PLANNING COMMISSION REPORT

Regular Agenda -- Public Hearing Item

ITEM NO. 19: ADOPTION OF REVISIONS TO DEVELOPMENT CODE, NOVEMBER 11, 2005 EDITION

TA-03-02-06: Pursuant to the provisions of K.S.A. Chapter 12, Article 7, consider revisions to the adopted “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” and proposed revisions 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” and proposed revisions are also available at www.lawrenceplanning.org.

RECOMMENDATION ON DEVELOPMENT CODE: Staff recommends the Planning Commission forward a recommendation for approval of the revisions to the “Development Code, November 11, 2005 Edition,” to the City Commission so that they may be incorporated into the Development Code prior to the July 1, 2006 effective date. Specific recommendations are found at the end of each sub-section of this report.

Reason for Request:

Through the review of the proposed Development Code, a number of issues were identified that required “clean up or clarifying text” or are suggested for revision to address public comment. Adoption of the suggested revisions will improve the implementation of the Development Code and will allow incorporation of these revisions into the document prior to the July 1, 2006 effective date.

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

TA-03-02A-06 through TA-03-02I-06 represent revisions originally identified in the February 22, 2006 staff report and additional revisions suggested to address specific issues identified by the public and Planning Commission subsequent to the February staff report. These items have been grouped for ease in Commission consideration and action. Should the Commission desire additional study or alternate language on a particular sub-part, that portion of the text amendment can be deferred for additional study without impact to the remainder of the proposed revisions.

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

Written and oral comments prior to and at the February 22nd public hearing were utilized in preparing draft amendments for the Planning Commission’s consideration at their March 8th mid-month meeting. Following three hours of discussion, the Planning Commission initiated the subject text amendments for public hearing in April.

Staff Report

The City Commission adopted Ordinances 7985 & 7986 on April 4, 2006 adopting the Development Code, November 11, 2005 Edition and Zoning Map with a delayed effective date of July 1, 2006. The Planning Commission at their February 22nd meeting had recommended adoption of the code and map and had specifically indicated an intention to consider additional amendments that could be adopted prior to the delayed effective date.

OVERVIEW OF REVISIONS PROPOSED

TA-03-02A-06: A table of clarifying text/corrections is provided to clean up the November 11, 2005 Edition prior to the July 1, 2006 effective date. The majority of the 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.
TA-03-02B-06: Section 20-205. Proposed revisions to the purpose statement for the new RMG, Multiple-dwelling Residential-Greek Housing District and to clarify that conversion of Greek Housing to other uses deemed to be compatible with adjacent residential development are permitted through a special use permit for Adaptive Reuse. Conversion to other multiple family residential uses will require rezoning to another RM District. Sections 20-1703 & 20-1704 have been modified to clarify Adaptive Reuse sections.
TA-03-02C-06: Section 20-403 currently permits the development of Retail Establishments, Large in the CS, Commercial Strip District. Public comment has indicated concerns regarding the potential redevelopment of CS properties with big box stores as a permitted use in this district.
TA-03-02D-06: Section 20-534: Revisions are proposed regarding Accessory Dwelling Units in RS Districts. Revisions address public comment received at the February 22nd meeting.
TA-03-02E-06: Proposed revisions to Article 7, Planned Developments.
TA-03-02F-06: Proposed revisions to 20-908 regarding driveway standards in various residential districts.
TA-03-02G-06: Text amendments include alternate text developed by a PC ad hoc committee regarding when a retail market impact analysis should be required.
TA-03-02H-06: Proposed revisions to 20-1304 regarding the criteria for Major Changes to Final Development Plans
TA-03-02I-06: Amendments to 20-1739 to identify additional uses permitted in the Manufacturing & Production, Limited category to address public comment received at the February 22nd meeting.

These revisions have been posted on the Planning Department web site since mid-March to inform the public of the anticipated changes that may be recommended prior to the anticipated effective date. Deleted text is shown with ~~strikethrough~~; additional text is shown in italics. The blue text [with light grey shading] represents additions to this table since the 02/22/06 PC staff report was published.

ITEM NO. 19A:

TA-03-02A-06:

Text amendments to various sections of Chapter 20 [November 11, 2005 Edition] to clarify or clean up text.

