An Ordinance by Zoning Committee granting a Special Use Permit for a personal care home pursuant to 16-06A.005(l)(g), for property located at 1529 Lakewood Avenue, S.E.
FINDINGS OF FACT:
Property location: The subject property fronts 50 feet on the west side of Lakewood Avenue, S.E. and begins 166 feet from the intersection of Anne Street, S.E., and Lakewood Avenue, S.E. in Land Lot 57 of the 14th District, Fulton County, Georgia within the South Atlanta Neighborhood of NPU-Y in Council District l.
Property size and physical features: The subject property is approximately 0.2009 acres in land size and is developed with a one-story single family residential structure. The lot topography slopes slightly toward a northeast direction. There are a few of trees in the front and back yard of the property.
CDP land use map designation: The subject property has a Single Family Residential land use designation within the Comprehensive Development Plan (CDP).
Current/past use of property: The subject property has been of residential use. Staff is unaware of any other uses of the property.
Surrounding zoningnand uses: The subject property is surrounded by the properties zoned R-4A (Single Family Residential) with a Single Family Residential land use designation on the north and south side and 0-1-C (Office-Institutional-Conditional) with a Mixed Use land
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use designation on the west sidc and 1-2 (Heavy Industrial) with a Bligh Density Residential land use designation on the cast side.
'l'ransportation system: The subject property is located along Lakewood Avenue, which is classificd as a major arterial road. MARTA provides service via bus roulc #155 (Windsor Strect/Lakcwood) to the immediate area along Lakewood Avenue. A bus stop is located directly across the street from the subject property.
The applicant is requesting to operate a 7-bedroom personal care home for seniors ranging in age from 65 to 100 years old. The applicant proposes to operate a home for 8 clients in an existing 2,5 17 sq. ft. single family structure. The proposed personal carc home would be in operation 24 hours per day, 7 days per week.
Ingress and egress: Vehicles, emergency vehicles, and pedestrians will access the property using the existing 15 feet wide driveway from Lakewood Avenue. The driveway is shared with an adjacent property
Parking and loading: Employees and visitors will use the single driveway for on-site parking on the existing subject lot. Loading and delivery vehicles will have access using the same driveway.
Refuse and service areas: Refuse will be handled through city services and receptacles. The applicant has not proposed changes to the property.
e Buffering and screening: The applicant has indicated that there are no changes proposed to the subject property for buffering and screening and 'necessary' measures has been taken to prevent any light fixtures to be installed directly or in the manner that causes any discomfort to the neighbors.
- Hours and manner of operation: The applicant has indicated the facility would be in operation 24 hours, 7 days per week Sunday through Saturday for the residents. The facility would provide services for up to 8 clients, ages 65 to 100 with a total of 7 bedrooms. The applicant has specified there will be breakfast, lunch, and dinner served at the facility and there will be 2 employees on any given day working at the facility.
- Duration: The applicant is requesting a permanent duration.
- Tree Preservation and replacement: The applicant has indicated that there are no changes proposed for the subject property involving tree removal.
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- Ingress and egress: Based on thc surveys/sitc plans submitted by the applicant and an onsitc rcvicw conducted by staff, lhcrc is onc 15 feet widc and slightly steep drivcway which is used for three parking spaces. This driveway is also shared by thc adjacent property. The existing ingress and egress, which also functions as Ihrcc parking spaces and shared driveway, does not ensure automotive and pedestrian safety and avoid traffic congestion. More specifically, since the applicant intends to operate an elderly personal care home on the property, the nature of service may require free mobility of emergency vehicles. Therefore, Staff is of the opinion that the applicant has not met ingress and egress requirements.
- Off-street parking and loading: The parking requirements for personal care homes are not specifically listed in the R-4A (Single Family Residential) District regulations. Therefore, all other uses "not listed" specifically in the ordinance are required to have one parking space per 300 sq. ft. of floor area. As per the survey site plan, the Lotal floor area for living quarters is 2,517 square feet. Therefore, this location would require 9 parking spaces to accommodate the 2,517 sq. ft. facility. The site has one driveway which can accommodate 3 cars and one emergency vchiclc parking spacc tn thc rear. The driveway is shared with the adjacent property. All employees, clients, visitors, service personnel, and emergency vehicles accessing the facility must utilize the driveway for parking and loading purposes. The applicant has not specified that they would provide any additional space for on-site parking. Therefore, Staff is of the opinion that the applicant has not met the off-street parking and loading requirements.
- Refuse and service areas: The applicant has indicated that city services will be utilized for waste removal. This appears to be adequate for the operations of the personal care home.
- Buffering and screening: The applicant has not indicated any plans for installing fences in
the side and rear yards for the purpose of buffering. There are few trees on the west and north side of the property. Trees and shrubs, that can provide as natural buffering to adjacent properties do not seem to be sufficient. Therefore, Staff is of the opinion that the applicant has not met the buffering and screening requirements.
- Hours and manner of operation: The applicant has indicated the proposed use for the subject property would have adequate spacing for the proposed supportive services along with the clients-to employee ratio. However, the applicant has not provided a clear indication how the supervision of self-administered medication, assistance with ambulation and transfer is conducted or how the essential activities of daily living such as eating, bathing, grooming, dressing, and toileting will be conducted. Further, the applicant has provided no information with regard to social or recreational activities for the residents. The applicant has indicated that there will be two (2) staff members per a twelve-hour shift. However, no allowances have been made for staff whose job duties include cooking and cleaning. In addition, at least one administrator must be on staff 24 hours per day to respond to residents and the applicant has made no indication that an administrator will be on site. Further, there are seven (7) bedrooms indicated on the floor plan provided by the applicant.
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Flowcvcr, thc applicant is requesting (o house eight (8) residents. Under this scenario, the applicant has no space for al least one resident or the staff person that is requircd to be on site 24-hours per day. Staff is or the opinion that the hours and Inanncr of operation do not appear adcquatc.
- Duration: The naturc of scrvicc mandates a periodic inspection of infrastructure and scrviccs. Therefore, Staff is not supporlivc of a permanent duration.
- Compatibility with policies related to tree preservation: Thc applicant has indicated there arc no changes proposed ror the subject propcrty. Therefore, these considerations are not applicable.
- Required yards and other open spaces: The applicant has indicated there are no structural changes proposed for the subject property. Therefore, these considerations are not applicable.
- Other consideration: The floor plan submitted by the applicant indicates that there are seven bedrooms in the house and that there will be up to eight clients. Personal Care Homes are required to provide at least 80 square feet of persona! living spacc pcr rcsident or that amount required by the State of Georgia for the licensing of personal care homes, whichever is greater. This requirement eliminates one room from being considered as a bedroom for PCH, which is only approximately 56 square foot. As such, effectively, there are only 6 rooms that can be used as bedrooms. Consequently, two (2) of the bedrooms must be shared. For a bedroom shared by two (2) people, the minimum requirement is 160 sq. ft. However, there is only one bedroom that is larger than 160 sq. ft. Staff is of the opinion that the application does not meet the requirement for personal care homes.