Approval Sheet

CITY OF GILLETTE
201 E. 5th Street
Phone (307)686-5200
CITY OF GILLETTE


www.gillettewy.gov

 
DATE: 3/6/2018 7:00:00 PM
SUBJECT:
An Ordinance Approving and Authorizing a Zoning Text Amendment to Provide for Residential Care Facility as a Permitted Use Within the City's R-2, Single and Two Family Residential District, and R-3, Single and Multiple Family Residential District; Subject to all Planning Requirements.
BACKGROUND:

Wyoming Recovery, a Casper Wyoming based addiction treatment facility, is seeking to provide services to residents of the City of Gillette.  Their mission is “to provide addiction treatment of high quality and moderate price, across the spectrum of severity of illness and levels of care; and given Wyoming’s sparse population, to creatively adapt [their] services to meet the diverse need of communities.”

 

Wyoming Recovery, with the assistance of a local real estate agent, carefully selected a residence at 4202 Wigwam Boulevard which is ideal for the services they desire to provide.  Upon researching the City of Gillette Zoning Regulations and coordinating with City staff, it was discovered the definition of “Group Care Facilities” that are allowed in R-2 and R-3 zoning districts restricted such facilities to “not for profit,” and the number of clients allowed in Group Care Facilities is limited to six (6) clients, which is below the minimum number of clients Wyoming Recovery intends to serve. Based upon the descriptions provided by Wyoming Recovery, with the certification by the State Department of Health as well as The Joint Commission Accreditation, the operation is of a commercial and medical nature with trained medical staff being present for portions of check-in as well as other times throughout treatment for drugs and alcoholism.  The services rendered by Wyoming Recovery aligns more closely with the current definition for a “Halfway House” which includes “alcoholism or drug treatment center.”  We recognize the definition for a Halfway House also implies the facility is being an alternative to incarceration, which we also acknowledge is not the case for all of Wyoming Recovery’s clientele, but could be for some clientele.

 

Section 16 Definitions item jj. Halfway House is defined as follows:

 

            “a facility or dwelling unit used as a work release facility for convicts or ex-convicts, alcoholism or drug treatment center, or other housing facilities serving as an alternative to incarceration.”

 

A “Halfway House” is allowed in a C-O, Office or Institution District, or an I-1, Light Industrial District as shown on the attached map.

 

Though acceptable in the above-mentioned districts, Wyoming Recovery has applied for a zoning text amendment to define and allow for Residential Care Facilities, a new definition, in an R-2 and R-3 zoning district.

 

The new definition would amend Section 16. Definitions and create a new definition as follows:

 

gggg. RESIDENTIAL CARE FACILITY: A Residential Care Facility may not house more than eight (8) individual clients and up to two (2) supervisors in the R-2 and R-3 zones.  A Residential Care Facility must be licensed by the State of Wyoming. Residential Care facilities can provide 24-hour services to residential and out-patient clients in accordance with State law and accreditation standards to eligible adults who are recovering from problems related to alcohol or other drug misuse and abuse.  Such services include detoxification, group therapy sessions, individual counseling sessions and recovery treatment planning. All buildings and grounds shall adhere to current adopted building code requirements.  No Residential Care Facility may house any person whose residency would constitute a direct threat to the health and safety of other individuals.

 

Also, to include the following:

 

      Section 6.e.(2) item (v), Residential Care Facility.

      Section 6.f.(2) item (u), Residential Care Facility.

 

To allow for “Residential Care Facility” as a permitted use in R-2 and R-3 Zoning Districts.

 

A zoning text amendment affects all zones as defined within the City corporate limits.  More specifically, this zoning text amendment will affect all R-2 and R-3 zones as indicated on the attached map.  If approved, the new definition would allow Wyoming Recovery to purchase and occupy 4202 Wigwam Boulevard and similar facilities to be located in all R-2 and R-3 zones.

 

Wyoming Recovery, as well as the Seller of the property, have provided letters of support from (3) neighboring property owners or operators as well as from Personal Frontiers and the Adult Treatment Courts of Campbell County.  The attached map indicates the location from which the letters of support were received.  Also identified are the properties that have called City Planning in objection to the proposed text amendment.

 

City Staff fully recognizes the need to provide services for an underserved population within our community.  Nevertheless, we also seek to balance this need against the zoning impact of allowing Residential Care Facilities to operate as commercial treatment facilities in residential zoned areas, and therefore staff does not support the zoning text amendment. 

If enacted by ordinance, all Residential Care Facilities will be required to meet all parking, site, access, and building code regulations.

 This case was not approved by the Planning Commission with a vote of 0-5 during their February 27, 2018, meeting.

ACTUAL COST VS. BUDGET:
SUGGESTED MOTION:
I move to Approve an Ordinance Approving and Authorizing a Zoning Text Amendment to Provide For Residential Care Facility as a Permitted Use Within The City's R-2, Single and Two Family Residential District and R-3, Single and Multiple Family Residential District. Subject to All Planning Requirements.
STAFF REFERENCE:
MAP - Heath VonEye, P.E., Development Services Director
ATTACHMENTS:
Click to download
Vicinity Map
Affected Zone District Area
Halfway House Current Allowed Zoning Districts
4202 Wigwam and Neighboring Properties
Letters of Support from Neighbors
Letter of Support from Personal Frontiers
Letter of Support from Adult Treatment Courts
Letter of Support from Patricia Nesbit
Joint Commission Accreditation
Department of Health Licensing
Department of Health Jurisdiction Delegation
HLS Guidelines to Chapter 3 Rule
HLS Rule Chapter 3 Construction
Unapproved Minutes from Feb. 27, 2018 Planning Commission Meeting
Ordinance