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PLANNING COMMISSION REPORT Regular Agenda -- Public Hearing Item |
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ITEM NO. 10: TEXT AMENDMENT TO CHAPTER 20 DEVELOPMENT CODE (JCR)
TA-10-11-06: 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-10-11-06] to Articles 4, 5, 6, 9, 10, 13 and 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-10-11-06 represents specific amendments to various articles as outlined in the following table. These revisions were initiated by the Planning Commission at the November 15, 2006 meeting. |
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RELEVANT GOLDEN FACTOR:
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING
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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.
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-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. TA-03-02D-06 was approved by the City Commission on October 10th.
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 considered TA-03-02G-06 at their August 22nd meeting and following discussion, deferred the item until a later date in order for related text amendments (TA-07-05-06 and CPA-2006-02) to be considered by the Planning Commission.
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. Ordinance No. 8039 was approved on first reading on October 10th.
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. Ordinance No. 8040 was approved on first reading on October 10th.
TA-06-04-06 which amends Articles 2, 4, 5, 9, 13, 14 and 17 was recommended for approval by the Planning Commission at the August 30th meeting and was approved by the City Commission on October 10th.
TA-07-06-06 which amends Articles 4, 5, 9, 13, 15 and 17 was recommended for approval by the Planning Commission at the September 25th meeting and was approved by the City Commission on October 17th.
TA-09-09A-06 which amends Articles 2 related to street access standards was recommended for approval by the Planning Commission at the October 23rd meeting and was approved by the City Commission on November 14th. The Planning Commission deferred a proposed amendment to Article 5 related to methods of creation of an accessory dwelling unit for further research by staff which has been given the case file number TA-09-09B-06.
TA-10-10-06 which amends Articles 4, 5, 9, 10 and 13 and TA-10-12-06 which amends Articles 4, 5 and 17 were recommended for approval by the Planning Commission at the November 15th meeting and both are scheduled for the December 5th City Commission meeting.
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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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Unknown |
Unknown |
Explore methods to permit temporary uses/events for non-profit agencies and organizations (Initiated: September 2006 with TA-09-09-06)
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Legal Services is continuing to study this issue.
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Article 1. Introductory Provisions |
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Article 2. Base Districts |
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Article 3. Overlay Zoning Districts |
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Article 4. Use Table |
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4-11 |
403 |
Amend Nonresidential District Use Table to add Exterior Storage as a permitted accessory use (with standards) to the CN2, CC, CR, CS, IBP, IL, IG, GPI and H Districts (Initiated: September 2006 with TA-09-09-06)
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Staff is continuing to study this issue. Language for this provision is being drafted and tested for accuracy and applicability prior to adoption. (Related to Amendment to add Sec. 538 and to 1006(c))
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Article 5. Use Regulations |
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5-30 |
534(2)(iii) |
Methods of creation of an Accessory Dwelling Unit by converting an attached garage (Initiated: September 2006 with TA-09-09-06)
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This item had public hearing at the October 23 Planning Commission meeting. The Commission deferred the particular amendment and directed staff to research the subject and come back to the Planning Commission at a later date with revised language and research results. Staff is continuing to study this issue.
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5-38 |
538 |
Add section 538 to Article 5 Use Regulations that provides the standards which apply to Exterior Storage, an accessory use (with standards) permitted in certain zoning districts (see table above) (Initiated: September 2006 with TA-09-09-06)
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Staff is continuing to study this issue. Language for this provision is being drafted and tested for accuracy and applicability prior to adoption. (Related to Amendment to add Sec. 403 and to 1006(c))
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Article 6. Density and Dimensional Standards |
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6-1 |
601(a) |
Modify the Residential District Density and Dimensional Standards Table to include the RM12D (Multi-Dwelling Residential District - Duplex) (Initiated: November 2006 with TA-10-11-06)
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The RM12D District is differentiated from the RM12 District in that it permits only duplex building types which is why it may have been left out of this table. However, without being included in this table it is unclear what the standards in RM12D are. The district should be added to the table to provide clarity and eliminate any question as to what the standards are. (See table below)
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6-2 |
601(a) |
Reference to [4] in the Residential Districts Density and Dimensional Standards Table seems unclear (Initiated: November 2006 with TA-10-11-06)
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The footnote [4] states “Applies only to Lots platted after the Effective Date.” It does not direct us where to look for lots platted before the effective date. Must be clarified. (Staff is continuing to work on this)
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6-1 |
601(a) |
Reference to [5] in the Residential Districts Density and Dimensional Standards Tables seems unclear (Initiated: November 2006 with TA-10-11-06)
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The footnote [5] appears throughout the table in reference to minimum setback requirements. The footnote states: “Additional Setback restrictions apply to properties developed adjacent to RS zoned properties.” It is not clear what the additional setback restrictions are. Additional language must be added to this footnote that elaborates on what the additional restrictions are or references a section of the code that states the additional restrictions. (See table below)
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6-2 |
601(b) |
Reference to [5] in the Nonresidential Districts Density and Dimensional Standards Table seems unclear (Initiated: November 2006 with TA-10-11-06)
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The footnote [5] states “Applies only to Lots platted after the Effective Date.” It does not direct us where to look for lots platted before the effective date. Must be clarified. (Staff is continuing to work on this)
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6-2 |
601(b) |
Reference to [9] in the Nonresidential Districts Density and Dimensional Standards Table seems unclear (Initiated: November 2006 with TA-10-11-06)
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The footnote [9] appears throughout the table in reference to minimum setback requirements. The footnote states: “Additional Setback restrictions apply to properties developed adjacent to RS zoned properties.” It is not clear what the additional setback restrictions are. Additional language must be added to this footnote that elaborates on what the additional restrictions are or references a section of the code that states the additional restrictions. (See table below)
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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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Unknown |
Unknown |
Clarify where boats, motor homes and campers can be located in residential districts. (Initiated: July 2006 with TA-06-04-06)
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Staff is continuing to work on this issue.
