HomeMy WebLinkAboutZ-7620-1 Staff AnalysisApril 28, 2005
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FILE NO.: Z-7
Owner: Bubar Family Care Facility —
Special Use Permit
Location: 3712 High Drive
Applicant: Dennis Bubar
Proposal: A Special Use Permit is requested to allow for
the operation of a Family Care Facility on the
R-4 zoned property located at 3712 High Drive.
A. Public Notification:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the South End, MILK and
South End Neighborhood Developers Neighborhood Associations were
notified of the public hearing.
B. Staff Analysis:
Dennis Bubar, owner of the single family residence located at 3712 High
Drive, is requesting a special use permit to allow for the operation of a
Family Care Facility at that address. All of the adjacent properties are
zoned R-4, with the exception of the lot immediately to the north which is
zoned 1-3, and is undeveloped. There is additional 1-3 zoned property
further to the north and east, with PR zoning further west and south.
There are single family residences located to the north, south and east.
The property is occupied by a one-story brick and frame single family
residence, with four (4) bedrooms. The applicant is requesting a special
use permit in order to provide a residence for four (4) to six (6) individuals
who have a mental disability and may also have a substance abuse
problem. The residents are involved in a program, where treatment and
services are provided by Gain, Inc. A letter provided by Gain, Inc. notes
that they have "determined that these individuals are stable and able to
live in the community." The goal in housing is to have the client be as
independent as possible, without putting themselves at risk for
destabilization, and a housing situation that is more structural and
supportive provides them this opportunity." Copies of the letters
submitted by Dennis Bubar and Dr. Les Smith, Medical Director of Gain,
Inc., are attached for Planning Commission review.
April 28, 2005
ITEM NO.. A (Cont. FILE NO.- Z-7620
The City of Little Rock Zoning Ordinance defines a Family Care Facility as
follows:
"Family care facility means a facility which provides resident
service in a family -like environment to six (6) or fewer
individuals and not more than two (2) staff personnel. These
individuals require a minimal level of supervision and are
provided service and supervision in accordance with their
individual needs."
Section 36-54(a) of the Zoning Ordinance provides the purpose of
requiring a Special Use Permit for this type of use, as follows:
"General purpose. The purpose of this section is to provide
a method of control over certain types of land uses which,
while not requiring the full review process of the conditional
use permits, do require some review procedure which allows
for determination of their appropriateness within the
neighborhood for which they are proposed and for public
comment."
Section 36-54(e)(2) of the Zoning Ordinance establishes the site and
location criteria for Family Care Facilities as follows:
a. This use may be located only in a single family home.
b. Medical or counseling needs must be provided off -site.
c. No physical changes in the residence are permitted which would
provide other than sleeping accommodations.
d. Drives and parking shall not exceed that required by ordinance for
a single-family residence.
e. This use shall not be permitted to run with the title to the land and
not be transferable.
f. The number and spacing of existing similar facilities in the
neighborhood.
g. Existing zoning and land use patterns.
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April 28, 2005
ITEM NO.: A (Cont_) FILE NO.: Z-7620
h. Area wide availability of facilities providing like services.
Provision for readily accessible public or quasi -public
transportation.
The following additional site and location criteria was approved by the
Planning Commission on February 12, 2004 and the Board of Directors on
March 16, 2004:
"The Fire Marshall must approve use of the residence for the
proposed family care facility."
To staff's knowledge, there have been no special use permits issued for
other Family Care Facilities in this neighborhood. Additionally, staff knows
of no facilities providing this type of resident care in the immediate area.
The site is located near CATA Bus Route #11 (M. L. King, Jr. Route),
which runs south along M. L. King Drive to Vilest 34th Street.
The applicant submitted a copy of the Bill of Assurance for this
neighborhood as part of the application process. The Bill of Assurance
was recorded in 1955 and appears to still be in effect. It contains the
following language:
"(1) LAND USE AND BUILDING TYPE. No lot shall
be used except for residential purposes. No building
shall be erected, altered, placed or permitted to remain
on any lot other than one detached single family dwelling
not to exceed 2 stories in height and a private garage or
carport for not more than two cars."
Staff believes the proposal to be reasonable and supports the applicant's
request for a special use permit. Subject to compliance with the site and
location criteria, as noted above, Staff does not believe the level of activity
generated by a Family Care Facility at this location would have any
negative impact on the neighborhood. Special Use Permits are not
transferable in any manner. Permits cannot be transferred from owner to
owner, location to location or use to use.
