PC minutes 04/17/06
ITEM NO. 8: TEXT AMENDMENT REPEALING OR AMENDING 50’ SETBACK ALONG 6TH STREET BETWEEN MONTERY WAY & WAKARUSA DRIVE (DDW)
TA-01-01-06: Consideration of repeal or amendment of the 50' setback along W. 6th Street/US 40 between Monterey Way & Wakarusa Drive (Chapter 21, Article 12). Initiated by the City Commission on January 17, 2006. (On 3/14/06, the City Commission returned this item to the Planning Commission to consider alternatives for the segment between Folks Road and Wakarusa Drive.)
Presentation by Staff Dan Warner:
The proposed text amendment that was heard by the Planning Commission on February 22, 2006 addressed repealing the 50’ setback from Monterey Way to Wakarusa Drive. That proposal was recommended for denial by the Planning Commission and failed to win approval from the City Commission. The City Commission directed staff to examine options for changing the setback between Folks Road and Wakarusa Drive and referred this item back to the Planning Commission.
EXISTING ARTCILE 12
ARTICLE 12. BUILDING SETBACKS, ENFORCEMENT, EXCEPTIONS
21-1201. BUILDING OR SETBACK LINES ON MAJOR STREETS OR HIGHWAYS.
Building and parking setback lines are hereby established on certain major streets or highways as follows: West Sixth Street from County Route 13 to Monterey Way: setback line of 50 feet. (Ord. 6146)
21-1202. APPEALS-SETBACKS.
Notwithstanding Article 8 of this Chapter, any appeal of the building and parking setback line established for major streets or highways shall be to the Board of Zoning Appeals. The Board of Zoning Appeals shall have the power to modify or vary the building and parking setback line in specific cases in order that unwarranted hardship, which constitutes a complete deprivation of use as distinguished from merely granting a privilege, may be avoided. In the absence of such a hardship, the intended purpose of the building and parking setback line shall be strictly observed. (Ord. 6146)
21-1203. ENFORCEMENT.
No building or occupancy permit shall be issued for any new building within the plat approval jurisdiction of the City of Lawrence, or the unincorporated land in Douglas County, which fails to comply with the requirements of this Article. (Ord. 6146)
21-1204. EXCEPTIONS.
Any non-conforming residential building or structure located within the 50 foot building and parking setback, which is damaged by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or Act of God, may be restored or reconstructed provided; said restoration or reconstruction occurs on the original foundation. The building or structure may not be rebuilt to a greater density than existed before the damage. (Ord. 6146)
PROPOSED TEXT AMENDMENTS
STAFF REVIEW
The proposed amendment to Section 21-1201 of the joint City-County Subdivision Regulations addresses how much distance a property owner along 6th Street between Wakarusa Drive and Folks Road is required to setback buildings and parking areas from the roadway.
Analysis
Staff was directed by the City Commission to examine options for amending or repealing the extraordinary setback between Folks Road and Wakarusa Drive in order to facilitate the proposed Bauer Farm project. Staff examined three options to amend or repeal the 50-foot rule.
Option #1
Repeal the 50-foot rule and go to the controlling zoning district between Folks Road and Wakarusa Drive, on both sides of the street.
Positive
Treats both sides of the street consistently.
This allows Bauer Farm to have a 10’ setback instead of the required 50’ setback, which is positive if approval of this development plan is viewed favorably.
Negative
Allows Bauer Farm to have a 10’ setback instead of the required 50’ setback, which is negative if construction of housing units 10’ from the right-of-way is thought to be too close.
It will make the north side in this section unbalanced with the north side of the corridor overall and the separation between the north and south could go as little as 165’, which misses the 200’ separation that has been promoted.
Misses the 50’ plus ROW intent of the Western Development.
The south side could redevelop closer to 6th Street at some point in the future and some of the existing greenspace will be lost.
Option #2
Reduce the setback from 50’ to 25’ between Folks Road and Wakarusa Drive, on north side only.
Positive
Bauer Farm would have to redesign in order to meet the 25’ requirement,
Bauer Farm would have to redesign in order to meet the 25’ requirement, but it gives them more room than the 50’ rule would. This is positive if the redesign requirement is thought to be positive.
It gets the promoted 200’ corridor intent in this section of 6th Street.
Negative
Does not treat both sides of the street consistently.
Misses the 50’ plus ROW intent of the Western Development.
Bauer Farm would have to redesign in order to meet the 25’ requirement. This is a negative if the redesign requirement is thought to be negative.
