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HomeMy WebLinkAbout1225 REDWOOD STREET - MINOR AMENDMENT - 30-02B - DECISION - MINUTES/NOTESPlanning & Zoning Board October 18, 2007 Page 15 Member Smith made a motion to approve 1225 Redwood Street — Minor Amendment, # 30-02B based on the Findings of Fact on page 6 of the staff report. Member Schmidt seconded the motion. Motion was approved 5:0. Other Business: None. Meeting adjourned at 9:05 p.m. Cameron Gloss, Director David Lingle, Chair Planning & Zoning Board October 18, 2007 Page 14 Yvonne Ruth-Longacre, 1550 Blue Spruce is a neighbor to Danielle. There are a large number of children in the area --she believes the rehab center will bring drugs and adversely affect the children in the neighborhood. She asked for clarification of a letter she'd recently received relative to the facility having medically assisted withdrawal. She has concerns about breach of contract —she believes the day care had entered into a three year lease for the facility. How does change of use fit into the fact there may be a breach of contract? Jim Ringenberg, attorney for the Pruess Family Foundation, said he wanted to clarify there is no written lease. He does not think the foundation, who has given significantly to the community, should be placed in a category alluding to breach. He's also comfortable given the discussion so far that reasonable minds can come together. End of Public Input Petcavage reported they have a physican on staff to do a medical review on intake to assess the addict's condition. There are some addictions that are very difficult to withdraw from. If that's the situation, they are referred to another facility. They do not have a medical program per se. Their program is for addicts whose withdrawal does not require medical support. Chair Lingle asked them to address the misconception about being out patient with people coming and going. Petcavage said the patient comes in to do the program. If they need to leave the facility (e.g. an appointment,) they are escorted by staff until they complete the program. When they leave the program arrangements are made for family to pick them up or they are escorted to the airport. Member Schmidt asked what was an accurate representation of cost. Petcavage responded the program is $29,000 whether it takes 3.5 or 6 months. Schmidt asked him to comment on success rates. He replied that every facility struggles. Theirs supports innovation. They want to improve the outcome and reverse this deadly disease and the life problems it creates. Overall, it puts a demand on the field to improve the outcome. Member Smith noted on page 4 of the staff report where it talks about parking, it says minor amendments may be authorized by the Director... comply with the standards of the Land Use Code; is the Board replacing the Director in this case? Director Gloss responded yes. Chair Lingle asked Deputy City Attorney Eckman a general question... he understood the whether there is a lease or not that is the purview of another entity. He did, however, want to know if there needs to be some evidentiary resolution to the tenant's right to do what is being proposed. Eckman said he believes the Code has a provision that allows the Applicant to act with authority of the owner. Attorney for the owner, Jim Ringenberg, stated the owner gives permission to the application. Further, Eckman wanted to stress that issues raised before the City (e.g. Homeowner covenants or leases) are not the purview of the Boards —they are enforced in the courts. If there was a lease, which he believes there is not, and there was a breach —that enforcement would be handled somewhere else. Member Schmidt asked for clarification —once a use has been approved... couldn't it just roll back to the previously approved use? Staff member Shepard responded no —it's not cumulative. Planning & Zoning Board October 18, 2007 Page 13 The program is residentially based and requires clients to remain at the facility. The facility will have 24 hours a day/7 days a week staffing. Member Rollins asked what will be the specific hours of operation. Petcavage responded 24/7. He went further to say the traditional model was 28 days. In this case, they will stay as long as necessary (average of 3.5 months) to complete all steps (detox/withdrawal, life skills courses, and one-on-one counseling.) There is a high staff to client ratio and clients do not leave for appointments without being stringently supervised by staff. Member Wetzler asked if they could slip away --take a break from the program. Petcavage noted the program is completely voluntary and at a fairly significant cost to the client. If they want to leave the program, arrangements are made with family members to pick them up or they are taken to the airport (for out-of-state clients.) If would be rare that they would slip away and come back given the limited access, the staff/client ratio, the program objectives. If they leave and want to come back to the program, there would be an interview to see if the program was still a good fit for them