Controversial rezoning receives City Council approval

SPRINGDALE -- The City Council approved a controversial rezoning that would allow the development of a facility that treats young sex offenders Tuesday.

The council voted 5-3 to rezone Sherry Farms at 5060 E. Robinson Ave. from an agricultural district to a general commercial district. The owners of Sherry Farms intend to sell their 32-acre property to Acadia, which seeks to build a new Piney Ridge center. Alderman Mike Overton is an employee of Sherry Farms and abstained from the vote and Mayor Doug Sprouse was the deciding vote.

The vote

How City Council voted on the Sherry Farms request:

Yes – Mayor Doug Sprouse, Jim Reed, Rick Culver, Jeff Watson, Mike Lawson

No – Rick Evans, Kathy Jaycox, Eric Ford

Abstain – Mike Overton

Source: Staff report

A large number of community members turned out to a pair of earlier Planning Commission meetings dealing with the rezoning, but the raucous atmosphere that characterized those previous meetings were quieted by Sprouse's insistence that the vote and discussion should be focused on the lawfulness of the rezoning, not the potential use of the land.

The project will go before the Planning Commission again when Piney Ridge seeks approval for the large-scale development. There is no timeline for when that might occur.

Sprouse said that community members who chose to stand and speak could say what they wanted, but stressed that they should speak only about the rezoning.

However, community members were not deterred from speaking their minds about the potential use of the location, including Habberton Road resident Lori Davis, who was outspoken at the previous meetings.

"We know this is a rezoning hearing, but everyone in the room knows why the property owners want to be rezoned," Davis said. "No one I talked to or myself thinks rezoning will affect property values, it's what it's being rezoned for."

Davis said the location where Piney Ridge would be is within 1.5 miles of several Springdale schools and too close to her home and the homes of others.

"My daughter's bedroom is within 120 feet of [this location]," Davis said. "None of us will be able to leave our daughters home alone if this facility is built in this location. It is truly infuriating that money comes before the residents' safety and peace of mind."

Piney Ridge, which has been at 2805 E. Zion Road in Fayetteville for several years, specializes in housing and treating boys and girls ages 7 to 17 who have sexual behavior issues. The Fayetteville site has 102 beds, but the proposed facility would have 138 treatment beds and 30 group home beds, said Doris Singleton, Piney Ridge CEO.

Once the Springdale location is open, the Fayetteville location will close, Singleton said.

Davis accused Sprouse of misrepresenting the nature of Piney Ridge residents during a conversation they had in July.

Sprouse responded briskly, acknowledging that he had incomplete information when he and Davis spoke in July, but said that there is an inherent American right that both sides be heard and that an alternative opinion is not inherently evil.

Community members challenged the rezoning and argued that Piney Ridge did not fall under commercial district criteria. However, R. Justin Eichmann, the attorney for Piney Ridge, said that facility qualifies as a residential care facility and falls under a general commercial district's cultural recreation and health facility use unit.

The rezoning was first up for a vote during the Aug. 2 Planning Commission meeting, but was tabled because of community members' outcry against the facility.

The Planning Commission approved the rezoning during the Sept. 6 meeting, during which community members were sharply divided, speaking for more than 90 minutes.

Residents expressed fear during Tuesday's council meeting and both Planning Commission meetings that Piney Ridge residents would escape the facility.

Dr. Sam Wallace, director of clinical services for Piney Ridge, previously said there have been 12 runaways at Piney Ridge since 2013. He said in his 13 years with the facility, none of the residents who ran away committed a violent or sexual crime while on the loose. During the meeting, Singleton confirmed there have been more runaways since the planning meeting.

Paul Moore, a former chaplain at Piney Ridge, said the juveniles who are treated at Piney Ridge are victims of sexual abuse and need the care that center provides.

"If you have ever been helped by any caregiver, I ask that you please consider what is being asked for," Moore said. "We need your help to care for the people who are the least of these, who need the most protection and help."

Singleton pledged after the meeting that security measures at the facility will be a top priority.

NW News on 09/28/2016

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