The City’s legal staff feels this option is susceptible to a legal challenge from the property owners on the south side of 6th Street.
Option #3
Reduce the setback to 25’ between Folks Road and Wakarusa Drive, on both sides of the street.
Positive
Treats both sides consistently.
Bauer Farm would have to redesign in order to meet the 25’ requirement, but it gives them more room more room than the 50’ rule would. This is positive if the redesign requirement is thought to be positive.
25’ provides less room for the south side to redevelop closer to 6th Street, as compared to repealing the 50’ rule entirely.
Negative
Unbalances the corridor and won’t get the 200’ intent.
Misses the 50’ plus ROW intent of the Western Development.
Bauer Farm would have to redesign in order to meet the 25’ requirement. This is a negative if the redesign requirement is thought to be negative.
Option #2 was eliminated from consideration because it does not treat both sides of 6th Street consistently. Therefore, the City’s legal department is of the opinion adopting that option will bring a legal challenge from property owners south of 6th Street.
Option #1 and Option #3 are favored because they treat both sides of the street consistently and help facilitate completing the Bauer Farm project. One difference between the two options is that Option #1 repeals the 50’ rule while Option #3 amends the setback to 25’. Another difference is Option #1 allows the Bauer Farm project to proceed as originally designed while Option #2 will require the project to redesign in order to meet the 25’ requirement.
STAFF RECOMMENDATION
Staff recommends choosing either Option #1 or Option #3 and forwarding a recommendation for approval of the proposed text amendment to County Commission and the City Commission.
COMMISSIONER LAWSON: Reduction of setback results in 175 feet separation between buildings? What about 200 feet to the east of Folks?
Public Comments:
DAN WATKINS (Representing Bauer Farm): Wish for the commission to consider option number one. This option is preferred by majority of City Commissioners. There is plenty of right of way for road improvements. The new urbanism codes suggest about 135 feet of right of way to be used. The City Commission approved preliminary development plan for Bauer Farm, and option number one would accommodate the plan.
Commission Discussion:
COMMISSIONER BURRESS: Could we have an option that would result in 200 feet of separation, 37 and a halft feet each way?
COMMISSIONER EICHHORN: That would not be advisable to do something different on the north than what is done on the south?
COMMISSIONER ERICKSON: Has the gateway committee met to reconsider? What if Bauer Farm doesn’t happen? Which option would control the zoning district to be 30 feet?
COMMISSIONER ERICKSON: Inclined to relax setbacks because we can get the exact landscaping from the developers.
COMMISSIONER KREBS: What are we giving up?
STAFF WARNER: Green space, not the right of way.
COMMISSIONER EICHHORN: We would only have flat green space…this would be
better for encouraging developers. Would pick option number 1.
COMMISSIONER HARRIS: What would need to happen if we chose option number 3?
COMMISSIONER KREBS: The City Commission had a vote of 3 for complete repeal.
they wanted the buildings closer to the street which would create
slower character. I am more comfortable with 25 feet. If the
preliminary developing plan has to comeback, this would cause
more mixed usage and pedestrian connections.
COMMISSIONER BURRESS: It’s silly to think that if the buildings were closer that this
would calm the traffic of this road.
COMMISSIONER JENNINGS: Continuing the delay will increase cost and make it less
affordable to live out there.
COMMISSIONER LAWSON: Agrees with Commissioner Jennings, and is not supportive of
the request to redesign.
Motion by Commissioner Jennings to approve option number one. Seconded by Eichhorn. (Vote: 4-6 motion fails, those against Harris, Burress, Ermeling, Haase, Krebs, Erickson)
COMMISSIONER ERMELING: Why haven’t we taken this past Wakarusa?
STAFF STOGSDILL: Because Monterey Way to Wakarusa was already developed.
Motion by Commissioner Harris to approve option number three. Seconded by Krebs. (Vote: 5-5, those against Ermeling, Erickson, Haase, Jennings, Lawson)
Motion by Commissioner Burress to recommend 37 and a half setback on both sides. Seconded by Eichhorn.
COMMISSIONER LAWSON: Asks Dan Watkins on the impact of this recommendation.
DAN WATKINS: Not equal because of the inequality of the right of way.
COMMISSIONER BURRESS: Thinks that the City Commission can override.
(Vote: 3-7, those against Harris, Ermeling, Erickson, Riordan, Jennings, Lawson, Eichhorn)
Motion by Commissioner Burress to retain the 50 feet setback. Seconded by Haase. (Vote 4-6 motion fails, those against Harris, Ermeling, Riordan, Eichhorn, Jennings, Lawson)