PLANNING COMMISSION REPORT

Regular Agenda -- Public Hearing  Item

PC Staff Report

5/25/11

ITEM NO. 13      TEXT AMENDMENT TO CITY OF LAWRENCE DEVELOPMENT CODE; TO ALLOW DETENTION FACILITES AS A PERMTTED USE IN THE IG DISTRICT (SLD)

 

TA-3-5-11: Consider a Text Amendment to the City of Lawrence Land Development Code, Chapter 20, Article 4, Section 20-403 to change “Detention” from a use permitted by right in the IG (General Industrial) District to one permitted with Special Use approval. Initiated by Planning Commission on 3/28/11.

 

RECOMMENDATION:  Staff Recommendation

Staff recommends approval of the amendment to Section 20-403 of the Land Development Code to change “Detention” from a use permitted by right in the IG (General Industrial) District to one permitted with Special Use approval.

 

Staff also recommends that the Planning Commission initiate a text amendment to Section 20-403 to include Detention as an allowed use in the GPI district (this use could be permitted as either by right or as a Special Use, depending on a more complete analysis of the change).

 

 

Reason for Request:

A potential land use compatibility conflict has been identified that could be better addressed through the Special Use Permit process.

 

RELEVANT FACTOR:

·   Conformance with the Comprehensive Plan.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

·  None to date.

 

ATTACHEMENTS

·   Industrial Zoning Map

 

OVERVIEW OF PROPOSED AMENDMENT

·      The purpose of the IG district listed in section 20-216 of the Land Development Code states:

 

“The IG, General Industrial District, is primarily intended to accommodate moderate- and high-impact industrial uses, including large scale or specialized industrial operations requiring good transportation Access and public facilities and services. This district is generally incompatible with residential areas and low-intensity commercial areas.”

·      “Detention” is a use listed as a Community Facility in the Public and Civic Use Group in the Nonresidential District use table in section 20-403.

·      “Detention is currently listed as a permitted use in the IG district and a Special Use in the IL District.

·      This text amendment would modify the use table in section 20-403 to change “Detention” from a use permitted by right to a Special Use in the IG district.  

 

 

CRITERIA FOR REVIEW AND DECISION-MAKING

Section 20-1302(f) provides review and decision-making criteria on proposed text amendments.  It states that review bodies shall consider at least the following factors:

 

1)            Whether the proposed text amendment corrects an error or inconsistency in the Development Code or meets the challenge of a changing condition; and

 

Applicant Response The City is the applicant for this request.

 

STAFF DISCUSSION

The Development Code was designed with separate districts and distinct purposes. Not all uses are allowed in all districts; however, some uses can be found or located in more than one district and some uses are permitted with the Special Use Permit process in order to provide the opportunity to review specific site elements. The purpose of the Development Code is intended to implement Horizon 2020:[1]

 

“in a manner that protects, enhances, and promotes the health, safety, and general welfare of the citizens of Lawrence”.

 

A Detention Facility is defined in Section 20-1721 as:  

 

“a facility for the housing of persons in the custody of government agency awaiting trial or serving a sentence after being found guilty of a criminal offense.”

 

As a detention facility, there is a residential component to this use. Certain federal standards indicate that shared use buildings may not be allowed if the facility will be part of a building in which other business(s) share space which could be construed as a conflict of interest to the mission of a community based correctional facility. For example, it would be inappropriate to share space with a business which serves alcohol.[2] It is assumed that these uses generally have other land use separation requirements from specific uses. 

 

Much of the Industrial land located in Lawrence occurs in a pattern where residential uses abut industrially zoned land. The primary purpose of the Development Code is to implement the comprehensive Plan, Horizon 2020. This plan gives deference to neighborhoods and residential uses. A key feature of the plan, “recommends that the City and county consider utilizing development/performance standards for all major land development projects. Standards would give the community reasonable control over design and development, and provide developers incentives for creative and quality new development.”  The Special Use Permit review process is one such tool that allows for review of applicable standards for development where potential land use compatibility concerns may exist.

 

This use is currently allowed in the IL (Limited Industrial) District and with a Special Use Permit; allowed in the IG (General Industrial) district as a permitted use is not allowed in the IBP (Industrial Business Park) District. There are no use standards or regulations associated with a Detention facility. Two existing Detention facilities located in the City of Lawrence are currently zoned GPI (General Public and Institution) District. However, the use, “Detention” is not a permitted use in the GPI district. This is an error in the Development Code and will need a future text amendment to correct.

 

This use is typically a governmental function more appropriately located in the GPI district though private facilities can exist. A detention facility, especially one serving a catchment area larger than the City or County, can impact a community’s social service providers, police, fire, and medical services. A detention use operates 24/7 and can result in operational incompatibilities. Revising the Development Code to allow the use as a Special Use in the IG district allows for additional review to address the community service demands as well as ite compatibility with surrounding uses.

