Memorandum
Lawrence-Douglas County
Planning Department
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TO: |
Planning Commission |
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FROM: |
Sheila M. Stogsdill, Acting Director |
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CC: |
David Corliss Steve Chinn Linda Finger |
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Date: |
February 22, 2006 |
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RE: |
Item No. 10 – TA-10-05-04: Development Code, November 11, 2005 Edition |
The Staff Report for Item No. 10 made reference to redrafted
text to be provided for several sections. These sections were redrafted by
legal counsel and are provided below as a supplement to the Proposed Revisions
Table. Changes are shown with strikeout for deleted text and underlining
for inserted text.
20-201 The Districts
The Zoning Districts presented in this chapter are referred to as “Base Districts” because they establish the basic zoning regulations that apply to all properties. classified in or shown on the Official Zoning District Map as in that Zoning District. All land in the City has a Base District classification. Base District regulations control the types of uses allowed and the way in which uses and Buildings may be developed on a site. The Base District regulations are the default regulations—they always control unless expressly overridden by or pursuant to any applicable Overlay Zoning District regulations.
20-205 RMG, Multi-Dwelling Residential - Greek Housing Districts
(1) The primary purpose of the RMG District is to, provide areas in proximity to a university or college, providing higher education to the public, for Greek Housing, which is:
(21) Occupiedoccupied primarily by students;
(32) Underunder the supervision of both a local residence manager and national organization which establishes policies and procedures to ensure good citizenship and the responsible use of the fraternity or sorority’s property; and
(43) Certifiedcertified by the Pan Hellenic Association or Intrafraternity Council at KU.,
(5) Toin proximity to a university or college, ensure the longevity of the architectural character and use of these existing Buildings, and to protect nearby low-density residential districts from incompatible developments.
20-205 (g) Conversion of Existing Greek Housing
(2) An individual seeking to convert an existing Greek Housing unit, pursuant to this subsection, shall be required to obtain Special Use approval of a Site Plan in accordance with Section 20-13051306 of this Development Code. Conversion of existing Greek Housing units shall be made only after the Planning DirectorCity Commission finds, in addition to the approval criteria provided in Section 20-1305,1306 (i), that the following standards and criteria have been satisfied:
(i) Exterior alterations and additions to the Building or Structure shall be limited so that the impervious coverage shall not be increased by 10% or more. Proposed alterations to existing Greek Housing units shall be subject to review by the Planning Director and Stormwater Engineer. Proposed alterations to existing Greek Housing units that are listed on a historic register shall also be subject to review by the Historic Resources Administrator.
(ii) Repair and maintenance work on the exterior of a Building or Structure subject to this subsection, which does not alter the design or appearance of the Building or Structure, shall not be considered an exterior alteration or addition under this subsection, and shall not be subject to the review by the Planning Director.
(iii) All Parking Areas shall be confined to the Rear Yard and those Parking Areas areas shall not occupy more than 55% of the total Lot Area; provided, however, Parking Areas areas lawfully in existence prior to a conversion under this subsection, including Driveways, may be permitted to continue in use, if the Parking Areas area does not constitute a safety hazard.
(iv) If the applicant for a conversion in conformance with this subsection desires a sign for the converted use, one (1) sign may be allowed, subject to the following conditions:
a. the sign shall not exceed twelve (12) square feet in area, nor shall it exceed six (6) feet in Height;
b. the sign shall only display the name, address and type of business of the Building or Structure; and
c. the sign shall not include commercial advertising of products.
20-602 Measurement of and Exceptions to Density and Dimensional Standards
(e) Setbacks and Required Yards
(6) Permitted Exceptions to Required Yard and Setback Standards
Required Yards and Setbacks shall be unobstructed from the ground to the sky, except that the following features may be located within required Setbackstherein to the extent indicated:
(i) Cornices, canopies, eaves or other architectural features may project into required SetbacksRequired Yards up to 2.0 feet.
(ii) Unenclosed fire escapes may project into requiredRequired Yards and/or Setbacks, provided that they are set back at least 3 feet from all Lot Lines.
(ii) An uncovered stair and necessary landings may project into requiredRequired Yards and/or Setbacks, provided that they are set back at least 3 feet from all Lot Lines, and the stair and landing may not extend above the entrance floor of the Building, except for a railing not exceeding 4 feet in Height.
(iv) Bay windows, balconies, and chimneys may project into requiredRequired Yards and/or Setbacks up to 2 feet, provided that such features do not occupy, in the aggregate, more than 1/3 the length of the Building wall on which they are located.
