PLANNING COMMISSION REPORT

Regular Agenda -- Public Hearing  Item

 

PC Staff Report

08/30/06

ITEM NO. 17:            TEXT AMENDMENT TO CHAPTER 20 DEVELOPMENT CODE (SMS/JCR)

 

TA-06-04-06:  Consider revisions to Chapter 20, Development Code to correct inconsistencies identified since originally updated.  Initiated by the Planning Commission at the July 26th meeting.

 

 

RECOMMENDATION:  Staff recommends the Planning Commission forward a recommendation for approval of the proposed revisions [TA-06-04-06] to Articles 2, 4, 5, 9, 13, 14 & 17 of the “Development Code, July 1, 2006 Edition,” to the City Commission. 

 

Planning Staff does not recommend a change to the definition of ‘owner’ currently in the Development Code nor the addition of a definition of the term ‘occupant’.

 

 

 

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-06-04-06 represents specific amendments to various articles as outlined in the following table. These revisions were initiated by the Planning Commission at their July 24th and 26th meetings.

 

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.

 

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

 

  • 06/06/06 letter from Bill Mitchell regarding the need to amend Article 17 to provide a definition of ‘owner’ or ‘owner-occupied’ to assist in the enforcement of use of Accessory Dwelling Units.
  • 08/14/06 memo from Toni Ramirez Wheeler, Staff Attorney regarding definitions for ‘owner’

 

 

 

 

Staff Report / SUMMARY OF RECENT ACTIONS

 

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.  Additional discussion of this issue is provided later in this report.  This text amendment will be on hold until a determination on definitions 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 was approved for consideration by the City Commission on July 25th.  An ordinance is pending for first and second reading.

TA-05-03B-06 which amends Articles 2, 4, 5, 6, 9, & 17 of the Development Code was recommended for approval by the Planning Commission on July 24th and approved by the City Commission on August 15th.  An ordinance is pending for first and second reading.

 

 

 

OVERVIEW OF REVISIONS PROPOSED

  • TA-06-04-06:  A table of clarifying text/corrections is provided to further clarify the July 1, 2006 Edition.  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.  Staff recommends that these proposed revisions be considered during this month’s public hearing.  

 

 

 

 

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.

 

Pg. No.

 

Section No.

20 -

Recommended Text Change

Article 1. Introductory Provisions

 

 

Add effective date of adoption of Development Code.

1-4

108(a)

 

The boundaries of the Zoning Districts established by this Development Code are shown on a map or series of maps designated the “Official Zoning District Map” [insert Effective Date of Code] [July 1, 2006], and as amended from time to time.  The Official Zoning District Map, including all notations, references, data and other information shown on the Official Zoning District Map, is adopted and made a part of this Development Code.  The Official Zoning District Map shall be maintained by the Planning Director, in accordance with K.S.A. 12-753.  In the case of any dispute regarding the zoning classification of property subject to this Development Code, the original maps maintained by the Planning Director shall govern.  The Planning Director is responsible for producing all updates of the Official Zoning District Map.

 

 

 

Add U-Kansas University to the U-University row.

1-7

110(e)

 

Special Purpose Base Districts:

U/U-KU

 

Article 2. Base Districts

 

 

Add U-Kansas University and U-University to Districts Established table.

2-5

201(b)

University/University-Kansas University   U/U-KU

 

 

 

Replace “subsection” with “section”

2-10

205(g)(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 section; provided, that the demolition and replacement or enlargement is executed in accordance with this Development Code.

 

 

 

add reference to commercial standards and guidelines

2-12

 

207(d) (CN1)

 

(d) Density and Dimensional Standards

Unless otherwise expressly stated below, all development in CN1 Districts shall comply with the City’s Comprehensive Land Use Plan, Commercial Design Standards and Guidelines, and the Density and Dimensional Standards of Article 6.

 

2-14

208(d) (CN2)

(d) Density and Dimensional Standards

Unless otherwise expressly stated below, all development in CN2 Districts shall comply with the City’s Comprehensive Land Use Plan, Commercial Design Standards and Guidelines, and the Density and Dimensional Standards of Article 6.

2-14

209(d) (CO)

(d) Density and Dimensional Standards

Unless otherwise expressly stated below, all development in CO Districts shall comply with the City’s Comprehensive Land Use Plan, Commercial Design Standards and Guidelines, and the Density and Dimensional Standards of Article 6.

 

2-19

212(d) (CR)

 

(d) Density and Dimensional Standards

Unless otherwise expressly stated below, all development in CR Districts shall comply with the City’s Comprehensive Land Use Plan, Commercial Design Standards and Guidelines, and the Density and Dimensional Standards of Article 6.

