PC minutes 04/19/06

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 proposed “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” and proposed revisions are 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.

ITEM NO. 19A: TA-03-02A-06: Text amendments to various sections of Chapter 20 to clarify or clean up text.

STAFF PRESENTATION

Ms. Stogsdill introduced all of the proposed amendments.

Public comment:

BETTY LICHTWARDT: I am representing the League of Women Voters, and the first one that we were concerned with was the word “predominantly” to the term detached dwellings. We believe that because of the other language in it, that this word is unnecessary because other uses can go into the other RS districts. This is pertaining to Item 19A, page 2-2, section 20-202 (a)(l). The second modification that we are asking for is Item 19E, text amendments to Article 7, planned developments, page 7-2, section 20-701 (f)(l)(ii). We are asking that you include “building type” into the language that is already proposed. The basic problem of not having any kind of language that deals with the scale of the adjoining RS district is the fact that the regulations of the RS district could be duplicated in the RM district to create the three story apartments that are already a problem for RS districts, so the language doesn’t cure the problem. You need to have some kind of language that would reduce the scale of an RS district. On page 13-24, 20-1304 (e)(2)(iv) we are asking that you strike out “non” for residential building type, because building type is a residential building. What you really need is a broader ability to deal with both residential and non-residential buildings. We have asked that you change the wording to “changes a residential building type or a non-residential structure by more than 10 percent in size”. This would allow you to deal with square footage in retail usage, which based on the language wouldn’t allow you to do that in a planned development. The others you will have to refer to the letter that was sent to you by the League of Women Voters.

COMMISSIONER HARRIS: Your question about scale of a building, in that section it talked about height. Is that a different issue for you?

BETTY LICHTWARDT: No, it doesn’t appear to be a problem because a residential district allows a building to be 35 feet in height, so when you have an allowance of a 35- foot building, which can be very much taller based on the basement. This is one reason why you get these extremely tall buildings adjacent to small residential buildings.

MS. STOGSDILL: The language that we had proposed in section 202 had been a response to earlier comments from the League because detached dwellings were not specifically identified and we did suggest to include “predominantly” because if you don’t the purpose reads that the RS district accommodates single detached dwelling units on individual lots and there would be other things allowed by special use permit, but for someone only reading the purpose statement they would not know that if they didn’t go to the use table. Staff feels that you are providing more information by adding “predominantly”.

COMMISSIONER KREBS: What about the fact that it states that it is the primary purpose, which implies that there is a secondary purpose as well. So it seems that primary would duplicate the intent of predominantly.

MS. STOGSDILL: That would be another argument. I am just concerned that if someone reads it they may think that there can only be detached dwellings in this district and then they come unglued when something else is proposed in their neighborhood.

In section 701 the League’s letter suggests a couple of changes, and the first one suggests that you would incorporate the existing language in our existing zoning ordinance regarding the restriction of uses and building types. This generally just puts developers on notice that the city does have the ability through the PUD section to restrict uses and building types. This suggestion is reasonable to add to the code. The second suggestion from the League is to add the language “building type” to 701(j)(l) that is the section where we were talking about the development within 60 feet of the peripheral boundary of the planned district shall be limited to the following. The original language said “use, heights, setback and minimum lots sizes permitted in the zoning district immediately adjoining the proposed PD. The discussion at our midmonth meeting was that “use” would indicate that if you were adjacent to single family that within the first 60 feet of a planned development you would need to have single family and the intent had been that you would need to have residential, which is why we added “use category” instead of just “use” and in our opinion that covers everything we need to say. The other one was in Article 13, which is related to planned development. It was the section that described the major changes in a planned developments in terms of what would need to come back through the review process and giving us that criteria. At our midmonth, we discussed that building type specifically refers to residential structures, and that is why we added non-residential. The change that is suggested by the League is a good addition that gives us another criterion. Although I do think that the non-residential uses are covered in subsection C where it talks about not increasing the floor area for proposed non-residential uses by more than 10 percent, but I don’t think there is harm in duplicating it. The last League suggestion was an additional definition for “connector street” and putting that in the terminology section. I think that might be more reasonable to have in the subdivision regulations.

LINDA FINGER: I believe that is where all your other definitions of streets are and as I recall that is one of the staff’s recommendations to add a definition of connector so it doesn’t get confused with major and minor collectors.

COMMISSIONER HARRIS: On page 602(e)6(vii), you should add “courts” after “tennis”.

COMMISSION ACTION

Motion to approve Item 19A with addition of Commissioner Harris’ amendment, as well as the change to 1304E24H: the change in language of the residential building type or a non-residential structure. Seconded by Harris.

COMMISSIONER BURRESS: What is staff’s recommendation of 20-701?

MS. STOGSDILL: That is Item 19E, so I will tell you our opinion when we get to that item.

