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HomeMy WebLinkAboutZ-7592 Staff AnalysisMay 6, 2004 ITEM NO.: ATMAM LOCATION: OWNER/APPLICANT FILE NO.: Z-7592 Liberty House Correctional Facility — Conditional Use Permit 1815 West Roosevelt Road Gracie Eason/Jerry Larkowski PROPOSAL: A conditional use permit is requested to allow for the use of the existing residence on this R-4 zoned property as a correctional facility for up to 15 persons. 1. SITE LOCATION: The property is located on the south side of West Roosevelt Road; midblock between Wolfe and Battery Streets. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located within an older, residential neighborhood. The neighborhood is comprised primarily of single family residences although it does also contain some of the nonresidential elements typically found in or near a residential neighborhood. A LRSD elementary school, Mitchell Academy, is located to the northwest. Two day care centers are located on Battery Street; one half block north of Roosevelt and one block south of Roosevelt. The neighborhood contains a variety of housing stock ranging from vacant -boarded structures to newer and newly remodeled homes and older homes of some historic significance. Staff does not believe this proposed use is compatible with uses in the area. The applicant is required to notify all property owners or persons operating a business within 500 feet of the site. Staff notified all residents within 300 feet who could be identified and the South End, Wright Avenue, MLK and Downtown Neighborhood Associations of this request. 3. ON SITE DRIVES AND PARKING: Liberty House proposes to house up to 15 individuals, most of whom will be driving their vehicles to and from the site. Some may be picked up by fellow employees or others. Additionally, the facility will have a security guard and 1 to 2 employees of an administrative nature. The possibility exists that up to 18 parking spaces may be needed. The site currently has parking for two vehicles with access off of the alley. There is no direct access to Roosevelt Road. The applicant proposes to park 3 vehicles adjacent to the house, parallel with the alley, and to park 4 vehicles in the May 6, 2004 ITEM NO.: K [Cont. FILE NO.: Z - rear yard area. There is not enough space adjacent to the house for parallel parking without blocking the alley and the only way 4 vehicles can be parked in the rear yard is if 2 vehicles are stacked one behind the other. The applicant has received permission to use 5 parking spaces on the church site across Roosevelt Road, but only Monday through Friday. 4. SCREENING AND BUFFERS: • If a parking area is to be developed, it will need to provide appropriate screening and landscaping to meet with zoning buffer and landscape ordinance requirements. 5. PUBLIC WORKS COMMENTS.- No OMMENTS: No Comments. 6. 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 a larger or additional meter is required. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact. Central Arkansas Water regarding procedures for installation of the hydrant(s). Additional water facilities will be installed at the developer's expense. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is not located on a CATA Bus Route. Nearest bus routes are located along Battery Street to the west and West 24th Street, to the north. 2 May 6, 2004 ITEM NO.: K [Cont. FILE NO.: Z-7592 SUBDIVISION COMMITTEE COMMENT: (MARCH 4, 2004) Gracie Eason and Jerry Larkowski were present representing the application. Staff presented the item and noted additional information was needed regarding signage, fencing and parking. Staff asked the applicant to provide greater details of the operation of the facility including number of employees, security measures and transportation. Staff noted the relative lack of parking on site and asked the applicant to provide plans for parking. Staff noted that the bill of assurance was no longer valid. Staff noted the development standards and review criteria for correctional facilities as outlined in Section 36-107 of the code and pointed out that the facility was within 500 feet of a school. Staff commented that variances would likely be needed for the separation requirement and reduced parking. Public Works and Landscape Comments were noted. In response to a question from the Committee, Mr. Larkowski stated residents at the facility would initially be nonviolent misdemeanor and traffic offenders. Mr. Larkowski stated contact had been made with the church located across Roosevelt Road about use of some of the church's parking spaces. Staff cautioned that the church could only agree to allow use of surplus parking; spaces available above the church's minimum parking requirements. The applicant was advised to respond to staff issues by March 10, 2004. