Board of Zoning Appeals - Regular Meeting

That's really Good afternoon. I'm Frank Martin, planning commission chair. Welcome to the November public hearing of the city's planning commission. This meeting is being broadcast via YouTube. Please make sure the sound and all electronic devices is turned off during the meeting. If you wish to speak to any matter, the chair will recognize you in turn. When recognized, speaker should approach the podium. Each speaker must state his or her name and residential address so that the commission secretary may record the proceedings accurately. Please plan to limit your comments to three minutes each. You're encouraged to make new points and offer new content rather than repeated points in the day. If there is no sharing or transferring All right. oppose. No motion carries. Approval of minutes. Uh please uh measure commissioners may have a motion.

So moved and seconded. All in favor please say I.

I post no. And the motion carries. We now move to unfinished business. This is the application by Mark Rono to reszone the property located at 560 value Boulevard Northwest official tax number 2490111 from CG commercial general district to input institutional planned unit development district subject to the development plan that specifies uses locations of buildings and infrastructure in site design because I as Frank Martin chair of planning commission must recuse myself on this item. The body will need to elect a chair pro Tim to preside during this portion of the meeting. Are there any nominations for chair prom?

It's been moved. Moved. May I have a second, please? Second. Been moved and seconded. All in favor, please say I. I.

I. Oppose. No. Okay. I have a statement that I need to read though for the record. Frank Martin state that I have a personal interest in agenda item 4. A regarding 560 valu because I represent the applicant and my practice in commercial real estate. Therefore, pursuant to Virginia code 2.2-3112 and 2.2-3115, I hereby make the following statement. I must refrain from participation in this matter. I ask that the secretary of the planning commission accept the statement and request that be made part of the minutes and meeting. Okay. I have an interest in this matter because as I said I represent the applicant. However, I'm one of the many this doesn't apply. So I just want to mention that part of it. I'm getting a nod from our attorney. So yeah, we'll get that. All right, James, it's yours. I'm going to go right over here.

Okay. All right. This is uh I was drew the short stick on this one and so I will be deferring and ask you'll see me looking over staff quite a bit on this uh for guidance on the procedures. Um but I do have a very nice agenda here to work from. Uh is the applicant present? Please state your name and residential address so the sec to so the secretary to the commission can record the matter accurately.

Good afternoon members of the planning commission. Ben Crew with Paulser and Associates agent on behalf of this request. And from a procedural standpoint um we we opened the public hearing uh last time at the last meeting. Um and so appreciate the opportunity to share a little bit um before we get into the rest of the public hearing. So um two gentlemen are here with me today. A little bit of feedback on here. side. Um, two gentlemen are here with me today. Uh, we uh Lois, who's the owner, and then Michael Roststein, um, who's the consultant on the project. Um, so obviously they've contributed in a handful of ways as part of the amended application number one that's before you this afternoon. Um, so, you know, this project's been heard at the work session multiple times. Um, and as you know, we, uh, last month requested a continuance. So, we had some other opportunities to um either hear feedback from the neighbors, make contact with various folks related to the project, and understand any concerns or items that we could talk through um as we move this forward. So, we've taken those 30 days, we've done a little bit more due diligence, had some additional contacts, and we're excited to be with you all um this afternoon. And so, um, you know, important to note this is amended application number one, um, that talks through a few of the details that were provided by staff, um, and you all during your work sessions to get to this point. And so, you know, this particular resoning is a bit unique where there's very limited site work associated with it, very limited development work on the outside of the building. Um, we're proposing a tremendous amount of work on the inside as it needs to be renovated and updated for the proposed use. um you know handful of items outside about you know complete streets um including sidewalk on Valley View Drive where it doesn't exist today providing some other connectivity to the building um is very part of the very limited site work um

that we're proposing with this project and so um you know the majority of this conversation has been um surrounded by use and so I'm going to let the two gentlemen share a little bit more about that one a little background from the ownership about where they've in um the history of the project and what what they're proposing at this time. Um and then I'd like to hear I'd like for uh Michael to share a little bit about the proposed use and kind of reemphasize what we've shared within the narrative um so that you all can uh consider that today make sure that we have any misnomers um that are set to the side and what we're proposing and only what we're proposing as part of the project. And so with that I'll ask to come up. Uh, good afternoon. Uh, my name is Wen Luwasus, 4700 Southwest, 82nd Street in Miami, Florida. Um, so first of all, thank you for the audience. Um, what I I come here to do is to see if we can bring some life back into that medical facility that we've had there for I think it's been there now almost two decades. It was originally Virginia Premiere when I acquired it back in 2016 and since then New Horizons came into the uh into the uh into the facility and they were there for about a year on their own as a sublet to Virginia Premiere. Uh after Santara had taken and and purchased Virginia Premiere, we uh at Mar Rowan Oak had subsidized in hopes that uh Virginia that uh New Horizons could take over the entire facility because they were only occupying about half the space. They were subh subleting that property. We uh did that for about

