|
PLANNING COMMISSION REPORT Regular Agenda – Public Hearing Item |
|
|
PC Staff Report 03/28/07 |
|
|
ITEM NO. 12: SPECIAL USE PERMIT FOR THE LAWRENCE COMMUNITY SHELTER, 944 KENTUCKY STREET (LAP)
SUP-01-02-07: Special Use Permit for the Lawrence Community Shelter, located at 944 Kentucky Street. Submitted by the Lawrence Community Shelter, Inc., for James Dunn, property owner of record. |
|
|
|
|
|
STAFF RECOMMENDATION: Planning Staff recommends a one-year approval of the LCS Special Use Permit and forwarding the request to the City Commission with a recommendation of approval and the ordinance for adoption on first reading, subject to the following conditions:
1. Within 45 days of SUP approval by the City Commission, LCS should submit a signed Good Neighbor Agreement with signatures of the LCS staff and at least 15 neighbors. 2. Prior to the one-year expiration date, LCS should submit an application for SUP renewal. 3. With the SUP renewal application, LCS should submit information showing that an alternate shelter location is being pursued, with funding options detailed. 4. LCS should submit an annual report with the SUP renewal application. The report should include a log of police calls (with type of call noted), a log of guests who obtain jobs and housing, numbers of guests who utilize the day and nighttime services, and an update on the on-going commitment to communicate with the surrounding neighborhood and to address concerns of neighbors. 5. LCS should add six new staff persons as listed in the LCS report (See attached). The full-time outside monitor should be a paid security guard, and the maximum occupancy level should not be exceeded with the addition of these new staff members. 6. A signed Site Plan Performance Agreement should be submitted. 7. The site plan should be revised to show the following changes: a. Revision of the UPR expiration date to reflect the new SUP expiration date and replacement of “UPR” with “SUP”. b. Revision of the zoning data to note that the site’s new zoning designation is RMO (Multi-Dwelling Residential-Office) District. c. Revision of the staffing section to list the numbers of current day and nighttime staff, including both full and part-time staff. If staffing additions are approved as part of this SUP, these staff members should be included as part of this new staff count. d. Inclusion of the following note: “On February 15, 2007, the Historic Resources Commission approved the LCS Special Use Permit (DR-01-06-07), subject to conditions.” e. Removal of the 18’ by 21’ by 10’4” metal canopy and picket fence, unless the City Commission grants an appeal of the Historic Resources Commission’s determination for this structure to be removed. f. Notation stating that the Good Neighbor Agreement and LCS policies should be referred to for additional provisions governing the use and maintenance of the LCS property. |
|
|
Applicant’s Reason for Request: |
“Renewal of current one-year Special Use Permit (formerly Use Permitted upon Review – UPR). Request a five-year approval.” |
|
KEY POINTS · According to the LCS website, the mission of the shelter is to “…provide safe shelter and comprehensive support services and programs that provide a path to a positive future for people experiencing homelessness and people who are at risk of homelessness”. · All conditions of approval from the facility’s existing UPR (Use Permitted upon Review) have been met. · During 2006, the shelter served 15,202 guests during the daytime and 7,526 guests overnight. 376 separate individuals were served from July 1, 2006 to December 31, 2006. · In 2006, 21 people found jobs, 27 people moved into housing, and 11 people entered a detoxification or rehabilitation facility. · The subject property is within the environs of several landmark properties and the Downtown Historic District. On February 15, 2007, the Historic Resources Commission approved the LCS Special Use Permit with several conditions, one of which is removal of the non-compliant fence and carport. The applicant has submitted an appeal to this determination, which will be considered by the City Commission concurrently with this Special Use Permit request. · Eden Detrixhe, crime analyst with the Lawrence Police Department, has compiled a report of 2006 police activity at LCS. The report indicates an increase in police calls within the last four years.
