PLANNING COMMISSION REPORT
Regular Agenda – Public Hearing Item
ITEM NO. 17: USE PERMITTED UPON REVIEW FOR LAWRENCE COMMUNITY SHELTER; 944 KENTUCKY (LAP)
UPR-09-06-05: A request to extend the Use Permitted upon Review for the Lawrence Community Shelter; 944 Kentucky/214 W. 10th Street [supercedes Lawrence Open Shelter (UPR-01-01-03) and Community Drop-In Center (UPR-10-11-99)]. This property is located at the northeast corner of Kentucky and W. 10th Streets. Submitted by Loring Henderson, Director of the Lawrence Community Shelter with permission from James C. and Nancy R. Dunn, property owners of record.
|
Reason for Request: |
To combine UPR-01-01-03 (Lawrence Open Shelter) and UPR-10-11-99 (Community Drop-In Shelter), construct a patio area between the eastern side of the building and the site’s parking area, and to increase the number of overnight guests from 28 to 31. |
|
KEY POINTS
|
|
GOLDEN FACTORS TO CONSIDER CHARACTER OF THE AREA
CONFORMANCE WITH HORIZON 2020
|
|
ASSOCIATED CASES/OTHER ACTION REQUIRED
· City Commission approval is required.
|
|
PUBLIC COMMENT RECEIVED PRIOR TO PRINTING
|
GENERAL INFORMATION
Current Zoning and Land Use: RO-1 (Residence-Office) District; Community Drop-In Shelter and Lawrence Open Shelter.
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, and church to the south.
C-3 (Central Commercial) District to the east; public parking lot.
Site Summary
Lot Size: .27 acres (11,761 square feet)
Building Area: 6515 gross square feet
Parking Required: 2 spaces
Parking Provided: 10 spaces, including 1 accessible space
I. ZONING AND LAND USES OF SURROUNDING PROPERTIES
Staff Finding - The properties to the north, south, and west are zoned RO-1 District, while the property to the east is zoned C-3 District. Land uses surrounding the subject property include single-family and multiple-family homes, office uses, churches, and public parking.
Staff Finding - The subject property is located on the fringe of downtown Lawrence. The RO-1 District provides a transition area between the downtown commercial uses and the predominantly residential neighborhood to the west. The 900 block of Kentucky Street includes a mix of single-family and multiple-family residences, as well as low-intensity office uses. Several churches to the east and south of the subject property provide a community-oriented character with places for public gathering and institutional support services.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
Staff Finding - A Use Permitted upon Review does not change the property’s underlying zoning of RO-1 District. The following three requests are included with the subject UPR application: combination of UPR 01-01-03 (Lawrence Open Shelter) and UPR-10-11-99 (Community Drop-In Center), construction of an outdoor patio area between the eastern side of the building and the facility’s parking area, and an increase in overnight capacity from 30 persons (28 guests + 2 staff) to 33 persons (31 guests + 2 staff). In November, 2004, the City Commission approved the expansion of the shelter’s capacity from 21 persons to 30 persons. Based on a recent Fire/Medical inspection, which shows additional available capacity, the shelter is now requesting to increase overnight capacity from 30 persons to 33 persons. A sign indicating a maximum occupancy of 33 persons will be posted at the primary entrance.
The subject site is located within a mixed use area on the fringe of the downtown area, close to bus routes and other public services. With strict application of the shelter’s policies, the property is suitable for a community shelter.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding - The property is currently developed with an existing office building that was constructed in 1962, according to Douglas County Appraisal records. An addition to the original building was constructed in 1969. The property has been zoned RO-1 since the adoption of the Zoning Ordinance in 1966.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
The shelter will continue to include daytime and nighttime uses. The drop-in shelter is open from 8 a.m. to 5 p.m. Mondays through Sundays, and 8 a.m. to 8 p.m. on Wednesdays. The overnight shelter is open from 8 p.m. to 8 a.m. Mondays through Sundays.
The shelter enforces a “no loitering policy” within 150 feet of the proposed property. Signage is posted, indicating that no loitering or smoking is allowed on the west side of the building. Three employees are on duty during the daytime shifts and two employees are on duty overnight. Volunteers and the director supplement the shelter’s staffing levels as needed.
