Z-3859-A Staff AnalysisFebruary 24, 2011
ITEM NO.: F FILE NO.: Z -3859-A
NAME: GEO Group Correctional Facility —
Conditional Use Permit
LOCATION. 615 West Markham
OWNERIAPPLICANT: Eugene Pfeifer, III/The GEO Group
by Randal Frazier, Attorney
PROPOSAL: A conditional use permit is requested to allow for the
use of this existing, UU zoned property and building
as a correctional facility.
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SITE LOCATION:
The site is located on the south side of West Markham Street, east of
Gaines Street.
COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area of downtown that is characterized by
governmental and tourist -oriented uses. City and County office uses and
court facilities are located along both sides of West Markham. Not far to
the east, the uses transition to tourist and entertainment oriented uses;
including Robinson Auditorium, the Statehouse Convention Center, the
Old State House and the Doubletree, Peabody and Capitol Hotels. Staff is
concerned that placement of this facility at this location could impact the
tourist and visitor business which is vital to Little Rock. Additionally, the
City operates a program for youth which places several students in
various parts of the City Hall complex. One of the requirements for
correctional facilities is that they are not to be located within 500 feet of
any facility that operates programs for youth.
All owners of properties located within 500 feet of the site, all residents
within 300 feet who could be identified and the Downtown Neighborhood
Association were notified of this request. Additionally, two public hearings
were held by the applicant.
3. ON SITE DRIVES AND PARKING:
The site contains a paved and landscaped parking lot with 18 spaces.
The property is located in the UU zoning district which does not require
on-site parking. There is no separate or additional parking requirement for
correctional facilities.
February 24, 2011
SUBDIVISION
ITEM NO.: F (Cont.
4. SCREENING AND BUFFERS:
FILE NO.: Z -3859-A
If remodeling cost exceeds fifty (50) percent of the building's replacement
value, a corresponding upgrade in landscaping will be required.
5. PUBLIC WORKS COMMENTS:
1. A twenty (20) foot radial dedication of right-of-way is required at the
intersection of W. Markham Street and S. Gaines Street.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: No comments received.
Centerpoint Energy: No comments received.
AT&T (SBC): No comments received.
Water: NO OBJECTIONS; All Central Arkansas Water requirements in
effect at the time of request for water service must be met. Contact
Central Arkansas Water if additional fire protection or metered water
service is required or regarding the size and location of the water meter.
Due to the nature of this facility, installation of an approved reduced
pressure zone backflow preventer assembly (RPZ) is required on the
domestic water service. This assembly must be installed prior to the first
point of use. Central Arkansas Water (CAW) requires that upon installation
of the RPZA, successful tests of the assembly must be completed by a
Certified Assembly Tester licensed by the State of Arkansas and approved
by CAW. The test results must be sent to CAW's Cross Connection
Section within ten days of installation and annually thereafter. Contact the
Cross Connection Section at 377-1226 if you would like to discuss
backflow prevention requirements for this project.
Fire Department: Place fire hydrants per code.
County Planning: No Comments,
CATA: The site is located on a CATA bus route.
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February 24, 2011
SUBDIVISION
ITEM NO.: F Cont.) FILE NO.: Z -3859-A
SUBDIVISION COMMITTEE COMMENT: (DECEMBER 9, 2010)
Glenn Borkowski and Bruce Brown were present representing the application.
Staff presented the item and noted there was additional information needed
regarding the number of residents and staff. Staff asked the applicants to
provide information on the nature of persons to be housed at the facility and what
security measures would be implemented. The applicants were asked to provide
information on any outside use areas, any proposed fencing and signage.
Public Works, Utility and Landscape Comments were noted.
Staff noted the proposed facility was located within 500 feet of a facility that
operates programs for youth; those administered by the Community Programs
Department in City Hall at 500 West Markham Street. The applicants were
advised that a variance request would need to be submitted.
The applicants were advised to submit responses to staff issues by December 15,
2010. The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
Geo Group, Inc. is requesting approval of a conditional use permit to allow use of
the existing UU zoned building and parking lot at 615 West Markham Street as a
correctional facility. As staff understands, the Federal Bureau of Prisons contract
is for 5 years. The current contract is up for renewal and bids are being taken for
operation of such a facility. The award date is April 3, 2011 with performance to
begin October 1, 2011.
Separation, spacing, and procedural requirements for correctional facilities
shall be determined by the planning commission so as not to adversely
impact the neighborhood. Correctional facilities are subject to the following
additional requirements:
a. Before a conditional use permit for a correctional facility can be granted,
the applicant shall clearly establish the following:
All property owners or persons operating a business within five
hundred (500) feet of the property line of a proposed correctional
facility have received notice by certified mail of the exact location of
the property and its intended use;
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February 24, 2011
SUBDIVISION
ITEM NO.: F (Cont.)