|
|
GOLDEN FACTORS TO CONSIDER CHARACTER OF THE AREA
CONFORMANCE WITH HORIZON 2020
|
|
ASSOCIATED CASES/OTHER ACTION REQUIRED · UPR-10-11-99: Community Drop-In Shelter. This UPR was approved by the City Commission on December 7, 1999, subject to several conditions, including a two-year review of the application by the City Commission. The UPR was revisited in 2001 to expand the hours of operation to 9:00 p.m. The approval expired in September 2006. · UPR-01-01-03: Lawrence Open Shelter. This UPR was approved by the City Commission on April 8, 2003, subject to several conditions, including a one-year expiration date upon the issuance of an occupancy permit. In November 2004, the City Commission approved the expansion of the shelter to accommodate 28 guests and 2 staff members, in addition to a one-year extension of UPR-01-01-03. The approval expired in December 2005. · In January 2005, the Lawrence Open Shelter and the Community Drop-In Center merged to form the Lawrence Community Shelter, Inc. (LCS). · UPR-09-06-05: A request to extend the Use Permitted upon Review for the Lawrence Community Shelter. [The City Commission approved the UPR for one year on March 7, 2006, subject to conditions.] · On January 16, 2007, the City Commission voted to extend UPR-09-06-05 to April 17, 2007 to allow for Planning Commission consideration of the new LCS Special Use Permit extension request in March 2007 with City Commission consideration of the Planning Commission’s recommendation on April 17, 2007. · On February 15, 2007, the Historic Resources Commission approved the LCS Special Use Permit (DR-01-06-07), subject to conditions.
|
|
PUBLIC COMMENT RECEIVED PRIOR TO PRINTING · Letter in opposition from Paul Horvath of Morning Star Management, 917 Tennessee. · Letter in support from Mary Easterday, LCS Board member.
|
GENERAL INFORMATION |
|
|
Current Zoning and Land Use:
|
RMO (Multi-Dwelling Residential-Office) District; Lawrence Community Shelter. |
|
Surrounding Zoning and Land Use: |
RMO (Multi-Dwelling Residential-Office) District to the north, south, and west; existing residences and/or office uses to the north and west, and church to the south.
CD (Downtown Commercial) District to the east; public parking lot.
|
|
Site Summary |
|
|
Lot Size: |
.27 acres (11,761 square feet) |
|
Building Area: |
6515 gross square feet |
|
Parking Provided: |
10 spaces, including 1 accessible space |
Review and Decision-Making Criteria (Section 20-1306(i) of the Land Development Code)
1. WHETHER THE PROPOSED USE COMPLIES WITH ALL APPLICABLE PROVISIONS OF THIS DEVELOPMENT CODE
Applicant’s Response: “To be determined by Planning Staff.”
Homeless shelters are permitted in the RMO (Multi-Family Residential-Office) District with a Special Use Permit. The subject request is for renewal of a Special Use Permit (previously Use Permitted upon Review) for the Lawrence Community Shelter (LCS). The applicant is requesting a five-year approval for the subject Special Use Permit (SUP), but planning staff is recommending a one-year approval to allow for continued detailed annual review of the shelter by Planning Staff and the City Commission. A one-year approval also allows for annual public input on the continued use of the shelter.
If the City Commission grants an appeal to the HRC determination to remove the carport and fence, no site plan changes are needed, except those needed to update the plan. If the City Commission does not grant the appeal, the site plan will need to be updated to remove the existing carport and fence.
Staff Finding – The proposed use is consistent with applicable provisions of the Land Development Code.
2. WHETHER THE PROPOSED USE IS COMPATIBLE WITH ADJACENT USES IN TERMS OF SCALE, SITE DESIGN, AND OPERATING CHARACTERISTICS, INCLUDING HOURS OF OPERATION, TRAFFIC GENERATION, LIGHTING, NOISE, ODOR, DUST AND OTHER EXTERNAL IMPACTS
Applicant’s Response: “The shelter is unique, but is compatible in terms of scale, site design, traffic congestion, lighting, noise, odor, and dust with the nearby churches. It is different in its operating characteristics and some of the external impacts from the nearby churches and residential neighbors.”
Land uses surrounding the subject property include residential, office, and institutional uses, as well as public parking. The subject site is located within a mixed-use area on the fringe of Lawrence’s downtown, close to bus routes and other public services. No changes are proposed to the site, other than those that may be required for the outdoor patio carport and fence.
Staff Finding – As is stated in the applicant’s response to the subject question, LCS is compatible with neighboring multi-family and institutional uses in many regards, i.e. traffic generation, building scale and site design. However, the shelter’s hours of operation and other external impacts differ from neighboring uses. The day shelter is open from 8 a.m. to 5 p.m. Mondays through Sundays and from 8 a.m. to 8 p.m. on Wednesdays. The night shelter is open from 8 p.m. to 8 a.m. each night of the week. Once admitted, overnight clients are expected to stay the night, with the exception of health or work requirements.
