(use conditions as
proposed by the Eastside Neighborhood Coalition)
Conditional Uses for
the Salvation Army facilities located at Haskell Ave. & Lynn St.
Notes legally
attached to the Site Plan SP-03-27-06
by the Lawrence City
Commission on (date . . .)
The
Lawrence City Commission approves Site Plan No. SP-03-27-06 pursuant to all
legally binding conditions and provisions included herein, and attaches to and
makes this a part of said site plan:
Section
I: Purpose
In lieu of the standard Uses Permitted Upon
Review process, and in an attempt to resolve disagreements between the parties,
the issues addressed in this contractual agreement have been negotiated by the
City of Lawrence, the Salvation Army, and neighborhoods and property owners
surrounding the proposed Salvation Army site.
Considering that site plans functionally
clarify on-site physical arrangements, while zoning districts with permitted
uses functionally harmonize site activities with adjacent land uses, it is
recognized that this contractual agreement, as attached to Site Plan
SP-03-27-06, and the conditions contained herein constitute an unorthodox
approach to land use regulations. Such an approach might not even withstand a
legal challenge in a court of law.
The officially adopted zoning and use permit
regulations within Chapter XX of the Code of the City of Lawrence have been
crafted to provide the legal elements to assure compatibility of permitted land
uses on adjacent properties, including: defined terminology, uniform
procedures, consistent use groups, clear deadlines and expiration dates,
enforceable penalties, an equitable appeal process, and revocation authority by
the City Commission. In addition, such zoning regulations have a history of
case law with applicable precedents, which may or may not apply to a
conditional site plan such as this.
Section
II: General Provisions
Therefore, because this document and the
land use conditions herein, as attached to only a site plan, fall under few or
no such code provisions as listed above, this document shall endeavor to
construct their legal equivalent, and lacking that, to append the zoning and
use permit provisions herein, so as to bring this document under the legal
authority of all applicable zoning and use permit requirements of Chapter XX of
the Code of the City of Lawrence, specifically Sec. 20-808, 20-1608, and
20-1613.
If officials or the public encounter any
ambiguity in enforcing this document, the code provisions as intended for Use
Permit Upon Review shall apply as interpretive and functional guidelines,
specifically Sec. 20-1608 and 20-1613.
Because Sec. 20-1428 through Sec. 20-1435.3
for site plans include time constraints of an entirely different nature than
those in Sec. 20-1608 through Sec. 20-1613 for UPR's, the following time frame
considerations shall apply to this site plan No. SP-03-27-06.
- This site plan shall be valid for a
period of one year as under Sec. 20-1435.
- This site plan shall be granted no
extensions for any reason beyond the one year deadline for acquiring a building
permit.
- If a new site plan is again submitted
thereafter, all the legal code requirements within the newly adopted
Lawrence Land Development Code shall apply in full force.
- If City staff or the City Commission
establish findings of fact that one or more of the agreed to conditions
contained herein have been violated by the applicant, the City Commission
has the authority to conduct public hearings under the purview of Sec.
20-1613, and amend, suspend or revoke any and all conditional uses as
agreed to herein.
- All conditional uses as agreed to
herein shall be legally binding in perpetuity, unless legal procedures are
brought to bear to amend, suspend or revoke such conditional uses.
Section
III: Particular Use Activities Permitted
- These
facilities shall house only The Salvation Army's administrative and
program offices, activity and program space, recreational areas, and
community worship center. The Salvation Army shall also operate only a 24
hour a day, 365 day a year homeless rehabilitative residential program.
The program is to provide strong case management, educational
opportunities, employment readiness, health services, mental health
services, recovery groups, relational activities, recreational programs,
residential services, housing, and meals for the program participants.
Some of these services may be provided by other participating agencies.
- The
Salvation Army shall not now nor ever enter into a contract with the
Kansas Department of Corrections, or any judicial or law enforcement agency,
to provide housing or any services for prisoners or parolees at this site.
- The
Salvation Army shall not operate a community meal program at this site,
but may operate a community meal program at a downtown Lawrence location
to provide meals for anyone that chooses to participate.
