PLANNING COMMISSION REPORT

Regular Agenda -- Public Hearing  Item

ITEM NO. 10:           ADOPTION OF DEVELOPMENT CODE, NOVEMBER 11, 2005                                     EDITION

TA-10-05-04: Pursuant to the provisions of K.S.A. Chapter 12, Article 7, consider making a recommendation on the adoption of “Development Code, November 11, 2005 Edition,” enacting a new Chapter 20 of the Code of the City of Lawrence, Kansas, establishing comprehensive zoning regulations and other land use regulations.  The “Development Code, November 11, 2005 Edition” is a general and complete revision of the City’s existing zoning regulations and affects all property within the corporate limits of the City of Lawrence, Kansas.  The “Development Code, November 11, 2005 Edition” is incorporated by reference as if fully set forth in this notice. Copies of the “Development Code, November 11, 2005 Edition” are available for review at the Office of the Lawrence-Douglas County Planning Department, City Hall, 6 E. 6^th Street, Lawrence, Kansas.  The “Development Code, November 11, 2005 Edition” is also available at www.lawrenceplanning.org. TA-10-05-04 and Z-10-49-04 are companion and related items for public hearing at the February 22, 2006 meeting. (These items were referred back to the Planning Commission by the City Commission at their meeting on February 1, 2005.)

RECOMMENDATION ON DEVELOPMENT CODE:  Staff recommends the Planning Commission forward a recommendation for approval of the “Development Code, November 11, 2005 Edition,” to the City Commission incorporating the revisions noted in the Clarifications Table into the text of the Development Code.

Reason for Request:

The Zoning Code is one of three major tools provided by State Statutes to implement a Comprehensive Land Use Plan.  A diagnostic review of the Zoning Code was initiated shortly after adoption of HORIZON 2020, the City/County Comprehensive Land Use Plan. The Development Code is based on this diagnostic review and incorporates both the Zoning and Subdivision Regulations for the City of Lawrence.  Adoption of this Development Code, a regulatory tool to help implement HORIZON 2020, is consistent with State Statutes.

RELEVANT GOLDEN FACTOR:

• Conformance with the Comprehensive Land Use Plan is the relevant factor that applies to this request.  Adoption of new regulatory tools, one of which is the zoning regulations, is an implementation step in Chapter 13 of HORIZON 2020, the City/County Comprehensive Land Use Plan.

ASSOCIATED ITEMS ON THIS AGENDA

• Item 11 and the subparts to Item 11 are associated and inseparable from the adoption of a new zoning ordinance as the Zoning Map is created by the zoning ordinance.  K.S.A 12-753 gives the governing body the ability to adopt or amend by ordinance the zoning regulations in the manner provided for in KSA 12-737 et seq. In specific, reference to the adoption of a Zoning Ordinance and the official zoning map, the statutes state: “Such regulations shall define the boundaries of zoning districts by description contained therein or by setting out such boundaries upon a map or maps incorporated and published as part of these regulations or by reference in such regulations of an official map or maps upon which such boundaries shall be fixed.” [KSA 12-753(a)]

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

• League of Women Voters CD – staff and consultant reviewed all comments and many revisions are reflected in the Clarifications Table that follows.  Other items were determined to be policy issues that should not be made as revisions at this time, but should involve additional study should the governing body direct staff to do so.

Staff Report

There are three major components to this staff report. They are:

1. A history of the public process that has occurred in the adoption of the Development Code;

2. Overview of major changes recommended to the draft Development Code identified since the Planning Commission forwarded their recommendations on February 11, 2004 and November 17, 2004 on the Development Code to the City Commission, and

3. Review and consideration of the Clarifications Table developed by staff to highlight revisions recommended to be made to the draft Development Code to be consistent with the Planning Commission’s actions on February 11, 2004, November 17, 2004 and the City Commission’s direction on February 1, 2005.

KEY POINTS FOR ADOPTION OF THE DEVELOPMENT CODE

· The Development Code provides residential zoning districts and densities that are consistent with HORIZON 2020’s categorization of very low, low, medium, and high density residential development.