FILE NO.: Z -3859-A
2. This required notice was sent to each person before any contract for
operation of the facility was granted, that this notice properly sets forth
the exact procedure and time frame for the person notified to register
objections with the appropriate governmental agency, and that proof
of such notice is provided as required for conditional use permits;
3. The facility is not located within five hundred (500) feet of the property
line of any school, any facility that operates programs for youth, or
another correctional facility;
4. The applicant has conducted two (2) public hearings after having first
advertised the meetings and location prominently not less than five (5)
nor more than seven (7) days prior to each meeting; that such
advertisement was prominently displayed and not a mere legal
advertisement, in a newspaper with seven (7) days a week county-
wide circulation;
5. Procedures are in place should the permit be granted that the chief of
police shall be notified within one (1) hour that a resident of the facility
has escaped or failed to return when required;
6. Adequate security measures are in place to prevent any resident of
the correctional facility from violating subsection (5) more than once in
a thirty -day period.
b. These requirements for correctional facilities are in addition to any other
provisions required for a conditional use permit under this code. These
requirements are mandatory and not directory. In the event of a conflict
with the other provisions of the code, these requirements shall control.
Substantial compliance is not sufficient. Failure to comply with these
requirements shall be a basis to deny the permit. Within one hundred
twenty (120) days of granting the permit, the permit may be rescinded
upon presentation to the planning commission of clear and convincing
evidence that the applicant failed to comply with subsections (1) through
(4) above. Failure to comply with subsections (5) and (6) two (2) times
within a ninety -day period, or the commission of a violent felony by a
resident of the correctional facility, shall be a basis for determining that
security is inadequate and such determination shall be a cause for
immediate revocation of the permit. The planning commission shall
establish procedures for presentation of such evidence and for placement
of the matter on its agenda for public hearing.
c. The terms "group care facility", "rooming or boarding", "community, wel-
fare or health care", "establishment for a religious, charitable or philan-
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February 24, 2011
SUBDIVISION
ITEM NO.: F Cont.) FILE NO.: Z -3859-A
thropic organization", "governmental or private recreational uses", and
"rooming, lodging or boarding facilities", shall not include a correctional
facility as a permitted use.
d. Any correctional facility in operation on the effective date of this section
shall be required to come into compliance with this section and obtain a
conditional use permit within four (4) years of the effective date of this
section.
The applicant submitted the following information on the proposed use. The
proposed GEO Group facility will offer comprehensive programming, a structural
support system for its residents, job placement assistance and monitoring of
residents 24 hours a day, 7 days a week. Among others, some of the programs
at the facility will include job skills training, individual case management including
job placement assistance, instruction in classes on personal finances and money
management, substance abuse and addiction counseling and individual, family
and group counseling.
The GEO Group operates 21 facilities of this type in 8 states and has been
providing transitional services for federal inmates since 1977.
The initial contract with the Federal Bureau of Prisons will be for a resident
population of 90 men and women. The staff will consist of 25-30 people.
Though offences vary, the majority of the residents will have committed white-
collar crimes and drug and substance abuse crimes. In response to a question
regarding whether the facility would have sex offenders, the applicant responded:
"It has been GEO's experience that the Federal Bureau of
Prisons makes no differentiation between the types of offenders
re-entry facilities are required to accept. In other words, GEO
would be required to accept the same offenders as City of Faith
and vice versa. There are a couple of caveats that may cause
the questioner to think the City of Faith is not required to accept
sex offenders. First, the BOP allows the service provider to
decline a violent inmate if they are perceived to be a threat to
the community, staff or other residents. This would be the same
for GEO and City of Faith. Secondly, a facility would not be
required to accept a sex offender if accepting a sex offender
would be in conflict with any statutes or local ordinances."
This will not be a lock up facility. Residents will have a 10:00 p.m. curfew and
must sign in upon entering the facility and are only permitted to leave for work
and other approved matters such as with a pass for family visitation. Staff at the
facility must verify the pass upon sign out and will perform random accountability
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February 24, 2011
SUBDIVISION
ITEl19 NO.: F (Cont.) FILE NO.: Z -3859-A
calls while residents are at work and away on passes. If a resident does not
return to the facility after normal sign out or after receiving a pass, he or she is
referred back to the Federal Bureau of Prisons for reincarceration.
The GEO Group implements advisory boards to its facilities and proposes to do
the same at this facility. The advisory board will meet once a month and will be
comprised of the facility's director, neighboring property owners and businesses,
law enforcement officials, interested citizens and a City Director or such other
composition as the City desires or directs.
No fencing, signage or outside use areas are proposed. The property is located
in the Original City of Little Rock and there is no bill of assurance.
Staff is not supportive of the proposed placement of this correctional facility. The
site is located within 500 feet of a facility that operates programs for youth.
