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PLANNING COMMISSION REPORT Regular Agenda – Public Hearing Item |
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PC Staff Report 02/27/12 |
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ITEM NO. 2: SPECIAL USE PERMIT FOR THE RENEWAL OF LAWRENCE COMMUNITY SHELTER, 944 KENTUCKY STREET (SLD)
SUP-12-7-11: Consider a Special Use Permit for a renewal of the Lawrence Community Shelter, located at 214 West 10th /944 Kentucky Street. Submitted by Loring Henderson, for James Dunn, property owner of record.
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STAFF RECOMMENDATION: Planning Staff recommends approval of the renewal of the LCS Special Use Permit for the time period noted below 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. The Special Use Permit shall expire on December 31, 2012. 2. Provision of a note on the face of the site plan that states that the car port shall be removed by December 21, 2012 or concurrently with the vacating of the property by the Lawrence community Shelter, or plans submitted for a structure compliant with the Historic Resources guidelines. 3. Publication of an ordinance per Section 20-1306(j). |
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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 in 2013.
· The shelter is in the process of relocating to 3701 Franklin Park Circle.
· This request does not amend the sleeping capacity or any other restriction previously associated with this use at this location.
· 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.
FACTORS TO CONSIDER
CHARACTER OF THE AREA
· The area is characterized by a mix of community and residential uses.
WHETHER IT IS APPROPRIATE TO PLACE A TIME LIMIT ON THE USE
· A time limit is recommended for this application.
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.
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GENERAL INFORMATION (No changes to summary information) |
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Current Zoning and Land Use: |
RMO (Multi-Dwelling Residential-Office) District; Lawrence Community Shelter. |
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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. |
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Site Summary |
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Lot Size: |
.27 acres (11,761 square feet) |
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Building Area: |
6,515 gross square feet |
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Parking Provided: |
10 spaces, including 1 accessible space |
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.”
Staff Summary
This request is for the extension of the use for a Temporary Shelter Use - Lawrence Community Shelter, to continue operation until anticipated move to permanent facility expected in fall 2012. There are no proposed changes to the application, building, or management plan associated with this request.
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 (SUP). This request is for renewal of a SUP for the Lawrence Community Shelter (LCS). The applicant is requesting a one year extension for this SUP to accommodate the required construction schedule and move to the new facility. There are no physical changes to the site.
Staff Finding – The proposed use is consistent with applicable provisions of the Land Development Code and previous approvals for this site.
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 lot. The site is located within a mixed-use area adjacent to Downtown Lawrence. 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.
During previous City Commission meetings, there has been acknowledgement that this location is not ideal as a permanent shelter serving this many individuals. There has also been recognition that this location may need to be used beyond April 2011 while a permanent facility is constructed. The City Commission approved a permanent shelter at 3701 Franklin Park Circle.
A permanent facility has been approved with anticipated relocation in the fall of 2012. This use is temporary in this location given the expectation of the relocation to a permanent facility in the fall of 2012.
Staff Finding – The facility is acknowledged as being less than ideal given the size of the facility and the demand for services. The demand for services exceeds the building capacity to efficiently provide services. The City Commission approved a permanent shelter at 3701 Franklin Park Circle.
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.
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. This commitment is reflected as a note on the face of the plan per previous approvals. Parks and Recreation staff reported that while occasional personal items are found in the public landscaping the overall impression is an improved situation 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. The shelter is operating in compliance with previous approvals granted for this use at this location. Also, a management plan for this specific site was approved by the City Commission in June 2010. This plan addresses several site and operational standards of maintenance and behavior expected for this use.
Staff Finding – A management plan for this specific site was approved by the City Commission in June 2010. 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. Approval of the Special Use Permit includes the approval of the existing management plan for the site.
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 and provide service to the subject site. 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.
Staff Finding – Adequate public facilities are available to continue to serve this site.
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 approved Management Plan includes provisions for maintaining appropriate behavior on LCS property, ensuring that bicycles are properly parked, removing litter from the property, and prohibiting extended parking of non-functioning vehicles.
Staff Finding –As noted above, a management plan was approved for this site. The plan provides for continued maintenance of the site.
6. WHETHER THE USE WILL CAUSE SIGNIFICANT ADVERSE IMPACTS ON THE NATURAL ENVIRONMENT
Applicant’s Response: “No.”
This property is located within an urban setting. Much of the property is developed with building and parking lot areas. The natural environment is limited to the lawns and street trees of the property. There is no designated floodplain that encumbers this property.
Staff Finding – No new development is proposed with the subject application. Thus, the natural environment will not be impacted with renewal of this SUP.
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. The applicant has been working to secure a permanent facility. The following table shows the estimated construction timing, as provided by the applicant, for moving to the permanent facility to be located at Franklin Park Circle.
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Estimated Schedule |
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February 1, 2012 Invitation to bidders February 17, 2012 Bid Documents Available to Bidders February 20, 2012 Permit documents issued to city February 23, 2012 Pre-Bid meeting with bidders March 8, 2012 Bids Received March 22, 2012 Contract Awarded September 7, 2012 Estimated Construction Substantially Complete September 7-15, 2012 Shelter furniture and equipment installed September 16-21, 2012 Shelter move |
It should be noted that this is an estimated schedule. The projected date for final relocation to the Franklin Park Circle site will be contingent on the construction schedule. The projected move is mid to late September 2012.
Staff Finding – As previously noted, the shelter has outgrown this location but cannot easily relocate until a permanent facility is available operationally. LCS is pursuing the renovation of 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, but based on the anticipated relocation scheduled, the Special Use Permit time period can be shortened to expire by year’s end and still provide a cushion of time to veer from the relocation time frame. The time limit is included to clearly articulate the expectation of this application.
STAFF REVIEW
The applicant is requesting a one year renewal of the Special Use Permit for the Lawrence Community Shelter. This request would not alter the current occupancy limits of the facility. Staff is supportive of such a renewal.
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 February 16, 2012. 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. A condition of approval states that the car port must be removed or plans for a permanent structure compliant with Historic Resource Guidelines and approval is required.
Conclusion
This request represents a temporary measure to accommodate the transition from the existing site to the new site. No physical changes to the site or operation of the use are proposed with this request. Staff recommends that the car port be removed from the site prior to final vacation of the property to the new location or plans for a permanent structure compliant with Historic Resource Guidelines. This recommendation is reflected as a condition of approval.