RES 2004-0567 - SUP to allow group care facility in CC district at 101 N 39th St (not adopted) 5,
extoLt t ", I( Pq l 00
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Omaha City Planning Department For Office Up Onl
APPLICATION Date Filed / / (I
1&.1 Fee$ .S G -(1 C
ZONING Receipt# f(-- t--0
Case#
( ) Rezoning from to ( ) Conditional Use Permit
(X) Special Use Permit ( ) Site Plan Review ( ) Other
1
Property Owner New fil°pe Fellowl,.ip "3 ow? S. 4't'6" Ave. (,S[0!G SS3-7363,
(Name) (Address) (Zip) (Phone)
444- 762,5
Applicant ��t 'l MYatic'ster Same 7o--4lzz
(Name) (Address) (Zip) (Phone-day time)
Representative Wa 1kI F(4-lle'tLasP 4 Doyle 4 Y0.46"n
(Firm Name) (Address) (Zip) (Phone)
Contact Person 1-611,n C."-tl2nkct-ntp
General Location/Address ( ° I. N . - Sfre,e_-1-
Legal Description Lots I4-; I ' j /(o ar' scenf Park. A etc(rf r'6•1
Proposed use type &M? C.,ttre- F (i lY Existing Use De519h F3us;'tess/1 es fde"- 4/
(See Article 3 of zoning code)
Building and Parking Information Landscaping Information
a. Total site area 1!o,3c16 sq. ft. j. Total area of street yard 3000 sq.ft.
b. Building coverage 3 0 4-7 sq.ft. k. Street yard landscaped area 3600 sq.ft. '
c. Building coverage (b-a) • 10 5$3S % I. Street yard landscaped area (k+j) /00 0/0
d. Maximum building height 3 , ft. m. Parking lot area 38Z2 sq.ft.
e. Total floor area a bove 5racle 4 S set- sq.ft. n. Interior parking lot landscaping Zo sq.ft.
f. Floor Area Ratio (e_a) •2 R,4' o. Interior lot landscaping (n-m) •00 52
g. Total paved area 40 Z sq. ft. Residential Uses Only
h. Impervious coverage (b+g_a) •0`131? % p. Number of units
i. Number of parking stalls for multi-family:#of efficienciesot
Q0°`''� T of-4 /
Number of compact stalls NA- Do`i�ry #$beds z s = lb 2 0
Number of handicapped stalls I s e4r'o') S 11 #t beds 3 2. = 1£ /3¢d.5
#1 bedweeas 4 1 = `/
q. Density (a_p)
NA unit
r. Total floor area of any incidental
2o ice •r commercial use SO sq.ft.
If you have any questions about this application form, please contact the Current Planning Division
at 444-5200.
q - -t ) 1
Owner's Signature Owner/Applicant Signature
(If not the property owner,the applicant certifies with this signature
to be the authorized agent of the property owner.)
! — !2-- 0 4— 141A1ee.,.M ma's l lrster- New tfop€Fe((o h;
Date Submitted (Print or Type name of Applicant)
(1/98)
,2/04 08:45 KATHLEEN MCCALLISTER 4 402 444 6140 /� / N0.012 D02
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,An ra%Arne t LjscotiQAitgalaiu.rt
NAME: Illew Hope Fellowahlp
AODReSS: 101 North 39th Street
aIg611o..Do.,gleq County
i LECAL.I
t.ula H.is sled 14.Owl hesi.,slsa al Ow Tlo„1..eef torn°,or I,ot 161 man..adert ( 3.1S IeCt:fhgnee Noes 7 1/�
foot Iran°°W ,l 1=3•1s feel'libelist Ileum 7 1/2 C°al,w nil veins q!b •
Clty of 000o•u,u.9ue,.eped,pinaud a,.d.ce..,Jo2en(tents.
