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HomeMy WebLinkAboutZ-8021 Staff AnalysisApril 13, 2006 ITEM NO.: 10 NAME: LOCATION: OWNER/APPLICANT FILE NO.: Z-8021 Firetree Ltd. Correctional Facility — Conditional Use Permit 3215 Brown Street Fletcher Realty No. 2, LLC/ Eichenbaum, Liles and Heister, P.A. PROPOSAL: A conditional use permit is requested to allow for conversion of a portion of the existing building located on this 1-3 zoned property into a correctional facility. SITE LOCATION: The site is located on the east side of Brown Street, south of 32nd Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located in an area that is characterized by Institutional and Industrial zoned properties and uses. The large, PCD zoned tract to the north contains several Pulaski County facilities including the Regional jail, county district court; juvenile justice facility and cooperative extension service. The 1-3 and 1-2 zoned property to the west contains the County Road and Bridge Department, animal services and maintenance facilities. Various wholesale supply businesses are located on the 1-2 and 1-3 properties to the southwest and east. The vacant Smoky Hollow plant is located to the east, at Woodrow and 32"d. This facility's parking lot and what appears to be two residential structures are located on the 1-3 zoned property to the south. Fourche Bottoms floodway is further to the south. The proposed use appears to be compatible with uses and zoning in the area. All property owners located within 500 feet of the site, all residents within 300 feet who could be identified and the Midway, LOVE, Goodwill, Wright Avenue and South End Neighborhood Developers Neighborhood Associations were notified of this request. Notice was sent and also posted in the Arkansas Democrat Gazette of public meetings to be held on April 3 and April 10 at the County Co-op on Roosevelt Road. 3. ON SITE DRIVES AND PARKING: Nine (9) parking spaces are located at the front of the building. A seventy-two (72) space parking lot is located south of the building. The parking is sufficient for the proposed use. April 13, 2006 ITEM NO.: 10 Cont.) FILE NO_: Z-8021 Transportation is provided by the facility and a CATA bus route is located to the north, at Roosevelt Road. 4. SCREENING AND BUFFERS: No comments, all facilities are existing. 5. PUBLIC WORKS COMMEN 1. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. Ordinance #17,857 was adopted at the request of this property owner on November 2, 1998 approving a five (5� year deferral of installation of sidewalks on southside of West 32" Street and east side of Brown Street. The five (5) year deferral has expired. 2. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1817 (Derrick Bergfield). 6. UTILITY FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, existing sewer main located under building. Contact LRWU for details. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. 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). Please submit plans for the five protection system to Central Arkanss Water for review. Contact Central Arkansas Water regarding procedures for installation of fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Fire sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced 2 April 13, 2006 ITEM NO.: 10 Cont.) FILE NO.: Z-8021 pressure zone backflow preventer shall be required. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) 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 Carroll Keatts at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Fire sprinklers may be required along with fire alarm system and additional fire hydrants. County Planning: No Comments. CATA: A CATA bus route is located north of this site, along Roosevelt Road. SUBDIVISION COMMITTEE COMMENT: (MARCH 23, 2006) Chris Bell was present representing the application. Staff presented the item and noted additional information was needed. Staff asked the applicant to provide the date, time and location of the required two public meetings to be held prior to the Commission meeting and to provide a copy of the newspaper advertisement advertising the meetings. The applicant was asked to provide a signage plan and to show any proposed fencing. Staff asked that any outdoor use area/recreation area be noted. The applicant was asked to locate the dumpster and to describe any proposed site lighting. Staff asked that detailed physical and operational parameters be provided. Staff asked where offenders would come from and what nature of crimes the offenders will have committed. The applicant responded that he would provide all the requested information. Public Works, Utility and Fire Department comments were noted. The applicant was advised to respond to staff issues by Wednesday March 29, 2006. The Committee then forwarded the item to the full Commission. STAFF ANALYSIS: Firetree, Ltd. is requesting approval of a conditional use permit to operate a correctional facility utilizing 24,250 square feet of an existing, 100,097 square foot, 1-3 zoned building. Correctional facilities are one of the uses that require a 3 April 13, 2006 ITEM NO.: 10 (Cont. FILE NO.: Z-8021 conditional use permit in all zoning districts. Section 36-107(13) of the Code of Ordinances establishes the following development standards and review guidelines 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 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. 4 April 13, 2006 ITEM NO.: 10 Cont.) FILE NO.: Z-8021 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. The following information was submitted by Firetree, Ltd. describing the facility and its operations. As shown on the included site plan, Firetree proposes to renovate an existing structure into a facility housing up to 80 male and 16 female clients. The building allows for adequate space to include day rooms, bathrooms, TV rooms, education and conference rooms, dining rooms, kitchen and hall that remain separate from resident rooms. The proposed design ensures that residents are afforded a reasonable degree of privacy by limiting the number of residents in each room and by having closing doors on all sleeping rooms and bathrooms. The facility will meet all ADA requirements. Any resident who is physically challenged has access to all necessary amenities. G� April 13, 2006 11111MAMMOMION(One III FILE NO,; Z-8021 The proposed structure is located in an industrial/light office area on 6.38 acres of land. The property was formerly used as a warehouse facility, and is well suited for renovating into the proposed use. The area surrounding the proposed facility is comprised of industry and office complexes, mainly for Pulaski County local government. Because of the location of the structure on the relatively large lot, there are "buffer" zones surrounding the property from any other adjacent landowners. The property provides plenty of off street