(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