An attached memo from Eden Detrixhe, crime analyst with the Lawrence Police Department, indicates an increase in police activity each year from 2003 to 2006. While it is likely that the number of cases has increased with the increase in capacity at the shelter, it is also important to note that shelter staff has become more vigilant in making calls and in informing the neighborhood to make calls regarding LCS guests. Additionally, calls and cases at the overnight portion of the shelter decreased from 2005 to 2006.
Per the attached LCS report, shelter staff is recommending that an alternate location be sought for the shelter, and that six staff members be added to the existing shelter in the interim. With next year’s SUP renewal application, the shelter should submit information showing that an alternate LCS location is being pursued, with funding options detailed. The following types of additional staff members are recommended in the LCS report – alcohol and drug counselor, receptionist, administrative manager, grounds and outside manager, nurse practitioner/health professional, and additional night/weekend monitor. Regarding the full-time grounds and outside manager, planning staff recommends that this position be staffed with a paid security guard. Additionally, planning staff recommends that a signed Good Neighbor Agreement be returned to the Planning Office within 45 days of the subject SUP approval.
3. WHETHER THE PROPOSED USE WILL CAUSE SUBSTANTIAL DIMINUTION IN VALUE OF OTHER PROPERTY IN THE NEIGHBORHOOD IN WHICH IT IS TO BE LOCATED
Applicant’s Response: “Since this application is for a renewal, the continued use will probably not cause any diminution in value of neighboring properties other than what it has already caused, but this is a difficult and subjective projection.”
Staff Finding – With continued vigilance of LCS staff in keeping the grounds free of debris and with the addition of a full-time outside security guard, the continued use of the shelter should not cause substantial diminution in value of property in the neighborhood. The Good Neighbor Agreement includes specific provisions for a well-maintained property. These provisions include ensuring that bicycles are parked in a bicycle rack, animals are not tied to trees or porches, litter is removed, non-functioning vehicles are removed, and guests utilize the rear patio as much as possible. An existing “no loitering” policy within 150 feet of the subject property is an additional policy aimed at maintaining order at the shelter.
4. WHETHER PUBLIC SAFETY, TRANSPORTATION AND UTLITY FACILITIES AND SERVICES WILL BE AVAILABLE TO SERVE THE SUBJECT PROPERTY WHILE MAINTAINING SUFFICIENT LEVELS OF SERVICE FOR EXISTING DEVELOPMENT
Staff Finding – As the site’s building has been in existence since 1962 and the drop-in shelter has existed in the subject building since 1999, fire/medical, police, transportation, and public utility services are established to provide service to the subject site. The need for fire/medical and police services has increased, as is substantiated by the attached Lawrence Police Department memo.
5. WHETHER ADEQUATE ASSURANCES OF CONTINUING MAINTENANCE HAVE BEEN PROVIDED
Staff Finding – The site plan will function as the enforcement document to ensure that use and maintenance of the property and are consistent with the conditions of SUP approval. Additionally, the Good Neighbor Agreement includes provisions for maintaining civilized behavior on LCS property, ensuring that bicycles are properly parked, removing litter from the property, and prohibiting extended parking of non-functioning vehicles. As a condition of SUP approval, within 45 days of the subject SUP approval, the shelter should submit a signed Good Neighbor Agreement to the planning office. The site plan should include reference to the provisions outlined in the Good Neighbor Agreement. A full-time outdoor security guard should also assist in ensuring orderliness of the grounds.
6. WHETHER THE USE WILL CAUSE SIGNIFICANT ADVERSE IMPACTS ON THE NATURAL ENVIRONMENT
Applicant’s Response: “No.”
Staff Finding – No new development is proposed with the subject application. Thus, the natural environment will not be impacted with renewal of this SUP.