or if their return would be a problem for them or others. Wetzler asked how easy would it be for them to steal away and get a drug fix. Petcavage responded it would not be very easy for a number of reasons, primarily because their money is taken from them while there, there are two exit points that are closely monitored, and they are drug tested at entry and during their stay. Member Schmidt noted this is a private facility (not court ordered) with clients investing time and money in recovery. It's not a half -way house but rather a rehab center. Petcavage agreed. If neighbors have concerns he offered an open door policy —let them know their concerns and given the client's confidentiality and HIPPA constraints, they will work with the neighborhood. Member Schmidt asked how much traffic did they envision from visitors and family. Petcavage expects 82 clients at capacity. Visits will be structured and arranged a week in advance for Sundays and holidays only. They expect average traffic on any given Sunday to be 6 or 7 visitors. Family will be involved more as they get ready to leave the program. Chair Lingle asked if the emphasis for the facility going to be local, regional or national. Petcavage said they would be starting regionally but as time goes by and referrals grow they expect a national mix. Chair Lingle noted the amendment is strictly related to a change of use. He asked for clarification from what to this? Shepard responded the previous minor amendment (from Wing Shadow to current use (as day care)) was not referred to the Board. This amendment is changing it from its current use to what's being proposed. Member Schmidt asked what was the difference between a rehab program and a large group care facility. Shepard said they are defined differently in the Land Use Code. Wing Shadow was a school, a group home, and administrative offices; this use is defined as a long term care facility. Public Input Danielle Kanczes, 1560 Blue Spruce, noted her daughter currently goes to day care at this site. She attended the neighborhood meeting held a couple of weeks ago and she wanted to express her concerns to the Board. She has concerns about the change to a rehab center —she doesn't believe rehab is successful 99% of the time —in fact she knows people who can fool the system. Additionally, she thinks it'll bring crime to the neighborhood —violence and vandalism. She'd rather see it keep its current use. Planning & Zoning Board October 18, 2007 Page 12 voluntary basis, who seek to recover from drug and alcohol addiction in a residential setting. The facility will be professionally staffed on a 24-hour and seven -days -per -week basis. The staff will implement a modified 12-step program. The treatment will consist of three basic components: detoxification and withdrawal, life skills courses, and one-on-one counseling. A licensed physician will supervise the admittance procedure and the facility will not admit clients in need of a medically assisted withdrawal. Such clients will be referred to an appropriate facility. The one-story building contains 20,500 square feet. Any building renovations would be to the interior only. There will be no exterior building modifications or site work. All existing parking will remain. The parcel is 5.5 acres in size and located at the northwest corner of Conifer Street and Redwood Street. The property is zoned Community Commercial — North College. • The proposed land use, Intermediate Health Care Facility is permitted in the C-C-N, Community Commercial, North College zone district. • The P.D.P. as a whole complies with the applicable General Development Standards. • The Land Use Code is silent on most of the operational characteristics of an Intermediate Health Care Facility. The applicant's pledge to meet on a regular basis with representatives from the neighborhood is found to be the most effective and systematic method by which to collaborate on solving neighborhood compatibility issues as they arise. Staff recommends approval. Chair Lingle asked Shepard if from his review he believes it would be an intensification of its' existing use. Shepard said that intensification is a term sometimes associated with traffic. Even comparing intensification of use to a prior like facility (Wing Shadow) is difficult. Wing Shadow's program which included a school and its use followed the school year. In addition, they had approximately 20 youth in a group home. It is likely they had more traffic coming and going than what is expected with A Life Worth Living. Lingle noted occupancy limits would be governed by building standards. Shepard agreed. Member Schmidt asked, 'Where is the closest neighborhood?" Shepard replied the closest neighborhood is to the north —Nokomis P.U.D. To the south and west is vacant land. To the east is an electrical substation. Applicant Glen Petcavage is the representative of a group of Colorado businessmen whose goal is to create a non-profit residential drug rehab program. Statistics show that in Colorado one in ten people have a drug or alcohol addiction. It is the intent of the owners to put a dent in the problem. 