parking spaces in an adjacent paved parking lot. In addition, the facility is located conveniently close to an established bus route stop. The proposed facility location is within a reasonable distance of many community resources such as employment agencies, medical clinics, hospitals, mental health providers as well as many other human service organizations. A multitude of potential employment opportunities exist in the nearby areas surrounding the proposed facility from the various industries in the Little Rock area. Although this will be the first Firetree facility in Arkansas, the company currently, successfully operates similar facilities in locations including Philadelphia, Harrisburg and Reading, Pennsylvania and Syracuse, New York. Each of Firetree's facilities has an established Community Advisory Board, which includes prominent members of the local community. The Boards are composed of various community leaders such as ministers, community volunteers, local public officials, and members of local law enforcement. The members of the Advisory Board meet on a quarterly basis to review any concerns the community may have related to the program or its operations. A Community Advisory Board will be established in Little Rock, Arkansas prior to the facility opening in order to immediately address any safety and security concerns. The board will consist of community leaders. Firetree will actively solicit the surrounding industries as well, as this will be a vital key in furthering resident employment. As an integral part of our program operations, facility administrative staff will consult the board on various issues and will request their participation with all of our crime prevention initiatives. Bylaws for the Community Advisory Board will be established during the strategic planning process of the Little Rock facility's development. Firetree has written policies and procedures that outline the system of resident accountability, security inspections and reporting. These policies and procedures are located within the computer system for staff's ease of use. Relevant policies pertaining to residents are disturbed to each resident via a facility handbook and client rules and regulations. Proper monitoring of residents' movements into and out of the facility provides for documented accountability of residents' whereabouts at all times, and eases the retrieval of movement information. The established policies and procedures serve to protect R April 13, 2006 ITEM NO.: 10 (Cont. FILE NO.: Z-8021 offenders, staff, and the public. Security searches of residents and visitors are conducted to ensure the safety of the facility and integrity of the program. Documentation of all accountability is maintained and available for inspection. The facility will maintain alarmed entrances and exits. Cameras will be installed in various locations to assist in the security of the facility. Trained employees will monitor these cameras. Authorized visitors sign a visitor logbook and are required to present proper identification prior to visitation. An authorized visitation list will be maintained by the program monitors and will be updated by the resident's assigned Case Manager. Visitors are subject to searches upon entering and departing the facility. RegScan's Enterprise ManagWm Community Corrections module software has been implemented to provide electronic case management and integrated accountability control for all residents. Enterprise Manager" applies positive accountability controls to each resident, no matter where they are: work, leisure, in -transit transfer, or home confinement. Full auditing and transactional tracking is provided, in addition to operational security for the computer system. In the event of business interruption off-site backups, supplemental battery backups and hard copies are maintained to provide a continuation of accountability monitoring. Case files encompass records of phone contacts, searches, drug testing, disciplinary events, employment history, prescriptive programming and case notes, visits and staff contacts. Digital electronic signatures are gathered and locked to each document the resident signs within the electronic system. As a result of the sign-in/sign-out process, facility staff is able to locate and verify the whereabouts of offenders at all times. The offender is contacted at least twice per day either by telephone or in person, at random times. Staff contacts the offender at work, home, or authorized destination to maintain accountability. Resident sign-in/out records are separated according to whether the resident is in or out. To ensure accuracy of the sign-in/out file, a "physical census sheet" is maintained. The monitor staff will be responsible for conducting a physical census at various times throughout each day. The midnight shift is the exception in that a physical census count is conducted on an hourly basis. Offenders are required to return to the facility from employment before being permitted to sign -out to participate in another approved program activity. The Facility Director may make an exception when travel time or distance is excessive, or when the offender is working unexpected overtime. Under no circumstances is an offender permitted to routinely sign -out for more than 12 consecutive hours daily without returning to the facility. rA April 13, 2006 ITEM NO.: 1 FILE NO.: Z-8021 Other than for employment purposes, an offender must be in the facility from 9:00 p.m. to 6:00 a.m., unless exceptions are made by the Facility Director. These exceptions are reviewed on a case by case basis. The facility will maintain a curfew of 9:00 p.m. In response to questions raised at Subdivision Committee, the applicant submitted the following additional information. Public meetings were scheduled for April 3, 2006 at April 10, 2006. The meetings were at 6:00 p.m. and were held at the Pulaski County Co-op on Roosevelt Road. Advertisement of the meetings was carried in the March 28 and April 4 editions of the Arkansas Democrat -Gazette. The remaining portion of the building not used for the correctional facility will be used for storage and possible warehouse use. No structures are to be torn down. The facility will have no signage. A small, outdoor recreation area will be provided south of the building. No additional fencing will be installed on the site. The dumpster will be located at the rear of the facility and will be screened. The proposed facility is to be operated under contract with the Federal Bureau of Prisons. The contract dates are October 1, 2006 — September 30, 2011. Offenders to be housed at the facility are releasing from Federal prisons or may be direct court commitments from the U.S. Probation Office. The offenders are being released back into the community they came from. The offenders are not from other states or metropolitan areas. The