Pg No.	Section No. 20-	Recommended Text Change
Article 1. Introductory Provisions
1-2	107(b)(1)	Modify reference to specific definition: Words used in the Development Code have the standard dictionary definition ~~the meaning given in the latest edition of the Oxford English Dictionary~~ unless they are defined in Article 17 (Terminology).
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(a)	Base 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.
2-1	201(b)	Include RM12D in table of districts established
2-2	202(a)(1)	Clarify purpose: The primary purpose of the RS Districts is to accommodate predominantly single detached Dwelling Units on individual Lots.
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
2-9	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 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~~
2-24	219(f)	Modify to clarify when plan is required: Subject to the standards of this Article, the institution responsible for the property within the H District shall ~~from time to time~~ prepare and update an Institutional Development Plan for all of the property contained within the H District when a Significant Development Project is proposed.
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.
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 except Multi-Dwelling Structures
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)
4-9	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
5-16	522(2)(iv)b	Clarify use allowed: a temporary homeless or transient shelter; [transient shelter is term in use tables]
5-16	522(2)(iv)c	Delete term soup kitchen and replace with term community meal program
5-21	529(3)(i)	Any Telecommunications Facility that is not in use for a period of three full years or more shall be removed ….
5-23	529(7)(iv)	Insert excessive: The proposed Telecommunications Antenna would cause excessive electromagnetic interference with an existing Telecommunications Antenna on the Telecommunications Tower or Structure,
5-24	529(9)(iv)	All Telecommunications Towers and the base of the structure shall be designed and built to allow expansion at a later date to accommodate at least three two-way Telecommunications Antennas …
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 an 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
6-2	601(b)	Delete reference to Max. Lot area per dwelling unit in CN1
6-6 & 6-7	602(e)(6)	(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 Setbacks therein to the extent indicated: (i) Cornices, canopies, eaves or other architectural features may project into required Setbacks Required Yards up to 2.0 feet. (ii) Unenclosed fire escapes may project into required Required 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 required Required 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 required Required 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 Setbacks Yards, but they may be located in required Rear Setbacks Yards 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 Setbacks Required 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 Setback Required 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 required Side and Rear Setbacks Yards, and covered Accessory Structures greater than six feet in Height are allowed in the required Rear Setback Yard where an Alley abuts the Rear Lot Line, but no covered Accessory Structure is allowed in a required Front Setback Yard. (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 Setback Required Yard, except:
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
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)(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%]
11-9	1105(b)(3)(iii)	Modify: inconsistent with the pattern or material of sidewalks in older neighborhoods or historic districts.
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
13-38	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.
17-6	1701	Change terminology: ~~Emergency~~ Transient (or temporary) Shelter STAFF COMMENT: [Transient shelter is term used in use tables. Emergency shelter is only used in terminology section.]
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	Revise definition of 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 ofDwelling of 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 articles wherein 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.
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]
17-15	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. Owners of a private street may choose to gate access to this type of street from the general public.
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: The unobstructed Open Space measured from a point on a Principal Building to the Lot Line between a Lot Line and from the yard line ground upward, within which no Structure shall be located except as provided in these regulations, except as permitted by this Development Code. It is the three-dimensional equivalent of the required Setbacks for every Lot.

STAFF REVIEW

The proposed revisions identified in this Item 19A were discussed during the Planning Commission’s March 8th mid-month meeting. The Commission determined that these all fell into the category of ‘clean-up’ and ‘non-controversial’.

STAFF RECOMMENDATION: Planning Staff recommends approval of the proposed text amendments and forwarding them to the City Commission with a recommendation for approval.

ITEM NO. 19B:

TA-03-02B-06:

Text amendments to 20-205 RMG, Multi-Dwelling Residential - Greek Housing District to clarify purpose statement, require a Special Use Permit for Conversion of Greek Housing, and to 20-1703 & 20-1704 to clarify terminology related to Adaptive Reuse of Historic Properties or Greek Housing.