 

Allowing this use in the IG district subject to a Special Use Permit provides the community greater choices in locating a detention facility while providing a format to ensure that appropriate site concerns are addressed.

 

A related but separate Development Code inconsistency is the recognition that Detention uses are currently located in the GPI (General Public and Institution) district but this is not currently a permitted use in that district. Detention facilities are commonly associated with governmental functions. The Development Code was specifically revised to include a zoning category that reflected the public nature of specific land uses. The Development Code should be revised to allow Detention uses in the GPI district as a permitted use. Modification of the Code to allow Detention uses in the industrial districts as a special use provides choices and protects the industrial inventory for its intended purpose.  

 

Currently the Development Code:

·        Permits “Detention” uses in the IL district subject approval of a special use permit.

·        Permits “Detention” uses in the IG district as a use allowed by right.

·        Does not permit “Detention” uses in the GPI district. Existing “Detention” uses located in the GPI district do not conform to the uses allowed in the base zoning district.

 

Approval of this request will introduce consistency to the Development Code for “Detention” uses that does not currently exist. A future revision of the Development Code to allow a “Detention” use in the GPI district will fully resolve the current code inconsistence for this use.

 

2)            Whether the proposed text amendment is consistent with the Comprehensive Plan and the stated purpose of this Development Code (Sec. 20-104).

 

Applicant Response The City is the applicant for this request.

 

STAFF DISCUSSION

Comprehensive Plan Consistency

Community facilities are addressed in Chapter 10 of Horizon 2020. The plan acknowledges that the need for pubic and semi-public uses is difficult to project. This chapter focuses on education facilities, municipal buildings and facilities, and utilities.

 

Municipal buildings and facilities specifically considered in Horizon 20202 are fire protection, emergency services, police and sheriff facilities, municipal offices, public works facilities, libraries and museums. The plan notes the completion of the juvenile detention center that serves a multi-county region and plans for expansion of the County Jail facility. This expansion plan reference resulted in the development of the Douglas County jail facility located in southeast Lawrence in the late 1990’s.

 

Municipal Buildings and Facility Strategies noted in Horizon 2020 include:

·         Close intergovernmental cooperation is recommended to ensure, to the greatest degree possible, facilities and services are maximized while minimizing duplication.

·         The potential for privatization of municipal services should continue to be explored. The city and county objective is to maximize desired services for residents while providing service delivery at the lowest possible cost. The strategy also includes the consolidation of service providers and entities wherever possible.

 

This proposed text amendment, if approved, would continue to allow a “Detention” use to be located in the IG district but would first require approval of a Special Use Permit. Horizon 2020 supports a mix of uses as well as appropriate land use transitions between residential uses and intensive non-residential uses.   A key strategy identified in Horizon 2020 is the preservation and retention of industrial related land use areas. Approval of this text amendment allows the more intensive base district to remain and provides a public process for the consideration of the benefits of allowing a specific use within an industrial area.

 

Industrial Strategies noted in Horizon 2020 include:

·     Protect, enhance, and retain existing industrial-related land use areas serving the community.

·     Encourage site availability, site improvements, and community amenities which best respond to the market demands for industrial and business development while maintaining the community objectives for the type and quality of such development.

 

Both the Community Facility Chapter and the Industrial Chapter of Horizon 2020 place importance on appropriate site design and land use transition between land uses. The purpose of the Development Code is to implement the Comprehensive Land Use Plan (Horizon 2020) “in a manner that protects, enhances, and promotes, the health, safety, and welfare of the citizens of Lawrence.” This text amendment continues to allow “Detention” Uses in the IG district but subjects the use to additional review to assure compatibility. Making the use subject to a Special Use Permit allows the specific use to be considered based on the unique characteristics of the property location and proximity to other land uses. It is in this way that the proposed text amendment is consistent with Horizon 2020 and the purpose statements of the Development Code.

 

Section 20-1721 defines a Detention Facility as a “facility for the housing of persons in the custody of government agency awaiting trial or serving a sentence after being found guilty of a criminal offense.“ This type of facility includes common institutional uses such as jails but can also include transitional facilities that are part of a court-ordered service known as a “residential reentry center.”

 

 Lawrence/Douglas County currently has two such facilities:


Douglas County Jail: 3601 E. 25th Street in southeast Lawrence.

·         GPI Zoning

·         Existing  beds 196

·         Planned  bed expansion 100

·         Total planned occupancy 300

·         Currently operating a reentry/work release program 10 to 15 beds average.

Youth Detention Facility: 330 Industrial Lane in North Lawrence.

·          GPI Zoning

·          Existing beds 14-16

·          Multi-county facility

·          90 – 95% Housing of Douglas County youth.

·          Includes a day school program.

 

Future expansions of both facilities are expected to be accommodated within the boundaries of the existing properties of which they are located.

 

 

 

Consistency with Development Code Purposes

 

Zoning Districts: The Development Code includes three industrial zoning districts, IBP, IL and IG. These districts are summarized in the following table.

