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HomeMy WebLinkAboutZ-7726-2 Staff AnalysisJanuary 19, 2006 ITEM NO.: B FILE NO.: Z-7726 NAME: Victory Outreach Church Group Home — Special Use Permit LOCATION: 3401 West 121h Street OWNER/APPLICANT: Victory Outreach Church/Deverick Green PROPOSAL: A special use permit is requested to allow use of the existing duplex on this R-4 zoned lot as a group home facility for up to 11 men and an on -site manager. 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: 3401 West 12th Street is located at the southwest corner of West 121h and Martin Streets. There is a one-story frame duplex structure located on the property. There is a two -car wide driveway from Martin Street which serves as access. A small storage shed is located in the rear yard. There is a partially paved alley along the rear (south) property line. The general area contains a mixture of zoning and uses. There are residential structures located immediately west and south of the site, with commercial zoned property at the intersection of West 12th and Valmar Streets. Residential structures are also located across West 12th Street to the north. There is a church facility located across Martin Street to the east. The applicant, Victory Outreach Church, proposes to utilize the existing duplex structure as a group home. The residential facility will house participants in a substance abuse program. The duplex contains a three - bedroom unit which will house eleven (11) men. The second unit has two (2) bedrooms and will be for the program director/manager. The applicant notes that all classes and counseling will take place at the Victory January 19, 2006 ITEM NO.: B (Cont.) FILE NO.: Z-7726 Outreach Church and not at this location. A copy of the facility's rules and responsibilities is attached for Planning Commission review. The applicant also notes that the program's participants will work off -site. The participants will work at the church's car wash or other businesses in the city. The program will provide transportation for the residents. The residents will not be allowed to have a vehicle. 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. The applicant notes that the program's van and the director's vehicle will be the only vehicles on the site. The existing driveway from Martin Street will allow sufficient parking space. The applicant also notes that no additional lighting or fencing will be placed on the site. There is an existing fence along the rear (south) property line. 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 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: 2 January 19, 2006 ITEM NO.: B (Cont.) FILE NO.: Z-7726 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 two (2) 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 11 th Street. Staff has made numerous attempts to contact the applicant to obtain information regarding the area of the dwelling units and the individual bedrooms. The applicant has not returned staffs calls as of this writing. Staff needs this additional information to determine if the proposed group home conforms to Sections 8-406(a) and 8-406(b) of the City's Buildings and Building Regulation Ordinance. Therefore, Staff will recommend this application be deferred. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 30, 2004) The applicant, Deverick Green, was present. Staff presented the item and requested additional information, including: greater details on the 3 January 19, 2006 ITEM NO.: B (Cont.) FILE NO.: Z-7726 living arrangement (number of people per unit and number of bedrooms); a copy of the residents' rules; a transportation plan; whether occupation will work off site; a parking plan; whether any other activities will occur on the site such as classes or considering sessions; site lighting and fencing. Staff requested greater information on the nature of the occupants. Staff informed the Committee meet the item needed to be deferred to the December 16, 2004 meeting 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 the application be deferred to the January 19, 2006 Planning Commission agenda. 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. 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 proposed ordinance changes, is not complete. This item needs to be deferral 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. 0 January 19, 2006 ITEM NO.: B (Cont. FILE NO.: Z-7726 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. 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 is 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. 5 January 19, 2006 ITEM NO.: B Cont. FILE NO.: Z-7726 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 issues. The matter was most recently discussed at the Commission's May 19, 2005 informal meeting. Unresolved issues remain. Staff believes it is appropriate to defer this application to the July 21, 2005 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. [01 January 19, 2006 ITEM NO.: B (Cont.) FILE NO.: Z-7726 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. 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 UPDATE: 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 ACTION: (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 7 January 19, 2006 ITEM NO.: B (Cont.) FILE NO.:_Z-7726 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 contact staff with needed additional information. 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. PLANNING COMMISSION ACTION: (JANUARY 19, 2006) Staff informed the Commission that the applicant notified staff by phone and requested the application be withdrawn, noting they no longer occupied the property. Staff supported the withdrawal request. The item was placed on the Consent Agenda and withdrawn. The vote was 10 ayes, 0 nays and 1 absent. P