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The R-4 zoned property located at 1815 W. Roosevelt Road is occupied by a two-story, brick and frame residential structure and a detached accessory building. The applicants propose to convert the house into a correctional facility to be known as The Liberty House. The Code defines a Correctional facility as: Correctional facility means a staffed and supervised community based transitional facility for housing persons serving all or part of a sentence or probation, for violation or conviction of a criminal offense, and which may also provide structured programs and services such as counseling and job placement to the residents. This definition excludes jails, prisons and detention centers operated by any local, county, state or federal government, and facilities operated by any state agency subject to statutory notice provisions. 3 May 6, 2004 ITEM NO.: K Cont.) FILE NO.: Z-7592 The applicant has submitted the following description of the proposed facility: The Liberty House will be first of its kind here in Little Rock. Our program is designed to be used initially as a probation component for criminal and traffic courts to use as a jail substitute for those gainfully employed. Once this pilot project proves a success, we intend to seek approval from the Arkansas legislature to expand this program to further relieve jail overcrowding and to preserve jobs here in Little Rock, and hopefully soon at other sites around the state. The 1815 W. Roosevelt site will be the flagship of the Liberty House. It can house at most 15 participants, all of whom initially will be male. We already have tentative arrangements for parking with neighbors. We intend this site to initially accept non-violent, misdemeanor and traffic offenders who will be paying for their housing from their paychecks, as opposed to the various local governments being responsible for their boarding costs. While at the Liberty House, they must maintain their employment, but will be required to remain at the home when not working. Releases will be approved for appointments with doctors, lawyers, counselors, therapists, etc. We do not intend to have a sign in front of the Liberty House. At most, I can envision no more than a flat sign attached to the front of the house, no more than 120 square inches identifying it as the Liberty House. At this point, we have no changes in store for fencing. This site of the Liberty House should never have more than 2 to 3 employees present at a time. Accordingly, they will park in the spaces already available at this address. The Liberty House will provide restricted -freedom living space for criminal justice offenders. This site will only house non-violent misdemeanor and traffic offenders who are gainfully employed. There will be very little activity during the daytime, as our clients will be/should be employed during those hours. During the evening and at night, the clients will be restricted to the property of the Liberty House where they will sleep, clean up, wash clothes, and have periodic light activities available during their stay. This site will be staffed by a security guard while clients remain at the home. Also, we envision 1 to 2 employees of an administrative nature to work from this site 4 May 6, 2004 ITEM NO.: K (Cont. FILE NO.: Z-7592 as well. The landlord has plans to install a security system on all windows and doors so that if any client tried to leave the premises without staff's knowledge an alarming signal would function. We envision most clients will be driving their vehicles to and from the Liberty House. There may be some that are picked up by fellow employees or someone else who assists them with transportation. We have secured from our neighbor across Roosevelt, the Gospel Temple Missionary Baptist Church, the use of five (5) parking spaces. These spaces are available Monday through Friday. We believe we can fit six (6) regular sized vehicles on the premises at this time. To the extent we need a parking waiver; we would request one as well. We have complied with, and will continue to comply with, all provisions of Ordinance No. 36-107(13) of the Little Rock City Code. The Development standards and review guidelines from Section 36- 107.