a little over a year. Unfortunately, they didn't get their grants that they were hoping to get to continue what they were doing there, which was a alcohol. Um, they were also doing substance abuse. They were doing a little mental health and they also had some general medical practices there for the low-income folks um that they had coming in there as their patients. Um, since then, we've had very little interest in the property. We had u an interest during the time that Virginia that uh New Horizons was there which was didn't really work with the current at the time what the current use was at the property. So we decided to bypass that option which was a uh a dispensary and since then we've really had very little. So we kind of tried to figure out what was the best use and and I think the best use was the original use. it was a alcohol and a medical medical facility in there. Um and and I think it made sense when we were looking or when I was looking through the 2040 uh the city of Rono 20 240 plan because it it met those it really met those needs. It it um same as a Williamson Road area neighborhood plan. It was you know part of that plan was to give access to health and support services. That's something that facility was doing for years and it has not now for about a year due to funding and grants that were not uh renewed um in the area I think and part of the plans was to convert underperforming commercial space and that property has been obviously underperforming. It's been vacant and with very little to any interest in that space. Um and and kind of turn that into something that's economically viable. um part of in reading the uh Williamson Road area neighborhood plan, it talked about adaptive and diverse approach, you know, to to changing markets. And I

think the market there is just it's it's either too big for it to just be strictly retail and and certainly I think removing the use that it's had for so many years and helping those folks that have been benefiting for those services would be detrimental for that area. Um, and finally, really just to add, you know, some economic opportunities for those folks that would be there. I mean, there would be certainly we'd have the professionals, but we'd also have folks that would be doing maintenance on the property. Obviously, we would rebuild it, so we'd have to be doing uh there'd be construction, there'd be regular maintenance, there would be food people. So, it would be I think it would be a great economic uh boost for that little area there. Um, if you don't have any other questions, I don't really have more. I just want to introduce myself um Michael Roststein which is coming up. He he will be able to give you more specifics about the program. Does anyone have any questions?

Thank you. Thank you.

Good afternoon. My name is Michael Rothstein. R O T H S T E I N. My home address is 9431 Ballard Green Drive. That's in Owens Mills, Maryland 21117. I am the owner and chief operating officer of Genuine Care Consulting. We are a licensing, credentiing, and billing company that helps uh drug and alcohol treatment centers from the beginning all the way through while they're open. Uh we have licensed and helped operate over 20 facilities, three of which are in Virginia. Uh the remainder are in Ohio, Maryland, and Delaware. I'm here today to uh talk a little bit about what the proposed use is here. Um I'm going to use some acronyms and so if there are questions, we usually try and give a full scope, but I'm happy to answer any questions either as I go or at the end. [clears throat] Uh the two levels of care that will be operated here when we say inpatient drug and alcohol treatment center are ASAM levels 3.7 and 3.5. That's the American Society of Addiction Medications. So those are inpatient treatment programs for people that have a drug or alcohol use disorder. Uh the way that that works in the state of Virginia is first you need a national accreditation. So we use KARF which uh is a certification of rehabilitation facilities. It is a international organization that reviews policies and procedures the actual layout of the facility to make sure that it is in compliance with its regulations to operate a drug and alcohol treatment center. Uh once we obtain the national accreditation, we would then apply to DBHDS which is the licensing body in Virginia um that handles all SUD and mental health SUD substance use disorder and mental health licenses. Involved in those processes are a full review of our policies and procedures, our staffing patterns to make sure that we have the right credentialed staff for the amount of proposed residents there. They're looking at uh fire inspections, things

like that to make sure that we are set up to serve the people. Uh once we have state license, we are approved to operate that level of care or those two levels of care. Um there is a process to get u credentialed with Virginia Medicaid as this facility will be taking Virginia Medicaid in the subsequent MCOs's. So just so everyone understands that timeline process post construction everything's done is usually about a 6 to9month process to go through all those accreditations in order to be able to treat our first patient. Um so I'd like to talk a little bit about what that looks like for a client coming into um our care. Uh so as I mentioned this is for drug and alcohol abuse. So, a client would either be referred to us from a family member, from themselves, from a hospital, someone that needs an inpatient treatment, meaning they're currently abusing a substance and they need a medical detox combined with me the uh therapy that goes along with the counseling. So, we have a preassessment that's approved by the state and the national accreditation body to review the client's history to make sure that they are a fit for our care. So, I'd like to outline a couple things that we would not be accepting at this facility that we would use referral partners to. That would be primary mental health. So, if we're talking severe schizophrenia, things like that, we would not be equipped to handle that. We would work with mental health providers in the area. Um, we do not accept um violent offenders. So, this is not a drug court or a court uh mandated program. uh and we also use uh resources in the state of Virginia to refer those clients to places that are better suited to take care of them. Once they answer their questions, it's reviewed both by the medical director and the clinical director to make sure that they meet their needs. Uh once we've identified that, we arrange transportation for the client. These clients are under the influence so they do not drive themselves to the facility. Clients come two primary ways. Well, three actually I