· Articles in the Development Code are written to be inclusive of related development policies such as stormwater management, access management, and retail market analysis.

· The development process created in the Development Code provides increased opportunities for public involvement and awareness during all phases of the development process.

· Land uses are grouped into larger categories of uses to be more inclusive of similar uses and to permit similar uses in the same land use categories.

· Home Occupations have been expanded to permit limited types of home occupations to involve a non-resident employee.

· Development standards such as outdoor lighting, landscaping, off-street parking and required transitions between unlike land uses have been developed for all conventional zoning districts, in addition to Planned Developments.

· Smaller lot residential zoning districts, RS5 and RS3, have been created to address infill development and redevelopment on existing lots platted within the older areas of town where standard lot sizes are less than 7000 square feet.

· Special purpose base districts have been created for uses that are unique based on their association with a public institution, open space, or zoning situation (such as land newly annexed without benefit of an area plan).

· Administrative and legislative processes have been more clearly defined to improve the flow of development review while maintaining access and transparency to the process.

OVERVIEW OF MAJOR CHANGES SINCE NOVEBER 2004 DRAFT

• Section 20-205.  Developed new RMG, Multiple-dwelling Residential-Greek Housing District to recognize existing fraternities and sororities; protect existing neighborhoods from high-density residential development, such as is allowed in RM32; and allowed for conversions of Greek Housing to other uses deemed to be compatible with adjacent residential development through a special use permit for Adaptive Reuse.  Conversion to other multiple family residential uses will require rezoning to another RM District.
• Section 20-213.  Created a new CS, Commercial Strip District to recognize existing strip development along with major arterial streets, allow for redevelopment of existing development and expansion onto adjacent undeveloped parcels under situations where the resulting development is consistent with the goals and objectives of the Comprehensive Plan.  A further objective is to limit to a reasonable minimum the creation of non-conforming uses, structures and lots along the major arterial streets resulting from the adoption of this Development Code, generally speaking, the existing strip development along major arterial streets is not consistent with the vision of Horizon 2020.
• Section 20-220.  Eliminated provision establishing the U-Kansas University District.  Purpose statement references adopted Cooperation Agreement and mapping of Universities on zoning map.
• Section 20-307(d).  Added new subsection to provide that a governmental taking will not result in a violation of the development standards of the major transportation corridor overlay district.
• Section 20-402:  Residential Use Table.  Replaced the term “Accessory Dwelling” with the term “Accessory Dwelling Unit” and consistently throughout the Development Code.  Amended table to establish uses for revised manufactured home, mobile home and mobile home park definitions.  Revised definitions for the types of medical facilities and redesignated uses allowed as of right and by special use permit in the various districts.  In addition, the uses permitted as of right or pursuant to a special use permit in the RSO and RMO District were revised to recognize existing uses in areas to be designated on the official zoning map as RSO and RMO Districts.
• Section 20-402.  Made undertaking/cremating [Funeral and Internment] permitted uses in the RSO and RMO Districts.
• Section 20-403:  Non-residential Use Table.  The Use Table was amended to include the new designation of uses indicated with respect to Table 20-402.  Significant changes were made to the table regarding recreation facility uses in the various non-residential districts.  The CS and GPI Districts were also added to this table and the U District was eliminated.
• Section 20-514, Use Standards.  Section was revised to implement the change in uses relating to mobile home parks and to clarify that a manufactured home may be located in a mobile home park.
• Section 20-601(a).  The Density and Dimensional Standards Table was revised with respect to the RSO and RMO Districts to more appropriately recognize existing development in areas to be shown on the official zoning map as within these districts.  In addition, the RMG and CS Districts were added to the table.
• Section 20-601(b).  Changed the minimum site area in the C District to 5 acres and minimum lot area to 20,000 square feet.
• Section 20-901.  Revised section to address adjusted parking requirements.
• Section 20-916.  Revised entire section to more clearly set forth when traffic impact studies are required as a part of the development application review processes and to provide notice to the applicant when the City determines the applicant is to bear the expense of the study.
• Sections 20-1101(c)(3)(i), (iii) and (4).  Revised to make sensitive land features uniform in all provisions.
• Section 20-1107.  Entire section revised to conform to report of Development Strategies, Inc. on when a retail market impact analysis should be required.  [Alternative text developed by a PC sub-committee is attached to this report.]
• Section 20-1305.  Revised site plan review process.
• Article 15.  Revised non-conforming use article.
• Section 20-1701.  Revised the definition of “Accessory Dwelling Unit” to correspond with use of term throughout the Development Code.  Defined the term “City Regulations” for use throughout the Development Code.  Added definitions for “Effective Date” and “Elderhostel.”  Revised definition of “Extended Care Facility” and “Extended Care Facility, General and Limited.”  Established a new definition for “Manufactured Home, Residential-Design.”  Deleted the definition for “Manufactured or Mobile Home Park.”  Revised to provide that cross-access easements should be signed and acknowledged, rather than sworn.  Revised definition of “Significant Development Project” to address change in threshold for site development plan review.
• Various sections reformatted to provide distinct section numbers (to ease amendment process in the future).
• Attached to this report is a table of recommended revisions which is the result of staff and legal counsel review of additional public comment and staff review since the draft was posted on November 11, 2005.