Pg No.	Section No. 20-	Recommended Text Change
Article 2. Base Districts
2-7	205(a)	(a) Purpose The primary purpose of the RMG District is to provide areas for Greek Housing in proximity to a university or college that provides higher education to the public, preserve the architectural character and use of these existing buildings, and protect nearby low-density residential districts from incompatible uses and developments. Greek Housing as specified herein shall be: (1) Occupied primarily by students; (2) Under 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 (3) Certified or seeking certification by the Pan Hellenic Association or Intrafraternity Council at KU. In furtherance of its primary purpose, the RMG District also provides for adaptive reuse of these existing Buildings for specified uses that also protect nearby low density residential districts from incompatible developments.
2-7	205(g)(2)	(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 20-1305 1306 of this Development Code. Conversion of existing Greek Housing units shall be made only after the Planning Director City 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.
2-8	205(g)(4)	Delete provision [appeal to Director no longer needed, with SUP requirement]
Article 4. Use Table
4-7	402	Change P* to S* for Adaptive Reuse of Greek Housing in RMG and add 20-501 to standards column
Article 17. Terminology
17-17	1703	Conversion of a designated local, State or national historic landmark Structure to another specified use, ~~an economically~~ ~~viable use~~, with the intent of preserving the landmark.
17-17	1704	Conversion of a Greek Housing unit to another specified use, with the intent ~~of insuring longevity~~ of preserving its architectural character and protecting nearby low-density residential districts from incompatible developments.

STAFF REVIEW

The proposed revisions involve alternate text to describe the purpose statement for the RMG District and alternate text for the definitions listed in 20-1703 & 20-1704 regarding conversions of Greek Houses or listed historic structures. The change in definitions eliminates the need to make a determination that a proposed use would be economically viable.

The remaining revisions to 20-205(g)(2) & (4) and to 20-402 are related to the intent that adaptive reuse of Greek Houses only is permitted through the Special Use Permit process. During the review of the development code following the November 11, 2005 posting, Staff identified that the draft was written to indicate that adaptive reuse could occur through approval of a site plan which would not have been through a public process.

STAFF RECOMMENDATION: Planning Staff recommends approval of the proposed text amendments and forwarding them to the City Commission with a recommendation for approval.

ITEM NO. 19C:

TA-03-02C-06:

Text amendments to 20-403 regarding the permitted use Retail Establishment, Large in the CS, Commercial Strip District.

Pg No.

Section No. 20-

Recommended Text Change

Article 4. Use Table

4-10

403

Change P* to S* for Retail Establishment, Large in the CS District to require a Special Use Permit [this will not allow big box by-right in CS, but will allow for the review of a specific proposal]

STAFF REVIEW

During the public hearing on the Development Code in February 2006, concerns were raised regarding the potential for a property owner to assemble CS District properties and redevelop the resulting site with a big box retail establishment through an administrative site plan process. Staff was directed to propose alternate text to address these comments. This issue was discussed at the March mid-month meeting and Staff was directed to provide this as a separate amendment for separate Commission discussion. The proposed change will still potentially allow a Large Retail Establishment in the CS District, but will require approval of a Special Use Permit in order to provide an opportunity for scrutiny of an individual proposal for evaluation.

STAFF RECOMMENDATION: Planning Staff recommends approval of the proposed text amendments and forwarding them to the City Commission with a recommendation for approval.

ITEM NO. 19D:

TA-03-02D-06:

Text amendments to 20-534 regarding the permitted use Accessory Dwelling Units in various RS Districts.

Pg No.

Section No. 20-

Recommended Text Change

Article 5. Use Regulations

5-29

534(1)(i)

Accessory Dwelling Units are allowed in certain situations to: (i) create new housing units while preserving the look and scale of single-Family detached Dwelling neighborhoods; allowed in RS zones, ~~only as part of an adopted Urban Conservation Overlay District, for a defined neighborhood;~~ subject to the procedures established in Section (xi) Registration; Affidavit. [Staff does not recommend approval of ADUs in RS5 & RS3 Districts without further study of potential impacts. Staff does not recommend allowance of ADUs without owner occupancy. Staff does not recommend changes to parking or design standards at this time. If after the code is adopted, we determine that parking or design standards result in negative impacts or inhibit the establishment of these uses, text amendments will be proposed addressing those issues.]