majority of offenders are serving time for federal drug related crimes (transport, manufacture, intent to sell or purchase), federal firearms charges and non-violent federal crimes. The applicant states Firetree, Ltd. has a long standing policy of not accepting sex offenders, arsonists or violent offenders. The parking lot and entrances will be lighted just enough to ensure safety. Firetree, Ltd. will comply with all Public Works, Utility and Fire Department comments and conditions. Additional physical and operational parameters have been provided. The applicant has responded to staff's questions. All required notification has been followed. The proposed facility is appropriately sited based on zoning and uses in the area. There is no bill of assurance issue. To staff's knowledge, there are no outstanding issues. STAFF RECOMMENDATION: Staff recommends approval of the C.U.P. subject to compliance with the following conditions: 1. Compliance with staff comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. Compliance with all applicable Building Codes for conversion of this facility into a correctional facility. April 13, 2006 ITEM NO.: 10(Cont.)FILE NO.: Z-8021 3. The C.U.P. is approved for a five year period to coincide with the contract with the Federal Bureau of Prisons ending September 30, 2011. 4. If Firetree, Ltd.'s federal contract lapses or is cancelled, the C.U.P. is voided. PLANNING COMMISSION ACTION: (APRIL 13, 2006) The applicants were present. There were three objectors present. No letters of opposition had been received. Staff presented the item and a recommendation of approval subject to compliance with the comments and conditions outlined in the "Staff Recommendation" above. Chris Parker addressed the Commission in support of the application. He stated Firetree was competing with City of Faith, a correctional facility in operation at 1401 S. Garfield Street, for the same Federal Bureau of Prisons' contract. He stated Firetree would not accept sex offenders, arsonists or persons convicted of violent crimes. Mr. Parker handed out copies of the index of federal requirements for this type of facility and stated the facility would be operated in the same manner as City of Faith. He discussed some of the facility's operational aspects to assure monitoring of individuals. Mr. Parker stated he had a written confirmation of the commitment from Firetree to have a community advisory board. He discussed the proposed location in relation to the surrounding uses. Judy Green, of the South Little Rock Neighborhood Association, spoke in opposition. She stated that although she felt this was a good plan, she did not feel this was an appropriate location. She stated the neighborhood had enough of these types of uses already. Ms. Green stated she had also heard from residents of the University Park neighborhood who wanted to keep the facility currently operated by City of Faith in their neighborhood. Sarah Facen, of 3003 Cross Street, spoke in opposition. She stated she also agreed this was a good proposal but the neighborhood was overly impacted by these types of uses. Erma Hendrix, a former member of the City Board of Directors and a current member of the State Prison Board, spoke against allowing the facility to be located at this site. Chris Parker stated several neighborhood associations were notified of the two public meetings and only one representative, Ms. O'Neal of the Goodwill Association, came. He stated she was not present in objection to the proposal. 9 April 13, 2006 ITEM NO.: 10 (Cont.) FILE NO.: Z-8021 In response to a question from Commissioner Hargraves, the applicant's realtor Rick Freeling described the process of selecting this site. He stated they looked for a location that would have the least impact on residents. He stated access to jobs and public transportation was also important. Chairman Stebbins asked if the Bureau of Prisons reviewed the location. The applicant responded that the site was reviewed by the Bureau. He stated the Bureau's prime concern was accountability. In response to a question from Commissioner Adcock, the applicant stated there was only one federal contract for this area and that contract was up for competitive bid. Commissioner Allen stated he did not think this was an appropriate location for the facility. A motion was made to approve the application, including all staff comments and conditions. There was a second. In response to questions from the Commission, staff stated they were not aware of any problems at City of Faith's facility and repeated violations of the Ordinance standards could result in revocation of the C.U.P. The vote on the motion was 5 ayes, 4 noes and 2 absent. The motion failed. 10 r�:i1yA NAME: Firetree Ltd. Correctional Facility — Conditional Use Permit LOCATION: 3215 Brown Street OWNER/APPLICANT: Fletcher Realty No. 2, LLC/ Eichenbaum, Liles and Heister, P.A. PROPOSAL: A conditional use permit is requested to allow for conversion of a portion of the existing building located on this 1-3 zoned property into a correctional facility. 1. SITE LOCATION: The site is located on the east side of Brown Street, south of 32nd Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located in an area that is characterized by Institutional and Industrial zoned properties and uses. The large, PCD zoned tract to the north contains several Pulaski County facilities including the Regional jail, county district court; juvenile justice facility and cooperative extension service. The 1-3 and 1-2 zoned property to the west contains the County Road and Bridge Department, animal services and maintenance facilities. Various wholesale supply businesses are located on the 1-2 and 1-3 properties to the southwest and east. The vacant Smoky Hollow plant is located to the east, at Woodrow and 32nd. This facility's parking lot and what appears to be two residential structures are located on the 1-3 zoned property to the south. Fourche Bottoms floodway is further to the south. The proposed use appears to be compatible with uses and zoning in the area. All property owners located within 500 feet of the site, all residents within 300 feet who could be identified and the Midway, LOVE, Goodwill, Wright Avenue and South End Neighborhood Developers Neighborhood Associations were notified of this request. Notice was sent and also posted in the Arkansas Democrat Gazette of public meetings to be held on April 3 and April 10 at the County Co-op on Roosevelt Road. 3. ON SITE DRIVES AND PARKING: Nine (9) parking spaces are located at the front of the building. A seventy- two (72) space parking lot is located south of the building. The parking is sufficient for the proposed use. FILE NO.: Z-8021 (Cont. Transportation is provided by the facility and a CATA bus route is located to the north, at Roosevelt Road. 4. SCREENING AND BUFFERS' No comments, all facilities are existing. 