HomeMy WebLinkAboutZ-6974-A Staff AnalysisMarch 2, 2006
ITEM NO.:
NAME:
WiT�rTi101
OWNER/APPLICANT
City Faith Correctional Facility —
Conditional Use Permit
1401 South Garfield Street
City of Faith/Terry Williams
FILE NO.: Z -6974-A
PROPOSAL: City of Faith is requesting renewal of its conditional
use permit to operate a correctional facility on this
0-3 zoned property.
SITE LOCATION:
The site is located on the east side of Garfield Street, two blocks south of
West 12th Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The facility has operated at this location since it was constructed in 1996.
By all accounts the facility has been a "good neighbor" and is compatible
with the neighborhood. The property is located in an area of mixed zoning
and uses. The facility has a community relations board which meets on a
monthly basis with neighborhood representatives to address any issues.
Staff believes extending the C.U.P. will not affect the facility's continued
compatibility with the neighborhood.
All owners of property located within 500 feet of the site, all residents
within 300 feet who could be identified and the University Park, Point
O'Woods, Broadmoor, Oak Forest and Fair Park Neighborhood
Associations were notified of this request. Additionally, public hearings
were held on February 7 and 21, 2006 at the University Park Adult Leisure
Center. Notice of these public hearings was advertised in the Arkansas
Democrat Gazette and sent to owners of properties located within 500
feet of the site.
3. ON SITE DRIVES AND PARKING:
The property has access from Garfield Street and via an access drive to
University Avenue. There is paved parking for 30 vehicles on site. The
existing parking is sufficient for the use.
4. SCREENING AND BUFFERS:
No comments, all improvements existing.
March 2, 2006
ITEM NO.: 8 Cont. FILE NO.: Z -6974-A
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PUBLIC WORKS COMMENTS:
No comments, all improvements existing.
UTILITY. FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: Approved as submitted.
CenterPoint Energy: No Comments received.
Southwestern Bell: No Comments received.
Water: Contact Central Arkansas Water if larger and/or additional water
meter(s) are required. Central Arkansas Water (CAW) requires that
successful tests of the existing backflow preventer assembly (RPZA) at
this facility 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 annually and is overdue
at this time.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: CATA bus routes are located just east of this site, along
University Avenue.
SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 9, 2006)
The applicant was present. Staff presented the item and noted there was little
additional information needed. Staff asked the applicant to confirm that no
aspect of the use had changed since the prior C.U.P. approval. The applicant
responded that there was no change. In response to a question from staff, the
applicant stated the Bureau of Prisons contract was for 5 years. There was no
additional discussion.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
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March 2, 2006
ITEM NO.: 8 (Cont.) FILE NO.: Z -6974-A
STAFF ANALYSIS:
City of Faith Community Correctional Center is located on the 0-3 zoned
property at 1401 S. Garfield Street. At the time the facility opened in 1996, such
uses were permitted "by -right" in the 0-3 district. In response to public concern,
the Board of Directors, on March 4, 1997, passed Ordinance No. 17,409 defining
correctional facilities and making correctional facilities a conditional use in any
zoning district. That same ordinance also established the following separation,
spacing and procedural requirements for correctional facilities:
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;
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
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March 2, 2006
ITEM NO.: 8 Cont. FILE NO.: Z -6974-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, welfare or health care", "establishment for a
religious, charitable or philanthropic 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.
In conformance with Subsection "d" above, City of Faith applied for and was
issued a conditional use permit by the Planning Commission on February 8,
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March 2, 2006
ITEM NO.: 8 [Cont.] FILE NO.: Z -6974-A
2001. Objectors appealed that action to the Board of Directors and, on May 6,
2001, the Board upheld the Commission's approval. The C.U.P. was approved
to coincide with the length of the Bureau of Prisons contract which expires on
September 30, 2006. The contract is up for renewal. The bid date was January
11, 2006. The award date will be June 2, 2006 with the new contact to begin on
October 1, 2006. City of Faith is requesting approval of a C.U.P. to allow
continued operation of the correctional facility. The applicant has stated that
nothing in the current proposal differs from that approved in 2001 other than the
facility no longer houses direct court commitments, due to a change in Justice
Department policy.
The following information was provided by City of Faith describing the facility and
its operations.
The City of Faith — Little Rock Community Correctional Center is located at
1401 South Garfield Drive, Little Rock, Arkansas 72204. The center has a
designed capacity for 97 residents, 77 male residents and 20 female residents.