should say. One is with a family member if that's a trusted sober family member that can bring them. The second would be um our transportation driver. So if someone's at home or in a not so safe place and they need some uh someone to drive them, we would send one of our drivers out there in a company van to pick them up, bring them to the facility. And the third is Medicaid offers a cab service and Medicaid pays for transportation safely of the client from their residents to the facility. Uh so there are no cars coming in and out from clients. This program is designed to be 21 to 28 days in length of stay per client. Uh that is determined by the medical director and the clinical director. So if they're on a substance that requires a longer medical taper like alcohol or bzzoazipines like Xanax, they need a longer medical taper to avoid seizures. Uh if it's something else like opiates, it's usually a shorter because there is not the risk of seizure, but they still need medications. So after they have done that um once they come in they are met with their clinician they have met with their medical director they're now given their treatment plan on intake we are already arranging for a safe place for them to go upon completion. So we work first in the surrounding areas to make sure clients have a safe place to go when they discharge. Um if not sometimes a relocation to another place because home's not a good place you know they say change um you know family things like that we want to put them into a safe place. The day-to-day will look as follows. Again, as I mentioned, clients are not free to come and go as they please. Uh there are no outside visitors. So, this is uh for all intents of purposes like a hospital that does not allow visitors. You think maybe like a terminally ill patient where they would not allow outside visitors in. Uh in their next levels of care where they get referred to, that's when we would reinact families, but here there's no comingings and goings. Uh they have breakfast that's provided for by uh a chef on site. So, we'll either do catering or we'll do chefs on site. So breakfast, lunch, and dinner are taken care of for the clients. Laundry is

taken care of by the uh facility for the clients. We want them to spend as much of their time in groups and with their doctors. So a day would look like 7:00 a.m. they would wake up, they would have breakfast. There is 247 nursing and there is 7-day a week doctor coverage there. So there would be morning rounds, morning medications, checking vitals, things like that. They would go into group therapy then by a licensed clinician. They would then meet with a case manager or their individual therapist to work on their treatment plan, what their goals are while they're there, and to begin to start to plan for their discharge. Lunch, afternoon activities are the same, another group meeting with medical, meeting with case management, dinner, and then there's usually an activity. There's a, you know, whether it's a clinical activity or board games, watching TV, things like that, and then it's lights out by 9:00 and they're back in their room safely. Um, see what else I can tell you about the day-to-day. Uh, that's primarily it as far as that. I know that I covered a lot and I may not have answered everyone's questions that might be in their heads. So, I'm happy to stand up here and answer if that's how this proceeding works or I'm I'm happy to sit back down and then come up if need be.

Is there any opportunity for outdoor recreation? Doesn't look like there's much. I believe that's part of the proposed uh buildout to the property. So, I'll let Ben speak to that and then I can tell you about outside use. It's wondering where I put my phone. There it is.

Um, yeah. So, if you look at the map, there's a blue area in the back. Um, that's basically a fenced off area adjacent to the building. Um, that was a comment. I appreciate you asking the question. That was a comment that was provided. Is there outdoor activ outdoor options for this? Um, and that's a small area behind the building that's fenced in but access from the inside of the building. Um, and you know, there's no access out to the parking lot, any of those type areas. That's a that's a um safe space that they can go and get some fresh air or smoke. That's correct. Yes.

Correct. No, I was just saying since there's, you know, it's a it's a you know, wasteland there around us and uh there's no opportunities to, you know, be in nature. Not just stepping outside, but actually getting into the But maybe there's still Sure. Yeah. I mean, as we were looking at this site, this site has got a tremendous amount of parking on it. There's very limited parking that's needed for this particular use. And so, we're actually providing, you know, various landscape islands and and some updates throughout the parking lot um to to increase that green space on site. Previous. Yes. as children.

Just out of curiosity, sir, um proportionally as a general apply the studies that you manage and certify, what have you found to be male versus female? Sure. Um population.

Sure. So, it's roughly 70% male, 30% female. That obviously depends on the location. Um but it is predominantly male uh lower percentage female. And what about the number proportionately? What is the average stay? I know that you said that they are there for the length of stay between 21 and 28 days depending upon their situation, but do you have people that were out before the length of stay, the prescribed length of stay?

That's a great question. I I don't have a specific average length of stay because they do vary by the type of population being served, the actual the actual facility there. I did want to speak to your question about people that don't stay the full length of time because that seems to be a topic that comes up in similar hearings like this. We do not allow clients who decide to leave early to just grab their suitcase and walk out the front door. So, we are what's called a bedtoed facility. So, when a client comes and it does happen where they say, "I made the wrong choice. I've got to go back to work or my family needs me." And they leave against medical advice. We call that AMA. What we do is we first try and get them into perhaps a lower level of care in the area or another area so that they have a bedtoed. If they flat out refuse, we can't hold them. This is not a lockdown facility, but we will arrange for transportation to wherever they are going. So if that's back home, if it is to uh a family member's house, a friend's house, but we do not allow them to just walk out the front door, they have to be escorted by one of our employees to their final destination, so to speak.

Right? So that would mean by transit. That would be one of our employees. Correct. So we we have employees there that are drivers. They're called behavioral health technicians, BHTs, and they're staffed 24/7. So they're on property 24 hours a day, 365 days a year. When there is a discharge, you know, they can't just leave. They have to sit down. They have to do their discharge paperwork. So we're usually given about 2 to three hours if someone's going to leave before that way we can make those arrangements. It's is there uh sorry is there medical staff full-time at the facility?