5. PUBLIC WORKS COMMENTS: 1. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. Ordinance #17,857 was adopted at the request of this property owner on November 2, 1998 approving a five (5) year deferral of installation of sidewalks on southside of West 32nd Street and east side of Brown Street. The five (5) year deferral has expired. 2. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1817 (Derrick Bergfield). 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, existing sewer main located under building. Contact LRWU for details. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. 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). Please submit plans for the five protection system to Central Arkanss Water for review. Contact Central Arkansas Water regarding procedures for installation of fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Fire sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced pressure zone backflow preventer shall be required. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic 2 FILE NO.: Z-8021 Cont. 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 Carroll Keatts at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Fire sprinklers may be required along with fire alarm system and additional fire hydrants. County Planning: No Comments, CATA: A CATA bus route is located north of this site, along Roosevelt Road. SUBDIVISION COMMITTEE COMMENT: (MARCH 23, 2006) Chris Bell was present representing the application. Staff presented the item and noted additional information was needed. Staff asked the applicant to provide the date, time and location of the required two public meetings to be held prior to the Commission meeting and to provide a copy of the newspaper advertisement advertising the meetings. The applicant was asked to provide a signage plan and to show any proposed fencing. Staff asked that any outdoor use area/recreation area be noted. The applicant was asked to locate the dumpster and to describe any proposed site lighting. Staff asked that detailed physical and operational parameters be provided. Staff asked where offenders would come from and what nature of crimes the offenders will have committed. The applicant responded that he would provide all the requested information. Public Works, Utility and Fire Department comments were noted. The applicant was advised to respond to staff issues by Wednesday March 29, 2006. The Committee then forwarded the item to the full Commission. STAFF ANALYSIS: Firetree, Ltd. is requesting approval of a conditional use permit to operate a correctional facility utilizing 24,250 square feet of an existing, 100,097 square foot, 1-3 zoned building. Correctional facilities are one of the uses that require a conditional use permit in all zoning districts. Section 36-107(13) of the Code of Ordinances establishes the following development standards and review guidelines for correctional facilities: 3 FILE NO.: Z-8021 (Cont. 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; 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 4 FILE NO.: Z-8021 (Cont. 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. The following information was submitted by Firetree, Ltd. describing the facility and its operations. As shown on the included site plan, Firetree proposes to renovate an existing structure into a facility housing up to 80 male and 16 female clients. The building allows for adequate space to include day rooms, bathrooms, TV rooms, education and conference rooms, dining rooms, kitchen and hall that remain separate from resident rooms. The proposed design ensures that residents are afforded a reasonable degree of privacy by limiting the number of residents in each room and by having closing doors on all sleeping rooms and bathrooms. The facility will meet all ADA requirements. Any resident who is physically challenged has access to all necessary amenities. The proposed structure is located in an industrial/light office area on 6.38 acres of land. The property was formerly used as a warehouse facility, and is well suited for renovating into the proposed use. The area surrounding the proposed facility is comprised of industry and office complexes, mainly for Pulaski County local government. Because of the location of the structure on the relatively large lot, there are "buffer" zones surrounding the property from any other adjacent landowners. The property provides plenty of off street parking spaces in an adjacent paved parking lot. In addition, the facility is located conveniently close to an established bus route stop. 9 FILE NO.: Z-8021 (Cont. The proposed facility location is within a reasonable distance of many community resources such as employment agencies, medical clinics, hospitals, mental health providers as well as many other human service organizations. A multitude of potential employment opportunities exist in the nearby areas surrounding the proposed facility from the various industries in the Little Rock area. Although this will be the first Firetree facility in Arkansas, the company currently, successfully operates similar facilities in locations including Philadelphia, Harrisburg and Reading, Pennsylvania and Syracuse, New York. Each of Firetree's facilities has an established Community Advisory Board, which includes prominent members of the local community. The Boards are composed of various community leaders such as ministers, community volunteers, local public officials, and members of local law enforcement. The members of the Advisory Board meet on a quarterly basis to review any concerns the community may have related to the program or its operations. A Community Advisory Board will be established in Little Rock, Arkansas prior to the facility opening in order to immediately address any safety and security concerns. The board will consist of community leaders. Firetree will actively solicit the surrounding industries as well, as this will be a vital key in furthering resident employment. As an integral part of our program operations, facility administrative staff will consult the board on various issues and will request their participation with all of our crime prevention initiatives. Bylaws for the Community Advisory Board will be established during the strategic planning process of the Little Rock facility's development. Firetree has written policies and procedures that outline the system of resident accountability, security inspections and reporting. These policies and procedures are located within the computer system for staff's ease of use. Relevant policies pertaining to residents are disturbed to each resident via a facility handbook and client rules and regulations. Proper monitoring of residents' movements into and out of the facility provides for documented accountability of residents' whereabouts at all times, and eases the retrieval of movement