Agenda Date: 02/17/2015
Subject:
Title
Ordinance on second reading approving the rezoning of property known as 2135 West Chenango Avenue from I-1 to PD-I and the Arapahoe County Residential Center General Planned Development Plan.
Body
Presented By: |
Glen Van Nimwegen, AICP, Director of Community Development |
POLICY QUESTION:
Does city council support the proposed rezoning which would allow an existing conditional use, community corrections facility, as a permitted use on this site?
BACKGROUND:
The applicant, Arapahoe County Residential Center (ACRC), is requesting to rezone a 3.5-acre parcel at 2135 West Chenango Avenue. The property has been owned by the applicant since 2005 and zoned I-1, Light Industrial. Community corrections facilities are permitted in the B-2, B-3, I-1 and I-2 Districts under a conditional use approval required to be renewed every five years.
In 1987, ACRC originally received a conditional use approval for its correctional facility, which was formally in motel buildings at 5075-5095 S. Santa Fe Drive. ACRC continued to receive renewals at that location until 2005 when the facility was relocated to its present location. The change in location required a new conditional use approval be granted which occurred on April 15, 2005, with the condition that the maximum number of residents not exceed 206 and the residents shall only be female offenders on work-release status and shall not be convicted sex offenders or persons who present an imminent threat to the community.
ACRC's conditional use approval was renewed in 2010 with the same conditions and is scheduled for renewal in March 2015.
STAFF ANALYSIS:
Project Description:
ACRC has maintained an excellent reputation in Littleton for the past 28 years violating no conditions or requirements of its conditional use. During this span of time, the Planning Board held public hearings and granted renewals for ACRC. There has never been public opposition and ACRC has always received excellent references from the county community corrections board and local law enforcement officials such as the Arapahoe County Sheriff and Littleton Police Chief. The city code previously required renewals every two years; however, in 2005 Planning Board recommended that the requirement be increased to every five years to lessen the hardship on ACRC.
ACRC plans to continue as a correctional center providing housing and supervision of offenders on work-release status in compliance with the conditional use approval. ACRC accepts women referred by the courts or prison system, and who are screened through the Arapahoe County Community Corrections Board. Due to its previous commitment to the city, ACRC does not accept sex offenders or persons who present an imminent threat to the community.
City code section 10-8-2(J) states the conditions which must be met for a community corrections facility to obtain approval of a conditional use. One condition is that the facility cannot be within 500 feet of a school, daycare center, playground or a park which includes playground equipment. At its present location, ACRC has had no issue meeting this requirement. However, South Suburban Parks and Recreation (SSPR) plans to develop the public open space property north of this site to include a play area for children. This will present a conflict for ACRC obtaining future conditional use renewals since it cannot comply with the condition. SSPR staff has the same concern as it is not the district's intention to create a hardship for ACRC, but would like to proceed with the park development. With its longstanding positive reputation, ACRC desires to secure assurances that its facility may continue operating at its current location.
ACRC is requesting the site be rezoned to PD-I with approval of a Planned Development (PD) Plan, which allows community corrections facility as a permitted use by right. The PD Plan specifies the previous conditions as standards which must be met by ACRC or any other corrections facility occupying the site. The standards specify:
1. The total number of residents shall not exceed 206.
2. The residents shall only be on work-release status and shall not be convicted sex offenders.
3. Full-time supervision of the residents must be provided on site.
4. A contract or agreement to provide services to a judicial district, a correctional department of a unit of a local government, the State, or Federal Government shall be maintained. All state and county permits as required for operating such a facility shall be kept in full force and effect.
Approval of the rezoning and PD Plan will enable ACRC to continue its service without the requirement of obtaining renewals every five years. The PD Plan also specifies that along with the community corrections facility, all other uses as permitted in the I-1 District shall be allowed.
