley. The general area contains a mixture of zoning and uses. Residential structures are located across the alley to the south. There is a residential structure and a church located immediately east. A commercial zoned property is located immediately west, with residences further west across Elm Street. There is a mixture of commercial and office uses across West 12th Street to the north. The applicant, Black Community Developers, Inc., proposes to utilize the existing duplex structure as a group home. The residential facility will house participants in a substance abuse program. Each of the duplex units has three (3) bedrooms. Up to six (6) adult women will reside in each unit. The applicant notes that the participants are recovering from substance abuse and have completed the first intensive 30-day phase of treatment. There will be a senior client who will serve as a liaison between the staff of the treatment program and the residents. The March 2, 2006 ITEM NO.: A(Cont.)FILE NO.- Z-7725 applicant notes that there will be no classes or counseling services provided on site. A copy of the center's client handbook has been provided and is attached for Commission Review. The applicant also notes that the participants in the program will work off -site. None of the participants will have automobiles. The program will provide transportation until the resident is capable of securing a bus pass or make other arrangements for transportation to work. The site is located on CATA Bus Route #3 (Baptist Medical Center Route), which runs from Downtown Little Rock to the 1-430/Shackleford Road intersection. Only minor repairs will be made to the existing residential structure. The applicant notes that the facility will meet the requirements of the State of Arkansas Department of Human Services Division of Alcohol, Drug and Substance Abuse Services. There is an entry light for each duplex, and existing street lights along West 12th Street. The applicant is proposing no additional lighting. There is also a standard chain link fence around the perimeter of the property. There is no additional fencing proposed. As noted previously, none of the clients will have their own vehicles. Therefore, no additional parking is proposed. A small area of parking exists off the alley (existing carport structure), which should be sufficient for a facility van or other similar vehicles. 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: (4) 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 K March 2, 2006 ITEM NO.: A (Cont. FILE NO.: Z-7725 or 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 board 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. According to a an area survey, there is one (1) other similar use and three (3) other types of residential facilities within 1,500 feet of the property. Will's House, a residential facility for recovery -drug abusers is located at 1200 S. Valentine Street. The Missionaries of Charity House (a residential facility for up to 11 homeless women) is located at 1002 S. Oak Street. The Florence Crittenton Home (for up to 9 adolescents) is located at 3600 West 11th Street. Elm Street Community facility (for low income and handicapped persons) is located at West 17th and Elm Streets. To staffs knowledge, there are no outstanding issues associated with this application. Staff believes this proposed group home facility will operate in conformance with the provisions of Section 36-54 of the Zoning Ordinance. The site is located on West 12th Street, which is classified as 3 March 2, 2006 ITEM NO.: A (Cont. FILE NO.: Z-7725 a minor arterial by the City's Master Street Plan. As noted previously, the site is located on a major CATA bus route. The applicant submitted a copy of the Bill of Assurance, which was recorded in 1869 and is not legible. The Bill of Assurance likely included no use issues. Additionally, the proposed group home facility will conform with Sections 8-406(a) (minimum area per dwelling unit) and 8-406(b) (minimum area per bedroom) of the City's Buildings and Building Regulations Ordinance. The dwelling units will total 900 square feet and 912 square feet. The bedrooms range in size from 132 square feet to 240 square feet. Staff believes the proposed group home will have no adverse impact on the general area. D. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 30, 2004) Don Wilson was present, representing the applicant. Staff presented the item and requested additional information, including: a copy of the bill of assurance; if there is to be an on -site manager; if other activities are to occur on the site such as classes or counseling sessions; a copy of the residents' rules; a parking plan; fencing; site lighting; a transportation plan; and whether occupants will work off site. Staff requested more information on the nature of the occupants. Staff informed the Committee that the item needed to be deferred to the December 16, 2004 since the task force which is currently studying the issue of transitional housing has not yet completed its work. The applicant was advised to respond to staff issues by October 6, 2004. The Committee then forwarded the item to the full Commission. After the Subdivision Committee meeting the applicant provided staff with the additional information as requested. E. Staff Recommendation: Staff recommends approval �f the special use permit to allow a group home at 4017/4019 West 12 Street, subject to the following conditions: 1. Compliance with the ordinance requirements as found in Section 36-54(e)(4) of the City's Zoning Ordinance. 