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PLANNING COMMISSION REPORT Regular Agenda -- Public Hearing Item |
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ITEM NO. 7A: TEXT AMENDMENT TO CHAPTER 20 DEVELOPMENT CODE (SMS)
TA-05-03B-06: Consider revisions to Chapter 20, Development Code to correct inconsistencies identified since originally updated.
Pursuant to the provisions of K.S.A. Chapter 12, Article 7, consider revisions to the adopted “Development Code, July 1, 2006 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, July 1, 2006 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, July 1, 2006 Edition” is incorporated by reference as if fully set forth in this notice. Copies of the “Development Code, July 1, 2006 Edition” and proposed revisions are available for review at the Office of the Lawrence-Douglas County Planning Department, City Hall, 6 E. 6th Street, Lawrence, Kansas. The “Development Code, July 1, 2006 Edition” and proposed revisions are also available at www.lawrenceplanning.org. |
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RECOMMENDATION: Staff recommends the Planning Commission forward a recommendation for approval of the proposed revisions [TA-05-03B-06] to Articles 2, 4, 5, 6, 9, & 17 of the “Development Code, July 1, 2006 Edition,” to the City Commission.
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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. TA-05-03B-06 represents specific amendments to various articles as outlined in the following table. These revisions were initiated by the Planning Commission at their June 26th meeting. |
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RELEVANT GOLDEN FACTOR:
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING
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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.
At the April 19th Planning Commission meeting, the Commission recommended approval of a series of amendments [TA-03-02A-06 through TA-03-02I-06]. The City Commission received these recommendations at their meeting on May 16th and approved all of the recommended amendments except TA-03-02D-06 and TA-03-02G-06.
TA-03-02D-06, revisions to 20-534 regarding Accessory Dwelling Units was deferred until staff had an opportunity to consider potential definitions for owner and/or owner-occupied. Legal Staff has indicated that additional research is necessary. A proposed definition will be provided for consideration at the August Planning Commission meeting. This text amendment will be on hold until a definition can be forwarded to accompany the proposed changes.
TA-03-02G-06 was deferred until after the CC/PC study session on June 14th regarding the Retail Market Impact Analysis. The City Commission is scheduled to consider TA-03-02G-06 at their August 22nd meeting.
Ordinances 8013 through 8019 were adopted on second reading on June 27th. These ordinances amend the development code to include all revisions approved to date.
TA-05-03A-06 which amends Section 20-701(f) to include the existing code language found in former Section 20-1004.1 to clarify that the Planning Commission or City Commission may specifically restrict uses or building types in planned developments was recommended for approval by the Planning Commission on June 26th and is scheduled for consideration by the City Commission on July 25th.
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OVERVIEW OF REVISIONS PROPOSED
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Deleted text is shown with strikethrough;
additional text is shown in italics. Brief explanations of the
reason for the changes are described in the table in small caps.
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Pg. No.
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Section No. 20 - |
Recommended Text Change |
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Article 1. Introductory Provisions
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Article 2. Base Districts
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Accessory Dwelling Units -- amend general statement in Article 2 regarding ADUs in each of the districts that do not permit these residential uses.
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2-7, 2-8, 2-9, 2-11, 2-13, 2-16, 2-17, 2-20
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RSO - 203(c), RM - 204(c), RMG - 05(c), RMO - 206(c), CN2 – 208(c), CD – 210(c), CC – 211(c), CS – 213(c) |
Accessory Uses and Structures are permitted by right in
connection with any lawfully established Principle 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 |
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2-15, 2-19, 2-22, 2-23, 2-24, 2-25,
2-27
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CO – 210(c), CR – 212(c), IBP – 214(c), IL – 215(c), IG – 216(c), OS – 217(c) & GPI – 218(c), H – 219(c) |
Accessory Uses and Structures are permitted by right in
connection with any lawfully established Principle 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 |
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Create reference to setbacks for GPI and H Districts being the same as those in the IBP District.
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2-26 |
218(d) |
(d) Density and Dimensional Standards Unless otherwise expressly stated, all development in GPI Districts shall comply with the Density and Dimensional Standards of Article 6. Setbacks for the GPI District are the same as those established in 20-601(b) for the IBP District. The GPI may include a Type 3 Bufferyard, expanded to a width of 75 feet, along the border. The Height standards of 20-602(h)(2) shall apply to all uses in the GPI District.
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2-27 |
219(d) |
(d) Density and Dimensional Standards Unless otherwise expressly stated, all development in H
Districts shall comply with the Density and Dimensional Standards of Article
6. Setbacks for the H District are the same as those established in
20-601(b) for the IBP District.
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Article 3. Overlay Zoning Districts
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Reserve sections for 31st Street Corridor.
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3-8 |
307(a) |
Add: (6) 31st Street Corridor Overlay District (section reserved)
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3-8 |
307(b) |
Add: (6) 31st Street TC: (Section reserved for adoption of a major corridor plan and boundaries for this Overlay District.)