information. The established policies and procedures serve to protect offenders, staff, and the public. Security searches of residents and visitors are conducted to ensure the safety of the facility and integrity of the program. Documentation of all accountability is maintained and available for inspection. The facility will maintain alarmed entrances and exits. Cameras will be installed in various locations to assist in the security of the facility. Trained employees will monitor these cameras. Authorized visitors sign a visitor logbook and are required to present proper identification prior to visitation. An authorized visitation list will be maintained by the program monitors and will be updated by the resident's assigned Case Manager. Visitors are subject to searches upon entering and departing the facility. FILE NO.: Z-8 RegScan's Enterprise ManagerTm Community Corrections module software has been implemented to provide electronic case management and integrated accountability control for all residents. Enterprise ManagerTM applies positive accountability controls to each resident, no matter where they are: work, leisure, in -transit transfer, or home confinement. Full auditing and transactional tracking is provided, in addition to operational security for the computer system. In the event of business interruption off-site backups, supplemental battery backups and hard copies are maintained to provide a continuation of accountability monitoring. Case files encompass records of phone contacts, searches, drug testing, disciplinary events, employment history, prescriptive programming and case notes, visits and staff contacts. Digital electronic signatures are gathered and locked to each document the resident signs within the electronic system. As a result of the sign-in/sign-out process, facility staff is able to locate and verify the whereabouts of offenders at all times. The offender is contacted at least twice per day either by telephone or in person, at random times. Staff contacts the offender at work, home, or authorized destination to maintain accountability. Resident sign-in/out records are separated according to whether the resident is in or out. To ensure accuracy of the sign-in/out file, a "physical census sheet" is maintained. The monitor staff will be responsible for conducting a physical census at various times throughout each day. The midnight shift is the exception in that a physical census count is conducted on an hourly basis. Offenders are required to return to the facility from employment before being permitted to sign -out to participate in another approved program activity. The Facility Director may make an exception when travel time or distance is excessive, or when the offender is working unexpected overtime. Under no circumstances is an offender permitted to routinely sign -out for more than 12 consecutive hours daily without returning to the facility. Other than for employment purposes, an offender must be in the facility from 9:00 p.m. to 6:00 a.m., unless exceptions are made by the Facility Director. These exceptions are reviewed on a case by case basis. The facility will maintain a curfew of 9:00 p.m. In response to questions raised at Subdivision Committee, the applicant submitted the following additional information. Public meetings were scheduled for April 3, 2006 at April 10, 2006. The meetings were at 6:00 p.m. and were held at the Pulaski County Co-op on Roosevelt Road. Advertisement of the meetings was carried in the March 28 and April 4 editions of the Arkansas Democrat -Gazette. The remaining portion of the building not used for the correctional facility will be used for storage and possible warehouse use. No structures are to be torn down. The facility will have no signage. A small, outdoor recreation area will be provided south of the building. No additional 7 FILE NO.: Z-8021 (Cont.) fencing will be installed on the site. The dumpster will be located at the rear of the facility and will be screened. The proposed facility is to be operated under contract with the Federal Bureau of Prisons. The contract dates are October 1, 2006 — September 30, 2011. Offenders to be housed at the facility are releasing from Federal prisons or may be direct court commitments from the U.S. Probation Office. The offenders are being released back into the community they came from. The offenders are not from other states or metropolitan areas. The majority of offenders are serving time for federal drug related crimes (transport, manufacture, intent to sell or purchase), federal firearms charges and non-violent federal crimes. The applicant states Firetree, Ltd. has a long standing policy of not accepting sex offenders, arsonists or violent offenders. The parking lot and entrances will be lighted just enough to ensure safety. Firetree, Ltd. will comply with all Public Works, Utility and Fire Department comments and conditions. Additional physical and operational parameters have been provided. The applicant has responded to staff's questions. All required notification has been followed. The proposed facility is appropriately sited based on zoning and uses in the area. There is no bill of assurance issue. To staff's knowledge, there are no outstanding issues. STAFF RECOMMENDATION: Staff recommends approval of the C.U.P. subject to compliance with the following conditions: 1. Compliance with staff comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. Compliance with all applicable Building Codes for conversion of this facility into a correctional facility. 3_ The C.U.P. is approved for a five year period to coincide with the contract with the Federal Bureau of Prisons ending September 30, 2011. 4. If Firetree, Ltd.'s federal contract lapses or is cancelled, the C.U.P. is voided. PLANNING COMMISSION ACTION: (APRIL 13, 2006) The applicants were present. There were three objectors present. No letters of opposition had been received. Staff presented the item and a recommendation of approval subject to compliance with the comments and conditions outlined in the "Staff Recommendation" above. Chris Parker addressed the Commission in support of the application. He stated Firetree was competing with City of Faith, a correctional facility in operation at 1401 S. Garfield Street, for the same Federal Bureau of Prisons' contract. He stated Firetree would not accept sex offenders, arsonists or persons convicted of violent crimes. Mr. Parker handed out copies of the index of federal FILE NO.: Z-8021 (Cont requirements for this type of facility and stated the facility would be operated in the same manner as City of Faith. He discussed some of the facility's operational aspects to assure monitoring of individuals. Mr. Parker stated he had a written confirmation of the commitment from Firetree to have a community advisory board. He discussed the proposed location in relation to the surrounding