7. WHETHER IT IS APPROPRIATE TO PLACE A TIME LIMIT ON THE PERIOD OF TIME THE PROPOSED USE IS TO BE ALLOWED BY SPECIAL USE PEMRIT AND, IF SO, WHAT THAT TIME PERIOD SHOULD BE
Staff Finding – Because of the unique nature of the use and the recommendation from both planning and shelter staff to seek a more suitable facility, planning staff recommends that the subject Special Use Permit be limited to a one-year time frame. The applicant will need to submit an application for SUP renewal within an appropriate time frame for the City Commission to approve the SUP prior to the expiration date. Planning staff recommends that, with next year’s SUP renewal application, the shelter submit information demonstrating that an alternate location is being pursued, with funding options detailed. It is possible that the shelter will secure an alternate facility prior to the one-year expiration date. If this is the case, a new Special Use Permit application, in addition to possible site plan and rezoning applications for the new location, will need to be submitted to the planning office.
STAFF REVIEW
According the LCS website, the mission of the shelter is to “…provide safe shelter and comprehensive support services and programs that provide a path to a positive future for people experiencing homelessness and people who are at risk of homelessness”.
The applicant is requesting a five-year renewal of the Special Use Permit for the Lawrence Community Shelter. Based upon the attached public comment, 2006 police report, and the shelter’s own recommendations, planning staff recommends that the shelter be permitted for a one-year time-frame. Within one year, the shelter should formulate a plan for moving the shelter to an alternate location and solidify funding options for the new facility.
Conditions of Approval for UPR-09-06-05
The previously-approved LCS Use Permitted upon Approval (UPR) application, which was approved by the City Commission on March 7, 2006, included several conditions of approval. All have been met and are listed below, followed by an explanation of how these conditions have been met (in bold):
2006 Activity at the Shelter
According to the 2006 LCS annual report provided by the shelter, the shelter served 15,202 guests during the daytime and 7,526 guests overnight during the year. 376 separate individuals were served from July 1, 2006 to December 31, 2006. Also in 2006, 21 people found jobs, 27 people moved into housing, and 11 people entered a detoxification or rehabilitation facility.
Eden Detrixhe, Crime Analyst with the Lawrence Police Department, compiled a report of LCS police activity in 2006. The report notes that, according to the Criminal Justice Information System (CJIS), Lawrence Police officers took 99 cases at the shelter in 2006, which is a 28.6% increase from the number of cases in 2005. The report also notes that, according to the Computer Aided Dispatch (CAD) system, calls at the location increased 22.1% from 2005. Medical emergencies, trespassing, requests to speak with officers and teleserve officers, disturbance calls with and without weapons, and battery made up 58.9% of the 375 calls in 2006. It is important to note that the rise in shelter calls could be attributed to the recent increase in shelter capacity (now 33 people) and a more vigilant shelter staff and neighborhood.
Additional Staff Recommendations for the Shelter Special Use Permit
In addition to recommending that, within one year, the shelter provide documentation demonstrating that an alternate LCS facility is being pursued, planning staff recommends several conditions of approval to ensure continued appropriate operation of the shelter prior to relocation of the facility. Regarding the Good Neighbor Agreement that was submitted as part of the conditions of approval for the previous LCS UPR, planning staff recommends that the agreement be signed by at least 15 neighbors and shelter staff within 45 days of the subject SUP City Commission approval. The agreement includes responsibilities, including those related to property, safety, and communications, for both the shelter and the neighbors.
The shelter should also add six new staff persons to the existing shelter location. These staff persons should be added per the recommendation of LCS as listed in the attached LCS report. The report recommends adding an alcohol/drug counselor, receptionist, administrative manager, grounds/outside monitor, nurse practitioner/health professional, and additional night/weekend monitor. Planning staff recommends that the designated grounds and outside monitor position be filled with a paid security guard. This recommendation stems from the need to keep not only the guests and neighbors secure, but also for the safety of the outside monitor. It is important to note that the maximum building occupancy of 33 persons cannot be exceeded with the additional staff members.
The shelter should also submit an annual report similar to the one submitted with the subject SUP, which includes a log of police calls, a log of guests who obtain jobs and housing, numbers of guests who utilize the day and nighttime services, and an update on the on-going commitment to communicate with the surrounding neighborhood and to address concerns of neighbors.
Historic Resources Commission
The subject property is within the environs of several landmark properties and the Downtown Historic District. On February 15, 2007, the Historic Resources Commission approved the LCS Special Use Permit with several conditions, one of which is removal of the non-compliant fence and carport. The applicant has submitted an appeal to this determination, which will be considered by the City Commission concurrently with this Special Use Permit request. The site plan should be revised to remove the carport and fence, unless an appeal of the HRC’s determination is granted by the City Commission.