STAFF REVIEW

Following public comment at the February public hearing, Staff was directed to consider alternate text to address concerns that Accessory Dwelling Units would not be achievable in many neighborhoods if Urban Conservation Overlay Districts needed to be established before development of ADUs. The Commission indicated at the March mid-month meeting that there was general agreement with the proposed revision, but this may be an item that would generate separate public comment. Therefore, this amendment is identified as a stand-alone amendment for consideration. The proposed amendment would allow ADUs in RS7 districts and less dense RS Districts. The requirement for owner occupancy of one of the units (either principal residence or ADU) remains in place.

STAFF RECOMMENDATION: Planning Staff recommends approval of the proposed text amendments and forwarding them to the City Commission with a recommendation for approval.

ITEM NO. 19E:

TA-03-02E-06:

Text amendments to Article 7, Planned Developments.

Pg No.

Section No. 20-

Recommended Text Change

Article 7. Planned Developments

7-2

701(f)(1)(ii)

Redrafted to clarify:

(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.

(1) Allowed Uses

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 permitted approved 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 .

7-4

701(j)(1)

Development within 60 feet of the peripheral boundary of the PD shall be limited to the following: (1) use category, Heights, Setbacks and minimum Lot sizes permitted in the Zoning District immediately adjoining the proposed PD on the date of the preliminary development plan approval of the PD; and

7-4

701(l)(2)

Change ~~250~~ to 100 average daily trips

7-6

702(c)1 & 2

Cluster Housing Projects

(c)Where Allowed; Procedure

Cluster Housing Projects are allowed by right in all residential Zoning Districts and in the CN1 District, as provided below.

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.

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.

STAFF REVIEW

The proposed revisions are a combination of staff identified clarifications and responses to public comments provided during the review of the draft development code. These revisions clarify when commercial uses may be permitted in Planned Developments; clarifies the type of uses anticipated within the peripheral area of Planned Developments; reduces the threshold (average daily trips) for requiring access to collector or arterial streets; and correction of references to other sections of the development code.

STAFF RECOMMENDATION: Planning Staff recommends approval of the proposed text amendments and forwarding them to the City Commission with a recommendation for approval.

ITEM NO. 19F:

TA-03-02F-06:

Text amendments to 20-908 regarding driveway standards in residential districts.

Pg No.	Section No. 20-	Recommended Text Change
Article 9. Parking, Loading and Access
9-11	908(b)(2)	Reference standards utilized by Public Works Department: Driveway widths may not exceed 26 feet in residential Districts. All Driveway cuts into the Street require a permit and must be approved by the City Engineer in conformance with the standards outlined in Chapter 16, Article 3 of the City Code.
9-11	908(b)(3)	Add a minimum standard for driveway widths in RS3 & RS5 lots so that driveways are constructed in character with the neighborhood: In RS3 and RS5 Districts, residential driveways may be constructed a minimum of 12’ wide to reduce pavement width and maintain the character of the neighborhood.

STAFF REVIEW

The subject of this revision was identified during the March mid-month meeting. The first amendment clarifies the cross reference to driveway standards in another part of the City Code. The second part of this revision addresses the concern that ‘standard suburban’ driveways may not be the appropriate choice for smaller lot development.

STAFF RECOMMENDATION: Planning Staff recommends approval of the proposed text amendments and forwarding them to the City Commission with a recommendation for approval.

ITEM NO. 19G:

TA-03-02G-06:

Text amendments to 20-1107 regarding standards for Market Impact Analysis as part of site plan or zoning process.

Pg No.

Section No. 20-

Recommended Text Change

Article 11. General Development Standards

11-10 & 11

1107

20-1107 Retail Market Impact Analysis

(a) Applicability

An independent market impact analysis shall be required for any application for site plan, development plan, or zoning that could result in 50,000 square feet or more of additional Floor Area for retail businesses in the City. Developments that would create less than 50,000 square feet of added retail space in the City or those that would reoccupy retail space that is already part of the City’s retail database (whether currently occupied or currently vacant) shall be exempt from the independent market impact analysis.

