DATE: April 2, 2001

TO: Planning Commission

FROM: Oscar Graham, Planner
Community Development Department

FILE NO: USE2001-00010 – Allowable Use

PROPOSAL: An Application for an Allowable Use Permit for the conversion of an existing structure to a group home to house not more than 9 clients.

GENERAL INFORMATION

Applicant: Cooper Consulting Engineers

Property Owner: Delores Reina

Property Address: 306 W. 8th Street

Legal Description: Casey Shattuck BL 202 L 9 FR & 10

Parcel Code Number: 1-C06-0-C02-007-0

Site Size: 7026 Square Feet

Zoning: D-18 - Residential

Utilities: CBJ Water and Sewer Services

Access: West 8th Street

Existing Land Use: Vacant Residential Structure

Surrounding Land Use: North – Residential

South – Residential

East - Residential

West - Residential

PROJECT DESCRIPTION

The subject proposal is to convert an existing residential structure to a group home for housing not more than 9 clients. The proposal will provide residential services to clients (primarily elderly) including a safe environment, 24 hour monitoring, daily meals, assistance with daily living activities, personal assistance, supervision of self administered medication, recreational activities, transportation and social and medical referrals.

The structure has been vacant for approximately two years. The structure was previously utilized as a half way house by the Juneau Alliance for the Mentally Ill (JAMI). Under JAMI the facility served ten clients. The proposed group home will provide services for five to nine clients. The initial operation will serve five clients with future expansion as the facility is remodeled to accommodate physical requirements of the additional clients.

BACKGROUND

While the proposal is defined broadly under Section 49.80 as a group home, review of specific use definitions under this section identifies the proposal as a handicapped or infirm home as follows:

"A single family dwelling providing residential area but no significant medical treatment for at least six but not more than nine persons who are physically or mentally handicapped or infirm, together with not more than two persons providing care or assistance to such persons, all living together as a single housekeeping unit."

Based on the above definition handicapped or infirm homes housing less than 6 clients are permitted outright in the D-18 Zone. Such facilities housing from 6 to 9 clients require an Allowable Use Permit, and such uses housing more that 9 clients require consideration as a handicapped or infirm institution requiring a Conditional Use Permit pursuant to the use description included under 7.200 of the Table of Permissible Uses.

Analysis

Project Site – The subject property is a residential lot of approximately 7,026 square feet. Access to a parking area with a capacity for four vehicles is provided off of West 8th Street. The subject and adjacent properties are zoned for multifamily uses ranging from 10 to eighteen units per acre.

Project Design – The project is designed to utilize an existing 2 story residential structure. The footprint and shape of the structure will be maintained. Conversion of the structure for the proposed use will require removal of accessibility barriers.

Traffic – Clients utilizing the proposed facility are not anticipated to have vehicles on the site. Transportation needs will be addressed primarily through use of the Care-A-Van transportation service.

Parking and Circulation – As described above, the facility will include four off-street parking spaces for Care-A-Van loading and unloading, staff and visitors. Section 49.40.210 of the zoning ordinance specifies the minimum parking space requirement for group homes of 1 space per 3 roomers. Based on a maximum number of nine clients the minimum parking space requirement is met. While staff (1 or not more than 2 on site at one time) and Care-A Van service will require parking the absence of client based vehicles suggest that four spaces will be adequate for the proposed level of vehicular use.

Noise – The proposed use is residential in nature and is not anticipated to generate a level of noise that would adversely impact neighboring properties.

Vegetative Cover – Section 49.50.200 requires a minimum percentage of vegetative cover for the multi-family residential district to be maintained at 30% of the lot. Based on staff inspection of the property conducted on April 2, 2001, we have concluded that the subject proposal exceeds with the minimum standard.

Juneau Coastal Management Program - The proposed development was reviewed for compliance with CBJ 49.70.900, the Juneau Coastal Management Program. The analysis reveals that provisions of the program do not apply to the proposal.

FINDINGS

CBJ 49.15.320 (e), Decision, states that the Planning Commission shall consider the allowable use permit application and shall review the Community Development Director's recommendation with respect to:

1. Whether the application is complete;

2. Whether the requested permit is appropriate according to the Table of Permissible Uses;

3. Whether the development as proposed will comply with the other requirements of this chapter; and,

4. Whether conditions are necessary for approval.

The commission shall approve the application and grant the permit unless it finds, by a preponderance of the evidence, that one or more of the criteria have not been met. In either case, the commission shall adopt written findings setting forth the basis for its decision. 

Per CBJ 49.15.320 (e)(1 thru 4), Decision, the director makes the following findings on the criteria for granting the requested allowable use approval:

  • 1. Is the application for the requested allowable use permit complete?

    Yes. We find the application contains the information necessary to conduct a full review of the proposed operations. The application submittal by the applicant, including the appropriate fees, substantially conform to the requirements of CBJ code Chapters 49.15.

    2. Is the requested permit appropriate according to the Table of Permissible Uses?

    Yes. The requested permit is appropriate according to the Table of Permissible Uses. The permit is listed at CBJ 49.25.300, Section 10.210 for the industrial zoning district.

    1. Will the proposed development comply with the other requirements of this chapter?
  • Yes. The proposed development complies with the other requirements of this chapter. Notice was provided in the Juneau Empire under Your Municipality which ran on March 27, 2000.A public notice sign was posted on the site at least 14 days prior to the meeting and notice was mailed to owners of record of all property within 500 feet of the subject property.

    4. Are conditions necessary for approval of the requested allowable use permit?

    Yes. Based on the preceding staff analysis, it is found that conditions are necessary for approval of the requested permit. The conditions are listed in the following recommendation.

  • RECOMMENDATION

    We recommend that the Planning Commission adopt the director's findings and grant the requested Allowable Use permit. The permit would allow the utilization of an existing residential structure as a group home. The recommendation for approval is subject to the following conditions:

    1. Development Schedule – All activities required to expand the use of the facility to provide care for nine clients shall be substantially completed within five years from the date of approval of this Allowable Use Permit.

    2. Use – Use of the proposed facility shall be restricted to not more than 9 clients. Subsequent proposals to provide service for more than 9 clients shall be subject to approval of a conditional use permit.  

    3. The applicant shall obtain a building permit for any work requiring a permit as determined by the CBJ Building Division before commencing said work. Multiple building permits may be required and issued to meet the applicant’s phasing requirements to fully convert to a nine client facility. The completed facility shall meet the minimum applicable standards of the Americans with Disabilities Act (ADA).

     

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