Consistency with the Comprehensive Plan:
Section 10-12-1 of the city's zoning ordinance requires that zoning amendments be consistent with the goals and policies of the comprehensive plan and promote the general welfare of the community. The goals and policies of the Citywide Plan do not address an existing institutional use such as this one. However, it is staff's opinion that the proposed rezoning is consistent with the following vision statements of the plan and promotes the general welfare:
City Wide Plan:
· Be home to people of all ages and backgrounds
· Value livability, diversity, and progress
· Value the importance of its citizens and its natural resources
The facility provides a transitional supervised living situation and services for those progressing from the penal system back to society. This facility has successfully operated in this location for ten years providing comfortable living quarters in a secured building. The residents work at nearby businesses and volunteer at the adjacent animal shelter. The location of the correctional facility in this light industrial neighborhood preserves the quality of life in the residential neighborhoods within the city.
Centennial Neighborhood Plan:
The goals and policies of the Centennial Neighborhood Plan mainly focus on the retail, commercial and residential areas south of West Chenango Avenue and west of South Santa Fe Drive. The industrial area where this facility is located is not mentioned. However, allowing the existing correctional facility to continue at this location does not conflict with the goals and policies that speak to preserving the character of the neighborhood and buffering between residential and commercial neighborhoods.
Promotes the general welfare of the community:
The proposed rezoning will promote the general welfare of the community by continuing the use of the property as a community corrections facility providing a safe and secured supervised living program for those transitioning back into society. Allowing this facility in a light industrial neighborhood preserves the quality of life in the residential neighborhoods within the city.
Planned Development District:
Section 10-2-23(E) (4) (a) of the city code states that the city council shall base its decision on the conformance of the proposed plan with the stated intent of the Planned Development District:
10-2-23(A): Intent: The Planned Development (PD) District is hereby created to promote the public health, safety, and general welfare by allowing more flexible development based upon a comprehensive, integrated plan.
10-2-23(B): Application and Intent: Further, in the application of this section it is the intent of the city council to:
1. Encourage more creative and effective use of land and public or private services, and to accommodate changes in land development technology so that the resulting economies benefit the community.
· The facility provides a valuable service to a particular sector of the population.
2. Encourage innovation and efficiency in residential development to meet the growing demands for housing of all types and designs for persons of any social or economic status.
· The facility provides a safe and secured supervised living program for those transitioning back into society.
3. Encourage innovative development or redevelopment of all land uses to meet the contemporary needs of the community by providing for a greater variety and mix of uses including those which may coexist on the same parcel or within the same building as shown on an approved general PD Plan.
· The facility provides housing, assistance and programs to a particular sector of the population.
4. Provide a process, which relates the design and development of a site to the particular characteristics of the site.
· The facility is on a developed site which adequately serves it needs. Additional property north of the facility is under the same ownership and available for future expansions, if needed. The facility is in a light industrial area not affecting existing residential homes.
5. Require that the nature and intensity of development be supported by adequate utilities, transportation network, drainage systems, and open space to serve the development, and to minimize impacts on adjacent existing and future development.
· The facility is in a developed area with adequate utilities and roadways serving the site.
6. Encourage development that is consistent with the policies and guidelines established in the adopted comprehensive plan for the area and the city.
· See justification under "Consistency with the Comprehensive Plan."
PLANNING BOARD RECOMMENDATION:
On January 12, 2015, the planning board reviewed the proposed rezoning and general planned development plan. After considering the testimony, the board voted 4 to 2 to forward a recommendation of approval to council. The vote was not unanimously in favor because two board members expressed concerns that the approval will not restrict the facility to female residents only.
Planning Board Resolution No. 02-2015 reflects the planning board's recommendation.
FISCAL IMPACTS:
No expansion of the existing building is proposed. Capital facility impact fees will be collected when a building permit is issued for any additional floor area.
STAFF RECOMMENDATION:
Staff finds that the proposed rezoning complies with the vision statements of the city's comprehensive plan and does not conflict with any of the goals and policies of the Citywide Plan and the Centennial Neighborhood Plan. Staff finds that the rezoning promotes the general welfare of the community and the proposed planned development plan meets the criteria for the Planned Development District. Staff recommends approving the ordinance on second reading.
PROPOSED MOTION:
Proposed Motion
I move to approve on second reading the ordinance approving the rezoning of property known as 2135 West Chenango Avenue from I-1 Light Industrial District to PD-I Planned Development Industrial District and the Arapahoe County Residential Center General Planned Development Plan.