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9-11 |
908(c) |
Correct reference to “Sec. O” within the (Initiated: October 2006 with TA-10-10-06)
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See table below.
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Article 10. Landscaping and Screening |
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10-9 |
1006(c) |
Add subsection C to the Additional Screening Requirements section to provide language for the screening of exterior storage (related to amendments in articles 4 and 5 discussed aboved) (Initiated: October 2006 with TA-10-10-06)
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Staff is continuing to study this issue. Language for this provision is being drafted and tested for accuracy and applicability prior to adoption. (Related to Amendment to add Sec. 403 and to 538)
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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 Procedures |
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13-8 |
1301(q)(1) and (4) |
Revise the content requirements for public notification for public hearing items (Initiated: November 2006 with TA-10-11-06)
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The language within this subsection specifies what the content of all public notices shall contain including (1) the date, time and place of the public hearing or date of action that is subject of the notice, (2) describe the property in the application by street address or by general description, (3) describe the nature and scope and purpose of the application or proposal, and (4) indicate where additional information may be obtained. While this amount of detail may be necessary for mailed or newspaper notice, in staff’s opinion it is not necessary for posted sign notice. This amount of information on a posted sign is often too cluttered to be legible from a distance and often times does not resolve any curiosities or questions one might have after noticing the sign. Due to this, staff is researching other methods of posted sign notification that are more clear and legible to the passer-by from a distance and will propose such language at the public hearing for this proposed amendment. For these reasons, staff suggests that the content required for mailed and newspaper notice remain as is, with an exception for posted notice.
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13-32 |
1305(b) and (c) |
Clarify when site plan review is required and what types of development are exempt from site plan review (Initiated: July 2006 with TA-06-04-06)
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For the purposes of clarification, site plan review is proposed to be divided into two types of site plans, Major and Minor Site Plans. Under the current regulations, any development meeting the criteria listed in 20-1305(b) is required to gain full site plan approval, including a minimum 20 day review period and Public Notice procedures. Changes in use to less intense uses and amendments to site plans to reflect minor modifications are currently required to be reviewed this way. Additionally, the current language states that a rezoning requires site plan review. However, a rezoning does not necessarily accompany a development proposal therefore requiring site plan review is inappropriate. Any development meeting the criteria listed in 20-1305(b)(1) below will require site plan review. A change in use to a less intense use should not be subject to the existing site plan review requirements and public notice procedures so as not to discourage reuse of vacant space. Under the proposed regulations, a change in use to a less intense use will only be required to provide verification that the proposed use is permitted by the zoning district and that sufficient parking is available. In general, any site plan proposal that does not meet the criteria of Section 20-1305(b)(1), as proposed, is considered a Minor Site Plan and will be subject to the review standards of 20-1305(b)(2).
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20-1305 Site Plan Review
(a) Purpose The purpose of requiring Site Plan Review and approval is to ensure compliance with the standards of 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.
For the purposes of this section, a change of use to a less intense use shall mean a change in use of a site or structure where the new or modified use has a lower parking requirement than the former use by this Development Code, or that the operational characteristics of the proposed new use are such that they may generate less activity on the site, or may result in decrease in the number of days or hours of operation of the site.
(b) Applicability In any Zoning District, except as expressly exempted below in Section 20-1305(c), an approved site plan shall be required for:
(1) Minor Site Plans An administrative review procedure required for any development proposing the minor modification of a site which does not meet the criteria for a Standard Site Plan or Major Site Plan, or the change in use to a less intense use on a site which has an approved site plan on file with the Planning Office.
a. Eligibility Only sites which have an existing approved site plan on file are eligible for review as a Minor Site Plan.
b. Requirements of the Site Plan 1. An amendment to the approved site plan depicting the proposed modification or improvements; and 2. Verification that the use is permitted by zoning; and 3. Verification that adequate parking is available.
c. Public Notice The public notice procedures of Section 21-1305(g) are not applicable.
d. Compliance with City Codes 1. Only those improvements or modifications proposed and approved by Minor Site Plan review are required to be compliant with the standards of this Development Code and/or the Commercial Design Standards. 2. Other features of the site are not required to become compliant with all standards of this Development Code and/or the Commercial Design Standards other than those standards which are deemed necessary, by the Planning Director, to ensure the welfare, safety and health of the public and/or user of the site.