Timeline since last Planning Commission Review

• 11/17/04 – The Planning Commission voted unanimously (8-0) to recommend approval of proposed Development Code; cooperative agreement between the City of Lawrence and the University of Kansas; and six sub-parts to the proposed Zoning Map [GPI, OS, H, U, UR and older PUDs].
• 12/14/04 – The City Commission unanimously approved proposed Development Code and Zoning Map and directed staff to prepare ordinance adopting development code for first reading.  Directed staff to continue negotiations concerning the cooperation agreement.
• 12/15/04 – The Planning Commission voted unanimously (10-0) to recommend approval of two sub-parts to the proposed Zoning Map [CP to various districts and rezoning of various properties in eleven older neighborhoods from RS-2 to RS5 based on lot sizes (instead of their automatic conversion to RS7)].
• 12/28/04 – The City Commission unanimously approved Ordinance 7851 adopting the new Development Code and Zoning Map on first reading.  The ordinance indicated the code and map would become effective on 01/24/05, except the “U” University District provisions, which would become effective on 07/01/05.
• 01/18/05 – The City Commission unanimously deferred for two weeks adoption of second and final reading of Ordinance 7851. 
• 01/18/05 – The City Commission unanimously approved the recommended rezoning of CP properties to various districts and to approve recommended rezoning in eleven older neighborhoods from RS-2 to RS5 and specifically removing the following properties from the RS5 district:  1601, 1611 & 1617 Kentucky along the west side of the block; 1501 – 1639 Massachusetts along the west side of these blocks; and 1602 – 1646 Massachusetts along the east side of this block.
• 02/01/05 – The City Commission received a memo from the Planning Director [dated January 28, 2005] which outlined concerns that had been raised regarding the Development Code and a table of recommended revisions.  The City Commission unanimously voted to return the Development Code back to the Planning Commission to reconsider specific revisions to the recommended draft.
• 02/22/05 – The City Commission received a report from the Planning Director and requested clarification regarding the length of time the draft code would be reviewed prior its to return to the Planning Commission for reconsideration. [A special meeting had been scheduled for PC consideration on 03/09/05 and members of the public had expressed concern that this date did not provide sufficient time for additional review.]  It was determined that the City should hire outside legal counsel to assist staff in a thorough review prior to returning the draft to the Planning Commission.
• 03/29/05 – The City Commission unanimously voted to authorize the Mayor to execute the University of Kansas and City of Lawrence Cooperative Agreement.

