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