(b) Definitions

(1) A retail business shall be defined as one whose primary coding under the North American Industrial Classification System (NAICS) falls into ~~at least~~ one of the following sectors or sub sectors:

(i) Sectors 44-45: Retail Trade;

(ii) Sub sector 722: Food Services and Drinking Places;

(iii) Sub sector 811: Repair and Maintenance; and

(iv) Sub sector 812: Personal and Laundry Services.

(2) Retail space shall be defined as enclosed Floor Area that is principally intended for occupancy by any of the above kinds of retail businesses regardless of whether that space is vacant or occupied by other types of business.

(3) Retail space occupied by a non-retail use shall be identified with respect to the calculations of Section 20-1107.

(c) Criteria for Independent Market Impact Analysis

(1) The independent market impact analysis will be undertaken by an independent consultant selected by the City from a list of approved consultants certified for this analysis by the City of Lawrence. The applicant may provide comment and advice concerning the selection of the consultant, however, the ultimate selection of the consultant shall be determined by the Director of Planning.

The applicant shall bear the expense of the independent market impact analysis.

(2) The market impact analysis shall provide at least the following information:

(i) The independent consultant will verify that the facts, assumptions, projections, and market data provided by the City are valid and reasonable.

(ii) The City will provide sales tax information disaggregated to the extent possible by region of the city and type of retail activity. Based on that data, the independent consultant will determine what, if any, retail sectors are underserved in the City of Lawrence. Such determination will be based upon generally accepted norms for retail consumption per capita or per household. Sufficient information shall be provided as to allow for replication and verification of the consultant’s conclusions.

(iii)Computation of a hypothetical citywide retail space vacancy rate using current (i.e., at the time of application) data on the City’s existing retail space vacancy rates. The independent consultant shall assume that the new retail space will either be entirely vacant when opened or will cause an equal amount of space elsewhere in the city to become vacant.

(iv) Based upon population and disposable income trends, as well as projected retail absorption by NAICS sector or sub sector, the independent consultant will prepare a phasing plan for the development of various retail outlets. Such plan would not be site specific, but rather it would forecast absorption rates for the city at large. The plan would be designed to avoid an unacceptable citywide vacancy rate within retail properties to ensure that well served retail sectors are not prematurely expanded. Pursuant to the Comprehensive Plan, the project shall not be approved if the market impact analysis indicates the commercial project or proposed phase cannot be absorbed into the community within three years from the date of its estimated completion, or that it would result in a community-wide retail vacancy rate of greater than 8 percent.

4) The Planning Commission, the City Commission or the Planning staff may require additional data, analysis or information for the market impact analysis depending upon the proposed project or the proposed phase of the project. The Planning Commission shall establish standards and methods for analyzing retail market data.

(d) Responsibilities of the City

(1) The Lawrence Douglas County Metropolitan Planning Office will maintain a list of not less than three independent consultants who are certified by the Planning Office to conduct the research and analysis necessary for the market impact analysis reports. The Planning Office will, from time to time, require these consultants to participate in appropriate training and informational sessions both to retain certification and to learn about new data and techniques suitable for the market impact analysis.

(2) The Lawrence Douglas County Planning Office will maintain a database of retail space and retail businesses in the City. This database will contain nonproprietary information, such as business name (or vacancy), address of the space, estimated Floor Area and land /parcel area of the space, NAICS code of the establishment, general physical condition of the ~~exterior of the~~ space, zoning of the land/parcel, and related information that is readily accessible and useable by the public, by City officials, applicants for retail space development or occupancy, and independent consultants. The database shall be analyzed annually (at a minimum) to determine and document the conversion of retail space into non-retail space and vice-versa. The database shall undergo ~~annual~~ updating, including field research, at least annually but may be subject to periodic updating as revised information is obtained during normal city government operations.

(3) The Lawrence Douglas County Planning Office will maintain a database of retail sales tax receipts disaggregated by region of the city and type of retail activity as a measure of retail sales in the City of Lawrence.

(e) Relationship of Market Impact Analysis to Project Approval

The market impact analysis shall be used in conjunction with the appropriate review and decision making criteria in the evaluation of zoning ~~map~~ amendment applications and decisions and approvals of development plans and site plans. The market impact analysis, coupled with information maintained by the Lawrence Douglas County Planning Office, is designed to help guide the decision process to avoid: (1) unreasonably impacting retail activity in the Central Business District; and (2) introducing retail businesses that cannot be absorbed by the market thus adversely impacting other retail districts.