1225 Redwood fits their purposes nicely —very little needs to be done internally except to update the fire suppression system. The history of the property's use is: • 1985 New Beginnings Alcohol & Drug Recovery Center • 1993 Jacob Center, a substance abuse program • 1995 Diamond Crest Elder Board & Care Assisted Living Facity • 2002 Wing Shadow program which provided a variety of services for troubled youth The facility will deliver a modified 12-step program. The various steps include: • Detox/withdrawal • Life Skills courses • One-on-one counseling Planning & Zoning Board October 18, 2007 Page 11 on the west, where there may be more intense development, there will be planning for the proper' amount of access for the level of intensity with an adopted access control plan. air Lingle referred to page 44 of the 1-25/SH392 Interchange Improvement Plan —it shows only thre ru lanes. He wondered if we were locking ourselves into something too narrow for CDOT's ultimate Infor 1-25 as seen so far from their lane expansion from Dacono to Hwy 66. Jackson said CDOT is eva ating two packages as a part of their EIS —one is through lanes'With a transit element (bus and/or train nd the other are 1-25 lanes with a transit system on the,B�urlington Northern tracks. Lingle asked if we're m ing on an accelerated schedule would we bd committing ourselves to something that wouldn't w later with CDOT's planning. Jackson/said no —what the Board is approving tonight is a recomm dation to more forward. Eithe /6DOT package determination would be addressed in the final design o he interchange. A recor nendation to move forward does not preclude either CDOT (Federal High Administration approved) option. Additionally the 1601 would include a more fine grain analysis efore design work is completed. Member Schmidt wanted to commend the wof f all those involved in developing the plan. Member Smith said it's a fairly complex#roject but ve well thought out. It's a great plan and he'll be supporting it. Chair Lingle said his concerns a6out bridge design meeting the ng term needs of the region had been relieved. Member Wetzler says is a long needed and exciting project. Member Schmit made a motion that the Planning & Zoning Board recomme approval of the Interstate & State Highway 392 Interchange Improvement Plan. Member Snirth seconded the mo ' n. The motion passed 5:0. Project: 1225 Redwood Street — Minor Amendment, # 30-02B Project Description: This is a referral of a Minor Amendment to convert the existing facility at 1225 Redwood Street into a supervised residential program specializing in voluntary drug and alcohol rehabilitation. The existing building contains 20,500 square feet. The parcel is 5.5 acres, located at the northwest corner of Conifer Street and Redwood Street and zoned Community Commercial — North College, C-C-N. Recommendation: Approval Hearing Testimony, Written Comments and Other Evidence Chief Planner Shepard reported this is a request to convert the existing facility at 1225 Redwood Street into a supervised residential program specializing in drug and alcohol rehabilitation. The project would be located at 1225 Redwood Street. The facility would house clients, admitted on a Chairperson Lingle called the meeting to order at 6:01 p.m. Roll Call: Lingle, Rollins, Schmidt, Smith, and Wetzler Excused Absences: Campana, Stockover Staff Present: Gloss, Eckman, Shepard, Wray, Jackson, Leavitt, and Sanchez -Sprague Agenda Review. Director Gloss reviewed the Consent and Discussion Agendas. Of special note — staff has requested Item # 2, 220 E. Olive Street -Modification of Standards # 27-07 be pulled and an additional condition added (it will be read into the record later.) There were two errors on Item # 3, the Three -Mile Plan for the City of Fort Collins --the adoption dates for the Timnath Comprehensive Plan was June 2007 and the Loveland Comprehensive Plan was 2005. Item # 4, East Skyway Rezoning & Structure Plan Amendment was continued from the September 201h meeting. Item # 6, 1225 Redwood Street Minor Amendment would normally be an administrative review by staff but because of its potential compatibility issues with the neighborhood, it has been referred to the Board. Citizen participation: None Chair Lingle ask members of the audience and or the Board if they wanted to pull any items off the consent agenda. No additional items were moved from the Consent Agenda. Consent Agenda: 1. Minutes from the September 20, 2007 Planning and Zoning Board Hearing 3. Three -Mile Plan for the City of Fort Collins Discussion Items: 2. 220 E. Olive Street— Modification of Standards, # 27-07 4. East Skyway Rezoning and Structure Plan Amendment, #19-07 5. Interstate 25 —State Highway 392 Interchange Improvement Plan 6. 1225 Redwood Street — Minor Amendment, # 30-02B Member Schmidt moved for the approval of the Consent Agenda, which includes Minutes from the September 20, 2007 Planning and Zoning Board Hearing and Three Mile Plan for the City of Fort Collins. Member Wetzler seconded the motion. Motion was approved 5:0.