Several of the youth involved in the City's summer youth jobs program are
employed in various City Offices in the immediate area. The applicant is aware
of that program and states:
"The programs at City Hall are conducted during the daytime during
the summer and not all year long, the buildings have significant
physical separation and are located in a highly visible and active
area in downtown."
Additionally, the property is located at the edge of the City's principal tourist and
visitor area. Just east of the site are Robinson Auditorium and Center, the
Statehouse Convention Center, the Doubletree, Capitol and Peabody Hotels and
the Old State House. Additional tourist activities extend eastward to the
Presidential Library and River Market. Staff is concerned that this facility with its
proposed concentration of federal prisoners will negatively impact the City's vital
tourism and visitor industry.
STAFF RECOMMENDATION:
Staff recommends denial of this C.U.P. application.
PLANNING COMMISSION ACTION: (JANUARY 6, 2011)
The applicant was present. There were registered objectors present. As there
were only 8 Commissioners present, the applicant was offered the opportunity to
defer the item to the January 27, 2011 meeting. The applicant, Randy Frazier,
stated he would take the deferral. A motion was made to defer the item to the
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February 24, 2011
SUBDIVISION
ITEM NO.: F Cont. FILE NO.: Z -3859-A
January 27, 2011 meeting. The motion was approved by a vote of 8 ayes,
0 noes, 1 absent and 2 open positions.
PLANNING COMMISSION ACTION: (JANUARY 27, 2011)
The applicant was present. There were two registered objectors present. Staff
informed the Commission that, on January 27, 2011, the applicant had requested
deferral of the item to the February 24, 2011 meeting. There was no further
discussion. A motion was made to waive the Commission's bylaws as regards
the late deferral request. The motion was approved by a vote of 9 ayes, 0 noes
and 2 absent. The item was placed on the consent agenda and approved for
deferral to the February 24, 2011 meeting by a vote of 9 ayes, 0 noes and
2 absent.
PLANNING COMMISSION ACTION: (FEBRUARY 24, 2011)
The applicant was not present. There were no other interested parties present.
Staff informed the Commission that the applicant had requested withdrawal of
the item. There was no further discussion. The item was placed on the consent
agenda and approved for withdrawal by a vote of 11 ayes, 0 noes and 0 absent.
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SUBDIVISION COMMITTEE COMMENTS
DECEMBER 9, 2010
ITEM NO.: 5. GEO GROUP CORRECTIONAL FACILITY
CONDITIONAL USE PERMIT- 615 W. MARKHAM STREET Z -3859-A
Planning Staff Comments:
1. Provide information on number of residents. The initial contract with the Federal Bureau of Prisons will be
for a resident population of 90 men and women.
2. Provide information on number of staff. The staff will consist of 25 to 30 people.
3. Provide information on types of criminals to be housed at the facility. Though offenses vary, the majority
will be residents who have committed white collar crimes and drug and substance abuse crimes.
4. Provide information on security measures at facility. This will not be a lock up facility. Residents will have
a 10:00 p.m. curfew and must sign in upon entering the facility and are only permitted to leave for work
and other approved matters, such as with a pass for family visitation. Staff at the facility must verify the
pass upon sign -out and will perform random accountability calls while residents are at work and away on
passes. If a resident does not return to the facility after normal sign -out or after receiving a pass, he or she
is referred back to the Federal Bureau of Prisons for re -incarceration.
5. Locate any outside use areas. The only outside use area will be for parking.
6. Locate and describe any proposed fencing. The facility will not have fencing unless it is required by code
or ordinance.
7. Provide signage plan. GEO's facilities of this type typically have no signage.
8. The property is located in the Original City of Little Rock and there is no Bill of Assurance.
Variance/Waivers:
• None requested.
Public Works:
1. A twenty (20) foot radial dedication of right-of-way is required at the intersection of W. Markham Street
and S. Gaines Street.
Utilities and Fire Department/County Planning:
Wastewater: Sewer available to this project.
Entergy: No comments received.
Centerpoint Energy: No comments received.
AT&T (SBC): No comments received.
Water: NO OBJECTIONS; All Central Arkansas Water requirements in effect at the time of request for water
service must be met. Contact Central Arkansas Water if additional fire protection or metered water service
is required or regarding the size and location of the water meter. Due to the nature of this facility,
installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the
domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas
Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be
completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The
test results must be sent to CAW's Cross Connection Section within ten days of installation and annually
thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow
prevention requirements for this project.
Fire Department: Place fire hydrants per code.
County Planning: No Comments.
CATA: The site is located on a CATA bus route.
Planning Division: No Comments.
Landscape: If remodeling cost exceeds fifty (50) percent of the building's replacement value, a corresponding
upgrade in landscaping will be required.
Other: Submit responses to staff comments and four (4) copies of revised site plan, (if required), no later than
Wednesday December 15, 2010. Required notices must be sent via certified mail not later than Wednesday
December 22, 2010 and proof of notification returned to staff by December 30, 2010.