(v) (v) Mechanical Structures are items such as heat pumps, air conditioners, emergency generators, and water pumps. Mechanical Structures are not allowed in required Front or Side SetbacksYards, but they may be located in required Rear SetbacksYards if they are located at least 5 feet from the Rear Lot Line.
(vi) (vi) Vertical Structures are items such as flag poles, trellises and other garden Structures, play Structures, radio Antennas, and lamp posts. Vertical Structures are allowed in required SetbacksRequired Yards if they are no taller than 30 feet. If they are taller, they are not allowed in required Setbacks, except that flag poles are allowed in any SetbackRequired Yard.
(vii) Uncovered horizontal Structures are items such as decks, stairways, entry bridges, wheelchair ramps, swimming pools, hot tubs and tennis that extend no more than 2.5 feet above the ground are allowed in required Setbacks; such Structures may be enclosed by fences, in accordance with other provisions of this section but shall not be otherwise enclosed.
(viii) Covered Accessory Structures (Buildings) are items such as garages, greenhouses, storage Buildings, wood sheds, covered decks, and covered porches. Covered Accessory Structures that are six feet or less in Height are allowed in requied Side and Rear SetbacksYards, and covered Accessory Structures greater than six feet in Height are allowed in the required Rear SetbackYard where an Alley abuts the Rear Lot Line, but no covered Accessory Structure is allowed in a required Front SetbackYard.
(ix) Fences up to six feet in Height (at any point) above the elevation of the surface of the ground may be located in any required SetbackRequired Yard, except:
a. as otherwise provided in City Code Chapter 16, Article 6; and
b. on Corner Lots with a Rear Lot Line that abuts a Side Lot Line of another Lot in a Residential District, no fence, wall or hedge within 25 feet of the common Lot Line may be closer to the Exterior Side Lot Line than one-half the depth of the actual Front Setback of the Lot that fronts on the side Street.
20-701 PD, Planned Development Overlay District
(f) Standards Eligible for Modification
The City Commission may modify the following standards during the PD approval process. Standards not listed are not eligible for modification.
The Planning Commission shall recommend, and the City Commission shall approve, a list of uses allowed in a PD at the time of PD preliminary approval. Regardless of the fact that the approved uses may be determined by reference to a Base District, the list of approved uses shall be incorporated into and made a condition of the PD approval. The City Commission may approve only uses that are allowed in the Base District, provided that:
(ii) no commercial uses, in addition to those otherwise permitted by right, may be permittedapproved in a PD in an RS or RM District unless, if the PD includes a minimum area of 10 acres or more than 100 Dwelling Units. This provision shall not apply to commercial uses permitted by-right in RS or RM Districts.
20-702 Cluster Housing Projects
Cluster Housing Projects are allowed by right in all residential Zoning Districts and in the CN1 District, as provided below.
(1) In RS Districts and the CN1 District, Cluster Housing Projects shall not include more than 35Dwelling Units. Larger projects in said Districts are subject to the Planned Development regulations of Sec. Error! Reference source not found.. 701 and shall be reviewed and approved in accordance with the procedures of Sec. 20-1304.
(2)
Cluster Housing
Projects allowed by-right will be reviewed
evaluated for compliance with
applicable regulations and reviewed and approved
in accordance with as part of
the subdivision procedures of Article 8.review process.
20-1701 General Terms
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Planned Development |
AnDevelopments processed and considered in accordance with the procedures specified in the Planned Development Overlay District provisions of Sec. 20-701 and in the Cluster Housing Projects provisions of Sec. 20-702. Generally, an area of land controlled by the Landowner to be developed as a single entity, commonly pursuant to an overlay district, for a number ofDwellingof Dwelling Units, office uses, commercial uses, or combination thereof, if any, the Plan for which does not correspond in Lot size, bulk or type of Dwelling or commercial use, Density, Lot coverage and required Common Open Space, to the regulations established by other articleswherein a development plan detailing the proposed development and adjacent areas directly impacted thereby is reviewed and approved by the appropriate decision maker. In approving the development plan, the decision maker may simultaneously modify specified standards of the zoning ordinance of the City of Lawrence, Kansas, and adopted pursuant to the provisions of K.S.A. Article 7, Chapter 12. Base District. |
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Yard, Required |
The unobstructed Open Space between a Lot Line andfrom the yard lineground upward, within which no Structure shall be located except as provided in these regulations, except as permitted by this Development Code, measured from a point on a Principal Building to the Lot Line. It is the three-dimensional equivalent of the required Setbacks for every Lot. |
Additional clarification may be needed for this definition of Required Yard to clearly identify that Accessory Structures are permitted within the required rear yard area as modified in 20-533(3) on page 5-29 [page 10-9 of staff report].