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HomeMy WebLinkAboutZ-6974-B Staff AnalysisJanuary 27, 2011 ITEM NO.: H FILE NO.: Z -6974-B NAME: LOCATION: OWNER/APPLICANT City of Faith Correctional Facility — Conditional Use Permit 1401 S. Garfield Street City of Faith Prison Ministries/Terry Williams PROPOSAL: A conditional use permit is requested to allow the continued use of this 0-3 zoned property and building as a correctional facility. SITE LOCATION: The site is located on the east side of S. 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 December 28, 2010 and January 4, 2011 at the Hinton Resoruce 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. January 27, 2011 SUBDIVISION ITEM NO.: H Cont. FILE NO.: Z -6974-B 4. SCREENING AND BUFFERS: All plant materials are to be in good shape. Damaged or missing plants are to be replaced. 5. PUBLIC WORKS COMMENTS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Garfield Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to thirty (30) feet from centerline. 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 hydrants per code. County Planning: No Comments. 2 January 27, 2011 SUBDIVISION ITEM NO.: H Cont.) FILE NO.: 7-6974-B CATA: A CATA bus route is located just east of the site, along University Avenue. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 9, 2010) Terry Williams was present representing City of Faith. Staff presented the item and requested that Mr. Williams confirm there were no changes from prior approvals in any aspect of the use. Mr. Williams responded that there were no changes. Public Works and Utility Comments were noted. Staff noted there was a day care center located within 500 feet of the facility but the day care had moved in after City of Faith was constructed and in operation. The Committee determined there were no outstanding issues and forwarded the item to the full Commission. STAFF ANALYST 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 punning 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: 1. All property owners or persons operating a business within five hundred (500) feet of the property line of a proposed correctional facility 3 January 27, 2011 SUBDIVISION ITEM NO.: H Cont.) FILE NO.: Z -6974-B 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 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 51 January 27, 2011 SUBDIVISION EM NO.: H [Cont. FILE NO.: Z -6974-B (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, 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. On March 6, 2006, the Planning Commission approved a renewal of the C.U.P. for a five-year period to coincide with the Bureau of Prisons contract beginning October 1, 2006. It was noted at that time that a childcare operation had located to a property within 500 feet of the City of Faith 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 opposition to the C.U.P. renewal and the item was on the Consent Agenda. The contract is up for renewal. The bid process begins January 3, 2011. The award date will be April 3, 2011 with performance beginning October 1, 2011 5 January 27, 2011 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z -6974-B In response to a question raised at Subdivision Committee, the applicant has stated there are no changes in the operation from the previous approvals. 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. 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 L January 27, 2011 SUBDIVISION ITEM NO.: H Cont. FILE NO.: Z -6974-B 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 outline in the Ordinance. Public meetings were held at the Hinton Resource Center on December 28, 2010 and January 4, 2011. 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. There is still a daycare center located within 500 feet of the site. That daycare moved to the KA January 27, 2011 SUBDIVISION ITEM NO.' H Cont. FILE NO.: Z -6974-B site after City of Faith was constructed and in operation. To staff's knowledge, there have been no issues associated with the relationship to the daycare center. 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, 2011. 2. If City of Faith's federal contract lapses or is cancelled, the C.U.P. is voided. Staff recommends approval of a variance from the 500 feet separation requirement from the childcare facility since the childcare facility located in the area subsequent to the opening of the correctional facility. PLANNING COM[VIISSION ACTIONS (JANUARY 6, 2011) The applicant was present. There were several persons present in support and one registered objector. 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, Terry Williams, stated she wished to go forward. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. Ms. Williams stated City of Faith had operated at this location for 15 years and they were seeking their third approval of a conditional use permit to allow the operation to continue. She stated the facility housed 92 federal transitional inmates. Ms. Williams briefly described the operation and stated this was the only federal facility of its kind in Arkansas. She stated she would reserve the balance of her time to respond to any issues raised by the opposition. Misty Borkowski, of 500 Broadway, stated the required legal ad in the paper for the two required applicant public hearings had not been properly completed. She presented a copy of the legal ad and showed it had not been completed as required by Section 36-107 (13) 4. of the Code. Chairman Yates asked if she was objecting to the facility or to the notice. Ms. Borkowski responded that she was objecting to the notice. A January 27, 2011 SUBDIVISION ITEM NO.: H Cont. FILE NO-, Z -6974-B There was a discussion of the notice procedure as outlined in the Code and as completed by the applicant. Deputy City Attorney Cindy Dawson stated the Commission may determine it appropriate to defer the item for re -notice. A motion was made to defer the item to the 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 no objectors present. New notices had been placed in the newspaper and new neighborhood meetings had been held. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item, including the separation variance, was placed on the consent agenda and approved as recommended by staff by a vote of 9 ayes, 0 noes and 2 absent. E