C. SUBDIVISION COMMITTEE COMMENT: (APRIL 15, 2004)
Dennis Bubar was present, representing the application. Staff briefly
described the proposed family care facility.
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April 28, 2005
NO.: A (Cont.
FILE NO.: Z-7620
Dennis Bubar explained that the individuals who will live in the residence
have mental disabilities, and some may also have drug or alcohol abuse
problems. He noted that they do not have physical disabilities. In
response to a question from staff, he noted that there would be no
physical changes to the residence. Mr. Bubar also noted that none of the
clients owned vehicles, therefore no additional parking was needed.
Mr. Bubar explained that the individuals who live on the site will be picked
up by Gain, Inc. each day between 8:00 and 8:30 a.m., and returned to
the residence between 3:00 and 5:00 p.m. He noted that counseling and
treatment services are provided at the Gain, Inc. offices. He also noted
that a doctor or counselor employed by Gain, Inc. will stop by the
residence each day to inspect the premises. In response to a question
from the Committee, Mr. Bubar noted that a few of the residents might
have a part-time job.
After the discussion, the Committee forwarded the application to the full
Commission for final action.
D. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a Family
Care Facility at 3712 High Drive, subject to the following conditions:
1. Compliance with the site and location criteria established in Section
36-54(e)(2).
2. Compliance with the additional site and location criteria as approved
by the Planning Commission on February 12, 2004 and the Board of
Directors on March 16, 2004.
3. There is to be no signage beyond that permitted in single family zones.
4. The Special Use Permit will be for Dennis Bubar only, and will not be
transferable in any manner.
PLANNING COMMISSION ACTION: (MAY 6, 2004)
Cindy Dawson, City Attorney, informed the Commission that the application
needed to be deferred to the June 17, 2004 agenda to allow staff time to
research the Fair Housing Act with respect to this application. There were
several persons present in opposition. They were informed of the deferral date.
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April 28, 2005
ITEM NO.: A (Co
FILE NO.: Z-7620
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the June 17, 2004 agenda. A motion to that
effect was made. The motion passed by a vote of 11 ayes and 0 nays. The
application was deferred.
PLANNING COMMISSION ACTION:
(JUNE 17, 2004)
Staff informed the Commission that the City Attorney's Office had requested to
defer the application to the July 29, 2004 agenda to allow additional time to
research the Fair Housing Act with respect to this application.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the July 29, 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.
PLANNING COMMISSION ACTION: (JULY 29, 2004)
Staff informed the Commission that the City Attorney's Office had requested to
defer the application to the September 9, 2004 agenda to allow additional time to
research the Fair Housing Act with respect to this application.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the September 9, 2004 agenda. A motion to that
effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent.
The application was deferred.
PLANNING COMMISSION ACTION:
(SEPTEMBER 9, 2004)
Staff informed the Commission that the City Attorney's Office requested the
application be deferred to the October 21, 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 October 21, 2004 Agenda. A motion to that
effect was made. The motion passed by a vote of 7 ayes, 0 nays and 4 absent.
The application was deferred.
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.
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April 28, 2005
ITEM NO.: A (Cont
FILE NO.: Z-7620
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)
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 8 ayes, 0 nays and 3
absent. The application was deferred.
STAFF -UPDATE -
The Task Force has completed its work and proposed ordinance changes have
been forwarded to the Planning Commission. Staff recommends that the item be
deferred to the March 17, 2005 Agenda.
PLANNING COMMISSION ACTION:
(FEBRUARY 3, 2005)
Staff recommended that the application be deferred to be March 17, 2005
Agenda to allow time for proposed ordinance changes to be reviewed.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the March 17, 2005 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.
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April 28, 2005
ITEM NO.: A Cont.) FILE NO.: Z-7620
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)
Staff recommended that the application be deferred to the April 28, 2005 Agenda
to allow time for proposed ordinance changes to be reviewed.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the April 28, 2005 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 UPDA
The applicant, Dennis Bubar, informed staff on March 23, 2005 that he wished to
withdraw the application, as the property is no longer being used as a family care
facility. Staff supports the withdrawal request.
PLANNING COMMISSION ACTION: (APRIL 28, 2005)
Staff noted that the applicant, Dennis Bubar, informed staff on March 23, 2005
that he wished to withdraw the application, as the property is no longer being
used as a family care facility.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for withdrawal. A motion to that effect was made. The motion
passed by a vote of 10 ayes, 0 nays and 1 absent. The application was
withdrawn.
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