COMMISSIONER KREBS: Withdraw the 1304 aspect of my motion because it is found in Item 19H. So my motion is to accept item 19A.

Motion carried unanimously (10-0).

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 courts 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.

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.

Public Comment:

There was no public comment.

COMMISSION ACTION

Motion to approve Item 19B by Commissioner Harris. Seconded by Haase. Motion carried unanimously (10-0).

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.

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.

Public Comment:

There was no public comment.

MS. STOGSDILL: There is additional comment from Steve Chinn (see attached). This letter supports the proposed changes of staff.

COMMISSIONER HAASE: Will there be time limits?

MS. STOGSDILL: There would not be a time limit on a special use for a large retail establishment.

COMMISSIONER BURRESS: Would it be reasonable to footnote the (s), referring back to the other section that automatically grants the SUP to existing properties?

MS. STOGSDILL: We can look at that and see if that would be useful.

COMMISSION ACTION

Motion to recommend approval of Item 19C by Commissioner Harris. Seconded by Krebs. Motion carried unanimously (10-0).

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]

ITEM NO. 19D: TA-03-02D-06: Text amendments to 20-534 regarding the permitted use Accessory Dwelling Units in various RS Districts.

Public Comment:

There was no public comment.

COMMISSION ACTION

Motion to approve Item 19D by Commissioner Lawson. Seconded by Ermeling. Motion carried unanimously (10-0).

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.]

ITEM NO. 19E: TA-03-02E-06: Text amendments to Article 7, Planned Developments

MS. STOGSDILL: This brings us back to the League’s comments. Ms. Lichtwardt states the second modification that we are asking for is Item 19E, text amendments to Article 7, planned developments, page 7-2, section 20-701 (f)(l)(ii). They are asking that you include “building type” into the language that is already proposed. The basic problem of not having any kind of language that deals with the scale of the adjoining RS district is the fact that the regulations of the RS district could be duplicated in the RM district to create the three story apartments that are already a problem for RS districts, so the language doesn’t cure the problem. You need to have some kind of language that would reduce the scale of an RS district.

Public Comment:

There was no additional public comment.

COMMISSION ACTION

Motion to recommend approval of 19E as it is recommended by staff. Seconded by Lawson.

COMMISSIONER BURRESS: The transition from single family to multifamily is ok if the height is controlled.

Motion to initiate a text amendment to the section 701 which would allow controls over use structure of building type within the overlay district. Seconded by Ermeling. Motion carried unanimously (10-0)

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.

ADDITIONAL COMMISSION ACTION:

Motion by Commission Burress to initiate a text amendment to the section 701 to include the existing code language in 20-1004.1, which would allow controls over use structure or building type within the overlay district. Seconded by Ermeling. Motion carried unanimously (10-0).

ITEM NO. 19F: TA-03-02F-06: Text amendments to 20-908 regarding driveway standards in residential districts.

PUBLIC COMMENT:

There was no public comment.

MS. STOGSDILL: There is a recommendation to add a new section. This section references the driveway standards and Commissioner Harris suggested that we add some language that would talk about standards in the single family districts. That is in RS-3 and RS-5 districts residential driveways may be constructed with a minimum of 12 feet wide to reduce payment width.

COMMISSIONER HARRIS: The term minimum should be maximum because we don’t want the driveways to be too wide in front of houses that are narrow. So it says that is it should be at least 12 feet wide and there is no maximum on it and it also says “constructed a minimum of 12 feet wide to reduce pavement width. That doesn’t seem to make once. If we change the word minimum to maximum that would be better language.

COMMISSION ACTION:

Motion to approve the text amendments in Item 19F, with exception to changing the wording in 20-908(b)(3) of minimum to maximum. Seconded by Krebs. Motion carried unanimously (10-0).

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 maximum of 12’ wide to reduce pavement width and maintain the character of the neighborhood.

COMMISSIONER EICHHORN: We should skip Item 19G and discuss it right before Item 20.

COMMISSIONER RIORDAN: That is a good idea, and we will do that.

ITEM NO. 19H: TA-03-02H-06: Text amendments to 20-1304 regarding the criteria for Major Changes to Final Development Plans.

MS. STOGSDILL: The League’s letter recommended a change in this item as well.

COMMISSIONER BURRESS: The staff doesn’t object to League’s recommendations?

MS. STOGSDILL: Correct.

Motion to recommend approval for the change in 19H with the League’s recommendation of change to 20-1304(h). Seconded by Ermeling. Motion carried unanimously (10-0).

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 residential Building type or a non- residential structure by more than 10% in size.

ITEM NO. 19I: TA-03-02I-06: Text amendments to 20-1739 to identify additional uses allowed in the Manufacturing & Production, Limited category

Motion to recommend approval of Item 19I. Seconded by Harris. Motion carried unanimously (10-0).

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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.