PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

PC Staff Report

02/23/11

ITEM NO. 2:              SPECIAL USE PERMIT FOR THE RENEWAL OF LAWRENCE COMMUNITY SHELTER, 944 KENTUCKY STREET (SLD)

SUP-12-10-10: Consider the renewal of a Special Use Permit and a request to increase the maximum occupancy, year round, from 57 persons to 82 persons (including staff) for Lawrence Community Shelter, located at 944 Kentucky Street/214 W. 10^th Street. Submitted by Lawrence Community Shelter, tenant, for James Dunn, property owner of record.

STAFF RECOMMENDATION: Planning Staff recommends approval of the renewal of the LCS Special Use Permit for one year 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. SUP approval granted for period of one year to expire April 30, 2012.

2. Submittal of quarterly reports to the City Commission regarding the status of fundraising and construction progress for a permanent facility.

3. Submittal of an annual report to the Planning Office within the first calendar quarter of the year.

a. The report shall include: a listing of law enforcement & emergency response 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.

4. Revision of the site plan to update notes to state:

a. Identification of expiration dates, HRC, PC and CC action dates, as necessary to reflect SUP-12-10-10 approvals. 

b. Amend existing notes “D and E” to states; “The noncompliant fence and carport will be removed when the SUP expires or when the Shelter moves to a new location. (Condition of DR-10-118-09)”

c. Modify plan to indicate improvements shown were completed following the 2009 approval. (Show site conditions as they are now.)

d. Modify table summary to provide building summary for total building.

5. Execution of a new Site Plan Performance Agreement.

6. Publication of an ordinance per Section 20-1306(j).

Applicant’s Reason for Request:

“To extend the current SUP for one year to coincide with the relocation of the Lawrence Community Shelter to its new permanent site at 3701 Franklin Park Circle.”

KEY POINTS

· This request is to extend the operation of the Shelter at the 944 Kentucky site for one (1) year to expire on April 30,2012.

· This request includes a petition to allow a maximum occupancy of 82 persons year round.

· The current approval lonely permits the higher occupancy between October 1 and April 1 only.

· There are no proposed physical changes to the site included in this application.

· The subject property is within the environs of several landmark properties and the Downtown Historic District. On November 19, 2009, the Historic Resources Commission approved the requested two-year extension of the Special Use Permit (DR-10-118-09) subject to conditions. 

FACTORS TO CONSIDER

CHARACTER OF THE AREA

· The area is characterized by a mix of community and residential uses.

CONFORMANCE WITH HORIZON 2020

· The proposed use conforms with several recommendations and policies of Horizon 2020.

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

· None to date.

ATTACHMENTS

· Approved management plan for 944 Kentucky site.

· Site plan – no changes proposed to approved site plan.

· Summary of History of Approvals for 944 Kentucky.

· Conditions of Approval Ordinance Numbers 8493 and 8100.

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:	6,515 gross square feet
Parking Provided:	10 spaces, including 1 accessible space

Review and Decision-Making Criteria (Land Development Code Section 20-1306(i))

1.         WHETHER THE PROPOSED USE COMPLIES WITH ALL APPLICABLE PROVISIONS OF THIS DEVELOPMENT CODE

Applicant’s Response: “Yes.  The use, however, is subject to approval of a Special Use Permit.”

Temporary shelters are permitted in the RMO (Multi-Family Residential-Office) District with a Special Use Permit. This request is for renewal of a Special Use Permit for the Lawrence Community Shelter (LCS). The applicant is requesting a one year extension for this Special Use Permit (SUP) while fundraising and construction of a permanent facility is completed. There are no physical changes to the site.

Staff Finding – The proposed use is consistent with applicable provisions of the Land Development Code.  

• There is no change to this finding from the previous consideration SUP-10-10-09.

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: “Yes.”

Land uses surrounding this property include residential, office, and institutional uses, as well as a public parking. The site is located within a mixed-use area on the fringe of Lawrence’s downtown, close to bus routes and other public services. No physical changes are proposed to the site.

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 shelter operations are provided 24/7. 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.

Staff Finding – During the August 4, 2009 City Commission hearing, there was acknowledgement that this location is not ideal as a permanent shelter serving this many individuals.  There was also recognition that this location may need to be used beyond April 2011 while a permanent facility was constructed.  The City Commission approved a permanent shelter at 3701 Franklin Park Circle. Limiting the extension of this SUP is appropriate.

• This finding has been updated to reflect approval of the Franklin Park site.

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 a renewal of existing SUP, the continued use will not cause any further, if there ever was any, diminution in value of neighboring properties. In fact, in recent years, a developer renovated and sold expensive condominiums in an historic building across the street diagonal from the shelter which probably increased the neighboring property values.”

Littering and loitering are typical concerns cited as contributing to diminished values by opponents of this land use.  Staff contacted various City departments that provide services to the general area to inquire about the current status of the site. Site visits were made by City staff to determine that the Shelter is operating concurrently with the approved conditions of the SUP.