ssinnin C►saeenr reek.sq Additto..to the
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DATE: January 12.2000
FOOT.de; 1, 1h4 Report Is o r•pPesentutiou of the conditions that were
found at the limo of Um improvement location survey Ind that
eho document dace not constitute a boundary sorvoy and Is
subject to any Ineecu,aeles that e subbegllent boundary survey
may disclose. This Report should toot be used to ostabllsh any
fence. ateooture. er caber Improvoenene/. This Report shows
tncasoramonts.tPmt lire bused on 'lilt or aloud inlormatioa and
voritlec 9c shown ono eels &sport repro/wilcoonly visible Cosugpotly Po°el Number
building improvel.+entP• 9157i100300
2. Setback and Siaoyard moa irsments See within 04 ft,a
3. No Flood Plato Influence out Wis lot, hop weeis,M February eI
tit' 90650 0-8
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The applicant desires to convert an existing commercial business interior design
n_
office/personal residence to-reSidential
who would reside in the home for women's
six to twelve months home f during-which time hich the or up to twenty n
women would receive on site counseling for drug and alcohol dependency issues
and improve life skills while working and paying rent in the residence. -
The home would employ state licensed and certified mental health and drug
counselors (Certified Drug &Alcohol Counselor-CDAC, Certified Provisional Drug
&Alcohol Counselor-CPDAC, Licensed Mental Health Professional-LMHP) who
would provide individual and group counseling sessions from 8:00 a.m. to
approximately 8:00 p.m. The facility will be a home to the women and thus will
be in use as a home 24 hours a day 7 days a week with normal living activities
occurring in the home. A staff member will be on site at all times 24/7 to
oversee the activities in the home.
There will be no alcohol or drug detoxification done in this home, and all
residents must provide certified proof of sobriety upon entrance into the home
following rigorous pre-screening.
The women living in the home will be employed and paying rent to the applicant
during their 6-month to 1-year stay in the home. There will be no visitors
allowed in the home during the workweek, as the women living in the home will
have in-house counseling programs to attend in the evenings. Limited family
visits will be allowed for women on the weekends only, and those will be
scheduled for drop off and pick up during very limited hours and only for a few
women at a time as specified by the program counselors.
The opening of this home will alleviate some of the seriously long waits for
residential programs of this nature as identified by Region VI and Douglas
County Drug Court (a minimum of 35 beds are needed daily in excess of
availability with up to a 6 month waiting period). Women will be referred to the
home through local agencies and through Region VI, Douglas County Drug Court
and will be available to the public.
The building as it exists provides eight bedrooms and six bathrooms and will
easily accommodate the applicant's needs.
I
The women residingliving
in the home will not while in the home be allowed
wed to
drive their own vehicles and will use public transportation only. The only
requirements for parking will be those for the four staff alone. The site provides
a 3-car garage and parking for seven additional vehicles comfortably.
There will be an annual summer picnic to which family, friends and neighbors
will be invited, and at which all staff and board members will be present.
egh, VI I .
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EXHIBIT "B"
Page 1 of 1
Condition(s):
1) Providing a minimum often(10)on-site parking stalls or receive a Zoning Board of Appeals
waiver.
2) Compliance with the site and operating plans.
3) Applicant agrees to participate in a rezoning of the property to a residential classification at
such time as a down zoning plan is proposed and implemented for the Joslyn Castle
neighborhood.
4) That the applicant requests a waiver of the spacing requirement from the Zoning Board of
Appeals.
P:\PLN2\10422pjm.doc
c-25a CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska May 11 , 2004
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,Section 55-884 of the Omaha Municipal Code,provides for the granting
of a Special Use Permit; and,
WHEREAS,an application has been submitted by Kathleen McCallister for a Special
Use Permit to allow a Group.Care Facility in a CC-Community Commercial District,located at 101
North 39th Street, Omaha,Nebraska; and,
WHEREAS,the City Planning Board has recommended that said permit be granted
pursuant to the application,a copy of which is attached hereto as Exhibit"A"and made a part hereof
by this reference,and the conditions set out in Exhibit"B"attached hereto and made a part hereof by
this reference.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, the Special Use Permit application submitted by Kathleen McCallister for
permission to allow a Group Care Facility in a CC-Community Commercial District,located at 101
North 39`h Street,Omaha,Nebraska,is hereby approved and the Permits and Inspection Division is
directed to issue the necessary permit therefor,provided the conditions set out in Exhibit"A"of the
above referenced application, conditions set out in Exhibit "B", and all applicable local or state
statutes, ordinances or regulations are complied with.
