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13174I 2 RESOLUTION NO. 13,174 3 A RESOLUTION TO ESTABLISH THE INTENT OF THE BOARD OF 4 DIRECTORS AS TO HOW TO DEFINE THE ABANDONMENT, EN- 5 HANCEMENT, ENLARGEMENT, OR INCREASE IN INTENSITY OF 6 A NON - CONFORMING USE PRESENTLY KNOWN AS THE OASIS 7 RENEWAL CENTER AT 14913 COOPER ORBIT ROAD WITHIN THE s PLANNING JURISDICTION OF THE CITY OF LITTLE ROCK, AR- 9 KANSAS; AND FOR OTHER PURPOSES. 10 11 WHEREAS, a request was made to City staff to determine if the use by Recovery Centers of 12 Arkansas of property owned by Are of Arkansas to provide programming at the Oasis Renewal 13 Center was the continuation of a non - conforming use; and, 14 WHEREAS, the administrative decision was made that pursuant to Little Rock, Ark., Rev. 15 Code § 36 -153 (1988) such use would be a continuation of a non - conforming use and would not 16 require any additional zoning or permits; and, 17 WHEREAS, the assurances by the Recovery Systems of Arkansas as to the uses of the prop - 1s erty are important to the City, and to the surrounding neighborhoods, and it is desired that should 19 the property change hands there be no question as to what uses of the property are proper without 20 being deemed an abandonment, enhancement, enlargement, or increase in intensity of a non- 21 conforming use; and, 22 WHEREAS, the parties have reviewed a draft of this resolution and understand its terms and 23 its meaning; 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF 25 THE CITY OF LITTLE ROCK, ARKANSAS: 26 Section 1. The City Manager is directed to assure that no change in the use of the property at 27 14913 Cooper Orbit Road, as set forth in this resolution, shall occur, and that any such change 28 that is inconsistent with the policy directive of this resolution will extinguish the non - conforming 29 use status of the property pursuant to Little Rock, Ark., Rev. Code § 36 -153 (1988). 30 Section 2. The following uses of the property at 14913 Cooper Orbit Road that are allowed 31 as a non - conforming use are as follows: [PAGE 1 OF 31 Resolution to establish non - conforming requirements for 14913 Cooper Orbit Road I (a) The recovery center shall be accredited by the Commission for Accreditation of Re- 2 habilitation Facilities or other comparable national accrediting entity, and licensed by 3 the Arkansas Department of Human Services, Division of Behavioral Health, Office 4 of Alcohol and Drug Abuse Prevention: 5 (b)The recovery center is governed by a volunteer board of citizens within the central 6 Arkansas community; 7 (c) The recovery model shall emphasize research -based scientifically accepted treatment 8 programs which enable individuals to live free from abuse of alcohol, drugs, or both: v (i) This recovery model may include not only direct treatment for persons with 10 alcohol, drug, or both, problems or addictions, but also programs for the fami- 11 lies or friends of such persons; 12 (ii) Both the treatment for individuals, and the programs for families and friends, 13 may consist of residential programs; 14 (d) The recovery center and programs shall be limited to individuals, or families, that 15 privately pay for these services; 16 (i) The anticipated cost of a thirty (30) -day residential program will initially be 17 set by the Recovery Center Board between twelve thousand dollars ($12,000) 18 and fifteen thousand dollars ($15,000); however, it is recognized that the Re- 19 covery Center Board must price these services to meet market demands and 20 therefore modifications to this pricing schedule may be made by the Recovery 21 Center Board. 22 (e) All clients of the recovery center and programs shall receive treatment in the quiet, 23 private, and secluded environment of the property; 24 (f) All clients of the recovery treatment programs shall be at least eighteen (18) years of 25 age, and: 26 (i) Shall be psychiatrically stable; 27 (ii) The age limitation in this subsection shall not apply to programs for the families 28 of clients of the recovery treatment programs; 29 (g) The recovery treatment program shall not exceed twenty -four (24) residential clients 30 who are housed in one of the three (3) cottage dormitories on the property; [PAGE 2 OF 31 Reeuwtlon to establish non - conforming requirements for 14913 Cooper Orbit Road 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (h) No person from the recovery treatment program, or the recovery programs for fami- lies or friends, shall be admitted directly from a criminal justice facility: (i) No person in the recovery treatment program, or the recovery programs for families or friends, may be actively dangerous to self, others or property; 0) The recovery center will create an advisory group made up of one representative from each surrounding neighborhood which shall meet once a quarter to discuss the various programs offered, and to identify any proposed changes to the programs that other- wise do not violate any of the provisions of this resolution. Section 3. No addition to the requirements set forth in this Resolution shall be permitted. Section 4. Any modification of the use set forth in this Resolution shall be made in accor- dance with Little Rock, Ark., Ordinance No. 20,288 (July 6, 2010), as may be amended, and with any relevant provisions of Chapter 36 of the Little Rock Code, as may be amended to the extent that the amendment deals with a nonconforming use. Section 5. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the resolution, which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitu- tional were not originally a part of the resolution. Section 6. Repealer. All ordinances, resolutions, bylaws, and other matters inconsistent with this ordinance are hereby repealed to the extent of such inconsistency. PASSED: August 2, 2010 24 25 usan a ey, City Clerk 26 APPR V AS TO LEGAL FORM: 29 Thomas M. Carpenter, City At rney 30 31 32 Resolution to establish non- eonfurmiog requirements for 14913 Cooper Orbit Road APPROVED: Mark Stodola, Mayor [PAGE 3 OF 31