aTA-03-02B-06

 

 

ORDINANCE NO. 8014

 

AN ORDINANCE AMENDING SECTIONS OF THE “Code of the City of Lawrence, Kansas, 2003 edition,” AND AMENDMENTS THERETO PERTAINING TO AMENDEMENTS OF 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-03-02B-06 to Section 20-205, Section 20-402, Section 20-1703 and 20-1704 of 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 20-205 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:

 

20-205       RMG, Multi-Dwelling Residential - Greek Housing Districts.

(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.

(b)       Principal Uses

Principal Uses are allowed in RMG Districts in accordance with the Use Table of Article 4.

(c)        Accessory Uses and Structures

Accessory Uses and Structures are permitted by right in connection with any lawfully established Principal Use, except as otherwise expressly provided in this Development Code. Also, unless otherwise stated, Accessory Uses are subject to the same regulations as the Principal Use. Accessory Uses and Structures, including Accessory Dwelling Units and Home Occupations are subject to the regulations of Sec. 20-532 et seq.

(d)       Density and Dimensional Standards

Unless otherwise expressly stated, all development in RMG Districts shall comply with the Density and Dimensional Standards of Article 6. 

(e)       Street Access

RMG Districts are intended to be located along Residential Collector, Collector and some Arterial Streets.

(f)         Local Register of Historic Places

If a Greek Housing unit qualifies for listing to the Local Register of Historic Places, an individual having legal or equitable interest in the Greek Housing unit must initiate the process for listing to this register.

(g)       Conversion of Existing Greek Housing

(1)         Existing Greek Housing units may be converted to the following specific Adaptive Reuses, subject to the terms and conditions set forth in this subsection:

(i)          Offices

(ii)        Home for Elderly Persons

(iii)      Day Care Center for Children

(iv)      Adult Day Care Home

(v)        Club or Community Center

(vi)      Student Housing Operated by the University or a college

(vii)    Elderhostel Operated by or associated with the University or a college

(2)         An individual seeking to convert an existing Greek Housing unit, pursuant to this subsection, shall be required to obtain Special Use approval in accordance with Section 20-1306 of this Development Code.  Conversion of existing Greek Housing units shall be made only after the City Commission finds, in addition to the approval criteria provided in Section 20-1306(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 shall not occupy more than 55% of the total Lot Area; provided, however, Parking Areas lawfully in existence prior to a conversion under this subsection, including Driveways, may be permitted to continue in use, if the Parking Areas 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.

(3)         A lawfully existing Greek Housing unit may be demolished and replaced with another Greek Housing unit, or may be enlarged without being subject to this subsection; provided, that the demolition and replacement or enlargement is executed in accordance with this Development Code.

(h)       Other Regulations

There are a number of other Development Standards that may apply to development in Base Districts, including but not limited to the following:

(1)         General Development Standards

                        See Article 11.

(2)         Landscaping

                        See Article 10.

(3)         Off-Street Parking and Loading

                        See Article 9.

(4)         Outdoor Lighting

                        See Sec. 20-1103.

(5)         Overlay Districts

                        See Article 13.

SECTION II.  Section 20-402 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:

 

Residential District Use Table Other category pertaining to Adaptive Reuse: Greek Housing Unit shall read as follows:

 

 

20-402 Residential District Use Table

 

20-402

Other

Adaptive Reuse

  Greek Housing Unit

Change P* to S* for Adaptive Reuse of Greek Housing in RMG and add 20-501 to Use Specific Standard column

 

 

 

SECTION III.  Section 20-1703 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:

 

 

 

20-1703            Adaptive Reuse of Designated Historic Property

Conversion of a designated local, State or national historic landmark Structure to another specified use, with the intent of preserving the landmark.

 

SECTION IV.  Section 20-1704 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:

 

20-1704            Adaptive Reuse of Greek Housing

Conversion of a Greek Housing unit to another specified use, with the intent of preserving its architectural character and protecting nearby low-Density residential districts from incompatible developments.

 

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:

 

 

___________________________________

Mike Amyx, Mayor

 

ATTEST:

 

 

__________________________________

Frank Reeb, City Clerk

 

APPROVED AS TO FORM AND LEGALITY:             

 

 

_____________________________________      

David L. Corliss                                      Date

Interim City Manager/Director of Legal Services