The Woods on 19th Homeowners’ Association, Inc.
1852 Villo Woods Ct.
Lawrence, KS 66044
June 2, 2006
Lawrence City Commission
c/o Mayor Mike Amyx
6 East 6th Street
Lawrence, KS 66044
CC: City Manager, Dave Corliss.
RE: June 6, 2006 City Commission Meeting, Regular Agenda Item, No. 9.
Honorable City Commission:
On behalf of the Woods on 19th Homeowner’s Association, I have reviewed the site plan and the materials prepared by the City Staff. The Woods respectfully requests that the City Commission not deviate from its original ruling approving the Salvation Army’s previous site plan extension upon the condition that there would not be any further extensions.
The City Commission placed that condition on its approval after specifically addressing the potential rezoning the Bullene property with the Salvation Army.
Additionally, the City Commission was fully aware of the neighborhood indignation concerning the lack of a Special User Permit requirement for this Bullene facility. The Woods on 19th requests that the City Commission honor its commitment to the Eastern Lawrence Neighborhoods and enforce the stipulated condition it imposed.
I have attached those minutes to the email transmittal of this letter. I would like those minutes to be before the Commission when deciding this matter and placed on the agenda for consideration.
Two meetings were held to resolve all matters between the City, the Salvation Army, and the neighborhoods. A compromise could not be reached on this matter. The Woods was willing to sit down and attempt to resolve issues with all parties involved. We participated in good faith. Unfortunately, what was ultimately proposed in this case was too little too late. The Salvation Army proposal does not adequately address the needs of the neighborhoods.
Please do not use the failure of talks as a rationale for approval of any Salvation Army endorsed plan. That would not only be unfair, but would discourage future attempts at compromise in the future.
Also please understand that the matter before the Commission is not whether to place the Salvation Army facility on Bullene. The O-1 zoning was specifically chosen by the Burroughs Corridor Committee because it allows a homeless shelter.
The issue before you is truly about whether the City should honor its previous commitment not to extend the site plan any further and whether to grant the Salvation Army a two year waiver of the rules in the new development code.
I understand that as you review this material you will probably be confusing and may be a bit surprised by the complexity of the matter before you: You have two zoning codes, a corridor plan, two staff recommendations, a planning commission recommendation, a site plan, a Staff - Salvation Army deal, numerous legal contingencies, and irritated neighbors.
Down to its basics, the issue is not that complicated. It is the details necessary to get the Salvation Army what it wants that complicate matters.
Essentially what is requested by the Salvation Army is a denial of the rezoning and a full two-year extension of old code rights and privileges with respect to the Bullene property. The site plan is the vehicle chosen to accomplish the latter objective by using it has a bookmark for the purpose of “grandfathering” old code provisions.
The neighbors obviously do not agree to this. The stated purpose of construction site plans and the restrictions are entirely construction oriented. Site plans are intended to regulate the mode and manner of construction, not ongoing use of the completed facility. That is why it is called a “site plan” not a “use plan.”
The “commitments” offered to neighbors in “Attachment A” by the Salvation Army are an extremely questionable use of a site plan. I would encourage the City to stick to its original stipulated condition, reject contrived attempts to extend privileges established by the old code and move forward with rezoning. We can address any conditions on the facility within their proper context, the special use permitting process.
The Salvation Army wants to avoid the O-1 zoning and the new Development Code because otherwise it will have to endure a special use permit process, which is typically required of most zonings in or near residential areas for homeless shelters
This may be a problem for the Salvation Army because it announced last May that discussions had been initiated with the Kansas Department of Corrections regarding parolee housing in total contradiction to past representations previously made to neighbors about the nature of the facility.
Needless to say, residents in the area were left a bit irritated with the Salvation Army organization and its advisory board. Regardless of the Salvation Army’s resistance to the idea of a special use permit, the parolee controversy provides reason enough to change the zoning classification to one that requires City oversight of the facility through such a permit.
The permitting process will enable neighbors to have their voices heard in a forum that is not just talk. The procedures and functions within the special use permit process lend it credibility and enforceability. Moreover, a special use permit is subject to periodic review and is oriented at protecting neighborhoods on an on-going basis.
The predominant demographic in the Woods on 19th is young families, many with small children. It is no secret that the current Salvation Army has had issues with drug and associated activity near its property. Unfortunately, the needy often attract those that prey upon their despair. There is a legitimate concern among the mothers and fathers in the Woods that a facility not subject to clear on-going city oversight may compromise the safety of our neighborhood. We would like to keep the Woods as a place where parents feel safe to let children ride bikes and play outside.
It is time to move forward, not look back to the old code or broken promises. The Woods asks that you please follow through and do what must be done. Please approve the rezoning and temporarily deny consideration of the site plan until a special use permit is issued.
Sincerely,
Matthew R. Tomc
Matthew R. Tomc
President,
The Woods on 19th Homeowners’ Association, Inc.