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RES 2022-0335 - Special Use Permit - John Faulkner - Small group living in R7 District, 3423 Cuming StreetExhibit “B” Conditions: 1. Submittal of and compliance with a revised site plan that has addresses the issues described in the recommendation report prior to forwarding the request to the City Council. 2. Compliance with the approved operations plan. 3. Compliance with all other applicable regulations. March 2, 2022 Pln0491lgb MB City of Omaha Planning Department 1819 Farnam Street Suite 1100 Omaha, NE 68183 402-444-5150 Planning.CityofOmaha.org I. GENERAL INFORMATION: Purpose: To approve a Special Use Permit to allow a Small Group Living (disabled) facility to be located within 600 feet of another Small Group Living use. Existing Use(s): Residential Existing Zoning: R7 Adjacent Land Use(s): Adjacent Zoning: North: Residential North: R4-*LL South: Residential South: R3 East: Residential East: R7 West: Residential West: R7 Future Land Use Designation(s): Transit Oriented Development Applicable Regulations: If approved, the properties will be subject to the conditions of the approved Special Use Permit, the regulations of the R7 District, and all other applicable zoning regulations No building permits will be issued based on a site plan that does not comply with the provisions of the Zoning Ordinance. II. SPECIAL INFORMATION: Site Characteristics: The site is comprised of one lot (Lot 2 Block 6, Lowes 2nd Addition) and consists of a total of approximately 6,970 square feet. The property is currently developed with a 2-story small group living home with a garage and gravel parking area on the south end of the property. Development Proposal: The applicant is proposing to continue to operate a Small Group Living (disabled) facility (Solutions Sober Living) that provides services in programming for those suffering with substance abuse. The facility has a program capacity of eight residents. Staffing consists of one live in manager, one director and one overnight manager. No additions or expansions of the structure are proposed. There is a 758 square foot area that is being proposed to be paved for a parking area. Land Use and Planning: Solutions Sober Living has been operating at the subject site since August 2018. The Nebraska Department of Health and Human Services has recently required that group homes confirm zoning compliance in order to receive state funding. Date: February 23, 2022 Case Number(s): C8-22-070 Applicant: John Faulkner Request: Approval of a Special Use Permit to allow Small group living (disabled) in the R7-Medium-Density Multiple-Family Residential District and within 600 feet of another group living facility Location: 3423 Cuming Street Case Number: C8-22-070 Page 2 MB The applicant has indicated that there are two existing small group living home that are located at 3514 Burt Street and 3513 Burt Street, which is within 600 feet of the subject site. Section 55-763(d)(1) of the City Code indicates that a Small Group Living use may be located within said 600 feet of another Small Group Living use, subject to approval of a Special Use Permit. Therefore, this request of approval of a Special Use Permit is to allow a Small Group Living (disabled) facility to be located within 600 feet of another Small Group Living use in order for the current operation to be considered conforming. The applicant has indicated that staff members and tenants can bring a vehicle to the property and that visitors are not allowed at the facility. Residential uses, including Small Group Living (disabled) facilities, can be considered appropriate if approved as a Special Use in compliance with Chapter 55-885 of the Omaha Municipal Code. Site Development Regulations: Section 55-246 of the Omaha Municipal Code states that the maximum allowed impervious coverage on the property is 70 percent. It does not appear that the proposed site plan would be in compliance with this requirement. An updated site plan must be submitted in compliance with this requirement prior to forwarding the request to City Council. Parking: Section 55-734 requires that Small Group Living (disabled) facilities provide one off-street parking space per two residents. Solutions Sober Living has the capacity of eight residents; therefore, four parking spaces are required for the facility. A revised site plan providing the required parking stalls must be submitted in prior to forwarding the request to City Council. The two spaces that are provided in the garage would count towards the required parking spaces. Parking is not permitted on a gravel surface. It also does not appear that an ADA accessible parking space is being provided on the site plan. This space will need to be provided and depicted in a revised site plan prior to forwarding this request to City Council. Landscaping: Parking must comply with landscaping standards outlined in Section 55- 740(f) which requires 10’ perimeter landscaping where adjacent to residential districts. Small Group Living Uses: Pursuant to Omaha Municipal Code Chapter 55- 763(d), a small group living use is subject to the following conditions (with staff comments for this review included in italics): 1. Separation. The distance between a small group living use and any previously existing small group living use or large group living use shall be at least 600 feet, measured between nearest lot lines. However, a small group living use may be located within said 600 feet, subject to approval of a special use permit (Based on the information provided, there are two other small group living facilities located within 600 feet of the proposed use. This Special Use Permit Case Number: C8-22-070 Page 3 MB is necessary for the proposed small group living use to operate within 600 feet of another small group living use.) 2. Any application for special use permit for a small group living use must include the following information: a. The maximum number of individuals that it is contemplated will be residing at the small group living use. (No more than 8 residents are proposed.) b. Square feet of bedroom space provided per resident. (The applicant has indicated that the smallest square feet of bedroom space provided for the clients is 123 square feet.) c. Name and addresses of organizations expected to be operating the use. (Application materials identify Solutions Sober Living as the operating entity.) d. A description of services provided to residents. (The submitted operation plan identifies all anticipated services provided by the facility.) e. The maximum number of staff anticipated. (The submitted operation plan identifies the expected number and type of staff in the facility.) f. The number of non-residents expected to visit the facility, and their length of stay. (The submitted operation plan indicates that no visitors are allowed on