TA-03-02E-06
ORDINANCE NO. 8016
AN ORDINANCE AMENDING SECTION 20-701 & 20-702 OF THE “Code of the City of Lawrence, Kansas, 2003 edition,” AND AMENDMENTS THERETO PERTAINING TO AMENDEMENTS TO THE DEVELOPMENT CODE OF THE CITY OF LAWRENCE, KANSAS, NOVEMBER 11, 2005 EDITION AS ADOPTED BY ORDINANCE NO. 7985.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE,
WHEREAS, the Governing Body on April 4, 2006, adopted Ordinance No. 7985, adopting the Development Code of the City of Lawrence, Kansas, November 11, 2005 edition; and
WHEREAS, after due and lawful notice and hearing, the Lawrence-Douglas County Metropolitan Planning Commission on April 19, 2006, approved the Text Amendments TA-03-02E-06 to various sections of the Zoning Ordinance regarding clarifying/text corrections to the Development Code of the City of Lawrence as adopted by Ordinance No. 7985; and
WHEREAS, after due and lawful notice the recommended Zoning Ordinance amendment came on for hearing before the governing body of the City of Lawrence, Douglas County, Kansas on May 16, 2006, and after due consideration and deliberation the recommended changes were approved.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION I. Section 20-701 of the Code of the City of Lawrence, Kansas, 2003 edition, and amendments thereto, and the Development Code of the City of Lawrence as adopted by Ordinance No. 7985, is hereby amended to read as follows:
20-701 PD, PLANNED DEVELOPMENT OVERLAY DISTRICT.
Section 20-701 (f) (1) is amended to read as follows:
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:
(i) PDs in Single-Dwelling and Multi-Dwelling (RS and RM) Districts may include land area for commercial uses at a ratio of up to 50 square feet of land area per Dwelling Unit.
(ii) commercial uses in addition to those otherwise permitted by right, may be approved in a PD in an RS or RM District, if the PD includes a minimum area of 10 acres or more than 100 Dwelling Units.
SECTION II. Section 20-701 of the Code of the City of Lawrence, Kansas, 2003 edition, and amendments thereto, and the Development Code of the City of Lawrence as adopted by Ordinance No. 7985, is hereby amended to read as follows:
20-701 PD, PLANNED DEVELOPMENT OVERLAY DISTRICT.
Section 20-701 (j) is amended to read as follows:
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 preliminary development plan approval of the PD; and,
(2) a landscaped buffer, including a Berm (minimum 4’ in Height), a masonry wall (minimum of 6’ in Height) or a fence (minimum 6’ in Height).
SECTION III. Section 20-701 of the Code of the City of Lawrence, Kansas, 2003 edition, and amendments thereto, and the Development Code of the City of Lawrence as adopted by Ordinance No. 7985, is hereby amended to read as follows:
20-701 PD, PLANNED DEVELOPMENT OVERLAY DISTRICT.
Section 20-701 (l) (2) is amended to read as follows:
(2) Street Access
PDs that will generate 100 or more average daily trips (based on traffic generation estimates of the Institute of Transportation Engineers’ Trip Generation Manual, 7th edition, or subsequent edition, or based on local estimates provided by the City) shall have Access to an Arterial Street using a Frontage or rear Access road or by taking direct Access to a Collector Street.
Individual residential Building Lots shall not take direct Access to an Arterial Street or a non-Residential Collector Street. Each individual residential Lot shall have Frontage on a public or private Street that has been constructed to the public Street standards of the City.
SECTION IV. Section 20-702 of the Code of the City of Lawrence, Kansas, 2003 edition, and amendments thereto, and the Development Code of the City of Lawrence as adopted by Ordinance No. 7985, is hereby amended to read as follows:
20-702 CLUSTER HOUSING PROJECTS.
Section 20-702 (c) is amended to read as follows:
Cluster Housing Projects are allowed by right in all residential Zoning Districts and in the CN1 District, as provided below.
(1) In RS Districts and the CN1 District, Cluster Housing Projects shall not include more than 35 Dwelling Units. Larger projects in said Districts are subject to the Planned Development regulations of Sec. 20-306 and shall be reviewed and approved in accordance with the procedures of Sec. 20-1304.
(2) Cluster Housing Projects allowed by-right will be evaluated for compliance with applicable regulations and reviewed and approved in accordance with the subdivision procedures of Article 8. review process.
SECTION V. This ordinance shall take effect on July 1, 2006 and after its publication as provided by law.
PASSED by the Governing Body of the City of Lawrence, Kansas, the ____th day of June, 2006.
APPROVED:
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Mike Amyx, Mayor
ATTEST:
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Frank Reeb, City Clerk
APPROVED AS TO FORM AND LEGALITY:
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David L. Corliss Date
Interim City Manager/Director of Legal Services