CITY OF NAPLES STAFF REPORT

Transcription

1 Meeting of 05/13/15 Conditional Use Petition 15-CU3 CITY OF NAPLES STAFF REPORT To: Planning Advisory Board From: Planning Department Subject: Conditional Use Petition 15-CU3 Petitioner: Hazelden Betty Ford Foundation, a Minnesota nonprofit corporation Agent: John M. Passidomo Date: May 13, 2015 REQUEST: 15-CU3 Consider a Resolution determining a Conditional Use Petition, pursuant to Section of the Code of Ordinances, to allow on-site medically supervised residential detoxification services as part of an integrated residential recovery program in an existing treatment center in the D-Downtown District on an approximately 0.57 acre parcel owned by Hazelden Betty Ford Foundation, a Minnesota nonprofit corporation located at th Avenue North. BACKGROUND: The Hazelden Center has operated at the subject property since The current facility includes outpatient, post-detoxification treatment with residential units on the second and third floors, housing up to 47 individuals, with office space and a retail coffee shop on the ground floor. The petitioner wishes to expand the operation of their treatment center to include medically supervised residential detoxification services on-site. Hazelden Naples is making application to the State of Florida under its Department of Children and Families license to add four beds for medically supervised residential detoxification for drugs and alcohol under which patients will live on site in a designated segregated unit with 24 hour registered nursing staff under the direction of a physician. Detox facilities are not listed as permitted or conditional uses in the Code. The property is located in the D Downtown District which lists Hospitals and Medical Offices as permitted uses and Nursing Homes and Transient Lodging facilities as conditional uses. The D Downtown also provides that the City Council may, through the review and approval of a conditional use petition, permit other uses which are similar to and no more intense that those listed in the district. Naples Community Hospital, which is located in the M Medical district, includes substance abuse treatment, including detoxification, as part of the hospital facility. A variance and residential impact statement were previously approved for the site in 2010 to allow a coffee shop to have outdoor dining on private property directly across from a residential area. STAFF RECOMMENDATION: Staff recommends approval of Conditional Use petition 15-CU3. LOCATION: th Avenue North SIZE OF PARCEL: site is approximately 0.57 acres / square footage of the site is approximately 24,829. EXISTING LAND USE: Treatment Facility

2 Page 2 CURRENT ZONING: D-Downtown District PENDING AND/OR SUBSEQUENT ACTION: The Planning Advisory Board (PAB) will hold a public hearing on this petition on Wednesday, May 13, At the close of the public hearing, the PAB will make a recommendation to City Council. The City Council should consider the PAB s recommendation at its meeting on Wednesday, June 3, COMPREHENSIVE PLAN: The subject property is designated Downtown Mixed Use District on the City s Future Land Use Map. This district currently contains a mixture of uses including commercial, heavy commercial, office, cultural, and institutional. The permitted uses in this district will continue to be mixed use with emphasis on residential and commercial uses within the same structure. The primary function of this district is to encourage redevelopment, improve the aesthetics and physical appearance, and provide for a prosperous, viable downtown. Redevelopment themes for this district shall include: 1. Enhance building aesthetics and appearance. 2. Encourage a cohesive and integrated district. 3. Promote pedestrian access and activity. 4. Encourage mixed uses. 5. Emphasize an orderly pattern of circulation for both vehicular and pedestrian traffic. 6. Enhance streetscape in the rights-of-way and medians. 7. Encourage quality urban design including street lighting, landscaping, and consistent signage. The following objectives and policies found in the City s Comprehensive Plan are applicable to this request: Policy 1-2: Unless otherwise permitted in the Comprehensive Plan, new development, redevelopment and reuse shall be consistent with the permitted use and density/intensity of each designation. The proposed inclusion of detoxification in the treatment center is consistent with the density/intensity in the Downtown Mixed Use district. Policy 1-8: The provision of adequate public facilities (as defined by Policy 1.1 of the Concurrency Management System Element) shall be discussed and negotiated with the developer during the development approval process. Adequate public facilities exist for this property. Policy 1-9.3: Sites shall provide adequate parking. The Code of Ordinances shall provide standards which address construction standards, location, design, configuration, dimension and number of parking spaces. The reduction in parking shall result in a commensurate increase in green/open space. The proposed on-site parking for the treatment facility is adequate to accommodate the use. Patients in the detoxification facility will typically be transported to the facility and will not have a car on the premises.