BE IT FURTHER RESOLVED:
THAT,the proposed Special Use Permit has been reviewed and evaluated pursuant
to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code.
APPROV D AS TO F :
—7., CITY ATTORNEY DATE
P:\PLN2\10421pjm.doc
1414194•
By
Councilmember
MAY 2 5..2004.. `. o.�..il1DlJ � //'d �� `,,,," � 4
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City Clerk / c51 �/� � ��r9/�G��
as
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Mayor
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"NOTICE •
,PUBLIC" THE DAILY RECORD
"NOTICE OF HEARING
FOR A SPECIAL
USE PERMIT TO ALLOW A
GROUP CARE FACILITY; H/�
OF OM/�
IN A CC-COMMUNITY,.COMMERCIAL iyi1�11r>•
DISTRICT,LOCATED'•T,';0 fi ifF TH
3imistR '`�"" . RONALD A. HENNINGSEN, Publisher
App g ss i > cCailist t PROOF OF PUBLICATION
requesting issuaric`:',• c���"- la �s-rpeimit
to allow a group ca ='•aci i `(a;
Community Commercia t t boated at
101 North 39th Sheet I ly desj r ed as: UNITED STATES OF AMERICA,
tots 14, 15,16,Cresce'f Park Addition. The State Of Nebraska
A copy of said plan Is available for public ' SS.
inspection in the City Clerks Office. District of Nebraska,
Public Hearing will be held before the City Countyof Douglas,
Council of the City of Omaha, in the Legisla- Ou g
tive Chambers,Omaha/Douglas Civic Ce nter, City of Omaha,
1819 Farnam Street, on May 25,2004 at
2:00 p.m. BUSTER BROWN, LYNDA K.HENNINGSEN
City Clerk
5-14-04 - being duly sworn,deposes and says that she is
ASSOCIATE PUBLISHER
of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
published daily in the English language, having a bona fide paid
circulation in Douglas County in excess of 300 copies, printed in
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
May 14, 2004
Th. , paper during that time was regularly published and
• ezfil n in the Count of Doug tate of Nebraska.
�Q;a GEEtq.•• <(,A
ubsc 'bed in my presence and sw to before
1isker,' rogioN$ 2- 0 me this 14th .ay of
EXPIRES
Adk tional Copies $: i 20 04
t S `;ti'VTq C:) 0 .//
O, ' Q� Notary Publi f: :Fa-County,
F 1•4 f Nebraska
�aaauC c� 4024576057 02/27/04 12:08pm P. 001
RECEIVED
0 FEB 27 PM 2: 29
FaX
OEM CITY CLERK
AHA, NEBRASKA
U4, From:76t4. '1_ Ah-Za /1.5 I'6 93d
Pax: i/.</i/-5 63 Pages: .3
'Phone ate:.. � �_epi
Re: CC:
El Urgent D Far Review 0 Pia Comment ❑Please Reply 0 Please Recycle
TO C•I
ALL CM'S
DIST.#1
DIST.#2
DIST.#3
DIST.#4
DIST.#5
DIST.#6
DIST.#7
CH.OF STAFF
STAFF ! a
CITY CLERK
LOBBYIST
FEB 27 '04
a ,V
TIME
Hallberg 4024876057 02/27/04 12:08pm P. 002
4000./•••\iiic
oxford Houses
of
Nebraska
.Recovery,✓R.esponslblllty.
And.R.epllcatlon
February 26, 2004
City of Omaha Planning Department
1819 Farnam.St.
Omaha,NE 68183-1100
RE: NEW HOPE
101 N. 391 St.
Dear Board Members,
As an Outreach Worker for Oxford Houses of Nebraska, I am acutely aware of the desperate
need for more residential treatment beds for women in the Omaha area.
Oxford Houses are self-run by the individuals residing in them. There are no staff members
residing in the homes. Although we have the capacity to serve 70 women in the Omaha area, we
are not equipped to provide the structure that many women require when coming out of detox or
28-day treatment.
Consequently, due to the lack of available residential
s dential treatment beds in Omaha, scores of women
seeking treatment over the last few months have been denied the opportunity for recovery.
Unfortunately, a number of them will return to using drugs and alcohol, and may never again
reach a point in their lives where they want, and are in a position to access, recovery.