• 11/11/05 – Revised draft Development Code posted on the Planning Department website for public review.
• 12/13/05 – Staff met with representatives of development community who had identified numerous issues in the previous draft to discuss how revised draft addressed those issues.
• 01/26/06 – Staff hosted an open house forum to receive public comment and discuss the revised draft.
• 02/08/06 – Planning Commission mid-month meeting held to provide overview of revised draft.

TIMELINE OF PLANNING COMMISSION PUBLIC MEETINGS, PUBLIC HEARINGS AND RECOMMENDATION ON THE DEVELOPMENT CODE THROUGH PC ACTION IN NOVEMBER 2004

· June 2003 the Planning Commission received copies of the draft Development Code and established a timeline for public meetings and work on the Development Code.

· Six public meetings were held throughout the months of July, August and September to receive comments and questions about the proposed regulations.

· At the August mid-month meeting the Commission received a summary from staff of the major revisions, additions or omissions proposed in the draft Code.

· In September the City Commission received a briefing from staff on the major issues identified by the public, Planning Commission and Planning Staff with the draft Code.

· In October and November staff worked with Planning Commissioner Schachter to quantify the types of public comments received [editorial, minor or significant] and made revisions to the draft Code based on a priority given to these issues by the Planning Commission in September.

· In December the Planning Commission’s agenda included consideration of the draft Code. Due to the excessive length of that meeting agenda, consideration of the Code was deferred to the January 2004 meeting.

· The draft Code, as revised based on Commission and public comment, was placed on the January agenda.  The January meeting was recessed twice and the Commission finally took up consideration of the revised draft Code on February 11^th, along with a list of unresolved issues that required independent decisions by the Commission prior to approval of a version of the Development Code and the forwarding of a recommendation to the City Commission for adoption.

· The City Commission and Planning Commission met in joint session on February 27^th to receive the Planning Commission’s recommendation.

· Staff worked with the consultant to resolve formatting and technical issues with revisions to the draft Code through April 2004.

· Staff developed an Implementation strategy and developed applications, how-to forms, pamphlets, and other tools for public outreach when the new Code is adopted.

· Zoning map implementation and necessary revisions were identified by staff and presented to the Planning Commission in July 2004.

· A City/KU task force appointed by the Mayor and Chancellor worked throughout 2004 on the development of a Cooperative Agreement to be used in place of the zoning ordinance in regulating development and construction projects on the University campus that would occur within peripheral buffer areas.  A recommendation from the task force was taken to the City Commission in July 2004.

· Staff identified, through the creation of a review and implementation process, errors, omission and clarifications needed to the draft document. A report was taken from staff to the City Commission in July 2004.

· The Planning Commission initiated for the November 2004 meeting the individual map designations necessary for properties being rezoned to the special purpose base districts of GPI, OS, U, H, UR, and PUDs at their August 2004 meeting.  The Commission also initiated map designation revisions for consideration at the December 2004 meeting for the 12 CP zoned properties and for portions of 10 older neighborhoods [Pinckney, Old West Lawrence, Oread, North Lawrence, East Lawrence, Brook Creek, Barker, Centennial, Breezedale and University Place] to RS5 to conform to the smaller platted and developed lot sizes in these neighborhoods.

PROPOSED REVISIONS TABLE FOR DEVELOPMENT CODE, NOVEMBER 11, 2005, EDITION

The following table of recommended revisions is the result of staff and legal counsel review of additional public comment and staff review since the draft was posted on November 11, 2005.  Changes that involve extensive redrafted language will be provided at the Commission’s study session.