That is correct. So RN staff and LPN staff is 24 hours a day. Um they work in shifts. So depending on the census, there might be two RNs and an LPN, so on and so forth. But yes, there's always 24-hour nursing staff. The medical director or nurse practitioner is there seven days a week for varying hours depending on um census. you ever had in the facilities that you've managed or gotten states certification for? How does someone die inside the facility? Perhaps by suicide or overdose or something.

Sure. So, I can think of one client death off the top of my mind. Uh that was not a suicide nor an overdose. The client came in and had incontinence, had severe medical issues, was diabetic. Um and and then that did happen and we did have to call 911. they tried to resuscitate the building, but there are a number of things in place to to try and prevent that from happening. So, how many states does your organization operate in in terms of helping to facilitate states replication and funding management?

Sure. So, we've done this in Delaware, Virginia, West Virginia, Maryland, Ohio, um, New Hampshire, off the top of my head that I could. So, that Yeah. Um, and to the extent that you could disclose, how many facilities would you say that? Um, I can tell you north of 20 for sure. And these are just to clarify, these are all different levels of care. They're not always an inpatient facility. Some are outpatient, some are mental health primary, but yes.

Well, for the ones that are approximating the type of application here, what would you say that the experience of helping to manage?

Sure. About seven that the two in Virginia are the same levels of care. I can think of one in Maryland specifically and two in Ohio off the top of my head. And um have you ever had encountered a situation where the patient is been, shall we say, playing by the rules, doing what they can to help themselves recover from their abuse, substance abuse, but perhaps uh a relative or friend or some person came to the facility and was disruptive in any way or created a scene in which it escalated. Sure, that's a great question. The reason at this level of care we do not allow visitors is for that exact reason. This is the most precious stage of their recovery. I'm in recovery myself, just celebrated 14 years to be in a safe facility where I don't have any outside interference. That could be girlfriend, husband, family member. Allows me to focus specifically with my counselors, my peers that are also trying to recover and the doctor. So in this level of care, we truly believe that that 28 day window. Now they are allowed phone calls and if the clinician deems appropriate, they could do a teleaalth family service, but we do not allow visitors for that exact reason.

That's slightly different answer to the question. Oh, I'm sorry. I maybe I misunderstood. Have you ever had situation in Maryland, Virginia or Ohio with five to seven facilities managed specifically like this in which unexpectedly the staff was counted by someone who was unexpected but came to the facility and was disrupted.

Sure. Absolutely. So that has happened before where maybe they don't disclose to a loved one where they are and they find out. So they're protected by HIPPA. All of our employees are trained that if there's not a release of information signed, we can't disclose whether or not that person is there or not. We try and deescalate it the best we can. We say if this person is here, we can try and get a message to them. And then of course, if we have to, we'll use 911 to have them removed from the property. But I can't think of any instances where someone from the outside has been banging down the doors to get in. the um the the facilities that you have that are similar care just any of the facilities really locationwise. Yep.

Are they similar to what you're proposing at this location?

So, um there's one in Richmond called the Freedom Center. Um I would have to look at the specific map of that. It's been some time since we did that. The other one is um it's under the name Loga. It is in I have to look at the city. Uh but yes, there are always um I always advise to reach out to the local community first. We want to work with the community. So part of this is always engaging with community associations, the local EMS, local fire, local police. The idea here is that when anybody drives by, they won't see anything different except that it will look prettier than it does now because everybody's inside. So when you drive by a hospital, you don't know if there's 150 people in there or 50 people in there. And that's how we train our facilities to run. We want them inside receiving care. That's why they created this nice enclosed outback so that they do get some fresh air and if they do need to smoke, but the reality is if you drive by, you wouldn't know what was going on in there.

So, they're in like a more of a retail location or is it more of a industrial like what like as far as the the environment of I see you're talking about what it's next to. Yeah, I would have to look back to be quite honest with you. I don't know that off the top of my head. What would you say are the the pluses of this site and the minuses that led to your decision? Sure. So, I would let them speak to that more than myself. I really focus on operating it, explaining how it goes. I don't pick the sites. The companies usually come to us um and they've identified that they'd like to change it into this. Um so, I can't really speak to that. But

I have a question that you may to address and I want to uh caveat my question. Of course, recovery is an individual matter and to place an expectation that all people are going to recover at the same rate at the same time. With that said, just curious, what have you found in the facilities that you've been involved with or the people who have been involved for 28 days. Sure. 28 days. What has been their recovery rate versus similar disease? Oh, nutrition rate versus recidivism. This has a positive.

Yeah, I can give you completion percentages and and and and that usually runs around 60% where if someone comes in, they complete their full treatment plan. Now, leaving early could be a number of different things. So I don't I don't commissioners, do you have any more questions for the applicant? Okay, thank [clears throat] you for your time.

Okay, we have a stat recommendation. Yes, I um [clears throat] will write the staff recommendation, but first Scott wants to do a short presentation about the use and the location and where this is in the city.