I am aware that the federal Fair Housing Act does not pre-empt local zoning laws. However,
according to a joint statement issued by the United States Justice Department and the Department
of Housing and Urban Development,the Act applies to"municipalities and other local
government entities, and prohibits them from making zoning or land use decisions or
implementing land use policies that exclude or otherwise discriminate against protected
persons, including persons with disabilities."
The joint statement further states:
"The Fair Housing Act...does not pre-empt local land use and zoning laws. This is an area
where state law typically gives local government primary power. However, if that power
PO Box 31724.
Omaha,NE 681.31-0724
Hallberg 4024E76057 02/27/04 12:08pm P. 002
is exercised in a specific instance in a way that is inconsistent with a federal law such as
the Fair Housing Act, the federal law will control."
The Joint Statement also addresses state and local governments, which have enacted laws
requiring that group homes be a certain minimum distance from one another. It states.
"The Department of.Justice and HUD take the position, and most courts that have
addressed the issue agree, that density restrictions are generally inconsistent with the
Fair Housing Act."
I believe that the neighborhood opposition to another group home in the area is due, in
part,to the social stigma associated with addiction. However, it is my understanding that
you would be in violation of the federal Fair Housing Act if you block the special use
permit or deny a reasonable requested accommodation, "in response to neighbors'
stereotypical fears or prejudices about persons with disabilities. This is so even if the
individual government decision-makers are not themselves personally prejudiced against
persons with disabilities. If the evidence shows that the decision-makers were
responding to the wishes of their constituents, and that the constituents were
motivated in substantial part by discriminatory concerns,that could be enough to
prove a violation."
The Joint Statement, in its entirety, can be accessed via the Department of Justice web
site at www.usdoj_gov/crt/housing/final8 I.htm
I urge you to read the entire document, and to consider the thousands of tax dollars that
would be wasted in litigating a case that you would most likely lose_ There are also
possible compensatory damages to consider if intentional discrimination can be proved.
If City Officials intend to bow to their constituents in this matter, I suggest that you
consider bowing to the hundreds of residents living in the area who are productive
members of the recovery community, rather than just the few who arc members of the
Neighborhood Associations. You'll not only save the taxpayers' money, you will most
likely save lives!
Cc: Omaha City Council
Sincerely,
Kirstin.Hallberg
Outreach Coordinator
Nebraska Oxford Houses
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ALL CM'S
' — DIST.11
r• DIST.#2
DIST.#3
FREDERICK S.CASSMASST 1ST.#5#4 ABRAHAMS JAMES M.PFEFFER
HOWARD J. KASLOW Erg r ED JEFFREY J. BLUMEL
FRANK E PosPISHIL DIST.176 KASLOW iYS
DIST.#7 KIM M.ARGO
RONALD K.PARSONAc H OF STAFF CASSMAN {� MARK A.WILLIAMS
UIIN W. HERDYINAS fry 58 TYLER P. MCLEOD
HARVEY B. COOPER CITY CLERK f AT T O R N E y S A!Q•i l' 2� • JOSEPH T.BRECKENRIDGE
RAND.ALI.C. HANSON LOBBYIST ♦ C3�t {n r-• Fr NICHOLAS T. DAFNE'
R. CRAIG FRY ,`j' t�l.trtt�, - JAMES A.TEWS
�1 t �,
Tlslo'rltY M. KENNY i '�. ��
ERIC H. LINDQUIST MAY 208`04 WEST DODGE ROAD. SUITE 300 • OMAHA.Q' K 6$1 71-'3419 MILTON R.ABRAHAMS
SANDRA L. MAASS (402) 392-1250 • FAX:(402)392-0816 1905-2000
rllo..IAs J. MAI.ICKI www.akclaw.com
AARON D.WEINER BEN E. KASLOW
MARL ON M. LOFGREN TIME May 18, 2004 1907-1993
Ms. Maggie Jones -
432 North 38th Street
Omaha, NE 68131
Re: Section 55-764 Municipal Code of Omaha
Dear Maggie:
At your request, we have reviewed the question whether Sec 55-764 of the Municipal
Code of Omaha, as it relates to the separation of group care facilities, is invalidated by the
provisions of the Fair Housing Amendment Act of 1988. The case of Familystyle of St. Paul, Inc.
v. City of St. Paul Minnesota, 923 F.2d 91 (8t1i Cir. 1991), is the governing authority on this
issue for cases arising within the states comprising the Eighth Circuit, including Nebraska.