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3-10 |
301(c) |
Add: (6) 31st Street TC Development Standards: All Significant Development Projects within the 31st Street Corridor Overlay District shall be required to meet the following standards: (i) Section held for Setback standards for new Structures. (ii) Section held for Setback standards for existing Structures. (iii) Section held for Landscaping standards.
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Article 4. Use Table
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Clarify where Boarding Houses and Cooperatives may be located
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4-3 |
402 |
Add additional line to Group Living Category for Boarding Houses and Cooperatives and add P to permit in the following Districts: RM12, RM15, RM24, RM32 and RMO
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4-8 |
403 |
Add additional line to Group Living Category for Boarding Houses and Cooperatives and add dashes to all districts
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Clarify where Accessory Dwelling Units are permitted
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4-9 |
403 |
Remove P* from GPI and H Districts for Accessory Dwelling Units
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Clarify where Sexually Oriented Media Stores are permitted
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4-10 |
403 |
Remove P* from CD for Sexually Oriented Media Store
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Article 5. Use Regulations
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Clarify in Special Condition that Funeral and Internment facilities in OS are allowed only as accessory uses to a cemetery use
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5-6 |
505 (3) |
Add: (3) Funeral and Internment facilities, such as funeral homes and mortuaries, are only permitted in the OS District when accessory to a cemetery use.
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Downtown UC Guidelines restricts ground floor retail to Mass St and permits ground floor residential on side streets. Guidelines do not permit ground floor residential on Mass; delete option for SUP.
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5-13 |
517(4)(ii) |
(4) Standards that Apply in CD District (i) A multi-Dwelling Structure shall be permitted in the CD District provided that it is situated above the Ground Floor when located on Massachusetts Street..
(ii) A multi-Dwelling Structure requires a Special Use Permit in the CD District when Ground Floor residential uses are proposed along numbered streets, Vermont or New Hampshire Streets.
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Clarify that Sexually Oriented Media Stores are not allowed in CD district
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5-19 |
528(3)(i)&(ii) |
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Accessory Dwelling Units – Delete these uses from GPI and H Districts. Amend Section 534 to reflect removal and amend general statement in Article 2 regarding ADUs in each of the districts that do not permit these residential uses.
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5-29 |
534 |
Accessory Dwelling Units (permitted only in RS40, RS20,
RS10, RS7 and CN1,
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Article 6. Density and Dimensional Standards
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Add footnote that setbacks for GPI and H Districts are same as setbacks in IBP District
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6-2 |
601(b) |
[10] Setbacks in the GPI and H Districts shall be the same as those established in the IBP District. |
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Article 7. Planned Development Districts
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Article 8.Subdivision Design and Improvement Regulations <<Reserved>>
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Article 9. Parking, Loading and Access
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Add reference to adopted APWA standards instead of ‘BMP’
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9-3 |
901(c) |
Developments that provide parking in excess of the required standards must mitigate the impacts of the increased Impervious Surface through the use of storm drainage Best Management Practices (BMPs) as provided in the City’s adopted BMP manual [Mid-America Regional Council and American Public Works Association Manual for Best Management Practices for Stormwater Quality – Sept. 2003 and subsequent updates]. Single Family and duplex residential uses shall be exempt from this requirement.
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Article 10. Landscaping and Screening
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Article 11. General Development Standards
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Article 12. Floodplain Management Regulations
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Article 13. Development Review Regulations
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Article 14. Boards and Commissions
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Article 15. Nonconformities
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Article 16. Violations, Penalties and Enforcement
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Article 17. Terminology
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Modify definition of owner and/or add definition of owner-occupied to clarify issue related to Accessory Dwelling Units
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17-11 |
1701 |
Modification of the definition of Owner and the provision of definitions for the terms Occupant and Owner-Occupied are being reviewed by City Legal Staff and will be provided with proposed amendments at the August 2006 Planning Commission meeting.
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Clarify where Community Facilities that are public, non-profit or charitable in nature may locate to provide education, training and counseling services
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17-25 |
1744(3) |
Office, Administrative and Professional (3) Other Office uses for businesses that primarily provide administrative, consulting or other professional services that do not include construction space or equipment/storage yards. This use includes Community Facilities that are public, non-profit or charitable in nature and provide education, training and counseling services.
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The proposed revisions provide specific text for the issues identified to the Commission in the June 26th meeting. These revisions, for the most part, clarify where uses are permitted or provide more detail to the original code language.
The additional definitions for owner, occupant and owner-occupied are currently under review by the City’s Legal Staff and will be provided for consideration at the August meeting. Revision to the definition or inclusion of additional terms will be proposed to assist in the implementation of the owner-occupancy requirement associated with the Accessory Dwelling Units provision. Consideration of these definitions will move forward to the City Commission along with TA-03-02D-06 amending Section 20-534 which was deferred by the governing body to allow time to address the definitional questions raised.
Additional revisions to Chapter 20 that have been identified since the June 26th meeting are outlined in Item 7B: TA-06-04-06. Those changes are provided for consideration at a future meeting.
STAFF RECOMMENDATION: Planning Staff recommends approval of the proposed text amendments [TA-05-03B-06] and forwarding them to the City Commission with a recommendation for approval.