Pg No.	Section No. 20-	Recommended Text Change
Article 1. Introductory Provisions
1-7	110(e)	Modify table to indicate C-4 & C-5 converts to CS and indicate previous map designation for CC should be NONE (New)
Article 2. Base Districts
2-1	201(b)	Include RM12D in table of districts established
2-3	203(a)	Remove second ‘and’ in third sentence
2-4 & 2-5	204(a)	Renumber ii, iii, iv.  Insert text at end of (3):  Only one principal building per lot is permitted in this district.
2-5	204(f)	Renumber 2, 3, 4, 5 modify (2) Landscaping See Article 10
2-6	205(a)	Combine 1 & 5 [redrafted text to be provided]
2-7	205(g)(2)	Redraft to require Special Use Permit [SUP] for adaptive reuse of Greek Housing
2-7	205(g)(2)(iii)	Delete second ‘area’ in first sentence
2-8	205(g)(4)	Delete provision
2-9	207(a)	Add and pursuant to adopted access management standards.
2-10	208(a)	Move 209(e) to end of Purpose:  Developments in CN2 Districts are intended for implementation at Collector/Arterial Street intersections or at Arterial/Arterial Street intersections and are intended for development on only one corner of the intersection.
2-11	208(e)	Substitute text from 207(e):  Development in the CN2 District may take Access to local, Collector or Arterial Streets and to public Alleys (if they abut the property being developed).
2-14	211(d)(1)	Revise first sentence:  No Not all corners of CC200 commercial node ….
2-17	213(b) & (d)(1)	Delete Article IV and second Article 6
2-26	222(b)(1)	Delete With the exception of Crop Agriculture and Communications Facilities uses, and uses and Structures accessory to them.  Section to read:  Any use or Development Activity that requires Site Plan Review and approval (see Sec. 20-1305) will be allowed only after the property is rezoned to the appropriate City zoning classification (in accordance with Sec. 20-1303).
Article 3. Overlay Zoning Districts
3-1	301(a)	Modify second sentence:  As the name implies, Overlay Districts are “overlaid” on Base District classification to alter some or all of the Base District regulations specified elsewhere in this code.
Article 4. Use Table
4-3	402	Change P* to S* for Detached Dwellings in RM districts; add S for Manufactured Home in RM12 and delete * for this use in all districts; change P* to S* for Manufactured Home, Residential-Design in RM districts (to be consistent with Detached Dwellings); and delete P for Fraternity or Sorority House in all RM districts except RMG.
4-3 / 4-7	402	Add RM12D column to all tables; provide same uses as permitted in RM12
4-4	402	Add 20-505 to standards column for Funeral and Internment
4-4	402	Delete S in all RM districts for Hospital (only permitted in H)
4-7	402	Change P* to S* for Adaptive Reuse of Greek Housing in RMG and add 20-501 to standards column
4-9	403	Change S to P for Funeral and Internment in CN2 and CD
Article 5. Use Regulations
5-3	503(iii)	Add and Special Use Permit (SUP) requirements of Sec. 20-1306.
5-4	503(2)(iii)	Modify diagram to label Lot 1 & Lot 2 (clarify attached dwellings are each on individual lot)
5-12	515(2)(iv)	Add Temporary to beginning to clarify that only temporary crushing is not considered mining
5-14	519	Delete RMG to clarify that Outpatient Care Facility is not permitted in this district
5-29	533(3)	Add text to clarify the permitted location of accessory structures:  Unless otherwise expressly stated, the Setback, Height and Building coverage standards of the Base District apply to both the principal and Accessory  Structures (See Density and Dimensional Standards, Article 6).  Accessory Structures in residential districts shall be located to the rear of the front building line and may be located as close as 5’ to interior and rear lot lines.  Setbacks from interior side lot lines shall not apply to accessory buildings placed on lots that abut alleys.  An accessory structure may be located up to the rear property line when the lot abuts and alley and when the doors to the building do not open directly onto the alley.
Article 6. Density and Dimensional Standards
6-1	601(a)	Delete lot area per dwelling unit in RSO [2500]and RMO [2900] districts and change maximum dwelling units per acre to 22 in RMO and 1 in RMG districts
6-6	602(e)(6)	Modify title and introduction:  Permitted Exceptions to Setback Standards and Required Yards.  Required Yards Setbacks shall be unobstructed from the ground to the sky except that the following features may be located within required setbacks to the extent indicated:
Article 7. Planned Developments
7-2	701(f)(1)(ii)	Redraft to clarify [redrafted text to be provided]
7-4	701(l)(2)	Change 250 to 100 average daily trips
Article 8. Subdivision Design and Improvements – Reserved