uses. Judy Green, of the South Little Rock Neighborhood Association, spoke in opposition. She stated that although she felt this was a good plan, she did not feel this was an appropriate location. She stated the neighborhood had enough of these types of uses already. Ms. Green stated she had also heard from residents of the University Park neighborhood who wanted to keep the facility currently operated by City of Faith in their neighborhood. Sarah Facen, of 3003 Cross Street, spoke in opposition. She stated she also agreed this was a good proposal but the neighborhood was overly impacted by these types of uses. Erma Hendrix, a former member of the City Board of Directors and a current member of the State Prison Board, spoke against allowing the facility to be located at this site. Chris Parker stated several neighborhood associations were notified of the two public meetings and only one representative, Ms. O'Neal of the Goodwill Association, came. He stated she was not present in objection to the proposal. In response to a question from Commissioner Hargraves, the applicant's realtor Rick Freeling described the process of selecting this site. He stated they looked for a location that would have the least impact on residents. He stated access to jobs and public transportation was also important. Chairman Stebbins asked if the Bureau of Prisons reviewed the location. The applicant responded that the site was reviewed by the Bureau. He stated the Bureau's prime concern was accountability. In response to a question from Commissioner Adcock, the applicant stated there was only one federal contract for this area and that contract was up for competitive bid. Commissioner Allen stated he did not think this was an appropriate location for the facility. A motion was made to approve the application, including all staff comments and conditions. There was a second. In response to questions from the Commission, staff stated they were not aware of any problems at City of Faith's facility and repeated violations of the Ordinance standards could result in revocation of the C.U.P. D FILE NO.: Z-8021 Cont. The vote on the motion was 5 ayes, 4 noes and 2 absent. The motion failed. 10 April 13, 2006 ITEM NO.: 10 NAME: Firetree Ltd. Correctional Facility — Conditional Use Permit LOCATION: 3215 Brown Street FILE NO.: Z-8021 OWNER/APPLICANT: Fletcher Realty No. 2, LLC/ Eichenbaum, Liles and Heister, P.A. PROPOSAL: A conditional use permit is requested to allow for conversion of a portion of the existing building located on this 1-3 zoned property into a correctional facility. SITE LOCATION: The site is located on the east side of Brown Street, south of 32nd Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located in an area that is characterized by Institutional and Industrial zoned properties and uses. The large, PCD zoned tract to the north contains several Pulaski County facilities including the Regional jail, county district court; juvenile justice facility and cooperative extension service. The 1-3 and 1-2 zoned property to the west contains the County Road and Bridge Department, animal services and maintenance facilities. Various wholesale supply businesses are located on the 1-2 and 1-3 properties to the southwest and east. The vacant Smoky Hollow plant is located to the east, at Woodrow and 32"d. This facility's parking lot and what appears to be two residential structures are located on the 1-3 zoned property to the south. Fourche Bottoms floodway is further to the south. The proposed use appears to be compatible with uses and zoning in the area. All property owners located within 500 feet of the site, all residents within 300 feet who could be identified and the Midway, LOVE, Goodwill, Wright Avenue and South End Neighborhood Developers Neighborhood Associations were notified of this request. Notice was sent and also posted in the Arkansas Democrat Gazette of public meetings to be held on April 3 and April 10 at the County Co-op on Roosevelt Road. 3. ON SITE DRIVES AND PARKING: Nine (9) parking spaces are located at the front of the building. A seventy-two (72) space parking lot is located south of the building. The parking is sufficient for the proposed use. April 13, 2006 ITEM NO.: 10 (Cont. FILE NO.: Z-8021 Transportation is provided by the facility and a CATA bus route is located to the north, at Roosevelt Road. 4. SCREENING AND BUFFERS: No comments, all facilities are existing. 5. PUBLIC WORKS COMMENTS - 1 . OMMENTS: 1. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. Ordinance #17,857 was adopted at the request of this property owner on November 2, 1998 approving a five (5) year deferral of installation of sidewalks on southside of West 32" Street and east side of Brown Street. The five (5) year deferral has expired. 2. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1817 (Derrick Bergfield). 6. UTILITY FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, existing sewer main located under building. Contact LRWU for details. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. 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). Please submit plans for the five protection system to Central Arkanss Water for review. Contact Central Arkansas Water regarding procedures for installation of fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Fire sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced 2 April 13, 2006 ITEM NO.: 10 (C FILE NO.. Z-8021 pressure zone backflow preventer shall be required. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) 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 Carroll Keatts at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Fire sprinklers may be required along with fire alarm system and additional fire hydrants. County Planning: No Comments. CATA: A CATA bus route is located north of this site, along Roosevelt Road. SUBDIVISION COMMITTEE COMMENT: (MARCH 23, 2006) Chris Bell was present representing the application. Staff presented the item and noted additional information was needed. Staff asked the applicant to provide the date, time and location of the required two public meetings to be held prior to the Commission meeting and to provide a copy of the newspaper advertisement advertising the meetings. The applicant was asked to provide a signage plan and to show any proposed fencing. Staff asked that any outdoor use area/recreation area be noted. The applicant was asked to locate the dumpster and to describe any proposed site lighting. Staff asked that detailed physical and operational parameters be provided. Staff asked where offenders would come from and what nature of crimes the offenders will have committed. The applicant responded that he would provide all the requested information. Public Works, Utility and Fire Department comments were noted. The applicant was advised to respond to staff issues by Wednesday March 29, 2006. The Committee then forwarded the item to the full Commission. STAFF ANALYSI Firetree, Ltd. is requesting approval of a conditional use permit to operate a correctional facility utilizing 24,250 square feet of an existing, 100,097 square foot, 1-3 zoned building. Correctional facilities are one of the uses that require a 3 April 13, 2006 ITEM NO.: 10 {Cont.) FILE NO.: Z-8021 conditional use permit in all zoning districts. Section 36-107(13) of the Code of Ordinances establishes the following development standards and review guidelines 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: 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; 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. 