|
PLANNING COMMISSION REPORT Regular Agenda -- Public Hearing Item
|
|
ITEM NO. 12: TEXT AMENDMENT TO CHAPTER 20 DEVELOPMENT CODE (JCR)
TA-05-09-07: 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. |
|
RECOMMENDATION: Staff recommends the Planning Commission forward a recommendation for approval of the proposed revisions [TA-05-09-07] to Article 6 of the “Development Code, July 1, 2006 Edition,” to the City Commission. |
|
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-05-09-07 represents specific amendments to various articles as outlined in the following table. These revisions were initiated by the Planning Commission at the December 18, 2006 meeting. |
|
RELEVANT GOLDEN FACTOR:
|
|
PUBLIC COMMENT RECEIVED PRIOR TO PRINTING
|
ACTIONS BEFORE JULY 1, 2006
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 22, 2006 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.
Ordinances 8013 through 8019 were adopted on second reading on June 27, 2006. These ordinances amend the development code to include all revisions approved to date.
SUMMARY OF TEXT AMENDMENTS INITIATED OR APPROVED SINCE JULY 1, 2006
On April 19, 2006, the Planning Commission recommended approval of a series of amendments [TA-03-02A-06 through TA-03-02I-06]. The City Commission approved all the recommended amendments on May 16, 2006 except TA-03-02D-06 and TA-03-02G-06.
TA-03-02D-06, proposed revisions to Section 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 10, 2006.
TA-03-02G-06 was deferred until after the CC/PC study session on June 14, 2006 regarding the Retail Market Impact Analysis. The City Commission considered TA-03-02G-06 at their August 22, 2006 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 City Commission. The City Commission has not considered this item as of this date.
TA-05-03A-06 which amends Section 20-701(f), was recommended for approval by the Planning Commission on June 26, 2006 and approved by the City Commission on August 15, 2006. Ordinance No. 8039 was approved on first reading on October 10th. This amendment was approved by the City Commission after July 1, 2006 and therefore was not published with the original Development Code.
TA-05-03B-06 which amends Articles 2, 4, 5, 6, 9, & 17 of the Development Code was initiated by the Planning Commission on June 26, 2006 and revised language was recommended for approval by the Planning Commission on July 24, 2006 and approved by the City Commission on August 15, 2006. Ordinance No. 8040 was approved on first reading by the City Commission on October 10th. This amendment was approved by the City Commission after July 1, 2006 and therefore was not published with the original Development Code.
TA-06-04-06 which amends Articles 2, 4, 5, 9, 13, 14 and 17 was initiated by the Planning Commission on July 26, 2006 and revised language was recommended for approval by the Planning Commission at the August 30, 2006 meeting and was approved by the City Commission on October 10, 2006. An ordinance has not been adopted and published for these amendments as of this date.
TA-07-06-06 which amends Articles 4, 5, 9, 13, 15 and 17 was initiated by the Planning Commission on August 30, 2006 and revised language was recommended for approval by the Planning Commission at the September 25, 2006 meeting and was approved by the City Commission on October 17, 2006. An ordinance has not been adopted and published for these amendments as of this date.
TA-09-09-06 which amends Articles 2 and 5 of the Development Code was initiated by the Planning Commission on September 25, 2006. At the October 23, 2006 Planning Commission meeting the Commission deferred the proposed amendments to Article 5 which pertained to the methods of creation of Accessory Dwelling Units for further research by staff. This amendment was split from the proposed amendment to Article 2 and given case file number TA-09-09B-06. The remaining amendment to Article 2 was given case file number TA-09-09A-06 which was recommended for approval by the Planning Commission at the same meeting (October 23, 2006). The City Commission approved TA-09-09A-06 on November 14, 2006. An ordinance has not been adopted or published for the approved amendments to Article 2 as of this date. Revised language for TA-09-09B-06 has not been prepared and presented to the Planning Commission as of this date.
TA-10-10-06 which amends Articles 4, 5, 9, 10 and 13 was initiated by the Planning Commission on October 23, 2006. Revised language was recommended for approval by the Planning Commission on November 15, 2006 and was approved by the City Commission on December 5, 2006. An ordinance has not been adopted and published for these amendments as of this date.
