USE PERMITTED UPON REVIEW
Extension of Use Request
November 30, 2004
UPR-01-01-03: A request for a five-year extension to operate the Lawrence Open Shelter; 944 Kentucky. This request includes the potential to expand into a portion of the building to increase the maximum occupancy from 20 to 30 persons nightly. Requested by Loring Henderson, Director, Lawrence Open Shelter. James & Nancy Dunn are the property owners of record.
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Summary of Request: |
The request consists of two parts:
The City Commission approved the Use Permitted upon Review in April 2003 with a condition that specified the UPR would expire one year after the date the occupancy Permit for this shelter was granted [December 8, 2003] and indicated the applicant would need to request and obtain approval of an extension to continue operating the shelter at this location.
The applicant has also requested permission to expand the shelter into a portion of the vacant office space within the existing building to increase the maximum occupancy to serve 30 persons nightly. This request is contingent upon LOS and the property owner reaching an agreement regarding the use of the additional space.
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Staff Recommendation: Planning staff recommends approval of the extension request for the Use Permitted upon Review for the Lawrence Open Shelter subject to the following conditions:
1. Provision of a revised site plan to include the following changes: a. If LOS expands into other portions of building, update square footage of area to be utilized by LOS and leasable office space AND update parking summary to reflect expanded use and parking available for office space; b. Provision of a note indicating the use is permitted for five years. If operation beyond that time is desired, the applicant will need to reapply to the Planning Commission and City Commission for approval prior to December 2009. c. Provision of a note indicating that an annual report of Shelter activity will be provided to Planning Staff each year.
2. Completion of an inspection by the Fire/Medical & Neighborhood Resources Departments prior to occupancy of the proposed expansion area; and
3. Execution of a site plan performance agreement.
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B. GENERAL INFORMATION
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Current Zoning and Land Use: |
RO-1 (Residence-Office) District; existing office building which currently houses the Community Drop-In Center, the Lawrence Open Shelter, and vacant office space. |
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Surrounding Zoning and Land Use: |
RO-1 (Residence-Office District) to the north, south and west; existing residences and/or office uses to the north and west; church to the south.
C-3 (Central Commercial District) to the east; public parking lot to the east with churches to the northeast and southeast.
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C. STAFF REVIEW
The applicant has provided a statistical report for the first eleven months of operation at the Lawrence Open Shelter [December 2003 through October 2004]. The report indicates LOS has provided shelter for an average of 20 persons per night over this period of time. The City Commission, in April 2003, granted LOS a one year approval in order to provide time for the organization to implement the shelter program and to provide an opportunity to review its impacts in the neighborhood. Attached to this report is a correspondence packet which includes ten letters of support from nearby residents and organizations. Staff has also received correspondence from concerned residents and property owners expressing a desire for more oversight of external activities near the shelter.
Site Data: The subject property is located on the east side of the 900 block of Kentucky Street. The property is developed with an existing office building that houses the Community Drop-In Center; the Lawrence Open Shelter; and vacant office space. A UPR for the Drop-In Center was approved in December 1999. The City Commission approved expanded hours for the Drop-In Center in September 2001. The proposed use is for continued operation of an overnight shelter and the potential expansion of the overnight shelter into a portion of the currently vacant office space.
Program Operation: The shelter program operates from 8:00 PM until 8:00 AM. The program includes on-site staff during the operation. Program participants are not permitted to come and go at random. Once admitted, they are expected to stay the night with the exception of health or work requirements. Participants may be permitted to smoke outside the premises in a smoking courtyard that is located between the parking lot and the east side of the building. The shelter’s policies and operating procedure will be provided in a notebook and be maintained on the property during the program operation. The primary entrance to the program was required to be located on the east side of the building to reduce the foot traffic impacts to the nearby residential properties to the west.
Off-Street Parking: The approved site plan, which was updated with the April 2003 approval of UPR-01-01-03, indicates there are 12 parking spaces provided. Two parking spaces are allocated to the LOS operation and one space to the Community Drop-In Center. The remaining nine spaces have been allocated to the leasable office area. When the LOS request was first approved, the application indicated that two staff persons would be on-site during operations as well as volunteers. The volunteers are directed to utilize nearby public parking (a city parking lot is located east of the property across the alley). If additional staff are required on-site to support the expanded use, an additional on-site parking space will be required to support the LOS use. If the proposed expansion to accommodate a maximum of 30 persons nightly is approved, the site plan summary will need to be updated to reflect the revised parking requirements and the square footage of available office space within the building. Sufficient parking to support the proposed expansion and remainder of the building for office uses is provided on-site.
Expansion Request: If the City Commission approves the expansion of the shelter operation, the applicant will need to make improvements to the building similar to those previously required. These include the installation of a sprinkler system and smoke alarms to provide fire protection. Additional exits may need to be designated to meet current fire code requirements. Permits for this work must be obtained from the Neighborhood Resources Department prior to construction. The additional area will require inspection by the Fire/Medical Department prior to occupancy of that additional space.
Site Concerns: Staff has received concerns that outdoor activity (including the possible consumption of drugs and alcohol) has resulted in negative impacts to surrounding property owners and residents. The comments also included concerns that litter and overflowing trash will eventually result in the loss of an additional parking space on site and the need for the location of an additional dumpster. The City Solid Waste Division Supervisor has indicated that the uses on site do not warrant the location of a second dumpster and that the frequency of trash pick up can be increased to address volume issues.
The property owner has suggested that the City start a pilot recycling program at this location to alleviate the need for a second dumpster. The Solid Waste Division Supervisor has indicated that the building can participate in office paper recycling collection by the City, if so desired. The Supervisor has also indicated that a cardboard recycling container is located in the alley north of this site and that a newspaper drop-off box is located a block away on the Douglas County Bank site. It does not seem prudent to begin a new program at this location unless the City anticipates support of similar programs throughout the community. Staff recommends that the LOS staff increase their efforts to educate the guests they serve regarding the recycling opportunities in the area and to encourage guests to be attentive to the appearance of the property.
Five Year Extension Request: Staff has received comments indicating a concern with a five year approval for the Shelter operation. The Zoning Regulations (current and proposed) provide an opportunity for review of Special Use Permits at any time. The new development code permits this review to be initiated by City staff, Planning Commission or the City Commission at any time. The regulations provide for a public hearing with the ability to amend or revoke a permit should the impacts become detrimental to nearby residents or property owners. In Staff’s opinion, the regulations provide a safeguard for review and extension of the approval for five years is reasonable. This approval also provides the Lawrence Open Shelter with the ability to do long-range planning for the organization. It is reasonable to require the organization to provide an annual report of Shelter activities to staff for review.
Original Findings of Fact:
EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY - As noted the proposed change does not alter the base zoning district. The addition of a homeless shelter at this location will not necessitate the alteration of current zoning limitations. Operation of the shelter and ancillary activities in accordance with the identified operational policies should reduce the potential for negative impacts to nearby property owners.