Parks & Recreation staff provides maintenance/trash pick-up in all of the downtown parking lots.  Previously, this Department contended that more time was required to pick up litter in the parking lot across the alley from the shelter. This was attributed to the increased use and overflow Shelter activities. In response, LCS renewed its commitment to assist with regular litter cleanup for nearby properties.  The previous approval included the provision of a note on the face of the site plan regarding this commitment. This note is also included on the attached site plan for this application. Parks and Recreation staff recently reported that while occasional personal items are found in the public landscaping the overall impression is an improved situation in the past year with regard to litter.

An outside security guard position was added to Shelter staff. This staff member patrols the property at various times of day and evening hours with an irregular schedule. This allows for the application of a “surprise inspection” to avoid people anticipating rounds of the guard, thus encouraging good behavior.

Planning staff is unaware of any active property violations for this site. The shelter appears to be operating in compliance with previous approvals granted for this use at this location.

Staff Finding – A management plan for this specific site was approved by the City Commission in June 2010. It is assumed that these provisions have improved conditions and operations at the site.

With continued vigilance of LCS staff in keeping the grounds free of debris and with the continued employment of an outside security guard, the continued use of the shelter should not cause 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. Approval of the Special Use Permit includes the approval of the existing management plan for the site.

• This finding has been updated to reflect recent changes and current operations of the Shelter based on the adopted management plan.

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

The building located at 944 Kentucky has been in existence since 1962.  The drop-in shelter operated from this location beginning in 1999. The Shelter has operated at this location since 2003. Fire/medical, police, transportation, and public utility services are established to provide service to the subject site.

Staff Finding – Building improvements were made in 2009 including upgraded egress access and the addition of fire sprinklers. These life safety improvements were made to accommodate an increased occupancy of the building.

• This finding has been updated to reflect improvements made to the site in 2009.

5.        WHETHER ADEQUATE ASSURANCES OF CONTINUING MAINTENANCE HAVE BEEN PROVIDED

The site plan functions as the enforcement document, ensuring that use and maintenance of the property 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.

The existing approval limits the maximum occupancy to 82 persons (including staff) between October 1 and April 1. This request specifically includes an amendment to allow the occupancy of 82 persons (including staff) year round during the life of the Special Use Permit. This change in the operation of the Shelter does not affect the maintenance of the property.

Staff Finding –As noted above, a management plan was approved for this site. The plan provides for continued maintenance.

• This finding is updated to reflect the approved management plan and the requested change in occupancy.

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.

• There is no change in this finding from the previous consideration SUP-10-10-09.

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

This request has been made for a one year renewal and to allow the maximum occupancy (including staff) to be increased from 57 to 82 persons year round.  The applicant has been working to secure a permanent facility. Staff will provide any updates regarding that progress at the Planning Commission meeting, if any is available at that time. The following table shows the previous and projected construction timing for moving to the permanent facility to be located at Franklin Park Circle.

September 2010 Estimated Schedule	January 2011 Estimated Schedule
Final drawings completed                       January 31, 2011 Bidding and permit process completed    February 28, 2011 Construction/renovation completed           August 31, 2011	Final drawings completed                         April 5, 2011 Bidding and permit process completed     April 26, 2011 Construction/renovation completed     October 31, 2011

Staff Finding – As previously noted, during the City Commission hearing in August 2009, the Commission recognized that the shelter has outgrown this location but cannot easily relocate until a permanent facility is available.  LCS is pursuing relocation and renovation of an existing building with a design tailored to its operational needs.  The City Commission approved a Special Use Permit for 3701 Franklin Park Circle.

This request is for renewal of the use for one year. Additional extensions, if needed would be subject to a new Special Use Permit application, review and approval.

A time limit is included to clearly articulate the expectation of this application.

• This finding has been updated to reflect approval of the Franklin Park site.

STAFF REVIEW

In the summer of 2009, LCS requested permission to expand the number of guests permitted to stay overnight due to the increased demand following the closure of the Salvation Army overnight shelter.  The City Commission approved the expansion to accommodate a total of 77 overnight guests (82 persons including staff) from October 1, 2009 – April 1, 2010. In the spring of 2010, the City Commission approved a Special Use Permit until April 2011. (SUP-10-10-09)

The applicant is requesting a one year renewal of the Special Use Permit for the Lawrence Community Shelter.  This request also includes a request to increase the maximum occupancy from 57 to 82 persons, year round. This increase is currently allowed from October 1 to April 1 because of extreme weather.  Staff is supportive of such a renewal. The Commission previously requested milestones be established to monitor progress towards the permanent facility site.  Quarterly reports have been provided to the City Commission regarding fundraising status and project progress.

The extension recommendation is subject to the relevant previous conditions of approval imposed on the shelter operation at this location.  The shelter should also continue to submit an annual report which includes a listing of law enforcement & emergency response 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 Action

The subject property is within the environs of several landmark properties and the Downtown Historic District.  This extension request was conditionally approved by the HRC on November 19, 2009.  The Conditions of Approval related to the carport address the need to either remove the structure or to submit necessary drawings for the construction of a new structure that complies with the minimum design standards for properties within historic environs.

• If approved for only one year then the carport shall be removed from the site.

• Further extension of the approval for the use may require additional review by the Historic Resources Commission related to permanent structure improvements. 

Staff recommends the notes on the face of the site plan be updated to reflect the recent approvals associated with this application and to note that any future extension of the shelter may be subject to a new consideration by the Historic Resources Commission.