TA-05-03A-06
ORDINANCE NO. 8039
AN ORDINANCE AMENDING SECTION 20-701(f) “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, AS ADOPTED BY ORDINANCE NO. 7985, REFERENCED AS THE “DEVELOPMENT CODE, JULY 1, 2006 EDITION”.
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 which became effective July 1, 2006; and
WHEREAS, after due and lawful notice and hearing, the Lawrence-Douglas County Metropolitan Planning Commission on April 19, 2006, initiated the Text Amendment TA-05-03a-06 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 and hearing, the Lawrence-Douglas County Metropolitan Planning Commission on June 28, 2006, adopted the Text Amendment TA-05-03a-06; 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 July 25, 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(f) 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, and known as the “Development Code, July 1, 2006 edition” is hereby amended to read as follows:
Section 20-701 (f) is amended to read as follows:
20-701 PD, Planned Development Overlay District
As a condition of approval, the Planning Commission or City Commission may designate by ordinance or as a note on the face of the development plan, any specific use, structure or building type which shall be restricted and excluded as part of the Planned Development Overlay District. 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 perDwelling 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.
(2) Lot Size
The minimum Lot size standards of the Base District may be reduced by the City Commission, provided that Lot sizes shall be adequate to safely accommodate all proposed Buildings and site features.
(3) Residential Density
The City Commission may increase the maximum Net Density beyond that of the Base District by up to 25% if the City Commission determines that such an increase is warranted to support the public benefit likely to result from the proposed development.
(4) Setbacks
The minimum Setback standards of the Base District may be reduced by the City Commission, provided that:
(i) Buildings located within the PD, and along any District boundary that is adjacent to RS and or RM Zoning Districts shall be Setback a distance at least equal to the Height of the proposed Building; and
(ii) All exterior walls of detached Buildings shall be separated by a minimum distance of 10 feet.
(iii) Balconies shall not be located along peripheral site Setbacks adjacent to RS zoned properties unless privacy Screening and Landscaping is included in the design.
SECTION II. This ordinance shall take effect upon its passage and publication as provided by law.
PASSED by the Governing Body of the City of Lawrence, Kansas, the ____th day of October, 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