(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.

  1. This site plan shall be valid for a period of one year as under Sec. 20-1435.
  2. This site plan shall be granted no extensions for any reason beyond the one year deadline for acquiring a building permit.
  3. 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.
  4. 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.
  5. 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

 

  1. 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.

 

  1. 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.

 

  1. 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. 

 

  1. Persons refused services due to intoxication shall be transported to the Lawrence Community Shelter OR the Lawrence Police Department by means of _________________________.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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 _________________________.

 

  1. 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)

 

  1. Community disaster: _____________________

 

  1. Community emergency: __________________

 

  1. Community meal program: _______________

 

  1. Emergency services: _____________________

 

  1. Employment readiness: __________________

 

  1. Food Pantry: _____________________________

 

  1. Hang out: ________________________________

 

  1. Health services: __________________________

 

  1. Homeless rehabilitative residential program: ______________________________

 

  1. Housing: _________________________________

 

  1. Mental health services: ___________________

 

  1. Recovery groups: _________________________

 

  1. Relational activities: ______________________

 

  1. Residential services: ______________________

 

  1. Severe mental illness: _____________________

 

  1. Sex offenders: ____________________________

 

  1. Temporarily displaced persons: ____________

 

  1. Temporary homeless or transient shelter: __________________________________

 

  1. (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