Additionally, the market impact analysis, coupled with information maintained by the Lawrence Douglas County Planning Office, should be used to identify underserved retail sectors and provide compelling rationale for attracting retail businesses to satisfy this market demand.

11-10 & 11

1107

Staff alternate text

Strike sub-sections c & d so that the Section only provides (a) Applicability, (b) Definitions and (e) Relationship of Market Impact Analysis to Project Approval

STAFF COMMENT:

[This change provides the authority to require Market Impact Analysis as part of the site/development plan or zoning process and leaves the discussion of criteria to a future date and time when additional discussion is possible.]

STAFF REVIEW

Section 20-1107 of the “Development Code, November 11, 2005 Edition” was recommended for approval by the Planning Commission at their February 2006 meeting. This text amendment is for the consideration of alternative language that was developed by an ad hoc committee to the Planning Commission.

Specifically, the ad hoc committee identified the following changes to the original text developed by Development Strategies Inc.:

1. Add that an independent market impact analysis can be required for any application regarding a development plan, not just a site plan or zoning application under Section 20-1107 (a).

2. Under Section 20-1107 (b) 1, North American Industry Classification System (NAICS) sub sectors will also be used in addition to sectors.

3. In addition to the calculation of retail uses in retail spaces, retail space occupied by non-retail use will also be identified under section 20-1107 (b) 3.

4. Clarified that the applicant may provide comment on the selection of an independent consultant from an approved list, but that the choice will ultimately be up to the Director of Planning under Section 20-1107 (c) 1.

5. Section 20-1107 (c) 2 clarifies that the applicant bears the expense of the independent market analysis.

6. Section 20-1107 (c) 3 states that the independent consultant will verify data provided by the City and that the City will also supply sales tax data. The consultant will then determine sectors that are underserved based upon norms for retail consumption per capita per household.

7. The consultant will use population and income trends, as well as projected retail absorption rates to design a phasing plan for the retail development. The phasing plan would be based upon city-wide and not site-specific absorption rates. Specifically, Section 20-1107 (c) 3 (iv) calls for projects to be fully absorbed into the market within 3 years from the completion date of the project or retain an under 8% community wide vacancy rate.

8. Section 20-1107 (c) 4 allows for the Planning Commission, City Commission or staff to require additional data, analysis or information and allows for the Planning Commission to establish standards and methods for analyzing the retail market data.

9. Section 20-1107 (d) describes the responsibilities of the City and determines that the database should be analyzed and updated annually. It further states that the Planning Office will maintain a database of sales tax receipts.

10. Section 20-1107 (e) outlines the relationship of Market Impact Analysis to project approval and was clarified in new language by the ad hoc committee. In short, the market impact analysis will guide the decision process to avoid unreasonably impacting retail activity in the Central Business District and introducing businesses that cannot be absorbed by the market. Additionally, the information will be used to identify underserved sectors in order to attract business that will satisfy market demand and provide a good fit.

At the March 8^th Mid-Month meeting, the Planning Commission discussed revisions to the above language. Changes to the revised Retail Market Impact Analysis section (20-1107) were identified, specifically:

Change “sector” to “sectors” under Section 20-1107 (b) 1 (i).
Remove the word “conspicuously” from Section 20-1107 (b) 3.
Propose alternate text for Section 20-1107 (c) 2 (ii)
Propose alternate text for Section 20-1107 (d) 3

These changes have been made on the current version of the document attached to this memo.

The Ad Hoc Committee on Retail Impact Studies developed a set of “Standards for Retail Impact Studies” to act as a set of operating procedures that will guide analysis of retail market studies to be completed by City Staff for Lawrence as a whole, as well as independent retail market studies completed by developers of individual projects. These standards are designed to provide guidelines for the analysis of retail impact studies based on certain numerical indicators, as set forth in Horizon 2020 Chapter 6, Policy 3.11 and the proposed New Development Code, Chapter 20, Article 11. These standards are to be considered for adoption by the Planning Commission on the April 19, 2006 agenda as Item #20.