2-20

213(d) (CS)

(d) Density and Dimensional Standards

Unless otherwise expressly stated below, all development in CS Districts shall comply with the City’s Comprehensive Land Use Plan, Commercial Design Standards and Guidelines, and the Density and Dimensional Standards of Article 6.

 

 

 

clarify that lot access shall be taken from internal roads, not directly from arterial roads.

2-22

214(e)

The IBP District is intended for implementation along Arterial Streets.  Lot access shall be taken from internal roads and not directly from the arterial street, wherever possible.

 

2-23

215(e)

Staff is continuing to work on this.

 

2-24

216(e)

Staff is continuing to work on this.

 

2-25

217(e)

Staff is continuing to work on this.

 

Article 3. Overlay Zoning Districts

 

 

Delete reference to “tree”

3-6

302(i)(6)

Any permit or variance granted may, if such action is deemed advisable to effectuate the purposes of this section and be reasonable in the circumstances, be so conditioned as to require the Owner of the Structure or tree in question to permit the City of Lawrence, at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicated to flyers the presence of an Airport Hazard.

 

3-7

302(k)

In the event of conflict between the Airspace Overlay District regulations and any other regulations applicable to the same area, whether the conflict be with respect to the Height of Structures or trees, use of land, or any other matter, and whether such regulations were adopted by the City of Lawrence or any other unit of local government, the more stringent limitation or requirements as to Airport Hazards will govern and prevail.

 

 

 

 

 

clarify the section by deleting the final sentence of the section.

3-7

304

Historic Districts designated in accordance with the provisions of Chapter 22 of the City Code shall be submitted to the Planning Commission as a recommended Zoning Map Amendment and processed in accordance with Sec. 20-1303.  If approved by the City Commission, the HD Overlay District shall be shown on the Official Zoning District Map with the symbol “- HD” and shall be governed by the relevant provisions of Chapter 22.  If the proposed Zoning Map Amendment is not approved by the City Commission, then it shall be considered a recommendation which may be noted on the files but which shall not be shown on the Official Zoning Map.

 

Article 4. Use Table

 

 

correct terminology to be consistent with previous text amendment approved in april.

4-4

402

Replace Soup Kitchen with Community Meal Program

 

 

 

Delete Repair Service, Consumer and Retail Sales, General from the RSO use table.

4-5

402

Repair Service, Consumer             P

Retail Sales, General                    P

 

 

 

correct terminology to be consistent with previous text amendment approved in april.

4-9

403

Replace Transient Shelter with Homeless or Transient Shelter

 

4-9

403

Replace Soup Kitchen with Community Meal Program

 

Article 5. Use Regulations

 

 

Clarify standards for the size of accessory structures allowed.

5-29

533(4)(i)

Staff is continuing to work on this issue.

 

 

 

Clarify regulations regarding garage sales in residential districts.  Habitual garage sales is an on-going enforcement issue.

5-35

537(5)(ii)

Prohibited Uses

(a) Any type of repair or assembly of vehicles or equipment with internal combustion engines (such as autos, motorcycles, scooters, snowmobiles, outboard marine engines, lawnmowers, chain saws, and other small engines) or of large appliances (such as washing machines, dryers, and refrigerators) or any other work related to vehicles and their parts is prohibited.

(b) Home Occupations may not serve as headquarters or dispatch centers where employees come to the site and are dispatched to other locations.

(c) Funeral and Interment Services are not allowed as Home Occupations.

(d) Animal Services are not allowed as Home Occupations.

(e) Restaurants are not allowed as Home Occupations; catering for off-premise consumption is not prohibited.

(f) A Type B Home Occupation is prohibited on a Lot where an Accessory Dwelling Unit exists.

(g) More than two garage sales within a calendar year is a prohibited use.

 

Article 6. Density and Dimensional Standards

Article 7. Planned Development Districts

Article 8. Subdivision Design and Improvement Regulations <<Reserved>>

Article 9. Parking, Loading and Access

 

 

Correct reference

9-2

901(b)(1)

The standards of this section shall apply to all new development and to existing development that is modified to the extent that it includes uses or buildings that were not specifically shown on previously approved plans, except as provided in subsection (e) (f) of this section.  All off-street parking areas established by this section shall be continuously maintained according to the standards of this subsection.

 

 

 

Clarify where boats, motor homes and campers can be located in residential districts.

 

 

Staff is continuing to work on this issue.

