Memorandum

City of Lawrence

Planning Department

TO:	David L. Corliss
FROM:	Sheila M. Stogsdill
CC:	Debbie Van Saun
Date:	June 1, 2006
RE:	June 6, 2006 Agenda Item -- SP-03-27-06: Salvation Army Community Complex

Following meetings on April 10th and May 3rd regarding the Salvation Army site plan and proposed initiation of rezoning, the East Side Neighborhoods Coalition submitted follow-up questions regarding the site plan approval process. A staff response is provided on the following pages.

During the course of the meetings, the Salvation Army representatives indicated a willingness to impose conditions on the proposed site plan regarding future uses of the property. The conditions that the Salvation Army representatives have proposed are provided as Attachment A to the Staff Report.

The proposed conditions outline a one year approval and the ability to have an additional one year extension approved by the City Commission. The conditions also indicate that if a building permit is not granted before this site plan expires; the property owner will be subject to the Special Use Permit requirements in the new Development Code. The conditions also indicate the Salvation Army’s intentions regarding the operation of the proposed programs and specifically identify uses that will not be undertaken at this site.

If the City Commission is comfortable with the proposed conditions, it is staff’s opinion that it is appropriate to approve the site plan at this time subject to the proposed conditions and to initiate rezoning of the property to the RMO District with the intent to include these conditions in the rezoning ordinance as will be permitted in the new Development Code.

The Salvation Army of Lawrence and Douglas County

and

East Side Neighborhoods Coalition

Staff Follow-up to Clarify Site Plan Conditions & Term

[Staff responses provided in italics below]

As agreed in our negotiations on 3 May 2006, the coalition of Neighborhood Associations, Homeowner Association, and landowners are requesting City staff clarify the following items discussed at that meeting. Before a negotiated agreement can be reached on any use conditions attached to site plan # SP-03-27-06, the entire process needs to be fully understood by all parties.

Regarding enforcement of site plan conditions, we request the following formal explanations:

1) A legal explanation from City Legal Services Department of how land use conditions shall be enforced under the auspices of a site plan. In addition, please cite cogent elements from any relevant and parallel precedents.

2) A legal explanation from City Legal Services Department of how land use conditions shall be periodically reviewed.

3) A practical explanation from City Planning Office of how land use conditions shall be monitored by staff and enforced on a continuing basis.

Staff Response: Conditions of site plan approval would need to be completed prior to the Planning Department releasing the site plan to Neighborhood Resources, who would then be enabled to issue a building permit for the site. A site plan performance agreement is signed by the owner (notarized signature) and the mayor. Zoning enforcement is handled through the Neighborhood Resources Zoning Enforcement Inspectors who could schedule inspections on a regular, periodic basis.

Regarding site plan approval and term, we request formal confirmation from City Planning Office that:

1) If site plan #SP-03-27-06 is approved prior to the effective date of the New Land Development Code, that it shall be valid for a period of one year pursuant to Sec. 20-1435 of the current Code.

Staff Response: Per Section 20-1435 Current Code. “If no building permit is issued for the site within one year from the date of site plan approval by the City Commission, the site plan shall be and become null and void.”

2) If the applicant files for an extension of said site plan after the new Land Development Code takes effect, that the precedent established for staff review procedures take into account whether there have been significant changes in the City Code. In short, the site plan renewal would be governed by both the new Land Development Code and the new Building Code.

Staff Response: Per Section 20-110(b) New Code. “Any re-application for an expired permit shall meet the standards in effect at the time of re-application.” However, the applicant has requested through their commitment to the community (Attachment A of the Site Plan Staff Report), the ability to have Site Plan SP-03-27-06 have the possibility to be extended for an additional one-year period upon the granting of such extension by the City Commission, which would need to be requested by the applicant prior to the one year site plan expiration period (prior to June 6, 2007 if conditionally approved on June 6, 2006) unless a building permit has been issued for the site.

3) If the applicant files for an extension of said site plan after the New Land Development Code takes effect, that the New Code specifies the City may grant one 6-month time extension, and no more.