(2) Standard Site Plans An administrative review procedure required for any development proposing the modification of a site which does not have an approved site plan on file with the Planning Office, or a change in use on a site with an approved site plan on file with the Planning Office which meets the following criteria or proposes the following: 1. A modification to a site which alters the parking lots, drive aisles, or impacts on-site pedestrian and vehicular circulation and traffic patterns; or 2. A development in commercial zoning districts including redevelopment or modifications to the exterior style, design or material type of a structure that is subject to the Commercial Design Standards; or 3. An outdoor dining use in the CD and CN1 zoning districts and any outdoor dining use located in any other zoning district that would result in an increase of the number of parking spaces required; or 4. The construction of one or more new buildings with a gross floor area of 1,499 square feet or less when such development would result in an increase of the number of parking spaces required; or 5. The construction of additions with a gross floor area of 1,499 square feet or less, or less than twenty percent (20%) of the existing building when such an addition would result in an increase of the number of parking spaces required; or 6. The installation or addition of less than 1,499 square feet of impervious site coverage.
a. Eligibility 1. A change in use to a more intense use shall be reviewed as a Standard Site Plan. 2. A change in use to a less intense use on a site without an approved site plan on file with the Planning Office shall be reviewed as a Standard Site Plan. 3. A minor modification to a site without an approved site plan on file with the Planning Office, which may otherwise be reviewed as a Minor Site Plan, shall be reviewed as a Standard Site Plan.
b. Requirements 1. Sites without an existing approved site plan must submit a site plan meeting all the specifications of Section 20-1305(f). 2. Sites with an approved site plan may amend the existing plan if determined appropriate by the Planning Director.
c. Public Notice The public notice procedures of Section 20-1305(g) are applicable.
d. Compliance with City Codes 1. Those improvements or modifications proposed and approved by Standard Site Plan review are required to be compliant with the standards of this Development Code and/or the Commercial Design Standards. 2. Other features of the site may required to become compliant with all standards of this Development Code and/or the Commercial Design Standards as determined by the Planning Director in order to ensure the welfare, safety and health of the public and/or user of the site. 3. Any Standard Site Plan which proposes development in commercial zoning districts which include the redevelopment of or modifications to the exterior style, design or material type of a structure is subject to the applicable regulations of the Commercial Design Standards.
(3) Major Site Plans In any Zoning District, except as expressly exempted below in Section 20-1305(c), an approved site plan in compliance with all standards of this Development Code shall be required for: 1. Any modification to a site that significantly alters parking lots, drive aisles, or impacts on-site pedestrian and vehicular circulation and traffic patterns, that the Planning Director determines to be significant; or 2. Any Significant Development Project;
defined as: (1) The
construction of one or more new Buildings with a gross Floor Area of 1,500 square feet or more; (2) The
construction of additions
a. Eligibility Sites with or without an approved site plan which meet the criteria set forth above are eligible for review as a Major Site Plan.
b. Requirements Submitted site plans shall meet all the specifications of Section 20-1305(f).
c. Public Notice The public notice procedures of Section 20-1305(g) are applicable.
d. Compliance with City Codes Full compliance with all City Codes including this Development Code and the Commercial Design Standards is required, unless otherwise determined by the Planning Director.
(c) Exemptions The following are expressly exempt from the Site Plan Review procedures of this section: (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 four (4) Dwelling Units or more, Site Plan Review is required; (2) changes to developments for which plans have been reviewed and approved pursuant to the Special Use or Planned Development procedures of this Development Code. This provision is intended to clarify that Site Plan Review is not be required for projects that have received equivalent review through other Development Code procedures;
(4) changes expressly exempted from Site Plan Review process by the underlying Zoning District; (5) changes that could be considered ordinary maintenance, and which do not change the exterior style, design, or material type; or (6) changes otherwise exempted from Site Plan Review by state or federal law.
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13-37 |
1305(m)(1) |
Eliminate the provision that requires newspaper notification (Initiated: November 2006 with TA-10-11-06)
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Newspaper notification is not required for the initial notification of a site plan application, it should not then be required for an appeal to a site plan decision.
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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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17-14 |
1701 |
Clarify the defintion for Significant Development Project (Initiated: July 2006 with TA-06-04-06)
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See table below. |
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17-14 |
1701 |
Add the term Site Plan, Major to the list of defined terms to correspond to amendments to Section 1305, Site Plan Review (Initiated: July 2006 with TA-06-04-06)
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See table below. |
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17-14 |
1701 |
Add the term Site Plan, Minor to the list of defined terms to correspond to amendments to Section 1305, Site Plan Review (Initiated: July 2006 with TA-06-04-06)
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See table below. |
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17-14 |
1701 |
Add the term Site Plan, Standard to the list of defined terms to correspond to amendments to Section 1305, Site Plan Review (Initiated: July 2006 with TA-06-04-06)
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See table below. |
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