(13) of the Code are: (13) 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: 1) 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; 5 May 6, 2004 ITEM NO.: K (Cont. FILE NO.: Z-7592 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. Staff does not support the requested conditional use permit. In addition to concerns about the compatibility of the proposed use with this neighborhood, the proposed facility cannot be operated at this site without parking and separation variances. The facility is proposed to house up to 15 individuals and 2 to 3 employees; all of whom potentially could be driving. The site could perhaps accommodate 4 vehicles and the 5 spaces on the nearby church parking lot are only available Monday through Friday. The Code requires that correctional facilities not be located within 500 feet of the property line of any school or any facility that operates programs for youth. A day care center is located 250± feet south of the site on Battery Street. A second day care center is located 200± feet north of the site on Battery Street. A LRSD elementary school is located 150± feet to the northwest, across Roosevelt Road. The applicant submitted responses to questions raised at Subdivision Committee and reflected in the analysis above. The 1890 Bill of Assurance does not address use issues. The applicant is requesting a parking variance and a variance from the 500 feet separation requirement. Neighborhood meetings were held at the Williams Library, 18th and Chester, on February 10 and 12, 2004. C-9 May 6, 2004 ITEM NO.: K (Cont.) FILE NO.: Z-7592 STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (MARCH 25, 2004) The applicants were not present. There were several objectors present. Staff informed the Commission that the applicant had requested that the item be deferred. There was no further discussion. The item was placed on the Consent Agenda and approved for deferral to the May 6, 2004 meeting. The vote was 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (MAY 6, 2004) The applicant was present. There were several objectors present and letters and petitions of opposition had been received and forwarded to the Commission. Staff presented the item and a recommendation of denial. Jerry Larkowski spoke on behalf of the application. He stated there was a need for programs such as this due to jail overcrowding. He stated Liberty House would only accept non-violent, misdemeanor and traffic offenders. Mr. Larkowski stated the residents' freedom would be restricted but they would be permitted to work. He amended the application to reduce the number of persons to 10 residents and 1 employee and to allow use of the site only through December 31, 2004. Mr. Larkowski stated there were 4 parking spaces on the site and 5 spaces had been secured from the church located across Roosevelt Road. He requested a parking variance and a variance from the separation requirement from the nearby school and daycares. Mr. Larkowski stated the residents would be working away from the site while the school was in session. He stated he had recently read of drug and gun arrests in the neighborhood. He surmised that Liberty House would have a stabilizing effect on the neighborhood. Mr. Larkowski emphasized that Liberty House was not a halfway house. He stated the residents of the house would be paying to stay there; reducing the burden on the jail system. Doug Eaton, of the LRSD, read a statement from the School Board in opposition to the application, due to the site's proximity to the Mitchell School. Bettye Shead, of 2604 Marshall Street, stated the majority of the nearby residents were elderly and many did not have the finances to purchase protective devices. She asked the Commission to deny the application. 7 May 6, 2004 ITEM NO.: K Cont. FILE NO.: Z-7592 Arthur Williams of 2601 State Street, spoke in opposition on behalf of the South End Neighborhood Associations Coalition. He stated the proposed use did not comply with the area's neighborhood action plan and was not an appropriate use for the site. Lisa Two Rivers, of 2505 Wolfe Street, spoke in opposition. She stated the neighborhood had struggled through difficult times but was coming back. She voiced concern that the proposed use would hinder those efforts. Arkie Byrd, of 2415 Wolfe Street, stated she was opposed to the item. Evelyn Coleman, of 2409 Schiller Street, asked the Commission to deny the application. James Floyd, president of the Wright Avenue Neighborhood Association, spoke in opposition. He suggested the applicant look at locating on the site of the old VA Hospital, on East Roosevelt Road. John Gerard, of 1709 West 24th Street, stated the community supported the concept; just not at this location. Mr. Larkowski responded by re-emphasizing the security of the facility and the non-violent nature of the proposed residents. Commissioner Floyd stated he felt it was a great idea; just in the wrong place. Commissioner Lowry asked if thought had been given to visitors that might come to the house. Mr. Larkowski stated family visitation only would be arranged and scheduled on weekends and security would always be present. Commissioner Lowry asked what the worse types of convictions the residents would have. Mr. Larkowski responded the convictions would be misdemeanor and no sex crimes. Commissioner Williams stated he did not think it was a good idea to introduce criminals into this neighborhood. A motion was made to approve the application, as amended. The motion failed with a vote of 0 ayes, 11 noes and 0 absent. 0