TA-10-11-06 which amends Articles 4, 5, 6, 9, 10, 13 and 17 was initiated by the Planning Commission on November 15, 2006 and revised language was recommended for approval at the December 18, 2006 Planning Commission meeting with direction from the Commission to re-organize and modify the language pertaining to Site Plan Review in Article 13 consistent with what was discussed by Planning Commissioners according to the minutes of the meeting. Staff has made the recommended language changes and is preparing to forward them to the City Commission for final approval.
TA-10-12-06 amended Articles 4, 5, and 17 to create Private Dining Facilities approved through a Special Use Permit was initiated by the City Commission on October 17, 2006 and new language was recommended for approval by the Planning Commission on November 15, 2006 and approved by the City Commission on December 5, 2006. Ordinance 8061 was approved on second reading by the City Commission on December 26, 2006.
TA-11-13-06 which amended the Subdivision Regulations of Article 8, Development Code, was initiated by the Planning Commission on November 15, 2006 and revised language was recommended for approval by the Planning Commission on March 28, 2007 and approved by the City Commission on April 17, 2007 and by the Board of County Commissioners on April 30, 2007. An ordinance has not be adopted and published for these amendments as of this date.
TA-12-14-06 which amended Article 17 of the Development Code was initiated by the Planning Commission on December 18, 2006 and revised language was recommended for approval by the Planning Commission on January 22, 2007 and was approved by the City Commission on February 13, 2007. An ordinance has not been adopted and published for these amendments as of this date.
TA-01-01-07 which amends Article 6 of the Development Code was initiated by the Planning Commission on January 22, 2007 and revised language was recommended for approval by the Planning Commission on April 25, 2007 and is tentatively scheduled for the May 22, 2007 City Commission meeting.
TA-03-02-07 which amends Articles 3, 4, 5, 10, 11, 15, and 17 of the Development Code was initiated by the Planning Commission on March 28, 2007 and revised language was recommended for approval by the Planning Commission on April 25, 2007 and is tentatively scheduled for the May 22, 2007 City Commission meeting.
TA-03-03-07 which amends the Subdivision Regulations of Article 8, Development Code and the Douglas County Zoning Regulations to incorporate Source Water Protection Zones (at the request of the City of Eudora) was initiated by the Planning Commission on April 25, 2007. A public hearing is scheduled for the June 2007 Planning Commission meeting.
TA-04-04-07 which amends the Subdivision Regulations of Article 8, Development Code, was initiated by the Planning Commission on April 23, 2007. This amendment was identified and proposed by a member of the public. This proposed amendment has been addressed as item #9 on this Planning Commission agenda.
TA-04-05-07 which amends Articles 2, 4, 5, 6, 9, 10, 11, and 17 of the Development Code to create a Mixed Use zoning district was initiated by the Planning Commission on April 23, 2007. Proposed language will be drafted and presented to the Planning Commission for a public hearing at a later date.
TA-04-06-07 which amends Articles 6 and 9 of the Douglas County Zoning Regulations to modify standards related to firework sales throughout Douglas County was initiated by the County Commission on April 16, 2007. This proposed amendment has been addressed as item #11 on this Planning Commission agenda.
The City’s staff attorney is working with Planning Staff to create a “Booklet of Amendments” so that all amendments approved since October 10, 2006 may be adopted “by reference”. In other words, one ordinance would reference a booklet of all amendments which the City Commission has approved since October 10, 2006.