Sorry, I just want to make sure that this is working at so as the applicant stated Great. Uh, as the applicant stated, they are proposing to reszone the property to an institutional feud for commercial general for the purposes of uh, operating an inpatient substance use and disorder treatment center. Uh, this use within our city zoning code is classified as a regional housing service. So, we'll talk about that a little bit u later as well. Here's a aerial view of the property. So, um, to the north here is Kershburg Road, to the west is 581, and to the south is, uh, Valley Kingdom Mall. So, this is sort of an offshoot of Valley View Boulevard from the, uh, standard loop around Valley View Mall. Within the city's uh comprehensive 2040 plan, the property is guided as the news category commercial large scale within the greater valley mall area. Uh directly to the north of that is also the airport and then residential on the other side of um 581. It has a similar land use designation within the Williamson Road area plan as the largecale commercial and it is currently zoned within uh the same zoning ordinance as being commercial general and it's generally surrounded by commercial general

properties with some other commercial large site properties. Again an aerial view of the site. So you can see that the site is currently developed. Uh it has a singlestory building located on it and is uh completely encircled by surface level bricking um in a standard commercial uh large site development pattern. Here's a street view of the property. So uh as it looked in earlier in 2024. And so you can see there's parking between the roadway and the existing building. It's a one-story building and uh currently doesn't have pedestrian infrastructure along it, but it does have a uh bus stop located in front of the site. Um there also is one other note on this site plan that the site has one entrance to it. So um there's one entrance and one exit from this facility as well. You mean the parking lot or the building?

Uh the parking lot area. So, yes. And here's a view from uh Valley Boulevard. So, here's the uh development plan for the site. So, as the applicant and their agent shared, there are a few site improvements that are proposed along with this PUB. uh mainly being the uh outdoor amenity area for people who will be staying within the center. Uh there's the sidewalk along the valley road frontage. There's a strange access from the bus stop and a bus shelter and then some parking reductions to reduce the amount of impervious service on site and add um some additional coverage to the primary well. Um there are other things within this development plan such as if the property were to entirely redevelop at some point within main this institutional PUD then generally the building that were to replace it would be relocated within this exact um location and footprint u but it would be caffida height of 45 ft general um height with adjoining properties as There also are other uses that would be permitted within the institutional community. So, uh should this applicant u not move forward with this development, there would be other uses that would be viable on the site as well. This uh use of or this list of permitted uses is generally the overlap between the existing commercial general district and the allowed uses within the institutional UD district. um with the addition of the regional housing services that um the applicant is proposing.

So, uh, the proposed use is regional housing services and on the PUB plan. It also is specifically limited to residential substance abuse disorder treatment center licensed by the Virginia Department of Behavioral Health and Development Services and related supportive services. So, um, the general use category for regional housing services would allow for a broad range of uses to be able to fit into that classification. And so, the applicant has proposed to limit the scale and the size of uses that would be allowed within regional housing services to just the residential substance use disorder center such as one that they are proposing. And I've also provided here the definition of the regional housing services as well. I'll just uh read it so we all are on the same page. So a regional housing service is an operation providing temporary occupancy and which may provide mental health counseling, employment services, permanent housing assistance and other supportive services. The temporary housing capacity of region housing service operation is not limited. Uh and that last line of the definition is primarily uh interconnecting this use with a smaller use that's in the city zoning ordinance of a community housing service uh which is also permitted within generally commercial districts as well. So the regional housing service is only permitted in the HUD, but the smaller scale version of this use is permitted within our uh commercial and mixed purpose districts. So some key connections [clears throat]

of this proposed input to our city's comprehensive plan relate to the theme for healthy community. So, um, our city's comprehensive plan very clearly recognizes that there's a need, uh, for substance use treatment facilities in our city, um, and that additional service providers are necessary for this sort of service. Um, in order to have a healthy community, we also have a theme within our city's conference and plan for responsible regionalism. These sorts of services are needed across the region. Uh but it also is worth noting that this proposed facility is within the regional retail center for the Rono Valley and um we have had conversations with our city's economic development team where they've shared some concerns about how this use could be compatible with um the regional retail nature of this area and uh this portion of our city. Um we also have a theme within the city's comprehensive plan for resilient economy which basically one of the policies underlying that also direct towards a reduction of our land use that is in the form of commercial large scale zoning. Uh this proposed facility is still within the form of commercial large scale zoning. It is currently developed in that manner and so it would be increasing the amount of land that is developed within that form but it would be placing that land use within the city in a PB land unit development format. So the purpose of the uh institutional plan unit development district is to provide uh a district which

encourages harmonious development of institutional uses and mixed use of campus developments to provide flexibility for creative development to minimize potential neighboring impacts of institutional uses on neighboring uses and to recognize the special complexity and inter relationship of land uses and activities. ities in these institutional complexes. Um so you can see in this map that our institutional PUBS are generally scattered throughout the city. They can be within residential areas, they can be within commercial areas. Um and the purpose of the district is to try to minimize some of those tensions that could exist between the different land uses recognizing that institutional uses do have some unique characteristics associated with them. Um, and so this BUD plan to address some of that is adding a sidewalk. It's adding in that outdoor amenity space. Um, and adding in some of those, uh, bus shelter facilities as well. And generally the street that it's on can accommodate the traffic and it wouldn't be putting any additional uh, burden on the utilities outside. We have received three uh written public comments to date and you should have a package of those uh that was provided to you upon arrival and I believe that many of the people who provide the written comment are also here to provide uh verbal comment as well. So I will uh provide a short summary as to what is in some of those letters but I believe that they also will uh come forward as well. So generally some of the concerns that have come forward are the compat compatibility of the proposed use with the regional shopping center and adjacent hotels. The use determination of regional couning services is maybe