2. The group home is to have a maximum of 12 residents, six (6) per dwelling unit. PLANNING COMMISSION ACTION- (OCTOBER 21, 2004) Staff recommended to the Commission that the application be deferred to the December 16, 2004 Agenda, in order for the Transitional Housing Task Force to complete its work. 0 March 2, 2006 ITEM NO.: A Cont. FILE NO.: Z-7725 The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the December 16, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The application was deferred. STAFF REPORT: The work of the Transitional Housing Task Force, including proposing Ordinance changes, is not complete. This item needs to be deferred to the February 3, 2005 agenda to allow that process to continue. PLANNING COMMISSION ACTION- (DECEMBER 16, 2004) The applicant was not present. There were no registered objectors present. Staff recommended that the item be deferred to the February 3, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the February 3, 2005 meeting by a vote of 8 ayes, 0 noes and 3 absent. STAFF UPDATE: The Task Force has completed its work and proposed ordinance changes have been forwarded to the Planning Commission. This application will be amended to a Special Use Permit to comply with the ordinance changes. Staff recommends that the item be deferred to the March 17, 2005 Agenda. PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005) The applicant was not present. There -were no registered objectors present. Staff recommended that the item be deferred to the March 17, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the March 17, 2005 meeting by a vote of 9 ayes, 0 noes and 2 absent. 5 March 2, 2006 ITEM NO.: A Cont. FILE NO.: Z-7725 STAFF UPDATE: The Task Force which had been studying the issue of transitional housing facilities in the City of Little Rock forwarded its recommendations in the form of suggested Ordinance amendments to the Planning Commission. The Commission reviewed the issue at its February 3, 2005 meeting. The Commission was divided in its opinion of the proposed amendments. The Board of Directors has not yet reviewed or acted on the suggested changes. It is the opinion of Staff and the City Attorney's office that the application should be deferred again. Staff recommends that the item be deferred to the next regularly scheduled Commission hearing, which is on April 28, 2005. PLANNING COMMISSION ACTION: ' (MARCH 17, 2005) The applicant was not present. There were no objectors present. Staff recommended that the item be deferred to the April 28, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the April 28, 2005 meeting by a vote of 9 ayes, 0 noes and 2 absent. STAFF RECOMMENDATION: Staff recommends that the item be deferred to the June 9, 2005 agenda to allow further review of the issue of Transitional Housing. PLANNING COMMISSION ACTION: (APRIL 28, 2005) The applicant was not present. There were no objectors present. Staff recommended that the item be deferred to the June 9, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the June 9, 2005 meeting by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: The Planning Commission has continued to study the issue of Transitional Housing and related issue. The matter was most recently discussed at the 9 March 2, 2006 ITEM NO.: A Cont. FILE NO.: Z-7725 Commission's May 19, 2005 informal meeting. Unresolved issues remain. Staff believes it is appropriate to defer this application to the July 21 Commission meeting as the ordinance review process continues. PLANNING COMMISSION ACTION: (JUNE 9, 2005) The applicant was not present. There were no objectors present. Staff recommended that the item be deferred to the July 21, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the July 21, 2005 meeting by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: Proposed ordinance amendments related to group homes and other transitional living facilities are a separate item on the July 21, 2005 Agenda. As the proposed amendments will directly affect this proposal, staff believes it is appropriate to defer this item to the September 1, 2005 Agenda. PLANNING COMMISSION ACTION: (JULY 21, 2005) The applicants were not present. There were no objectors present. Staff presented the item and recommended that the item be deferred to the September 1, 2005 agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to September 1, 2005 with a vote of 11 ayes, 0 noes and 0 absent. STAFF UPDATE: On July 21, 2005, the Commission voted to recommend approval of the Ordinance Amendments. The amendments were scheduled for the Board of Directors' September 6, 2005 Agenda. If the amendments are adopted, this application will be amended to a special use permit. The item needs to be deferred to the Commission's October 13, 2005 agenda to allow time for the Board to act on the proposed amendments. 7 March 2, 2006 ITEM NO.: A Cont. FILE NO.: Z-7725 PLANNING COMMISSION ACTION: (SEPTEMBER 1, 2005) The applicants were not present. There were no objectors present. Staff presented the item and recommended that the item be deferred to the October 13, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to October 13, 2005 with a vote of 11 ayes, 0 noes and 0 absent. STAFF UPDAT Staff is in the process of reviewing this Special Use Permit as per the new ordinance requirements passed by the Board of Directors for Group Home facilities on September 6, 2005. The applicant has not yet mailed the required notices to surrounding property owners. Therefore, staff recommends this application be deferred for one (1) additional cycle to allow time for the staff review and the applicant to obtain an abstract list and notify surrounding property owners. Staff recommends the item be deferred to the December 1, 2005 Agenda. PLANNING COMMISSION ACTIONS (OCTOBER 13, 2005) Staff recommended this item be deferred to the December 1, 2005 Agenda to allow the applicant additional time to send the required notices to surrounding property owners and to allow staff time to review the application based on the new ordinance standards for Group Home type uses. The item was placed on the Consent Agenda and deferred. The vote was 11 ayes and 0 nays. PLANNING COMMISSION ACTION: (DECEMBER 1, 2005) Staff informed the Commission that the applicant failed to complete the required notification of surrounding property owners. Staff recommended the application be deferred to the January 19, 2006 Agenda. The item was placed on the Consent Agenda and deferred to the January 19, 2006 Agenda. The vote was 10 ayes, 0 nays and 1 absent. E:3 March 2, 2006 ITEM NO.: A Cont_ FILE NO.: Z-7725 PLANNING COMMISSION ACTION: (JANUARY 19, 2006) Staff informed the Commission that the applicant failed to complete the required notification of surrounding property owners. Staff recommended the application be deferred to the March 2, 2006 Agenda. The item was placed on the Consent Agenda and deferred to the March 2, 2006 Agenda. The vote was 10 ayes, 0 nays and 1 absent. PLANNING COMMISSION ACTION: (MARCH 2, 2006) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 10 ayes, 0 nays and 1 absent. E