Approval Sheet

CITY OF GILLETTE
PLANNING COMMISSION

February 27, 2018 7:00:00 PM
Community Conference Room 2nd Floor
201 E. 5th Street, Gillette, Wyoming 82716
(307)686-5281
 
DATE: 2/27/2018 7:00:00 PM
CASE NUMBER AND TITLE:
17.032ZA

Zoning Text Amendment – Group Care Facility

APPLICANT/OWNER:

S48WY1, LLC dba Wyoming Recovery

AGENT:
Lynn Thompson
CASE SUMMARY:

The applicant is requesting a zoning text amendment to define and allow for Residential Care Facilities in the R-2 and R-3 zoning districts.

CASE BACKGROUND:

Wyoming Recovery, a Casper Wyoming based addiction treatment facility, is seeking to provide services to residence 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 staff, it was discovered the definition of “Group Care Facilities” 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 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.

 

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 districts.

 

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.

 

City Staff fully recognizes the need to provide services for an underserved population within our community and seeks to balance this need against the zoning impact of allowing Residential Care Facilities to operate as commercial treatment facilities in residential zoned areas.  If enacted by ordinance, all Residential Care Facilities will be required to meet all parking, site, access, and building code regulations.


CASE REQUIREMENTS:
None
STAFF RECOMMENDATION:

Staff recommends the utilization of the existing “Half-way House” definition as presented which allows for “…a dwelling unit used as [an] alcoholism or drug treatment center.” Such facilities are allowed in C-O and I-1 Zoning Districts.  Staff does not support the proposed definition of “Residential Care Facility” due to the commercial nature of the treatment facility and desires to protect the residential character of local neighborhoods from commercialization beyond a standard permitted home occupation, which is limited to using 20% of the primary residential structure or Group Care Facility as currently recognized by definition of the existing ordinance.  Further the comprehensive plan calls for Neighborhood Single Family and Two Family Residential living in this area.

CASE MANAGER:
Clark Sanders, Planner
TENTATIVE CITY COUNCIL DATE:
March 6, 2018
ATTACHMENTS:
Click to download
Affected Zone District Areas
Halfway House Current Allowed Zoning Districts
4202 Wigwam Blvd and Neighboring Areas
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 Guidlines to Chapter 3 Rule
HLS Rule Chapter 3 Construction
Ordinance