PLANNING COMMISSION REPORT
REGULAR AGENDA PUBLIC HEARING ITEM
PC Staff Report
4/17/06
ITEM NO. 8: TEXT AMENDMENT TO SECTION 21-1201, CITY/COUNTY SUBDIVISION REGULATIONS (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.
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)
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.
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
o Treats both sides of the street consistently.
o 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
o 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.
o 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.
o Misses the 50 plus ROW intent of the Western Development.
o 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
o Bauer Farm would have to redesign in order to meet the 25 requirement,
o 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.
o It gets the promoted 200 corridor intent in this section of 6th Street.
Negative
o Does not treat both sides of the street consistently.
o Misses the 50 plus ROW intent of the Western Development.
o 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.
o The Citys 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
o Treats both sides consistently.
o 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.
o 25 provides less room for the south side to redevelop closer to 6th Street, as compared to repealing the 50 rule entirely.
Negative
o Unbalances the corridor and wont get the 200 intent.
o Misses the 50 plus ROW intent of the Western Development.
o 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 Citys 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