PLANNING COMMISSION REPORT

Regular Agenda -- Public Hearing Item

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 adopted “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” is 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.

RECOMMENDATION ON DEVELOPMENT CODE: Staff recommends the Planning Commission forward a recommendation for approval of the revisions to the “Development Code, November 11, 2005 Edition,” to the City Commission so that they may be incorporated into the Development Code prior to the July 1, 2006 effective date. Specific recommendations are found at the end of each sub-section of this report.

Reason for Request:

Through the review of the proposed Development Code, a number of issues were identified that required “clean up or clarifying text” or are suggested for revision to address public comment. Adoption of the suggested revisions will improve the implementation of the Development Code and will allow incorporation of these revisions into the document prior to the July 1, 2006 effective date.

RELEVANT GOLDEN FACTOR:

Conformance with the Comprehensive Land Use Plan is the relevant factor that applies to this request. Adoption of new regulatory tools, one of which is the zoning regulations, is an implementation step in Chapter 13 of HORIZON 2020, the City/County Comprehensive Land Use Plan.

ASSOCIATED ITEMS ON THIS AGENDA

TA-03-02A-06 through TA-03-02I-06 represent revisions originally identified in the February 22, 2006 staff report and additional revisions suggested to address specific issues identified by the public and Planning Commission subsequent to the February staff report. These items have been grouped for ease in Commission consideration and action. Should the Commission desire additional study or alternate language on a particular sub-part, that portion of the text amendment can be deferred for additional study without impact to the remainder of the proposed revisions.

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

Written and oral comments prior to and at the February 22nd public hearing were utilized in preparing draft amendments for the Planning Commission’s consideration at their March 8th mid-month meeting. Following three hours of discussion, the Planning Commission initiated the subject text amendments for public hearing in April.

Staff Report

The City Commission adopted Ordinances 7985 & 7986 on April 4, 2006 adopting the Development Code, November 11, 2005 Edition and Zoning Map with a delayed effective date of July 1, 2006. The Planning Commission at their February 22nd meeting had recommended adoption of the code and map and had specifically indicated an intention to consider additional amendments that could be adopted prior to the delayed effective date.

OVERVIEW OF REVISIONS PROPOSED

TA-03-02A-06: A table of clarifying text/corrections is provided to clean up the November 11, 2005 Edition prior to the July 1, 2006 effective date. The majority of the table of recommended revisions is the result of staff and legal counsel review of additional public comment and staff review since the draft was posted on November 11, 2005.
TA-03-02B-06: Section 20-205. Proposed revisions to the purpose statement for the new RMG, Multiple-dwelling Residential-Greek Housing District and to clarify that conversion of Greek Housing to other uses deemed to be compatible with adjacent residential development are permitted through a special use permit for Adaptive Reuse. Conversion to other multiple family residential uses will require rezoning to another RM District. Sections 20-1703 & 20-1704 have been modified to clarify Adaptive Reuse sections.
TA-03-02C-06: Section 20-403 currently permits the development of Retail Establishments, Large in the CS, Commercial Strip District. Public comment has indicated concerns regarding the potential redevelopment of CS properties with big box stores as a permitted use in this district.
TA-03-02D-06: Section 20-534: Revisions are proposed regarding Accessory Dwelling Units in RS Districts. Revisions address public comment received at the February 22nd meeting.
TA-03-02E-06: Proposed revisions to Article 7, Planned Developments.
TA-03-02F-06: Proposed revisions to 20-908 regarding driveway standards in various residential districts.
TA-03-02G-06: Text amendments include alternate text developed by a PC ad hoc committee regarding when a retail market impact analysis should be required.
TA-03-02H-06: Proposed revisions to 20-1304 regarding the criteria for Major Changes to Final Development Plans
TA-03-02I-06: Amendments to 20-1739 to identify additional uses permitted in the Manufacturing & Production, Limited category to address public comment received at the February 22nd meeting.

These revisions have been posted on the Planning Department web site since mid-March to inform the public of the anticipated changes that may be recommended prior to the anticipated effective date. Deleted text is shown with ~~strikethrough~~; additional text is shown in italics. The blue text [with light grey shading] represents additions to this table since the 02/22/06 PC staff report was published.

ITEM NO. 19D:

TA-03-02D-06:

Text amendments to 20-534 regarding the permitted use Accessory Dwelling Units in various RS Districts.

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.]

STAFF REVIEW

Following public comment at the February public hearing, Staff was directed to consider alternate text to address concerns that Accessory Dwelling Units would not be achievable in many neighborhoods if Urban Conservation Overlay Districts needed to be established before development of ADUs. The Commission indicated at the March mid-month meeting that there was general agreement with the proposed revision, but this may be an item that would generate separate public comment. Therefore, this amendment is identified as a stand-alone amendment for consideration. The proposed amendment would allow ADUs in RS7 districts and less dense RS Districts. The requirement for owner occupancy of one of the units (either principal residence or ADU) remains in place.

STAFF RECOMMENDATION: Planning Staff recommends approval of the proposed text amendments and forwarding them to the City Commission with a recommendation for approval.