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PLANNING COMMISSION REPORT Regular Agenda -- Public Hearing Item
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ITEM NO. 12: TEXT AMENDMENT TO CHAPTER 20 DEVELOPMENT CODE (JCR)
TA-06-12-07: Consider amendments to Section 20-218 and 20-1307 of the Development Code to modify the Access Standards of the GPI District. |
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RECOMMENDATION: Staff recommends the Planning Commission forward a recommendation for approval of the proposed revisions [TA-06-12-07] to Sections 20-218(e) and 20-1307(e)(2)(vi) and (vii) of the “Land Development Code, June 26, 2007 Edition” to the City Commission. |
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Reason for Request: |
To amend access standards for Major Utilities and Services and Minor Utility uses so that such uses are not required to have direct access to collector or arterial roads.
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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.
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING No written correspondence has been received.
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DISCUSSION OF PROPOSED AMENDMENT Development of uses defined as Major Utility and Services and Minor Utilities in the GPI District, if greater than 10 acres in area, must be reviewed as an Institutional Development Plan approved by Special Use Permit. The provisions of both the GPI District and the Institutional Development Plan discuss access standards for all development permitted in the district and reviewed as Institutional Development Plans. These standards currently state that all development shall take direct access to streets classified as Collector or Arterial Streets.
These uses are commonly considered to be potential nuisance uses and are therefore most appropriately located in relatively isolated areas and are therefore unlikely to be located directly adjacent to Collector or Arterial Streets.
Amendments are proposed to Section 20-208 to amend the access standards for the GPI District and to Section 20-1307 to amend the access standards for developments reviewed as Institutional Development Plans.
An additional amendment is proposed to Section 20-1307 which would permit the overnight operation of on-site lighting for uses approved with an Institutional Development Plan. Major Utility uses may require outdoor lighting between 10pm and 7am.
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REVIEW AND DECISION-MAKING CRITERIA (Section 20-1303(f)) In reviewing and making decisions on proposed zoning text amendments, review bodies shall consider at least the following factors:
(1) Does the proposed text amendment correct an error or inconsistency in the Development Code or meet the challenge of a changing condition?
The proposed text amendment corrects an error in the Development Code as written. Location criteria for such uses often require the development to be somewhat isolated and thus distant from major roadways. As a result, it is impractical to require access to such uses be taken directly from major roads such as those classified as Collector or Arterial. Staff believes this is consideration was not made in the original publication of the Development Code.
(2) Is the proposed text amendment consistent with Horizon 2020 and the stated purpose of the Development Code (See Sec. 20-104)
Horizon 2020 contains policies regarding the location and street access for Major Utility and Services. Policy 2.4.a. states “Choose locations and design sites in a manner which minimizes the impact on adjacent properties.” and Policy 2.4.c. states “Public uses that are potential nuisances should be buffered by screening, distance and/or landscaping.” Major Utilities and Services and Minor Utilities are public uses which are often considered as a potential nuisance by neighbors, therefore locating such a use in an isolated area is preferred. However, such a location is often distant from a Collector or Arterial Street.
Section 20-104 of the Development Code states “This Development Code is intended to implement Horizon 2020 and other applicable plans adopted by the City Commission in a manner that protects, enhances and promotes the health, safety and general welfare of the citizens of Lawrence.” The proposed amendment is consistent with the purpose and intent of the Development Code.
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Pg. No.
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Section No. 20 - |
Recommended Text Change |
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2-26 |
218 |
Amend street access standards specifically for Major Utilities and Services and Minor Utility uses. |
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20-218 GPI, General Public and Institutional Use District
(a) Purpose The GPI District is a Special Purpose Base District primarily intended to accommodate institutional uses occupying significant land areas but not appropriate for development in the H District or on property designated on the official zoning map as U. The District regulations are designed to offer the institution maximum flexibility for patterns of uses within the District while ensuring that uses and development patterns along the edges of the District are compatible with adjoining land uses.
(b) Principal Uses Principal Uses are allowed in GPI Districts in accordance with the Use Table of Article 4.
(c) Accessory Uses and Structures Accessory Uses and Structures are permitted by right in connection with any lawfully established Principal Use, except as otherwise expressly provided in this Development Code. Also, Accessory Uses are subject to the same regulations as the Principal Use. Accessory Uses and Structures, are subject to the regulations of Sec. 20-532 et seq. (Ord. 8040)
(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 uses in the GPI District. (Ord. 8040)
(e) Street Access The GPI District is intended to be implemented along Collector
and/or Arterial Streets. Development in the GPI District shall take it’s
primary Access from Collector and/or Arterial Streets, except uses
defined as Major Utilities and Services and Minor Utilities which may take
primary access from any street classification deemed suitable due to their
unique circumstances. Development in the GPI District may take
(f) Development Standards Required Subject to the standards of this Article, the institution responsible for the property within the GPI District shall from time to time prepare and update an Institutional Development Plan for all of the property contained within the GPI District. The procedure for review and action on the Institutional Development Plan is set out in Sec. 20-1307.
