Memorandum

City of Lawrence

Planning & Development Services

TO:	Planning Commission
FROM:	Scott McCullough, Director
Date:	March 3, 2011
RE:	Detention Use in the IG District of the Land Development Code

Staff recently became aware that the Federal Bureau of Prisons, an agency of the U.S. Department of Justice, is seeking proposals to build and/or operate a transitional detention facility that includes a catchment area of at least four counties, including Shawnee, where offenders would be returning after completing their sentence.  During the discussion and review it was noted that the apparent use falls within the definition of “Detention” in the Land Development Code.

The Detention use is permitted only in the IL and IG districts.  It is permitted with special use approval in the IL district and is permitted by right in the IG district.  One of the central issues related to the recent discussions about such a facility is whether a facility would be serving the needs of the Lawrence community or the needs of the region, with Lawrence receiving potentially negative impacts and the region receiving the benefit.  That Lawrence has the potential to be looked at as a site for the region may create a circumstance where Lawrence is taking on a disproportionate share of the public safety costs and the real or perceived social impacts associated with the facility, especially if data shows that the majority of returning offenders are not returning specifically to the Lawrence community.  Permitting the use by right in IG does not allow staff, the Planning Commission, or the City Commission to ask this or other important questions regarding such a facility.

While such a transitional facility is warranted and even necessary, questions regarding the local cost/benefit and land use compatibility of such a facility may be best suited to a public hearing process and decision of the City Commission.  One way to accomplish this is to amend the IG district in the Land Development Code from the Detention use being permitted by right to instead requiring a special use permit for the use.  The end result would be that any type of Detention facility would need SUP approval in the IL and IG districts.

Action requested:  Consider initiating a text amendment to the Land Development Code – Code of the City of Lawrence, Kansas to require the Detention use to be approved through the Special Use process in lieu of being permitted by right.