 

Article 10. Landscaping and Screening

Article 11. General Development Standards

Article 12. Floodplain Management Regulations

Article 13. Development Review Regulations

 

 

Add reference to commercial standards and guidelines

13-32

1305(a)

The purpose of requiring Site Plan Review and approval is to ensure compliance with this Development Code prior to the commencement of Development Activity and to encourage the compatible arrangement of Buildings, off-street Parking, lighting, Landscaping, pedestrian walkways and sidewalks, ingress and egress, and drainage on the site and from the site, any or all of these, in a manner that will promote safety and convenience for the public and will preserve property values of surrounding properties.  Site plans for commercial development shall comply with the Commercial Design Standards and Guidelines adopted by the City Commission on July 25, 2006 by Resolution No. 6669.

 

 

 

Clarify when site plan review is required

13-32

1305(b)(1)

Staff is continuing to work on this issue.

 

 

 

Correct combined total of units that are exempt from site plan review

13-33

1305(c)(1)

changes to single-family houses, detached dwellings and duplexes, as well as site improvements on lots containing detached dwellings and duplexes.  However, if such types of dwellings are designed to form a complex having an area of common usage, such as a parking area or private recreational area, and such complex contains a combined total of eight (8) four (4) dwelling units or more, Site Plan Review is required;

 

13-33

1305(c)(5)

changes that could be considered ordinary maintenance, and which do not change the exterior color, style, design, or material type; or

 

Article 14. Boards and Commissions

 

 

Correct terminology

14-5

1402(f)

(f) Powers and Duties of the Board of Zoning Appeals

The Board of Zoning Appeals shall administer the details of appeals from the provisions of this article chapter, (except for the provisions of Article 7 and 8) or other matters referred to it regarding the application of this article as hereinafter provided.  In exercising these powers, the Board of Zoning Appeals, in conformity with the provisions of this article chapter, may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken, and attach appropriate conditions, and may issue or direct the issuance of a permit.

 

Article 15. Nonconformities

Article 16. Violation, Penalties and Enforcement

Article 17. Terminology

 

 

Correct reference

17-10

1701

(Manufactured Home)

Any structure that is manufactured to the standards embodied in the National Manufactured Home Construction and Safety Standards (generally known as the HUD Code) established in 1976 pursuant to 42 U.S.C. Sec. 5403. but does not comply with the standards and provisions of Section 20-501(m) Section 20-513.

 

 

 

Correct reference

17-21

1725

Entertainment and Spectator Sports

Provision of cultural, entertainment, athletic, and other events to spectators.  Also includes events involving social or fraternal gatherings.  For participant sports, see Sec. 20-1764 20-1762.  The following are spectator sports and entertainment use types:

 

 

 

The proposed revisions provide specific text for the issues identified to the Commission in the July 24th and 26th meeting.  These revisions, for the most part, clarify where uses are permitted or provide more detail to the original code language. 

 

 

Request from public for revisions/additions to terminology regarding owner and owner-occupancy:

 

As Mr. Mitchell provides in his attached letter, he has concerns regarding the strength of the current definition in the Development Code for the term ‘owner’ in regard to the requirement that one of the units on a lot be owner-occupied when an Accessory Dwelling Unit is developed.  Mr. Mitchell raised this concern when the City Commission first considered TA-03-02D-06, revisions to 20-534 regarding Accessory Dwelling Units.  The City Commission deferred the amendment to provide an opportunity to further examine the issues raised.

 

The existing definition in the Development Code is Owner – An individual, association, partnership or corporation having legal or equitable title to land other than legal title held only for the purpose of security.  For the purpose of notice, the Owner may be determined using the latest Douglas County Appraiser’s assessment roll.

 

Planning Staff requested the City Legal Services Department to review the following proposed definitions and to provide a recommendation related to this portion of the proposed text amendment.  Mr. Mitchell suggested the following definitions which were developed by Jerry Cooley for the West Hills covenants. 

 

 

 

The attached 08/14/06 memo from Toni Ramirez Wheeler, Staff Attorney indicates that Legal Staff reviewed the proposed definitions and definitions of the terms from other communities’ zoning codes and has determined that no change should be made to the current Development Code definition of ‘owner’ and no additional text amendments should be made regarding terminology for this issue at this time.

 

Consideration of the Planning Commission’s recommendation regarding the proposed 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 July 26th meeting are outlined in Item 21:  TA-07-06-06.  Those changes are provided for initiation and consideration at a future meeting.

 

STAFF RECOMMENDATION:  Planning Staff recommends approval of the proposed text amendments [TA-06-04-06] to Articles 2, 4, 5, 9, 13, 14 & 17 and forwarding them to the City Commission with a recommendation for approval.

 

Planning Staff does not recommend a change to the definition of ‘owner’ currently in the Development Code nor the addition of a definition of the term ‘occupant’.