not appropriate. that land use category um as I stated earlier can be a broad one but generally this is the point in our city zoning ordinance that this use best align in in the allowable uses that we have today that a use should be in institutional zoning to be considered for an institutional BD. Um so the city zoning ordinance is a little bit unique. We um have a list of allowable uses for institutional PUDS and have a list of allowable uses in the institutional district and generally something that's within the institutional PUD allowable list is something we would consider to be an institutional use. uh that the proposed treatment center is not the highest and best use of the property and concerns about the safety of the guests on the adjoining properties such as the adjoining hotels. So, just some notes from uh planning that the next step, should this application be uh approved for a zoning amendment by city council, a regional housing service would still be required to receive a special exception from the board of zoning. So, should there be any specific operational concerns or um things about the size or the scale of this facility that come about, the board of zoning appeals has the ability to place some conditions on the property and on the regional housing service use um that could address some of those concerns as well. Um and that would be sort of a later elect. So for the staff recommendation on balance, the amended application is consistent with the general principles of the city's comprehensive plan, the

Williamson Road area neighborhood plan and the zoning ordinance and staff recommends approval. I'm happy to answer any questions. Catherine is also available for questions as well. Any questions for staff? You have any questions for this?

Any question? Yeah, they're going to talk actually. So, um [clears throat] at this time I'll open the public hearing. Is there anyone here who wishes to speak on this matter today? Um, would you have a Eric Sa? Is this a three million? It is. Yes.

Good afternoon. Afternoon, Mr. Settle, members of planning commission. Eric Sish. I'm the president CEO of the Ron Regional Chamber. Uh, sir, I'll just give the chamber address for this purposes and chamber address is 1948 Franklin Road Southwest 2002 24014. Um again appreciate the opportunity to to address you all today and really want to start uh you know again not to reiterate some of the things that were mentioned to to regurgitate on the wheel. Um this is not a a opposition uh from the chamber as far as need or as far as service. Uh we we understand and respect and certainly know the need is there for our region uh as far as these treatment services are concerned and certainly not arguing on the need at all. Um I think our concern on this is really location. um for for a multitude of reasons and that was outlined in our letter. Uh you know, this corridor, this spur of Valley View is is important welcome. It's an important welcome act to our region. Um from the hotels and the restaurants and the retail, uh it's it's a connector for those that are visiting Valley View Mall. Um it's just an important corridor and I think from a from a planning commission standpoint, part of your all's job is to to have that thoughtful consideration to all parts of our city and this being a thoughtful consideration for this part of the corridor. um not many times that the chamber has to come here in opposition. Uh certainly we like to support projects. You know, the chamber doesn't endorse candidates. We do endorse ideas and we like to support ideas. We like to support things that make sense for economic development. So, it's very rare that um that we have to come in this capacity. Um but we just don't believe that this is the highest and best use for this particular building. You know, appreciate the applicant's uh encouragement and appreciate the applicant's investment to want to bring some ideas to Rono. um and would love to to have an opportunity to support the applicant with maybe a different proposed project in this particular location, but for this one just really don't believe that this is the best best location. Um and it's all about location, location, location. Sounds like the letter was provided. I'm happy to provide a written cop or a hard

copy from the clerk. Did also want to mention that Nick Patel, who's CEO and president of Calian Hospitality, had provided a letter as well. I sent that over to you all and the clerk late in the day on Friday having provided a a letter for that as well. Um, just to re reiterate that he was unable to make it today. Not speaking on behalf of him, but did ask me to make sure that that his letter as far as a very important uh hotel year in our region was was um, you know, considered as well. Um, did did want to mention appreciate the staff's recommendations and staff's things. I I don't believe the chamber thinks that this is that this this really this really meets the theme of a healthy community, responsible regionalism, resilient economy. Um, but do appreciate the staff's thoughtful consideration on as it relates to the entire city plan on this. So again, really from the chamber standpoint. I know my time is limited. I just we oppose this just simply because of location, not because of need and service. Just ask you all to consider why this part of our corridor is important to our region, important to our city, and unlocks the opportunities. And um just would encourage that there be some some working together with with city staff and city economic development on the matter. So thank you for your time. Appreciate the opportunity. Anyone else signed up to speak?

We do have a Brian Carney.