Article 9. Parking, Loading and Access
9-4	902(a)	Change parking standard for Fraternity, Sorority from Max. 1 per 2 lawful occupants to Min. 1.5 per 2 lawful occupants
9-22	915(f)(3)	Add (3) Alleys are permitted and preferred access alternatives.
Article 10. Landscaping and Screening
		General comment:  this code does not require trees per square feet of open area as in existing code; instead it focuses trees/shrubs in bufferyard areas.  This change may require review and amendment following adoption as staff has experience with these code requirements.
Article 11. General Development Standards
11-1		Correct Table of Contents
11-2	1101(b)	Correct reference.  20-602(h)(2), replace with 20-701(g)
11-2	1101(d)(1)	General comment:  section indicates all base districts have open space requirement.  Base districts do not provide guidance.  Issue to be studied and possible future amendment.
11-2	1101(d)(2)(i)	Change reference:  Principle Principal …..sub-section C (d)
11-5	1101(d)(4)	Reverse entries for Floodways [100% & 50%] and Floodplains outside of the floodway [50% & 10%]
11-6 & 7	1103	Redrafted text to be provided (or section identified for future study and modification)
11-9	1105(b)(3)(iii)	Modify:  inconsistent with the pattern or material of sidewalks in older neighborhoods or historic districts.
11-10 & 11	1107	Redrafted text to be provided [see separate attachment from sub-committee]
Article 12. Floodplain Management Regulations
		General comment:  any modifications to this article must include review by DWR.  Revisions to be considered at later date.
Article 13. Development Review Procedures
13-6	1301(n)	Clarify when agenda is published:  Once on a published and distributed agenda, …
13-7	1301(q)(3)(i)	Clarification in last sentence:  … If the subject property is adjacent to abuts the City limits,
13-11	1303(c)	Add RM12D to table on same line with RM12
13-14	1303(l)(1)	Clarify status of plan to be prepared:  A plan developed by staff shall be required prepared and adopted prior to review of a petition for map amendment when:
13-20	1304(d)(9)(vii)b	Add text:  proposing housing types, Building Heights or Building massing(s) that are incompatible with the established neighborhood pattern; or
13-24	1304(e)(2)(iv)e	Clarification:  changes a residential use or type of Building type;
13-38	1306(h)(3)(ii)	Delete error message
13-44	1308(d)	Correct typo:  ….development Permit is if the application …
Article 14. Boards and Commissions
Article 15. Nonconformities
15-6	1503(e)(2)	Clarify intent in last sentence:  When a Detached Dwelling located in an RS Base District is damaged to any extent, it may be restored at its former location without first being required to obtain a variance, provided that, a Building Permit for the restoration is obtained within 12 months of the date of the occurrence of the damage, in accordance with Sec. (3).
Article 16. Violations, Penalties and Enforcement
16-4	1606(b)	Correct typo:  … to the flood plain floodplain management …
Article 17. Terminology
17-2	1701	Revise definition of Access Management:  The process of managing Access to land development while preserving the regional flow of traffic in terms of safety, capacity and speed capacity and improving safety.
17-3	1701	Revise definition of Alley:  A public or private way not more than 20 feet wide affecting only primarily designed to serve as a secondary means of Access to abutting property.
17-3	1701	Definition of Basement – [no change recommended now since definition is consistent with UBC definitions, however revision may be required when City adopts the International Construction Codes]
17-4	1701	Add definition for Building Type from Horizon 2020:  Building Type (also referred to as housing type) is a residential structure defined by the number of dwelling units contained within.
17-4	1701	Revise definition of Collector Street, Residential to reflect latest revision to Chapter 8, Transportation in Horizon 2020:  Residential collector is a special category of collector street characterized by lower speeds & the residential nature of land uses along the corridor.  Bicycle & pedestrian facilities are strongly recommended for residential collectors.  Various traffic-calming treatments may be used to reduce travel speeds. Residential collector streets with adjacent residential land uses should be limited to two lanes. These streets can serve as a connector street between local streets and the thoroughfare system. Delete current definition:  A Street in a residential neighborhood area which is more than two (2) lanes in width that is anticipated to carry less than 2,500 vehicles per day in traffic volume at desirable speeds of up to 25 mph.  Connects Local Streets and traffic within a neighborhood or with a Collector Street that connects to an Arterial Street.  Bicycle and pedestrian activity that serve the neighborhood are encouraged along this type of Street.