4 April 13, 2006 ITEM NO.: 10(Cont.)FILE NO.: Z-8021 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. The following information was submitted by Firetree, Ltd. describing the facility and its operations. As shown on the included site plan, Firetree proposes to renovate an existing structure into a facility housing up to 80 male and 16 female clients. The building allows for adequate space to include day rooms, bathrooms, TV rooms, education and conference rooms, dining rooms, kitchen and hall that remain separate from resident rooms. The proposed design ensures that residents are afforded a reasonable degree of privacy by limiting the number of residents in each room and by having closing doors on all sleeping rooms and bathrooms. The facility will meet all ADA requirements. Any resident who is physically challenged has access to all necessary amenities. 5 April 13, 2006 ITEM NO.: 10 Cont. FILE NO.: Z-8021 The proposed structure is located in an industrial/light office area on 6.38 acres of land. The property was formerly used as a warehouse facility, and is well suited for renovating into the proposed use. The area surrounding the proposed facility is comprised of industry and office complexes, mainly for Pulaski County local government. Because of the location of the structure on the relatively large lot, there are "buffer" zones surrounding the property from any other adjacent landowners. The property provides plenty of off street parking spaces in an adjacent paved parking lot. In addition, the facility is located conveniently close to an established bus route stop. The proposed facility location is within a reasonable distance of many community resources such as employment agencies, medical clinics, hospitals, mental health providers as well as many other human service organizations. A multitude of potential employment opportunities exist in the nearby areas surrounding the proposed facility from the various industries in the Little Rock area. Although this will be the first Firetree facility in Arkansas, the company currently, successfully operates similar facilities in locations including Philadelphia, Harrisburg and Reading, Pennsylvania and Syracuse, New York. Each of Firetree's facilities has an established Community Advisory Board, which includes prominent members of the local community. The Boards are composed of various community leaders such as ministers, community volunteers, local public officials, and members of local law enforcement. The members of the Advisory Board meet on a quarterly basis to review any concerns the community may have related to the program or its operations. A Community Advisory Board will be established in Little Rock, Arkansas prior to the facility opening in order to immediately address any safety and security concerns. The board will consist of community leaders. Firetree will actively solicit the surrounding industries as well, as this will be a vital key in furthering resident employment. As an integral part of our program operations, facility administrative staff will consult the board on various issues and will request their participation with all of our crime prevention initiatives. Bylaws for the Community Advisory Board will be established during the strategic planning process of the Little Rock facility's development. Firetree has written policies and procedures that outline the system of resident accountability, security inspections and reporting. These policies and procedures are located within the computer system for staff's ease of use. Relevant policies pertaining to residents are disturbed to each resident via a facility handbook and client rules and regulations. Proper monitoring of residents' movements into and out of the facility provides for documented accountability of residents' whereabouts at all times, and eases the retrieval of movement information. The established policies and procedures serve to protect April 13, 2006 ITEM NO.: 10 [Cont. ILE NO.: Z-8421 offenders, staff, and the public. Security searches of residents and visitors are conducted to ensure the safety of the facility and integrity of the program. Documentation of all accountability is maintained and available for inspection. The facility will maintain alarmed entrances and exits. Cameras will be installed in various locations to assist in the security of the facility. Trained employees will monitor these cameras. Authorized visitors sign a visitor logbook and are required to present proper identification prior to visitation. An authorized visitation list will be maintained by the program monitors and will be updated by the resident's assigned Case Manager. Visitors are subject to searches upon entering and departing the facility. RegScan's Enterprise Manager7rm Community Corrections module software has been implemented to provide electronic case management and integrated accountability control for all residents. Enterprise ManagerTm applies positive accountability controls to each resident, no matter where they are: work, leisure, in -transit transfer, or home confinement. Full auditing and transactional tracking is provided, in addition to operational security for the computer system. In the event of business interruption off-site backups, supplemental battery backups and hard copies are maintained to provide a continuation of accountability monitoring. Case files encompass records of phone contacts, searches, drug testing, disciplinary events, employment history, prescriptive programming and case notes, visits and staff contacts. Digital electronic signatures are gathered and locked to each document the resident signs within the electronic system. As a result of the sign-in/sign-out process, facility staff is able to locate and verify the whereabouts of offenders at all times. The offender is contacted at least twice per day either by telephone or in person, at random times. Staff contacts the offender at work, home, or authorized destination to maintain accountability. Resident sign-in/out records are separated according to whether the resident is in or out. To ensure accuracy of the sign-in/out file, a "physical census sheet" is maintained. The monitor staff will be responsible for conducting a physical census at various times throughout each day. The midnight shift is the exception in that a physical census count is conducted on an hourly basis. Offenders are required to return to the facility from employment before being permitted to sign -out to participate in another approved program activity. The Facility Director may make an exception when travel time or distance is excessive, or when the offender is working unexpected overtime. Under no circumstances is an offender permitted to routinely sign -out for more than 12 consecutive hours daily without returning to the facility. 