In Familystyle, the Court determined that the denied renewal of special use permits by
the St. Paul City Council did not violate the Fair Housing Act by discriminating against the
mentally ill, and that state and municipal dispersal requirements for group homes did not result in
disparate impact on and discriminatory treatment of the mentally ill. In that case, both state law
and the St. Paul zoning code required community residential facilities for the mentally impaired
to be located at lease a quarter of a mile apart. In upholding the state and city requirements as not
being invalidated by the Fair Housing Amendment Act of 1988, the Court stated:
"The quarter-mile spacing requirement guarantees that residential services in
treatment facilities will. in fact be "in the community," rather than in
neighborhoods completely made up of group homes that re-create an institutional
environment—a setting for which Familystyle argues. We cannot agree that
Congress intended the Fair Housing Amendments Act of 1988 to contribute to the
segregation of the mentally ill from the mainstream of our society. The challenged
state laws and city ordinance do not affect or prohibit a retarded or mentally ill
person form purchasing renting. or occupying a private residence or dwelling."
finding that the requirements did not result in a disparate C g� q impact on and discriminatory I
treatment of the mentally ill, the Court further stated:
OMAHA AFFILIATE OF III MERITAS LAW FIRMS WORLDWIDE /
•
•
•
ABRAHAMS KASLOW & CASSMAN LLP
Ms. Maggie Jones 2
May 18, 2004
"The state's group home dispersal requirements are designed to ensure that
mentally handicapped persons needing residential treatment will not be forced
into enclaves of treatment facilities that would replicate and thus perpetuate the
isolation resulting from institutionalization. We are not persuaded that any intent
to discriminate against the handicapped lies beneath the surface of the state and
local dispersal requirements and the purposes of deinstitutionalization. We have
been given no reason to believe that Familystyle is incapable of dispersing its
group homes and integrating its clients into the community."
As we indicated above, this case, as decided by the Eighth Circuit Court of Appeals, is
the governing law for this state and should be followed until its overruled or otherwise
distinguished by the Court.
Yours trul
Frank F. Pospishil
For the Firm
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6r1 „.kt� Office of the Mayor
g.z irei tiJ''«'t , 1819 Farnam Street,Suite 300
FTAI.[2 � rv� ° Omaha,Nebraska 68183-0300
(402)444-5000
°4'''TFD FEB�°r.� FAX:(402)444-6059
i,
City of Omaha
Mike Fahey,Mayor
May 21, 2004
Omaha City Council
Omaha/Douglas Civic Center
Omaha, Nebraska
Honorable President and Members of the City Council:
I am opposed to a special use permit that would allow the Havens Mansion, 101 N. 39th _
Street, to be used as a group home. I have no objection to the goals of the nonprofit
organization requesting the permit, and have'high regard for Commissioner Kathleen.
McCallister. I do not believe, however, that it is the right time or place to locate yet
another group care facility in this neighborhood.
A concern about the prevalence and concentration of such homes in neighborhoods was.a
common observation during the recently completed Destination Midtown study. In
numerous public meetings, residents identified zoning and special permitting issues that
have now resulted in problems for the neighborhoods. In coming months, we will be
working to help address these issues with the Destination Midtown coalition.
In the meantime, however, additional concerns have arisen about the city's ability to
enforce a current city ordinance merely regulating the spacing of these facilities. It is this
issue that I have asked law and planning to research, pursue and challenge if necessary.
Furthermore, I have asked law to begin drafting possible legislation for next year's state
legislative session that would require state notification to city and neighborhood officials
regarding the licensing of these facilities, which can currently happen with no public
knowledge or input from local officials. I recently met with State officials and expressed
my frustration with this process and my desire to correct it.
Omaha City Council
May 21, 2004
Page Two
We are making tremendous progress in Omaha's neighborhoods. We need to strike a
better balance, however, between a desirable social service and creating compatibility
with the neighborhoods.
Sincerely,
rYl�
Mike Fahey, Mayor
City of Omaha
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