Staff Finding - As noted, the proposed UPR would not alter the base zoning district of RO-1. The addition of a patio and increased capacity for overnight visitors, as well as the combination of the daytime and nighttime shelters, 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. Specifically, the addition of the patio area to the rear of the building should minimize loitering in front of the building and along 10th and Kentucky Streets. No additional parking is needed with the proposed changes, as shelter staff and volunteers utilize the site’s off-street parking spaces, and most shelter guests do not own vehicles. A city parking lot is also available directly east of the subject lot.
VI. RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY AND WELFARE BY THE DESTRUCTION OF THE VALUE OF THE PETITIONER’S PROPERTY AS COMPARED TO THE HARDSHIP IMPOSED UPON THE INDIVIDUAL LANDOWNERS
Staff Finding – Regarding the patio area, the gain to the public is an anticipated reduction in loitering in front of the building and along 10th and Kentucky Streets. The patio will provide an outside gathering place for shelter guests. An increase in overnight capacity will provide additional options for Lawrence residents who do not otherwise have basic shelter and housing. However, a balance must be maintained in providing services in an area of the community that can easily be accessed by those in need while not causing a disruption to the surrounding neighborhood through the concentration of a dominating land use. It is essential that LCS operators are attentive in implementing the shelter’s operating procedures to minimize potential negative impacts to nearby residents and property owners.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
CHAPTER TEN – COMMUNITY FACILITIES
“The nature of public and semi-public uses and the fact that they are permitted in residential areas makes it difficult to identify all appropriate sites. The plan therefore considers areas shown for the various residential categories as appropriate for many public and semi-public uses, provided access and buffering are considered in their location." (page 10-1)
COMMUNITY FACILITIES GOALS AND POLICIES
GOAL 1: Provide Facilities and Services to Meet the Needs of the Community (page 10-15)
Policy 1.1: Maintain Existing Facilities (page 10-15)
Policy 1.4: Combine Facilities (page 10-15)
Staff Finding – Horizon 2020 does not directly address the issue of UPRs. However, the plan’s recommendations regarding public and semi-public facilities are consistent with the applicant's desire to provide a secure shelter program for the homeless within an existing facility.
STAFF REVIEW
The subject property is located on the east side of the 900 block of Kentucky Street. The property is developed with the Community Drop-In Center and the Lawrence Open Shelter. These organizations merged in January, 2005 to operate as the Lawrence Community Shelter. 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 approval expires in September, 2006. The Lawrence Open Shelter UPR was approved in April, 2003 and expires in December, 2005.
Off-Street Parking: The site plan notes that the site currently includes 10 parking spaces. The application indicates that two employees are on site during the overnight shift, and three employees are on site during the daytime hours. The director and volunteers supplement staffing levels during both shifts. Volunteers are directed to utilize the city parking lot located east of the property, across the alley. As the site’s use requires one parking space per 1.5 employees, two spaces are required for the site.
Program Operation: The overnight shelter operates from 8 p.m. to 8 a.m. Mondays through Sundays. The drop-in shelter operates from 8 a.m. to 5 p.m. Mondays through Sundays, and 8 a.m. to 8 p.m. on Wednesdays. Both programs include on-site staff. Once admitted, overnight clients are expected to stay the night with the exception of health or work requirements. Participants will be permitted to smoke outside the premises in the new patio area that is proposed for location between the east side of the building and the site’s parking area. The shelter’s policies and operating procedure are provided in a notebook, which is maintained on the property during the program operation. The city has not received formal complaints regarding the shelter in its four years of operation.
The subject property is within the environs of several landmark properties and the Downtown Historic District. Therefore, the request will be considered by the Historic Resources Commission on November 17, 2005.
The applicant has requested that the UPR be permitted for five years. As such, prior to December, 2010, the applicant will need to submit a new UPR request through the Planning Commission. It is important to note that UPRs are subject to review at anytime through the provision of Section 20-1613 of the Zoning Ordinance, which establishes the criteria and process for amendment, suspension or revocation of approved UPRs. Five-year approvals have been standard for these types of applications, as it provides the applicant with time to plan and affords the city a standardized periodic review.