Memorandum

City of Lawrence

Planning & Development Services

 

TO:

David L. Corliss, City Manager

 

FROM:

Scott McCullough, Director

 

CC:

Cynthia Boecker, Assistant City Manager

Diane Stoddard, Assistant City Manager

 

Date:

For July 7, 2009 City Commission Meeting

 

RE:

SUP-01-02-07 Status Report – Lawrence Community Shelter at 944 Kentucky St.

 

 

This memo serves to update the Commission on the Lawrence Community Shelter’s (LCS) desire to increase occupancy at the existing shelter by an additional 42 occupants.

 

History

 

In reaction to the Salvation Army closing its shelter, LCS is currently exceeding its occupancy limitation of 31 overnight participants (33 total occupants) as established by SUP-01-02-07.  According to LCS, the shelter is sleeping 31 in the Kentucky Street side of the structure as previously approved, 21 in the day room on the 10th Street side, and 21 on the patio behind the building.  Forty-two additional people are currently sleeping at the shelter, either in enclosed space on the first floor or outside on the patio.

 

The City is committed to enforcing life/safety and land use codes in order to insure that minimum safety measures are provided for all occupants of the shelter and surrounding land owners.  To that end, and after Fire/Medical input, the City and LCS has reached an agreement that no sleeping will occur in the basement until the structure is made fire, building, and land use code compliant, and that the city will not seek enforcement of increased occupancies in the upstairs (1st floor) portion while the shelter works in good faith to comply with all fire, building, and land use codes to increase the occupancy at the shelter and provide additional sleeping areas. LCS will submit, and the City will review, permit applications while an amendment to the SUP is processed to consider increasing the occupancy at the shelter. 

 

Plans to modify the structure include:

 

(1)  Extending the existing sprinkler system into all of the other first floor and basement rooms so that every room in the building, including offices, will have fire sprinkler coverage.  This installation will include taking out two or three non-supporting walls in the basement to open up the space in order to reduce the number of sprinkler heads and to improve the route to exits.

(2)  Resolve ingress/egress issues in the basement by construction of walls or additional access points.

(3)  Install a shower in the basement. 

 

LCS estimates that completion will take 2-3 weeks after permits are issued.

 

Pursuant to Section 20-1306(l) of the Land Development Code, the City Commission may, upon its own initiative, establish a public hearing date to consider a proposed amendment, suspension or revocation of an approved Special Use.  As the property currently falls out of compliance with the SUP based on its occupancy, the City Commission has as its options the authority to amend, suspend, or revoke the SUP.  Staff recommends that the City Commission consider amending the SUP to permit an increase in occupancy given the recent closing of the Salvation Army.

 

Assuming an amendment process is initiated on July 7 by the City Commission, a hearing held on August 4, and final reading of an approving ordinance on August 11, building permits to modify the structure to increase occupancy in the basement could be released on August 12th unless directed otherwise by the Commission.  These land use and building permit approvals and the actual construction of modifications to the structure will bring the property into compliance with the code at the current location.

 

As an alternative to issuing permits after final reading of an ordinance to increase the occupancy, the City Commission may direct staff to issue permits immediately in order to provide an alternative to sleeping in tight quarters or sleeping outside.

 

Recognizing that the closing of the Salvation Army presents challenges for the homeless population, staff is of the opinion that modifying the building at the current shelter location would be the most expedient way to account for the Salvation Army closing and would also permit LCS and staff to concentrate efforts on processing land use approvals for a new location.

 

Recommended Plan of Action

 

After considering the City Code and the circumstances surrounding this land use, staff offers the following timeline and action steps to bring the current shelter into compliance with the code and to maintain focus on relocating the shelter.

 

Timeline and Action Steps to bring current shelter into compliance

  • Immediate – LCS will not occupy the basement level until the SUP is amended and permits are issued to modify the structure.  The City will not seek enforcement of increased occupancy at the shelter until a decision has been made on amending the SUP to increase occupancy.
  • July 7 – An update on these issues is being presented to the City Commission through this memo and the City Commission is being asked to establish a hearing date to consider revising the SUP to increase the maximum occupancy at the current shelter to remedy the compliance issues.
  • July 8 or shortly thereafter – LCS shall submit building permit and HRC applications to bring 944 Kentucky into compliance with fire and building codes.
  • August 4 – A public hearing is conducted on increasing the occupancy at the shelter. 
  • August 11 – potential second reading of ordinance to increase the occupancy at the shelter.  
  • Building Permits – Per code, building permits would be eligible for release after the August 11 second reading of the ordinance, if approved.  However, LCS has verbally requested that building permits be issued prior to the August 4 hearing date in order to get a head start on construction.  LCS is not requesting occupancy of the new sleeping areas until the SUP amendment is completed.

 

Timeline and Action Steps relative to relocating the shelter

  • September 14 – Deadline to submit an application to extend the timeframe of the current SUP at the current shelter location if needed.  An update on relocation efforts shall be included with the application pursuant to Condition No. 2.b of SUP-01-02-07.
  • November 16 or 18 – Planning Commission considers request to extend timeframe.
  • December 8 – City Commission considers request to extend timeframe for current location.

 

Requested Action:

  1. Option 1- - Establish a hearing date of August 4, 2009 pursuant to Section 20-1306(l) of the Land Development Code to consider an amendment to SUP-01-02-07 to increase the overnight participant occupancy established per site plan note from 31 to 73 (75 total including staff) and withhold issuing building permits to modify the structure at 944 Kentucky until after a hearing is conducted and a determination is made on amending SUP-01-02-07 to increase occupancy at the shelter.
  2. Option 2 – Same as Option 1 except direct staff to issue building permits to modify the structure at 944 Kentucky prior to the hearing being conducted to increase occupancy from 31 to 73 (75 total including staff), but withhold occupancy for any new sleeping areas until a determination is made on amending SUP-01-02-07 to increase occupancy at the shelter.