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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. 2 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. 2 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; K 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- 0 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 5 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 R 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. 7 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.