Close enough. Yes. Hi, I'm Brian Kernney. My address is 65 East Midland Trail, Lexington. And I'm here representing Dominion Lodge. So, they got the clock started. So, I realized last night when I was getting ready for this that there was no way I could do it in three minutes. Most lawyers can't. So, I sent you a letter and I apologize that it was a three-page letter that was just sent today. This was very lengthy and lays out a lot of things, but I thought that was the best way of doing it versus trying to be cut off in the middle of the conversation. Uh would like to let you know that I represent a Dominion who held three hotels. It's the best Western which is right behind it, which was the first hotel out there. Actually, at the time we built, Marriott had an exclusive and Marriott said we don't want to build out here. Nobody will have a hotel in Gr. So we we actually got the exclusive from Marriott and built the Best Western. That was in 1994. After that they added the comfort in and next to that then the um the main stay. So the three hotels all surrounding this area. This is a wonderful use is just around location. This is right in the middle of a res a commercial area. When you see these as you were mentioning uh they're normally in a campus setting. The one in Richmond isn't a campus setting. It's by itself. You look online you see it. There's a beautiful one in Salem by the civic center is a campus setting not in the middle of commercial city surrounded by hotels. So again, we do not we're not objecting to the use itself. We need the use. It's the location of it in this particular place surrounded by five hotels going into the mall right across from the hotel. We don't believe that it conforms. It is right now just not a proper use for this part parcel. It's too intense. Um and we have not been contacted. No developer has not contacted my clients. They've had three got three hotels. We haven't heard a word about it. We got a letter from obviously from you uh about the redevelopment. We've not heard from anybody else. So this was originally built as a VEC building, not as a medical facility. By

the way, it was a employment commission. Over the years, it's been turned into an outpatient outpatient medical facility. They go home at night. They're not there all night. This is being turned into a hospital. This could be 24 hours. Mentioned two or three times. It's similar to a hospital. It is. That's not allowed. Hospitals are only allowed in three other districts, not this one. Also, the last thing I'd like to really point out, and again, it's all laid out in my long letter, is this is the very first time regional housing services have been used in Rome. That phrase never been used before came about a year ago, part of your ordinance for uh for different types of housing. and you added that phrase within your housing ordinance. Now we're using it for a medical facility. It makes no sense that you would use that phrase as part of a medical development. It was designed to allow for temporary housing and to show people how to get permanent housing. That's what it was there. That's what it was, you know, designed for. So we just object to this location. It's not appropriate. It's not a campus. It's not institutional. you know, institutional districts talk about campuses. This is not a campus. They're right in the middle of all these, you know, hotels and right into the, you know, the main wall. So, with [clears throat] that, if there's any other questions, I'll be glad to answer them or if not, I'll give you more information than you probably care to have. Thank you.

Question, sir. Um, you heard the testimony of Mr. costing that the people who are admitted to this facility uh should be approved would not be leaving for 21 to 28 days. Correct. And that they have uh arranged transit to and from the facility. So my question is how are how do you believe your clients lose this insurance by having people in a facility where they really don't leave until they're permitted?

Sure. Well, a couple of ways. Number one, even in the report provided by the director, it says that this facility would not be secure to lock down the patient would have the ability of coming down. That's in the report given to you as part of the recommendation to you that you adopt it. by your staff. So that worries me a lot. [snorts]

It says the facility would not be secured or locked facility and patients would have the ability to come and go voluntarily. That's part of the report provided to you by your staff and that worries me that anybody would have the ability to go or come voluntarily. We are surrounded by hotels. the the barrier between this facility and the hotel parking lot is about 10 ft. We have people coming right now. It gets dark at what 5:30. So, it really concerns us that we're going to have a drug rehabilitation facility right next to all of the hotels. Only takes one in one time. And he's mentioned they've had problems. Not many, not often. in place wall. Okay.

Thank you. Anyone else register? May be someone else here this week. At this time, um is there anyone else who would like to speak on this matter? Hearing no one else, then the public hearing portion of this matter is closed. Commissioners, do you have further comments or questions of staff or of the applicant? I have a question of the applicant um of the owner or Sure.

Yes. you've as a business owner yourself hearing the objections and understanding the application. What is your response to your concerns regarding um the freedom of the patients to be able to come or go uh based on the definition of this zone and how the zone fits into the overall landscape that has been proposed for disability barriers.

Right. So, um I mean I' I' I'd like to say that for the last 15 years at 5:30 in the afternoon, there's people coming and going for alcohol, drug rehab, mental rehab, all that was already existing in the facility that and they actually had to leave. So, there was a volume of cars, a volume of humans coming and going. This is a much I mean there's just going to be no traffic. So, that somebody wants to leave. Mr. Mr. Ross explained that that process is a it's like like when you want to leave a hospital voluntarily. It takes a little bit. They ask you to please wait. You have to sign papers. It's a 2hour process. Same way it was last time I was in the hospital to get out. During that time, they provide transportation movement. I don't anticipate there's going to be anyone running out of the out of the facility in the middle of the night affecting any of the business. It's going to be a much quieter use uh of Yeah. It just it makes [clears throat] sense for the facility. It's been the same facility for 15 years. We're now just making it quieter, nicer, and new. And certainly, it's going to bring in more jobs because it's 24/7. Our other facility would open at 7:00 a.m. and usually by 700 p.m. or 5:00 p.m. it was shut down. Everybody went home. you got all that traffic in and out that no longer will exist. This will be a closed medical facility. I think folks will drive by it and won't even know what it is or what's happening inside. And I think that's the reality of what is happening there. Um it would be a shame to not be able to have that facility or that service in that facility. And keep in mind to the e econom uh to the chamber for a year and a half we have been scouring

Frank has been involved as as a broker trying to find other uses for it. We just can't find someone. We can't find anything other than medical. So it's either going to be an impatient or we're going to try and pitch it back out to outpatient which is going to be with the traffic in the same spot. It's not different than the hotels have had for the last 15 years. So to say it's going to be different now, yes, it's going to be a lot less impactful on the businesses around because you won't know what's happening inside because people aren't moving every day in and out. Any other questions? Anybody else have any questions for that? Hope you understand that or comments.