(g) Expansion The GPI District should generally be expanded in logical increments that preserve an orderly boundary between the institutional use and any adjoining residential uses.
(h) Other Regulations There are a number of other Development Standards that may apply to development in Base Districts, including but not limited to the following:
(1) General Development Standards See Article 11. (2) Landscaping See Article 10. (3) Off-Street Parking and Loading See Article 9. (4) Outdoor Lighting See Sec. 20-1103. (5) Overlay Districts See Article 3.
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Article 13. Development Review Procedures |
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Pg. No.
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Section No. 20 - |
Recommended Text Change |
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2-26 |
218 |
Amend street access standards for Major Utilities and Services and Minor Utility uses reviewed and approved as an Institutional Development Plan. |
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20-1307 Institutional Development Plan
(a) Purpose The purpose is to provide a community vision for the long-term use and development of public institutional space and lands so that they are designed to be compatible with surrounding land uses and contribute to the neighborhood and character of the area in which they are located. Providing this community vision for institutional Buildings and sites also allows adjacent and nearby property Owner to anticipate future non-residential development patterns and plan for the use and enjoyment of their property accordingly.
(b) Phasing of Development For multiple uses or multiple Building developments, sites may be phased based on needs established through capital improvements programming. The phasing sequence shall be submitted with the site plan or special use permit development application.
(c) Development Standards Standards for institutional site development are established to ensure long-term compatibility of use, consistency with the character of the area, and to minimize negative impacts from institutional development on surrounding neighborhoods.
(1) Sites of ten (10) acres or smaller shall be required to submit a site plan application with supporting material for administrative review and approval. Criteria to be included on the site plan shall include: (i) if traffic generation exceeds 100 vehicles per day, Access shall be taken from a Residential Collector, collector or Arterial Street; (ii) separate Access points shall be provided for pedestrians/bikes and vehicular traffic generated to and from the site; (iii) development of the site shall occur in one phase; and (iv) exterior lighting shall occur only where needed for safe Access to and from the Parking Area to a Building entrance.
(2) Sites over ten (10) acres shall be required to submit an application for a Special Use Permit, which includes a site plan, and supporting material necessary to meet the following criteria: (i) Landscape Bufferyards shall be required on all sides of the site based on the most intense use proposed. a. For utility and large plant development sites a type 3 landscape Bufferyard shall be required. b. For office and educational development sites a type 2 landscape Bufferyard shall be required. c. For park and recreational development sites a type 1 landscape Bufferyard shall be required. (ii) Access
shall be planned for the entire site based on the traffic anticipated to be
generated from the site. Access (iii) Sidewalks shall be provided along all Street Frontages as part of the first phase of a multi-phase development project or, if the project is not phased, at the time of development of the site. (iv) Bicycle lanes or recreational paths shall be planned and provided as part of the institutional master plan for sites that include public facilities such as schools, parks, recreation centers and public offices where customers are anticipated to come to the site. Comprehensive Plans for Bicycle and pedestrians shall be followed in providing and planning for these Infrastructure improvements. (v) Sports fields and other large traffic generation activities shall be located on the site furthest from RS zoned areas and designed to reduce noise or light pollution from creating negative impacts on the adjacent neighborhood(s). (vi) Exterior
lighting, if provided, (vii) Parking facilities shall be designed to be shared between multiple users and, where environmentally sensitive lands are involved or may be impacted, alternatives to paving Parking Areas may be approved. (viii) Bus stops shall be included in the planning and development of the site.
(d) Revisions to Phasing Sequence and Institutional Development Plan Revisions to the phasing sequence may be administratively approved by the Planning Director based on the review and approval of revisions to the Capital Improvements Programming for Infrastructure and site development by the governing body or administrative board responsible for funding institutional development of the site. Revisions to the Institutional Development Plan may be reviewed and approved administratively when revisions are consistent with the original development plan’s approval and evidence has been submitted to the Planning Director that the revision will not increase traffic, noise or light pollution or runoff from the site.
(e) Filing of Institutional Development Plan After approval and completion of all conditions of approval, a Mylar copy of the Institutional Development Plan shall be recorded at the Register of Deeds office. Any supplemental covenants, restrictions, Conservation Easements or public Access Easements shall be on file at the time of recordation of the Institutional Development Plan.
(f) Date of Effect Approval of an institutional development plan shall be valid from the date all conditions are met and the Institutional Development Plan is filed at the Register of Deeds office. Approved revisions to the institutional development plan shall also be filed at the Register of Deeds office. An Institutional Development Plan shall be valid for ten years or until the first phase of development is completed, whichever occurs first.
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