|
OVERVIEW OF REVISIONS PROPOSED Revised language has been drafted for three individual amendments and is presented in the Staff Report. Sections 601(a), the Residential District Density and Dimensional Standards Table, and Sections 601(b), the Nonresidential District Density and Dimensional Standards Table have been amended as shown. The specific amendments to these tables are discussed in greater detail below. Additionally, revised language is provided for Section 602(e)(6)(vii). · Section 20-601(a): The revised language proposes amending Footnote [4] below the table. The current language states that Maximum Building Coverage and Maximum Impervious Coverage standards apply only to lots platted after July 1, 2006. However, these standards should apply to any improvement to a property which increases the building coverage or impervious coverage. The previous zoning code did not have Maximum Building Coverage or Maximum Impervious Coverage standards. If these standards apply only to newly platted lots, they will not apply to many redevelopment projects. These standards were created in response to gaps in the previous regulations which often allowed property owners to pave substantial portions of residential lots. · Section 20-601(b): The revised language proposes amending every cell in this table which contains Footnote [5]. This footnote states that the standards contained in each cell apply only to lots platted after July 1, 2006. The problem with this is that it does not provide the reader with the applicable density or dimensional standard for a property platted before July 1, 2006. For instance, what is the front yard setback of a CS-zoned property platted prior to July 1, 2006? This is an error in the table and must be corrected. To correct this, Staff proposes inserting the density and dimensional standards from the previous zoning code to provide standards for all properties as they currently exist and for proposed development, regardless of when platted. Staff chose to use standards from the previous zoning code in order to prevent numerous non-conformities as a result. Footnote [5] will remain applicable to the Minimum Lot Width for CS-zoned properties because if a property is replatted in the CS District the increased lot width is desired. These changes specifically resolve the issues for all of the standards contained within this table with the exception of Maximum Lot Coverage, Maximum Impervious Lot Coverage, and Minimum Outdoor Area per dwelling unit. Because these standards are new standards in the Development Code, it makes sense that they would only apply to lots platted after July 1, 2006, however a property may redevelop without replatting, which creates a loophole from these standards for new development on an existing platted lot. Therefore, Staff proposes adding Footnote [11] which states “Applies to any Significant Development Project” so that any new development which meets the definition of Significant Development Project is required to comply with these standards. · Section 20-602(e)(6)(vii): The revised language for this section will provide clarity and consistency between these regulations and those of the new residential building code. That code requires fencing around swimming pools for security purposes. Staff believes this section should state this requirement as well. · All Other Amendments Identified are those initiated by the Planning Commission previously. They are included in the staff report to provide the status of ongoing staff review of each amendment and for tracking purposes only. |
HOW TO READ THIS REPORT
All amendments identified by Staff and initiated by the Planning Commission are shown in the table below along with a status report of the particular amendment. Amendments for which Staff has prepared new or modified language are shown with the proposed new language in the format of the Development Code.
The table below does not show amendments identified or initiated for Article 8, Subdivisions Regulations. These amendments are presented in separate staff reports because they are required to be approved by the both the City and County Commissions. Amendments to all other Articles of the Development Code are approved by the City Commission only.
This report simply identifies and lists all amendments previously identified by Staff and initiated by the Planning Commission. The table below does not show amendments identified by a member of the public or those identified and initiated by any Governing Body. Such amendments are discussed in separate staff reports.
|
Pg. No.
|
Section No. 20 - |
Recommended Text Change |
|
Article 1. Introductory Provisions |
||
|
Article 2. Base Districts |
||
|
2-30 |
223 |
Create Mixed Use District base district description information in format similar to those of other base districts. (Initiated: April 2007 with TA-04-05-07)
|
|
|
|
A staff committee has been formed to draft regulations creating a Mixed Use zoning district. All of the amendments related to the creation of a MU District will be presented together in a future staff report (TA-04-05-07).
|
|
Article 3. Overlay Zoning Districts |
||
|
Article 4. Use Table |
||
|
4-12 |
404 |
Create new use table for Mixed Use District because such district does not fit into the existing use tables which are described as either Residential District use tables or Nonresidential District use tables. (Initiated: April 2007 with TA-04-05-07)
|
|
|
|
A staff committee has been formed to draft regulations creating a Mixed Use zoning district. All of the amendments related to the creation of a MU District will be presented together in a future staff report (TA-04-05-07).
|
|
Article 5. Use Regulations |
||
|
Throughout Article 5 |
Consider amending use standards for specific uses or adding new use standards for specific uses in the proposed Mixed Use District. Because of the nature of the district, it may be necessary to have specific use standards for certain uses. (Initiated: April 2007 with TA-04-05-07)
|
|
|
|
A staff committee has been formed to draft regulations creating a Mixed Use zoning district. All of the amendments related to the creation of a MU District will be presented together in a future staff report (TA-04-05-07).
|
|
|
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)
|
|
|
|
This item had public hearing at the October 23, 2006 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.
|
|
Article 6. Density and Dimensional Standards |
||
|
6-7 |
602(e)(6) |
Add an exception allowing signs to be located in required yards and setbacks (Initiated: December 2006 with TA-12-14-06)
|
|
|
||
|
Article 7. Planned Development Districts |
||
|
Article 8.Subdivision Design and Improvement Regulations <<Reserved>> |
||
|
Article 9. Parking, Loading and Access |
||
|
Throughout Article 9 |
Consider amendments to various sections of Article 9 to accommodate the proposed Mixed Use District. (Initiated: April 2007 with TA-04-05-07)
|
|
|
|
A staff committee has been formed to draft regulations creating a Mixed Use zoning district. All of the amendments related to the creation of a MU District will be presented together in a future staff report (TA-04-05-07).