Um I do want to thank Colette and Kathy for the work you guys did on uh on the on the file and thank you so much. Um I had asked um Mr. I've seen uh what are the pluses and minuses of the site? Are there any minuses that you see at being at Valley View in a in a parking lot?

Yeah, I I think the the minuses that we saw or the con that we saw was the lack of exterior facilities, but this is not, you know, one of these um $10,000 day in the mountain spa resorts. We're here predominantly dealing with alcoholism. Alcoholism is really what takes that that heavy detox that you have to have because you're going to convulsions. It's a very serious whereas people have it more, you know, they have the kind of taboo is the drug. It's really more of alcohol that's the hard part here because that's really what you what we're going to deal mostly with. It's going to be alcohol family interventions. It's going to be family members that get a second DUI and it's either that or they never get a license if they don't go away to get treatment or it's uh folks who have who basically are ready to move on and make something of their lives. an in an internal facility will make a dramatic difference than an outpatient where you're going home and you're being influxed by or influenced by family members or friends that uh doesn't allow your recovery to be successful. I think in a facility like this and I think what we would put into the facility to make it a state-of-the-art facility will definitely help this community. Um, as everyone has, I think mentioned, including the chamber and the other gentlemen, it's a need and and I think we need to be real about that need. And everyone always says, not in my neighborhood. It's been in this neighborhood for 15 years. We're not moving it to a different neighborhood because it is the same neighborhood. It's it's what we've been doing there. It's what New Horizons was doing. It's what Virginia Premier was doing. It should stay there. We should not lose that facility. Any other questions?

All right. Any comments? Uh, thank you for your time. Thank you.

Okay. Um, yeah, I do think that y'all will be very responsible actors and that this is a very needed uh facility. Um, but I do also feel like the comp plan has a lot of things in it that kind of point to the fact that we should protect Valley View as our crown jewel, retail, entertainment, lodging, restaurant hub of the city. Um, policy two says promote the region's assets and strengths to recruit new and develop existing businesses in the city. Um I think everybody in this room knows of certain existing businesses, regional chains that we national chains that everybody wants in Ronote and Valley View is being the logical place for these places. Um action item promote and market runs cultural, historic, recreational, educational, transportation, and environmental assets. Um BI is a cultural and recreational people like to shop. It's fun. Um and people come from all over to uh give their sales tax dollars uh to Rono actually. So um it's a big driver of our revenue. Um section mentions promoting the tourism. Uh a strong valley view, many hotels, restaurants and and strong retail is also a tourism draw. Um that's another part of regional collaboration. Um this is the regional retail center. Um that's right. Anybody else? Okay. Um what's next? Then any further discussion or statements regarding this matter?

No. Hearing none. Um applicants, would you still wish to continue with the vote? Okay. Miss Clark, will you please call the role? Sure. Miss Maddox Dumbo? No. Mr. Osha, I did have comments.

Yeah. And [clears throat] to echo some of James's comments, when you go back and look at the comprehensive plan in the Brazilian economy, there is the policy too, which he references and providing promoting our region's assets. Uh it's hard to think some of the opportunities we have lost at Valley View to other areas. Um and and whether that's due to, you know, balls are just kind of not quite working out the way they used to and we're trying to repurpose them and but we have found with resurgence in balls in Reno County. Um and what promote and what was the attraction for these businesses now wanting to be there. Um, so when I look at Ron City and I look at our assets, I view Valley View as a a key asset that has it's not dead yet. It's it's got some life in it. And um and and there's obviously everybody knows there's a need for this. Everybody probably is affected or has a family member or a friend that is in need of of help when it comes to alcohol abuse and drug addiction. Uh, and I echo your comments and I I just don't think this is the right location for it. So, my little beo,

Mr. S. No,

Miss Wolf. Uh, I'd like to make a comment. I think the service as others have said is extremely needed and part of us has to believe that people who are contained within a single building for 21 to 28 days are going to threaten the uh hotel traffic or other traffic going on in that neighborhood. Um that said, I think the issue is not this specific applicant's use of the building to the facility. My concern is that the input post will follow the land for forever. So whoever whatever business is operating in there will have that use available to them even if it's not this specific company. And for that reason the vote is no.

Okay. And note this matter moves forward to city council with a negative recommendation. Any new business should move. Okay. [clears throat] Okay, moving on to new business. There is none. Any other discussion? Okay, we are turned. Thank you.