the site.) g. All copies of licenses or application for licenses needed to operate the use. (The applicant indicated that a professional license would not be required for any of the services provided.) h. Certifications, credentials, accreditations, or similar acknowledgements awarded to the organization expected to be operating the use. (Provided.) i. The name, address, and contact information of a designated contact person for the use. (A name, address, and contact information have been provided as a part of application materials.) j. A map showing the location of any signage associated with the use. (No signage is proposed as a part of this request.) k. The location of any existing small group living uses located within 600 feet of the location. (3514 Burt Street and 3513 Burt Street) Case Number: C8-22-070 Page 4 MB III. ANALYSIS: Conditionally, the proposed Small Group Living (disabled) facility complies with the requirements of the zoning ordinance and the goals and objectives of the Omaha Master Plan. The applicant must work with the planning staff on submission of a revised site plan in compliance with code requirements including four off-street parking stalls. While another small group living facility has been identified within 600 feet of this facility, this use will continue to bring much needed social services to a marginalized and at-risk population of the community. The proposed Special Use Permit is appropriate. IV. RECOMMENDATION: Approval of the Special Use Permit to allow Small Group Living (disabled) in the R7District, subject to meeting the following conditions: 1. Submittal of and compliance with a revised site plan that has addresses the issues described in the recommendation report prior to forwarding the request to the City Council. 2. Compliance with the approved operations plan. 3. Compliance with all other applicable regulations. V. ATTACHMENTS: Site Plan Operations Plan Case Number: C8-22-070 Page 5 MB 55-885 Project Review Date: February 23,2022 Case Number: C8-22-070 Project Name: Sober Living Solutions Location: 3423 Cuming Street Zoning: R7 Site Plan Review Conditional Use Special Use Reviewed By: MB CRITERIA GUIDELINES COMMENTS: 1. Land Use Compatibility: a. Development Density Site area per unit, Floor Area Ratio, and/or Intensity Rating should be similar to surrounding uses if not separated by major manmade or natural features. Existing. 2. Height and Scale: a. Height and Bulk Development should minimize differences in height and building size from surrounding structures. Substantial differences must be justified by urban design considerations. Existing. b. Setbacks Development should respect pre- existing setback lines in surrounding areas. Variations must be justified by significant site features or operating characteristics. Existing. c. Building Coverage When possible, building coverage should be similar to that displayed in surrounding areas. Higher coverage should be mitigated by landscaping or other site amenities. Existing. 3. Site Development: a. Frontage Generally, a project’s frontage along a street or private way should be similar to its lot width. Acceptable. b. Parking/ Internal Circulation 1. Parking and circulation should serve all structures with minimal vehicular and pedestrian conflicts. 2. All structures must be readily accessible to public safety vehicles. 3. Development must have access to adjacent public streets or private ways. Internal circulation should distribute traffic to minimize congestion at access points. The site plan must be revised to comply with code requirements including the number of off-street parking stalls. As proposed, the plan does not comply. c. Landscaping Landscaped areas should be planned as an integral part of the development, providing street landscaping and buffering, and dividing otherwise unbroken paved Acceptable. Case Number: C8-22-070 Page 6 MB areas. Parts of a site with steep slopes, wooded areas, and natural drainage ways should be preserved. 4. Building Design: Architectural design and building materials should be compatible with surrounding areas if located adjacent to landmark districts or in highly visible locations. Existing. No changes to the structure are proposed. 5. Operating Characteristics: a. Traffic Capacity Projects should not materially reduce the exiting level of service on adjacent streets. Projects will be required to make street improvements and/or dedicated right-of-way to mitigate negative effects. The use will not reduce the existing level of service on adjacent streets. b. External Traffic Effects Project design should direct non- residential traffic away from residential areas. Existing. c. External Effects Projects with long operating hours must minimize effects on surrounding residential areas. The vast majority of activity associated with the use is located inside the building. External effects of the use should be minimal and similar to neighboring and existing residential uses. d. Outside Storage If permitted, outside storage areas must be screened from adjacent streets and less intensive zoning districts and uses. Outdoor storage is not permitted or proposed as a part of this request. 6. Public Facilities a. Sewage Disposal Development within 500 feet of a public sanitary sewer must connect to the public sewer system. If permitted, individual systems must not adversely affect public health, safety, or welfare. The site is serviced by adequate public sanitary sewer. b. Sanitary Sewer Capacity Sanitary sewer must have adequate capacity to serve development. The site is serviced by adequate public sanitary sewer. c. Storm Water Management 1. Development design should handle storm water without overloading or substantially diminishing capacity of public storm sewer system. 2. Development should not inhibit development of other properties. 3. Development should not increase probability of erosion, flooding, landslides, or other endangerment to surrounding properties. All storm water management ordinances and policies must be continually maintained. d. Utilities Project must provide evidence of utility service to the site. Property is served by City of Omaha utilities. 7. Comprehensive Plan Case Number: C8-22-070 Page 7 MB Projects should be consistent with the comprehensive plan of the City of Omaha and should minimize adverse economic effects on surrounding properties. The proposed use is appropriate in the Transit Oriented Development land use designation if approved as a Special Use in compliance with Chapter 55-885 of the Omaha Municipal Code. SUBJECT AREA IS SHADED - MARCH 2022 R3 R7 R7 R4-*LL R3 Cumi ng S t Burt St N 3 5th S t ±0 200 Feet 22CASE:C8-22-070APPLICANT:John FaulknerREQUEST:Approval of a Special Use Permit to allow Small group living (disabled) inthe R7 District and within 600 feet of another group living facilityLOCATION:3423 Cuming Street