3 Page 3 FUTURE LAND USE MAP Subject Property AERIAL Subject Property

4 Page 4 ZONING MAP Subject Property SURROUNDING PROPERTIES: Zoning Existing Land Use Future Land Use North South East West R1-7.5 Residence D-Downtown D-Downtown D-Downtown District Single Family Home Auto repair shop Auto repair shop and Commercial and commercial commercial Low Density Downtown Mixed Downtown Mixed Use Downtown Mixed Residential Use District District Use District GUIDELINES AND STANDARDS/ANALYSIS: The applicant has applied for approval of a conditional use to allow on-site medically supervised residential detoxification services as part of an integrated residential recovery program in an existing treatment center in the D-Downtown District in order to include detoxification services. Conditional Use: A treatment center is not specifically called out as a conditional use in the D-Downtown District. Code Section (19) states that City Council may, through the review and approval of a conditional use petition, permit other uses which are similar to and no more intense than those enumerated in the list of conditional uses. The petition is subject to the standards for conditional use and residential impact criteria. Section 46-34(d) of the Land Development Code provides the standards for approval of a conditional use. The standards and staff analysis are as follows: (1) Ingress and egress to the subject property and the proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic

5 Page 5 generation flow and control, and access in case of fire or catastrophe, shall be adequate and not potentially detrimental to existing or anticipated uses in the vicinity and particularly not detrimental to property immediately adjacent to the subject site. Ingress and egress to the parcel will not be affected by the addition of the detoxification facility. (2) Off-street parking and loading areas, where required or requested by the property owner, shall be adequate and well-designed, and relate well, in terms of proximity, access and the like, to the uses intended to be serviced, with particular attention to the items listed in subsection (d)(1) of this section and the smoke, noise, glare, dust, vibrations, fumes, pollution or odor effects related to the vehicular use area or the conditional use, and such shall not be detrimental to the adjoining properties in the general area. The proposed addition of the detoxification facility will not result in any increase in square footage to the existing facility. Patients in the detoxification facility will typically be transported to the facility and will not have a car on the premises. Parking in the D Downtown is calculated the same for all non-residential uses at 3 spaces per 1,000 square feet and two spaces per residential unit. It is anticipated that this added use will not increase the number of parking spaces required. No smoke, noise, glare, dust, vibrations, fumes, pollution, or odor effects are associated with the request. (3) Refuse and service areas, with particular reference to the items listed in subsections (d)(1) and (2) of this section, shall be adequately screened so as not to be visible from adjacent properties or a public right-of-way and shall be located in such a way as not to be a nuisance, by virtue of smoke, noise, glare and the like, to adjacent properties. There is an existing dumpster located at the rear of the property along the alley. The addition of a detoxification facility in the existing treatment center will not affect the refuse and service areas. (4) Utilities, whether public or private, shall be adequate and not detrimental with reference to location, availability, adequacy and compatibility. Public facilities and utilities are available and adequate to serve the site and no changes to these facilities are proposed. (5) Screening, buffering or separation of any nuisance or hazardous feature, with reference to type, dimensions and character, shall be fully and clearly represented on the submitted plans and shall be adequate to protect adjacent properties. No nuisance or hazardous features are expected on the property. (6) Proposed signs and exterior lighting shall be considered with reference to glare, traffic safety and compatibility and harmony with surrounding properties and shall be determined to be adequate, safe and not detrimental or a nuisance to adjacent properties. Signage and exterior lighting will not be affected by the addition of this conditional use. (7) A determination shall be made that the proposed development will not hinder development of the nearby vacant properties with a permitted use in the subject zone district. The addition of a detoxification facility will have no external impacts and will not hinder development of nearby properties. (8) The land and buildings which are involved shall be adequate, in terms of size, shape, type of building and the like, to ensure compatibility with the proposed conditional use. The property and the existing facility are adequate, in terms of size, shape, and type of building, to provide compatibility with the proposed conditional use.

