PC Packet 07-19-2011 - Laserfiche WebLink

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underground parking and was approved for three levels of office and two residential condominium units on the fourth floor. VOA plans to renovate the building to accommodate up to 102 persons enrolled in the program at any given time. Currently the contract with the federal government serves 76 persons. VOA would propose finishing the first three floors and preserving the 4th floor for expansion. Inmates would live at the site for approximately 60 days, while they finish out their federal prison sentences. Each inmate would wear a monitoring bracelet at all times and would be completely locked in the facility during the first two weeks of their stay. During the remaining six weeks, inmates would be allowed to leave the facility to look for permanent housing, access health care as needed with an emphasis on addiction and mental health, and search for employment in preparation for their final release. The reentry center would provide the basic necessities of daily living such as shelter, meals, health care, utilities, and personal sanitation facilities. The applicant has indicated the center would consist of dormitory-style living, employee work spaces, and meeting rooms. APPEAL OF STAFF DECISION Zoning Code Section 6-540 lists a variety of specially permitted uses. Section 6-540 (2) (E) lists "clinics, hospitals, sanitariums, convalescent homes, rest homes, nursing homes, orphanages, and similar institutions provided that all main buildings are not less than fifty feet from any adjoining premises in a residential district not used for a similar purpose". The applicant maintains that their proposed residential re-entry center is a type of "hybrid" institution that is similar to a clinic, hospital, sanitarium, convalescent home, rest homes, nursing home, and orphanage and that they should be permitted to apply for a Special Use Permit. Staff evaluated the various land use characteristics of all the uses listed in Section 6-540 (2) (E) to determine if there were similarities. During this evaluation, staff created a matrix of land use characteristics (attached) to gain a greater understanding of how many of those characteristics is shared with all the uses listed in the Section and whether VOA's proposed use is similar in nature. Staff identified 17 different types of potential land use characteristics. In general, the specially permitted uses share an average of eight land use characteristics. Based on the information VOA provided, staff concluded that the proposed reentry facility shares (at best) only four of these characteristics. As a result, staff concluded that the proposed residential reentry center did not share enough similar land use characteristics and informed the applicant they could not apply for a Special Use Permit. This determination was based on the following summary points: • Most of the uses listed provide a primary service that is medical related. While VOA's use does provide access to medical care, it is by no means its primary function. More importantly, it is our understanding that most of the medical care is provided off-site by other vendors or public agencies. • Most of the listed uses provide services the local community could use. VOA has emphasized that they are self sufficient, would not rely on City services, and only provide services to their inmates. Staff does not believe the VOA facility provides services that can be used by New Brighton residents. In fact, the facility serves federal inmates exclusively. • Most of the uses generate a fair amount of employment and visitors to the community, which is essential to the downtown area and community gateway designation the Comprehensive Plan acknowledges for this corner. VOA's use may generate some employment but it is not likely to generate visitors to the area. • Most of these specially permitted uses are complimentary and compatible with the uses that have developed in the MX District. VOA's model of self-containment is somewhat