17-5	1701	Clarify Common Open Space.  Add at the end of definition:  Common Open Space shall not include space devoted to streets and parking areas.
17-10	1701	Revise definition of Natural Drainageway:  Natural rivers, streams, channels, creeks or other areas that naturally convey Stormwater runoff or portions thereof that have not been channelized and which is unaltered and retains a predominantly natural character.
17-11	1701	Redraft definition of Planned Development [may result in changes to 20-201(a) – redrafted text to be provided]
17-12	1701	Revise definition of Setback:  The minimum horizontal distance by which any building or structure must be separated from a street right-of-way or lot line required to exist from a given point or line of reference, such as a Lot Line or Thoroughfare right-of-way, to the nearest vertical wall or other element of a Building or Structure.  (See also 20-602(e)).
17-14	1701	Definition of Story – [no change recommended now since definition is consistent with UBC definitions, however revision may be required when City adopts the International Construction Codes]
17-14	1701	Add definition of Story, First:  The lowest Story in a Building that qualifies as a Story, as defined herein, except that a floor level in a Building having only one floor level shall be classified as a First Story, provided such floor level is not more than 4 feet below grade, as defined herein, for more than 50 percent of the total perimeter, or not more than 8 feet below grade, as defined herein, at any point. [Revision may be required when City adopts the International Construction Codes]
17-15	1701	Delete definition of Street:  Any public right-of-way, or private Easement for Access or passage, other than an Alley or Driveway.
17-15	1701	Add definition of Street, Private:  Any tract of land or access easement set aside to provide vehicular Access within a Planned Development that is not dedicated or intended to be dedicated to the City and is not maintained by the City.
17-15	1701	Add definition of Street, Public:  A way for vehicular traffic, whether designated as a local, collector, arterial, freeway or other designation, which is improved to City standards, dedicated for general public use, and maintained by the City.  The term shall also include alleys.
17-16	1701	Revise definition of Yard, Required:  A required yard is the unobstructed open space from the ground upward, except as permitted by these regulations, measured from a point on the principal building to the lot line within which no Structure shall be located.  It is the three-dimensional equivalent to the corresponding required setbacks for every lot.  The Open Space between a Lot Line and the yard line within which no Structure shall be located except as provided in these regulations.
17-17	1703	Revise:  Conversion of a designated local, State or national historic landmark Structure to an economically a viable use, with the intent of preserving the landmark.
17-17	1704	Revise:  Conversion of a Greek Housing unit to an economically a viable use, with the intent of insuring the longevity of its architectural character and protecting nearby low-Density residential districts from incompatible developments.

SUMMARY

As noted above, major issues which were identified following the Planning Commission’s consideration of the Development Code have been summarized above.  Staff and Legal Counsel have revised the text to address many of the issues identified.  The table above addresses additional comments received since the November 11, 2005 Edition has been posted and following additional staff review.

Several comments have been received regarding issues that staff has identified to be policy issues which will require further study and consideration.  The Development Code may undergo additional amendments in the coming year as staff and members of the development community begin to use the regulations.  Issues that require further review may be identified and scheduled for future consideration later this year.

The City Commission will determine the effective date for implementation of the Development Code as part of their consideration of the recommended regulations.

RECOMMENDATION ON DEVELOPMENT CODE:  Staff recommends forwarding a recommendation for approval of the “Development Code, November 11, 2005 Edition,” to the City Commission incorporating the revisions noted in the Clarifications Table into the text of the Development Code.