 

INDUSTRIAL DISTRICT COMPARISON

20-214: IBP,

Industrial/Business Park District

20-215: IL,

Limited Industrial District

20-216: IG,

General Industrial District

Purpose

The IBP, Industrial/Business Park District, is intended to provide space in attractive and appropriate locations for certain low-impact employment and manufacturing uses in a planned industrial/business park setting.

 

 

Purpose

The IL, Limited Industrial District, is primarily intended to accommodate low-impact industrial, wholesale and warehouse operations that are employment-intensive and compatible with commercial land uses.

 

 

Purpose

The IG, General Industrial District, is primarily intended to accommodate moderate- and high-impact industrial uses, including large scale or specialized industrial operations requiring good transportation Access and public facilities and services. The District is generally incompatible with residential areas and low-intensity commercial areas.  

 

Individual uses may be permitted by right or as Special Uses within a given zoning district. The Development Code currently prohibits “Detention” uses in all residential and commercial zoning districts. They are also prohibited in the GPI district. If approved, this text amendment would revise table 20-403 of the Development Code to allow “Detention” in the IG district subject to a Special Use Review. Special Use Review provides a “discretionary approval process for uses with unique or widely varying operating characteristics or unusual site development features” (20-1306).

 

Impact on Industrial Inventory

The community has engaged in dialogue regarding industrial inventory and the need to protect and preserve that inventory as well as to identify new properties for employment-related uses. Each property and situation will include unique characteristics. This text amendment, by allowing “Detention” uses subject to a Special Use Review, allows for that individual assessment and specific decisions regarding the use of industrial zoned properties, impact on existing social service agencies and public services as well as any potential land use conflicts related to institutional uses and their associated support services.

 

Staff Recommendation

Staff recommends approval of the amendment to Section 20-403 of the Land Development Code to change “Detention” from a use permitted by right to as a Special Use in the IG District.

 

Staff also recommends that the Planning Commission initiate a text amendment to Section 20-403 to include Detention as an allowed use in the GPI district (this use could be permitted as either by right or as a Special Use, depending on a more complete analysis of the change).


 

DRAFT CODE TEXT

Changes noted in Strikeout, red and highlight (Partial Table Only)

 

20-403 NONRESIDENTIAL DISTRICT USE TABEL

Key:

A = Accessory

P = Permitted

S = Special Use

* = Standard Applies

- = Use not allowed

Base Zoning Districts

Use-Specific Standards

(Sec. 20-)

cn1

cn2

mu

co

cd

cc

cr

cs

ibp

il

ig

os

gpi

h

Public and Civic Use Group

Community Facilities

Cemetery

P*

P*

–

P*

–

P*

P*

P*

P*

P*

–

P*

P*

–

505

College/University

S

P

P

P

P

P

P

P

P

P

P

–

P

P

 

 

Cultural Center/ Library

S

P

P

S

P

P

–

–

P

–

–

S

P

A

 

Day Care Center

S*

P*

S*

S*

S*

P*

P*

P*

P*

P*

P*

–

–

–

507

Day Care Home, Class A

P

P

P*

–

P

P

–

P

–

–

–

–

–

–

 

Day Care Home, Class B

S*/A*

P*

S*

–

P

P

–

P

–

–

–

–

–

–

507

Detention

–

–

–

–

–

–

–

–

–

S

P S

–

–

–

 

Lodge, Fraternal and Civic Assembly

S*

S*

S*

S*

P*

P*

P*

P*

–

P*

–

–

P*

–

512

Postal & Parcel Service

–

P

P

P

P

P

P

P

P

P

P

–

P

–

 

Public Safety

S

P

P

P

P

P

P

P

P

P

P

–

P

–

 

School

 

P

P

P

P

P

P

P

P

–

–

–

–

P

–

 

Funeral and Interment

–

P*

–

P*

P*

P*

P*

P*

P*

P*

–

A*

–

–

505

Temporary Shelter

S*/A*

S*/A*

S*/A*

S*/A*

S*/A*

S*/A*

S*/A*

S*/A*

S*

S*/A*

S*

–

S*

S*/A*

544/522

Social Service Agency

P

P

P

P

P

P

P

P

P

P

P

–

P

P

 

Community Meal Program

S/A*

S/A*

S/A*

S/A*

S/A*

S/A*

S/A*

S/A*

S

S/A*

S

–

S

S/A*

522

Utility, Minor

P*/

S*

P*/

S*

P*/

S*

P*/

S*

P*/

S*

P*/

S*

P*/

S*

P*/

S*

P*/

S*

P*/

S*

P*/

S*

P*/

S*

P*/

S*

–

530

Utility and Service, Major

S

S

S

S

S

S

S

S

S

S

P

S

P

–

 

 


[1] Refer to 20-104 Land Development Code

[2] Taken from data at Bureau of Prisons Website: www.bop.gov/business/res_reentry_ctr_sow_2010.pdf (page 21).