Staff Response: Section 20-110(b) of the New Code states, “Any use or Development Activity for which a complete application was submitted to the City before the Effective Date and pending approval on the Effective Date may, at the applicant’s option, be reviewed wholly under the terms of the development code in effect immediately before the Effective Date. If approved, such uses or Development Activities may be carried out in accordance with the standards in effect at the time of application. Any re-application for an expired permit shall meet the standards in effect at the time of re-application.”

Section 20-1305(0)(1) of the New Code states, “In the event the Landowner fails to file and application for building permit within 18 months after final approval of the site plan has been granted, then such site shall expire in accordance with the following provisions: (i) For good cause shown, the expiration date may be extended by the City Commission for a period not to exceed 6 months. The applicant for extension or modification may be made by letter to the Planning Director and will be considered only if received before the expiration date of the Site Plan. The Planning Director shall place such request, with any recommendation of the Planning Director on the agenda of the City Commission.”

Therefore, if based upon the proposed Condition No. 1, if the property owner requests an extension prior to the expiration of the approval of SP-03-27-06, the extension request will be governed by the provisions of the current code Section 20-1430.1 which allows an extension up to one year.

4) The New Code provides for legal standing by the Neighborhood Association(s) to appeal the site plan extension.

Staff Response: Section 20-1305(l) of the New Code states, “The following persons and entities have standing to appeal the action of the Planning Director for Site Plan approval: (1) the applicant; (2) the City Commission; (3) the neighborhood association for the neighborhood the site plan is located in or is adjacent to; or (4) record owner of all adjoining property, as the tem “adjoining property” is defined in Section. 20-1305(g).” Such appeal would be taken to the City Commission.

A request for a 6 month extension to the new code’s provision for an 18 month site plan conditional approval date could only be extended through a City Commission’s approval as an agenda item at the City Commission’s meeting. A Neighborhood Association would have the ability to be heard at the City Commission’s meeting.

The current code does not specifically identify the rights of a Neighborhood Association regarding site plan approvals. The City Commission, as a practice, has always permitted public comment on any agenda item, including site plan extension requests.

5) Assuming a 6-month time extension is approved for the site plan under the New Code, if a building permit is not granted before the extension expires, the site Development Activity may be completed or occupied only in strict compliance with the requirements of the New Land Development Code.

Staff Response: The question is not applicable. Under the current code, an approved site plan would be valid for a one-year period during which time a building permit would need to be issued. The applicant has requested the ability to be able to request a possible one-year extension of the site plan under the current code, which would need to be considered for action by the City Commission at the time of such request.

Under the new code, if a site plan approved prior to the Effective Date were to expire without an approved extension by the City Commission, then the applicant would need to make an application for development of the site which would comply with the New Land Development Code.

6) If SP-03-27-06 is approved after the effective date of the new Land Development Code, AND if the City Commission has initiated rezoning before the New Code effective date of the Salvation Army property from M2/M1-A to a zone that allows a Community Meal Program/Temporary Homeless or Transient Shelter by SUP, that the use permit requirements shall take precedence over any use conditions attached to the site plan.

Staff Response: Per Section 20-110(b) of the new code, “Any use or development activity for which a complete application was submitted to the City before the effective date and pending approval on the effective date may, at the applicant’s option, be reviewed wholly under the terms of the development code in effect immediately before the effective date. If approved, such uses or development activities may be carried out in accordance with the standards in effect at the time of application. Any re-application for an expired permit shall meet the standards in effect at the time of re-application.”

Per Section 20-1306(b) of the new development code, “If an existing use was allowed by-right at the time it was established, but it is now regulated as a Special Use, the use will be considered an approved Special Use and will be allowed to continue without a public hearing. Any alterations or expansions of the use are subject to the Special Use amendment procedures of Section 20-1306(l).”

Therefore, if this Site Plan is approved by the City Commission (as permitted because it is ‘in process’), the Salvation Army’s use will automatically be granted Special Use status under the provisions of the new development code. The property owner will be required to submit a request for Special Use whenever any alterations or expansions are proposed in the future.