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HomeMy WebLinkAboutZ-6974-C Staff AnalysisJuly 14, 2016 ITEM NO.: NAME: LOCATION: OWNER/APPLICANT FILE NO.: Z -6974-C 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 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 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 June 29 and 30 at the site. Notice of these public hearings was advertised in the Arkansas Democrat Gazette. 3. ON SITE DRIVES AND PARKING: The property has access from Garfield Street and via an access drive to University Avenue. The existing parking is sufficient for the use. 4. SCREENING AND BUFFERS.- No UFFERS: No Comments. July 14, 2016 ITEM NO.: 4 (Cont) FILE NO.: Z -6974-C 5. PUBLIC WORKS: 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 30 feet from centerline. Staff was unable to locate a previous dedication deed document showing the dedication has been provided. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way. 6. UTILITY, FIRE DEPT. AND CATA COMMENT Little Rock Wastewater: Sewer available to this site. Entergy: Entergy does not object to this proposal. Electrical service is already provided to the site and the existing structure. Contact Entergy in advance should service requirements for this location change in the future. Centerpoint Energy: No comments received. AT&T: No comments received. Central Arkansas Water: NO OBJECTIONS; All Central Arkansas Water requirements in effect at the time of request for water service must be met. Fire Department: No Comments. Building Codes: No Comments. County Planning: No Comments. Rock Region METRO: No comments received. SUBDIVISION COMMITTEE COMMENT: (JUNE 22, 2016) The applicant was present. Staff presented the item and noted there were no changes from the previous approvals. Public Works Staff stated they had been unable to locate proof that the required right-of-way for Garfield Street had been dedicated through any of the previous actions. The applicant stated she would try to find the dedication deed and, if unable to do so, would work with staff to remedy the situation. 2 July 14, 2016 ITEM NO.: 4 Other Agency Comments were noted. FILE NO.: Z -6974-C The Committee determined there were no outstanding issues and forwarded the item to the full Commission. 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; 3 July 14, 2016 ITEM NO.: 4 (Cont.) FILE NO.: Z 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 countywide 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 CI July 14, 2016 ITEM NO.: 4 Cont. FILE NO.: Z -6974-C "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 expired 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. On January 27, 2011, the Commission approved a renewal of the C.U.P. for a five-year period to coincide with the BOP contract beginning October 1, 2011. There was no opposition to the C.U.P. and the item was again on the Consent Agenda. The contract is again up for renewal. The bid process began on April 1, 2016. The BOP has not given an award date or a date for performance. Past performance dates have been October 1. 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 104 residents, 84 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 5 July 14, 2016 ITEM NO.: 4 (Cont.) FILE NO.: Z -6974-C classified as minimum -community. An additional 40 persons who do not reside at this site are supervised with electronic monitoring. 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. This past year, a new administrative building was constructed on the 0-3 zoned property located across the street at 1400 Garfield. This new building is used only for administrative offices. The center has a team of professionals that are divided into the following positions: 1 Deputy Executive Director 1 Program Manager 1 Senior Case Manager 1 Job Coordinator 4 Case Managers 1 Chief of Security 12 Resident Security Staff 1 Home Confinement Coordinator 1 Social Services Coordinator C.1 July 14, 2016 ITEM NO.: 4 (Cont.) FILE NO.: Z -6974-C 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 1400 Garfield Office on June 29, 2016 and June 30, 2016. 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 site after City of Faith was constructed and in operation. To staffs knowledge, there have been no issues associated with the relationship to the daycare center. 7 July 14, 2016 ITEM NO.: 4 (Cont.) FILE NO.: Z -6974-C STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit subject to the following conditions: The C.U.P. is approved for a five-year period to coincide with the renewed Bureau of Prisons contract. 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 COMMISSION ACTION: (JULY 14, 2016) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 10 ayes, 0 noes and 1 absent. 8