6 Page 6 (9) The proposed development shall be compatible and appropriate with respect to adjacent properties and other property in the district and geographic area. The proposed detoxification facility is a typical component of a treatment center. The conditional use will be compatible and appropriate with respect to adjacent properties and other property in the district and geographic area. (10) The collective impact of similar non-residential conditional uses shall not result in a single service district or have a negative effect on adjacent property values. There are no similar non-residential conditional uses in the area. Approval of this conditional use will not result in a single service district and the facility will not have a negative effect on adjacent property values. Residential Impact Criteria Considering the criteria for residential impact statement from Section of the Code of Ordinances, staff finds the following: (1) Illumination. Illumination levels shall not exceed 0.5 footcandle at the lot lines of the subject property. In addition, the standards for illumination set forth in section shall also be met. The proposed conditional use will not affect illumination. It is not anticipated that the illumination levels will exceed 0.5 foot-candle at the lot lines of the subject property. (2) Noise. Physical barriers exist and operation plans are in place to insure that noise levels shall be consistent with those identified in section Businesses with external speakers such as outdoor live entertainment, drive-thru lanes and automotive dealerships, shall take measures to insure that speakers are pointed away from residences and sound is buffered. The proposed conditional use will not affect noise levels in the area. Noise levels will be governed by the City s Code Enforcement Division to ensure compliance with the City s noise ordinance. (3) Parking and access. Parking must meet the minimum requirements and be adequate to avoid any overflow into the residential area. Parking areas shall be situated and buffered to avoid impacting the residential areas. Primary vehicular ingress and egress shall, where possible, be located to avoid conflict with traffic in the residential area. Pedestrian connections with public sidewalks and residential areas are encouraged. The proposed conditional use will not affect parking and access at the facility. Patients entering the detoxification program will be transferred from another location and will not have transportation on-site. (4) Landscape buffer. Landscaping provides adequate screening between the commercial activity and the residential units including buffering noise and the glare from vehicular headlights. Based on the project design and surrounding development patterns, additional landscaping and screening may be required to provide adequate buffering as determined by the city council. Where possible, existing landscaping buffers shall be upgraded to meet or exceed the requirements of Chapter 50, Article III, landscaping and tree protection. The landscaping will not be affected by the proposed conditional use.

7 Page 7 (5) Mitigation of hazardous or adverse impacts. All hazardous or adverse impacts to adjacent residences in adjacent residential zoning shall be adequately addressed in a mitigation plan to minimize or eliminate such hazardous or adverse impacts. The city reserves the right to require additional mitigation when it finds the identified impacts are not adequately addressed. No hazardous or adverse impacts are anticipated to be created by the allowance of a detoxification facility at the existing treatment center at this location. (6) Hours of operation. Where the proposed hours of operation extend to between 9:00 p.m. and 8:00 a.m., security measures shall be taken to insure monitoring of the premises including parking areas. There will be no changes to the existing security at the facility. Security is and will remain ongoing on a 24-hour, seven days a week basis. DEPARTMENTAL COMMENTS: The required City Departments have reviewed the application and no concerns or recommendations were received relative to the application. PUBLIC NOTICE: On April 20, 2015 a total of 98 letters were mailed to all property owners located within 500 feet of the subject property. As of the date of the preparation of this report, no correspondence has been received. Prepared by: Margaret Perry, AICP

8 Site Photo Staff Report 15-CU3 Page 8