7 April 13, 2006 ITEM NO.: 10 Cont. FILE NO.: Z-8021 Other than for employment purposes, an offender must be in the facility from 9:00 p.m. to 6:00 a.m., unless exceptions are made by the Facility Director. These exceptions are reviewed on a case by case basis. The facility will maintain a curfew of 9:00 p.m. In response to questions raised at Subdivision Committee, the applicant submitted the following additional information. Public meetings were scheduled for April 3, 2006 at April 10, 2006. The meetings were at 6:00 p.m. and were held at the Pulaski County Co-op on Roosevelt Road. Advertisement of the meetings was carried in the March 28 and April 4 editions of the Arkansas Democrat -Gazette. The remaining portion of the building not used for the correctional facility will be used for storage and possible warehouse use. No structures are to be torn down. The facility will have no signage. A small, outdoor recreation area will be provided south of the building. No additional fencing will be installed on the site. The dumpster will be located at the rear of the facility and will be screened. The proposed facility is to be operated under contract with the Federal Bureau of Prisons. The contract dates are October 1, 2006 — September 30, 2011. Offenders to be housed at the facility are releasing from Federal prisons or may be direct court commitments from the U.S. Probation Office. The offenders are being released back into the community they came from. The offenders are not from other states or metropolitan areas. The majority of offenders are serving time for federal drug related crimes (transport, manufacture, intent to sell or purchase), federal firearms charges and non-violent federal crimes. The applicant states Firetree, Ltd. has a long standing policy of not accepting sex offenders, arsonists or violent offenders. The parking lot and entrances will be lighted just enough to ensure safety. Firetree, Ltd. will comply with all Public Works, Utility and Fire Department comments and conditions. Additional physical and operational parameters have been provided. The applicant has responded to staffs questions. All required notification has been followed. The proposed facility is appropriately sited based on zoning and uses in the area. There is no bill of assurance issue. To staffs knowledge, there are no outstanding issues. STAFF RECOMMENDATION: Staff recommends approval of the C.U.P. subject to compliance with the following conditions: 1. Compliance with staff comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. Compliance with all applicable Building Codes for conversion of this facility into a correctional facility. E-13 April 13, 2006 ITEM NO.: 10 (Cont. FILE NO._ Z. 3. The C.U.P. is approved for a five year period to coincide with the contract with the Federal Bureau of Prisons ending September 30, 2011. 4. If Firetree, Ltd.'s federal contract lapses or is cancelled, the C.U.P. is voided. PLANNING COMMISSION ACTION: (APRIL 13, 2006) The applicants were present. There were three objectors present. No letters of opposition had been received. Staff presented the item and a recommendation of approval subject to compliance with the comments and conditions outlined in the "Staff Recommendation" above. Chris Parker addressed the Commission in support of the application. He stated Firetree was competing with City of Faith, a correctional facility in operation at 1401 S. Garfield Street, for the same Federal Bureau of Prisons' contract. He stated Firetree would not accept sex offenders, arsonists or persons convicted of violent crimes. Mr. Parker handed out copies of the index of federal requirements for this type of facility and stated the facility would be operated in the same manner as City of Faith. He discussed some of the facility's operational aspects to assure monitoring of individuals. Mr. Parker stated he had a written confirmation of the commitment from Firetree to have a community advisory board. He discussed the proposed location in relation to the surrounding uses. Judy Green, of the South Little Rock Neighborhood Association, spoke in opposition. She stated that although she felt this was a good plan, she did not feel this was an appropriate location. She stated the neighborhood had enough of these types of uses already. Ms. Green stated she had also heard from residents of the University Park neighborhood who wanted to keep the facility currently operated by City of Faith in their neighborhood. Sarah Facen, of 3003 Cross Street, spoke in opposition. She stated she also agreed this was a good proposal but the neighborhood was overly impacted by these types of uses. Erma Hendrix, a former member of the City Board of Directors and a current member of the State Prison Board., spoke against allowing the facility to be located at this site. Chris Parker stated several neighborhood associations were notified of the two public meetings and only one representative, Ms. O'Neal of the Goodwill Association, came. He stated she was not present in objection to the proposal. 9 April 13, 2006 ITEM NO.: 10 (Cont. NO.: Z-8021 In response to a question from Commissioner Hargraves, the applicant's realtor Rick Freeling described the process of selecting this site. He stated they looked for a location that would have the least impact on residents. He stated access to jobs and public transportation was also important. Chairman Stebbins asked if the Bureau of Prisons reviewed the location. The applicant responded that the site was reviewed by the Bureau. He stated the Bureau's prime concern was accountability. In response to a question from Commissioner Adcock, the applicant stated there was only one federal contract for this area and that contract was up for competitive bid. Commissioner Allen stated he did not think this was an appropriate location for the facility. A motion was made to approve the application, including all staff comments and conditions. There was a second. In response to questions from the Commission, staff stated they were not aware of any problems at City of Faith's facility and repeated violations of the Ordinance standards could result in revocation of the C.U.P. The vote on the motion was 5 ayes, 4 noes and 2 absent. The motion failed. 10