Estimation of Staff Hours:

Staff estimates that to maintain the duties associated with the Retail Market Impact Analysis section (20-1107) of the proposed new Development Code that it will take one person approximately 386 hours a year of working time. First year hours may be more based on initial set-up of the required files and data.

Task	Hours per Year
Inventory of Retail Supply	0
Ongoing Database Management	50
Annual Update	160
Demand Side Figures	0
Annual Sales Tax Receipt Database Update	40
Annual Sales Tax Data Analysis	40
Individual Project Review (estimation of 5/year)	80
Other Administrative Duties	16
Total	386

Alternate Text:

Staff has provided alternate text which provides ‘bare bones’ language to provide the authority to require submission of Market Studies and postpones adoption of specific criteria to a later date. Adoption of this minimal language would provide the codified authority to require submission of studies even though the Commission may which to explore the staffing impacts or advantage/disadvantages of specific criteria in more detail.

STAFF RECOMMENDATION: Planning Staff recommends Commission discussion of the proposed text amendment.

If the Commission is comfortable in moving forward with adoption of the Ad Hoc Committee’s alternate language, a recommendation of approval could be considered for the proposed text amendments and forwarding them to the City Commission with a recommendation for approval.

If the Commission does not feel comfortable with the details of the proposed text amendment and is not in favor of the current text developed by the City’s consultant, the Commission could recommend the alternate text as prepared by Staff be approved and forwarded to the City Commission with a recommendation for approval as an interim measure.

ITEM NO. 19H:

TA-03-02H-06:

Text amendments to 20-1304 regarding the criteria for Major Changes to Final Development Plans.

Pg No.

Section No. 20-

Recommended Text Change

Article 13. Development Review Procedures

13-24

1304(e)(2)(iv) h

Major Changes

A Major Change is one that:

a. increases the proposed gross residential Density or intensity of use by more than five percent (5%)

b. involves a reduction in the area set aside for Common Open Space in general, or Recreational Open Space or Natural Open Space in particular, or the substantial relocation of such areas;

c. increases by more than 10 percent (10%) the total Floor Area proposed for nonresidential uses;

d. increases by more than 5 percent (5%) the total ground area covered by Buildings;

e. changes a residential use or Building type;

f. increases the Height of Buildings by more than 5 feet; or

g. represents a new change to the Preliminary Development Plan that creates a substantial adverse impact on surrounding Landowners; or

h. changes a non-residential Building type by more than 10% in size.

STAFF REVIEW

The proposed revision is a recommendation developed during Staff’s review of the November 11, 2005 edition and in response to public comment. The addition of subsection (h) itemizes and clarifies an additional change that may trigger additional review of Planned Developments. In Staff’s opinion, the additional criteria will assist Staff in administering the development code in an objective manner.

STAFF RECOMMENDATION: Planning Staff recommends approval of the proposed text amendments and forwarding them to the City Commission with a recommendation for approval.

ITEM NO. 19I:

TA-03-02I-06:

Text amendments to 20-1739 to identify additional uses allowed in the Manufacturing & Production, Limited category.

Pg No.

Section No. 20-

Recommended Text Change

Article 17. Terminology

17-24 & 25

1739

Staff proposed text to expand uses permitted in CS district

20-403 requires a SUP for this use, which provides opportunity to review potential odor/traffic impacts.

Add a third category to Manufacturing and Production, Limited to include: (3) Manufacturing, processing, or packaging of small-scale food production operations with limited on-site retail sales. Typical uses include caterers, bakeries, bottling and beverage manufacturing operations.

STAFF REVIEW

The proposed revision is the result of Commission direction to Staff to address public comment. Through the review of how existing uses in the C-4 District would be categorized in the development code, it was identified that small-scale food production uses were not specifically permitted in the new code. In Staff’s opinion, this amendment should reduce the creation of potential non-conforming uses through the conversion of properties from C-4 orC-5 to the CS District.

STAFF RECOMMENDATION: Planning Staff recommends approval of the proposed text amendments and forwarding them to the City Commission with a recommendation for approval.