- Persons
refused services due to intoxication shall be transported to the Lawrence
Community Shelter OR the Lawrence Police Department by means of
_________________________.
- The
Salvation Army shall make every effort to not allow its property to become
the hang-out of any group or individual, and shall make every effort to
not allow any illegal activities to take place on or around its property
or facilities.
- The
Salvation Army shall not operate a temporary homeless or transient shelter
at this site, nor provide any services for such potential clients on a
drop-in basis including, but not limited to: meals, showers, laundry,
courtesy phone, and mail drop.
- Persons
seeking to enter The Salvation Army's residential program that are found
to have severe mental illnesses or problems beyond the scope of the case
management services provided by the program, will be referred to other
agencies that specifically provide the needed services. Within two hours
of assessment, the Salvation Army shall transport such persons to the
receiving agency, or shall arrange for said persons to be transported to
the receiving agency.
- The
Salvation Army shall make every effort to deny sex offenders entry into
any program activities including the homeless rehabilitative residential
program located at this site. All program participants will be screened
through the K.B.I. Offender Registry. In the event that such persons are
denied entry, they shall be transported to the Lawrence Community Shelter
OR the Lawrence Police Department by means of _________________________.
- In
the event of a community emergency or disaster, The Salvation Army
reserves the right to feed, house, and provide emergency services from
this site to relief personnel, persons who are temporarily displaced due
to disaster, and any other persons found in need under these
circumstances. Temporary meal service for any non-resident individual
shall be for no more than 24 hours, after which they shall be referred to
community meal programs elsewhere in town. Temporary shelter shall be
provided only within the Booth Center or the Family Resource Center, not on the grounds or parking lots.
Section
IV: Definitions (functional and time-frame)
- Community
disaster: _____________________
- Community
emergency: __________________
- Community
meal program: _______________
- Emergency
services: _____________________
- Employment
readiness: __________________
- Food
Pantry: _____________________________
- Hang
out: ________________________________
- Health
services: __________________________
- Homeless
rehabilitative residential program: ______________________________
- Housing:
_________________________________
- Mental
health services: ___________________
- Recovery
groups: _________________________
- Relational
activities: ______________________
- Residential
services: ______________________
- Severe
mental illness: _____________________
- Sex
offenders: ____________________________
- Temporarily
displaced persons: ____________
- Temporary
homeless or transient shelter: __________________________________
- (others)
Hello Sheila:
Thank you for your comments about how land use
conditions might be
attached to the Salvation Army site plan
SP-03-27-06. However, I am
submitting an addition to your 1 June Staff Report
about this item
(attached herein). While you have discussed the
enforceability of such
conditions and have included the Salvation Army
version of such
conditions, I am astonished that nowhere under
Agenda Item #9(b) have
you included the Neighborhood Coalition proposal for
such site plan
conditions. Instead, an untitled version is buried
in the "rezoning"
part of #9(a) under the generic caption of
"correspondence".
The Salvation Army proposal is a nine-item list of
"commitments" that
are legally quite non-specific and contain no
periodic review
provisions. The Eastside Neighborhood Coalition
proposal includes a
nine-item list of legally worded use activities,
specific time
constraints and surrogate UPR review and revocation
provisions, and
definitions of terminology.
Both proposals were discussed at the 3 May 2006 negotiation session
between the Salvation Army and the Eastside
Neighborhood Coalition.
Both proposals are on the table. To avoid the
appearance of favoritism
towards the Salvation Army, I think you would be
wise to present both
proposals in the City Commission agenda on equal
footing: that is
equally identified, equally accessible , and equally
referenced and
evaluated in your Staff Report.
Please revise your staff report accordingly, and
include as "Attachment
B" the "Neighborhood Coalition Proposed
Site Plan Conditions", or at the
very least, make it an identified item under Agenda
Item #9(b) along
with the other site plan attachments.
Also, please include this e-mail as an attachment
under Agenda Item #9(b).
thanks so much for your work,
Michael Almon