The center provides services to adult offenders who are 18 year of age or older.
The average length of stay is six months. The security level for all residents is
classified as minimum -community.
The center is located in a residential/business community and has easy access
to public transportation and also permits eligible residents to drive personal
vehicles under stringent guidelines.
The center is a two-story brick structure that has ten thousand (10,000) square
feet. The center was built in 1996 and has two handicap parking spaces and
forty parking spaces for staff and residents. The first floor of the center has a
lobby, control station, administrative offices, kitchen, dining area, staff restroom,
U.A./medical supply closet, director's office, laundry room, handicapped
restroom, handicapped room (capacity for two residents), and four bedrooms for
female residents that have alarmed doors at both ends of the hallway.
The second floor of the center houses male residents. There are 13 rooms on
the second floor that house between three .to seven residents. There is a
storage room, laundry room and restrooms on the second floor. There is a day
room on the second floor that has ample room to sit and has access to a
television. All resident rooms have access to natural light. All common areas
are personally decorated with plants, pictures and other memorabilia that add to
the attractiveness and professionalism of the overall environment.
The center is professionally landscaped and has several patios (covered and
uncovered), barbecue area, three stationary picnic tables, several chairs and
built-in sitting areas. The center has an outdoor (half -court) basketball area, and
green -space for weight lifting.
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March 2, 2006
ITEM NO.: 8(Cont.)FILE NO.: Z -6974-A
The center has a team of professionals that are divided into the following
positions:
1 Executive Director
2 Deputy Executive Directors
1 Program Manager
1 Senior Case Manager
2 Case Managers
1 Chief of Security
6 Resident Security Staff
1 Home Confinement Coordinator
The mission and management philosophy of the City of Faith Community
Correctional Center is to provide a versatile community-based alternative to
conventional incarceration for those offenders referred to the center by
contractual agreements.
Since every offender in residential treatment ultimately returns to the community,
the center incorporates a carefully monitored, progressive reintegration into
society. The City of Faith emphasizes a risk reduction goal utilizing programs
designed to assist offenders in becoming law-abiding, self-sufficient, contributing
members of the community; thereby, changing an offenders attitude and
consequently the probability of future criminal behavior. Thereby, behavioral
changes achieved during a relatively short period of residential treatment may
become enduring characteristics that enable the offender to reintegrate safely
and productively into the community.
The City of Faith offers a series of sentencing options more intrusive than
probation, but less punitive than incarceration. Oversight, monitoring, substance
abuse testing and counseling are provided. Thereby, maximizing compliance
with treatment and court orders.
The staff of the City of Faith makes a concerted effort to confront unacceptable,
inappropriate behavior, and the failure to meet program requirements.
The Community Correctional Center in tandem with alternative to incarceration,
offers a sensible long-term solution to changing needs of the justice community.
The applicant has reiterated the commitment made to the Board of Directors that
the facility will not take felons convicted of violent crimes, sexual assault or
crimes against children.
City of Faith has completed all required notification and newspaper
advertisements as outlined in the Ordinance. Public meetings were held at the
University Park Adult Leisure Center on February 7 and 21, 2006.
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March 2, 2006
ITEM NO.: S Contj FILE NO.: Z -6974-A
To staff's knowledge, there are no outstanding issues. Staff believes it is
appropriate to approve the C.U.P., again tying the approval to the length of the
Bureau of Prisons contract. There is no bill of assurance issue.
STAFF RECOMMENDATION:
Staff recommends approval of the conditional use permit subject to the following
conditions:
1. The C.U.P. is approved for a five-year period to coincide with the Bureau of
Prisons contract beginning October 1, 2006.
2. If City of Faith's federal contract lapses or is cancelled, the C.U.P. is voided.
PLANNING COMMISS1ON ACTION: (MARCH 2, 2006)
The applicant was present. There were no objectors present and no letters of
opposition had been received. Staff presented the item and a recommendation
of approval subject to compliance with the conditions noted in the "Staff
Recommendation" above. Staff noted that a facility that included a childcare
operation had located near the site since the correctional facility had first been
approved. It was noted that the childcare was less than 500 feet from the
correctional facility. Staff recommended approval of a variance from the 500 feet
separation requirement since the childcare facility had located in the area
subsequent to the opening of the correctional facility. There was no further
discussion.
The item was placed on the Consent Agenda and approved, including all staff
comments and conditions. The vote was 10 ayes, 0 noes and 1 absent.
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