|
|
|
Throughout Article 9 |
Clarify where boats, motor homes and campers can be located in residential districts. (Initiated: July 2006 with TA-06-04-06)
|
|
|
|
A Staff committee has been formed to study Article 9. All the amendments proposed for Article 9 (with exception to those related to the proposed MU District) will be presented together in a future staff report.
|
|
|
Throughout Article 9 |
Throughout Article 9, “article” and “section” are often used interchangably. Instances where this occurs should be corrected for clarification. (Initiated: March 2007 with TA-03-02-07)
|
|
|
|
A Staff committee has been formed to study Article 9. All the amendments proposed for Article 9 (with exception to those related to the proposed MU District) will be presented together in a future staff report.
|
|
|
9-4 to 9-7 |
902 |
Reformat the Off-Street Parking Schedule A to resemble the Use Tables of Article 4 to make the parking schedule easier to read and to ensure that all the uses and use groups listed in the Use Tables are provided a parking requirement. (Initiated: March 2007 with TA-03-02-07)
|
|
|
|
A Staff committee has been formed to study Article 9. All the amendments proposed for Article 9 (with exception to those related to the proposed MU District) will be presented together in a future staff report.
|
|
9-10 |
908(b)(2) |
This regulation conflicts with Chapter 16, Article 3 of the City Code when describing maximum width of residential driveways. (Initiated: March 2007 with TA-03-02-07)
|
|
|
|
A Staff committee has been formed to study Article 9. All the amendments proposed for Article 9 (with exception to those related to the proposed MU District) will be presented together in a future staff report.
|
|
9-16 |
913(e)(2) |
Add porous pavement to the list of alternative surfacing materials and insert a reference to the City’s adopted Best Management Practices Manual. (Initiated: March 2007 with TA-03-02-07)
|
|
|
|
A Staff committee has been formed to study Article 9. All the amendments proposed for Article 9 (with exception to those related to the proposed MU District) will be presented together in a future staff report.
|
|
9-18 |
915 |
Clarify what uses to which Driveway and Access Standards apply (Initiated: December 2006 with TA-12-14-06)
|
|
|
|
A Staff committee has been formed to study Article 9. All the amendments proposed for Article 9 (with exception to those related to the proposed MU District) will be presented together in a future staff report.
|
|
9-18 to 9-22 |
915 |
The general statement in this section says that these standards apply to multi-family or nonresidential uses, but the General Standards (subsection a) seems to conflict with this. (Initiated: March 2007 with TA-03-02-07)
|
|
|
|
A Staff committee has been formed to study Article 9. All the amendments proposed for Article 9 (with exception to those related to the proposed MU District) will be presented together in a future staff report.
|
|
Article 10. Landscaping and Screening |
||
|
Throughout Article 10 |
Consider amendments to various sections of Article 10 to accommodate the proposed Mixed Use District. (Initiated: April 2007 with TA-04-05-07)
|
|
|
|
A staff committee has been formed to draft regulations creating a Mixed Use zoning district. All of the amendments related to the creation of a MU District will be presented together in a future staff report (TA-04-05-07).
|
|
|
Article 11. General Development Standards |
||
|
Throughout Article 11 |
Consider amendments to various sections of Article 11 to accommodate the proposed Mixed Use District. (Initiated: April 2007 with TA-04-05-07) |
|
|
|
A staff committee has been formed to draft regulations creating a Mixed Use zoning district. All of the amendments related to the creation of a MU District will be presented together in a future staff report (TA-04-05-07). |
|
|
Article 12. Floodplain Management Regulations |
||
|
Article 13. Development Review Procedures |
||
|
Article 14. Boards and Commissions |
||
|
Article 15. Nonconformities |
||
|
Article 16. Violations, Penalties and Enforcement |
||
|
Article 17. Terminology |
||
|
Throughout Article 17 |
Consider amendments to various sections of Article 17 to add defined terms necessary to accommodate the proposed Mixed Use District. (Initiated: April 2007 with TA-04-05-07)
|
|
|
|
A staff committee has been formed to draft regulations creating a Mixed Use zoning district. All of the amendments related to the creation of a MU District will be presented together in a future staff report (TA-04-05-07). |
|
