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Home My WebLink AboutZ-10228 Staff Report 022426 (HOLD)ITEM NO.: 3 FILE NO.: Z-10228 NAME: CKM Group Home – Special Use Permit LOCATION: 15 Brookhaven Drive OWNER/AGENT: Carl Caple (Agent) 5 Country Oaks Drive Little Rock, AR 72223 CKM Holdings, LLC (owner) AREA: .24 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 4 CURRENT ZONING: R-2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a special use permit to allow for a group home to operate within an existing two-story 2,312 square-foot, four (4) bedroom, single-family residence. The home, located at 15 Brookhaven Drive, will contain a maximum of five (5) disabled men at any given time. B. EXISTING CONDITIONS: The site sits on the corner of Brooklawn Drive and Brookhaven Drive. Brooklawn Drive is a Cul De Sac. The proposed site resides within a residential neighborhood consisting of single-family residences. The Future Land Use shows Residential Low Density, “RL”. The current zoning is R-2. C. NEIGHBORHOOD NOTIFICATIONS: 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 (PLANNING DIVISION): Provide complete Site Plan for staffs review comments below are based on aerial view provided. ADA Access shall be shown to the Right-of-Way. Handicap Parking shall include one van stall 11ft wide with a 5ft minimum aisle. Proposal of use will require a change for ADA to meet max feasibility, when you apply for a building permit this will be commented on. May be subject to building permit for further review. Contact Planning and Development Dept., Engineering Division at 501-371-4817 or at 501-918-5348 for inspections of any work in the public right-of-way prior to placement of concrete or asphalt or for on-site clarification of requirements prior to commencing work. Failure to do so can result in removal of any improperly placed concrete or asphalt at the expense of the owner or contractor. Hauling of cut and/or fill material on or off project sites over municipal streets require approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway 501-379-1800 with any questions or for more information. Damage to public and private property due to hauling operations or operations of construction related equipment from a construction site shall be repaired by the responsible party prior to the issuance of a certificate of occupancy. ENGINEERING COMMENTS (PUBLIC WORKS): No Comments. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments. Entergy: No comments received. Summit Utilities: No comments. AT & T: No comments received. Central Arkansas Water: No comments. Fire Department: No Comments. F. BUILDING CODES/LANDSCAPE: Building Codes: 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 to operate within an existing two-story 2,312 square foot, four (4) bedroom, single-family residence. The home, located at 15 Brookhaven Drive, will contain a maximum of five (5) disabled men at any given time. The site sits on the corner of Brooklawn Drive and Brookhaven Drive. Brooklawn Drive is a Cul De Sac. The proposed site resides within a residential neighborhood consisting of single-family residences. The Future Land Use shows Residential Low Density, “RL”. The current zoning is R-2. Section 36-54(e)(4) of the City’s Zoning Ordinance provides the following provisions for Family Care Facilities, as adopted by the Board of Directors on September 6, 2005: Family care facility, group care facility, group home, parolee or probationer housing facility, rooming, lodging and boarding facility. 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. 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. 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: Spacing of existing similar facilities. Existing zoning and land use patterns. The maximum number of individuals proposed to be served, the number of employees proposed and the type of services being proposed. The need and provision for readily accessible public or quasi-public transportation. Access to needed support services such as social services agencies, employment agencies and medical service providers. Availability of adequate on-site parking. 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. 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. To staff’s knowledge, there are no other transitional residential facilities located within 1,500 feet of the property. 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 a residence occupied by six (6) persons is 650 square feet. As noted, the residence contains 2,312 square feet in area. 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 there are four bedrooms capable of housing a total of six (6) persons. The first bedroom is one hundred thirty-three (133) square feet, the second is one hundred (100) square feet, the third is one hundred (184) square feet, and the fourth is one hundred fifteen (115) square feet. The home will have one staff member that will live in the home. Staff at Magnolia Recovery Community is available by phone Monday through Sunday at any given time and is immediately available between 7:00 am and 7:00 pm Monday through Friday, and on Saturdays from 8:00 am until 12:00 pm. The home has a four-car driveway and a two-car garage. Most of the residents drive. For any resident that is not driving, they will carpool with the residents who drive or utilize public transportation via Rock Region Metro’s Bus Route #12287 located at W. Markham Street and Fairbrook Drive. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. I. STAFF RECOMMENDATION: Staff recommends approval of the proposed conditional use permit, subject to compliance with the comments and conditions outlined in paragraph D, and the staff analysis, of the agenda staff report. PLANNING COMMISSION ACTION: (DECEMBER 11, 2025) The applicant was present. There were (8) persons registered in opposition. The item was taken off the Consent Agenda and opened for discussion. The applicant asked to defer their item until the February 12, 2026 agenda. There was a motion to approve the request. There was a second. The vote was (9) ayes, (0) noes and (2) open positions. The motion passed. The application was deferred until the February 12, 2026 Planning Commission agenda. STAFF UPDATE: Since the December Planning Commission meeting, it has been brought to Staff’s attention that three (3) of the residents at this location are registered sex offenders. Staff has reviewed the State of Arkansas records and confirmed that as fact, and it has also been confirmed by the applicant. Although Staff has no issues with a group home for five (5) disabled persons being operated at this location, Staff has health, safety and welfare concerns with several registered sex offenders residing within this single proposed group home. Based on Staff’s health, safety, and welfare concern, Staff will retract the recommendation of approval, so that the Planning Commission can discuss Staff’s concern.