ORDINANCE NO. 9643

SPECIAL USE PERMIT NO. SUP-18-00564

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, GRANTING A SPECIAL USE PERMIT FOR A TEMPORARY SHELTER ON THAT REAL PROPERTY, COMMONLY KNOWN AS 944 KENTUCKY STREET, LAWRENCE, DOUGLAS COUNTY, KANSAS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1. In accordance with City of Lawrence, Kan., Code §§ 20-1306 and 20-1307(c)(2)  (Jan. 1, 2018), as amended, the Governing Body of the City of Lawrence, Kansas, hereby grants to the owner/applicant Special Use Permit, No. SUP-18-00564, for that real property, commonly known as 944 Kentucky Street, Lawrence, Douglas County, Kansas, and bearing the following legal description, to-wit:

Lots 90 and 92 on Kentucky Street in the Original Townsite of the City of Lawrence, Douglas County, Kansas,

permitting that real property to have that special use set forth in Section 2, infra, subject to the conditions established in Section 3, infra.

SECTION 2. The City hereafter permits the subject real property, as granted in Section 1, supra, in accordance with Special Use Permit, No. SUP-18-00564 to have the following special use: Temporary Shelter.

SECTION 3. The Special Use Permit granted in Section 1, supra, and the permitted special use described in Section 2, supra, are subject to the general conditions established in Chapter 20 of the Code of the City of Lawrence, Kansas, 2018 Edition, as amended, and is also subject to the following conditions:

(a)        Provision of an executed site plan performance agreement prior to the release of the approved plans for building permit.

(b)        The drop-in center, a Temporary Shelter use, is subject to the provisions laid out in the Operation and Management Plan and attachments, except as enhanced or modified by the following:

(i)         The maximum occupancy of the shelter is limited to no more than twenty (20) homeless guests and a total of thirty (30) total individuals, including volunteers, counselors, interns, etc.

(ii)        A minimum of two staff/volunteers shall be present on the site during operational hours.

(iii)       Hours of operation shall be limited to 2:30 p.m. to 6:30 p.m., inclusive, seven days per week.

(iv)       No loitering or outdoor use is permitted on the property outside of the hours of operation.

(c)        The operator shall hold neighborhood meetings to provide information on the center and to receive input from nearby property owners and residents.

(i)         The first neighborhood meeting shall occur within 1 month of the City Commission’s approval of the special use permit and no later than April 19, 2019, and the second shall occur 6 months later. Meetings shall be held annually in subsequent years.

(ii)        At least 20 days before the meeting date, the operator shall mail written notice of the meeting to all property owners within 400 feet of the subject property based on a property owner list obtained from the Douglas County Clerk’s Office.

(d)        The special use permit shall expire three years from the date of publication of the ordinance summary in the newspaper.

(e)        The operator will provide an annual report to the City Commission by March 1 of each year, which report shall include the following information about the prior year’s activity at the shelter:

(i)         The number of volunteers trained;

(ii)        The number of guests served; and

(iii)       The date and outcome of the annual public meeting.

SECTION 4. Failure of the applicant, owner, or any successor or assign to abide by the requirements of Chapter 20 of the Code of the City of Lawrence, Kansas, 2018 Edition, as amended, shall be cause for the City to revoke Special Use Permit, No. 18-00564, in accordance with City of Lawrence, Kan., Code § 20-1605 (Jan. 1, 2018), as amended.

SECTION 5. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance. 

SECTION 6.  This ordinance shall be in full force and effect from and after its passage and publication as provided by law.

PASSED by the Governing Body of the City of Lawrence, Kansas, this _______ day of_______, 2019.

 APPROVED:

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Lisa Larsen

Mayor

ATTEST:

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Sherri Riedemann

City Clerk

APPROVED AS TO FORM:                   

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Toni R. Wheeler

City Attorney