ORDINANCE NO. 8154

 

 

AN ORDINANCE AMENDING SECTIONS IN CHAPTER 20 OF THE “CODE OF THE CITY OF LAWRENCE, KANSAS 2006 EDITION” AND AMENDMENTS THERETO. SPECIFICALLY SECTION 20-218 PERTAINING TO ACCESS STANDARDS IN THE GENERAL PUBLIC AND INSTITUTIONAL USE DISTRICT (GPI); SECTION 20-403 PERTAINING TO PERMITTED USES IN THE LIMITED INDUSTRIAL (IL) AND  OFFICE COMMERCIAL (CO); SECTION 20-1305 PERTAINING TO FIELD SURVEY REQUIREMENTS FOR SITE PLANS; AND SECTION 20-1307 PERTAINING TO THE INSTITUTIONAL DEVELOPMENT PLAN AND REPEALING THE EXISTING SECTIONS,

 

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

 

SECTION 1:  Section 20-218 of the “Code of the City of Lawrence, Kansas, 2006 Edition” is hereby amended to read as follows:

 

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 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 secondary Access from a Local Street or Alley except where the zoning of the property across the Street or Alley is in an RS Zoning District; in those cases, the GPI development shall be allowed only emergency Access to the Local Street or public Alley. 

 

(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.

 

 

Section 2:  Section 20-403 of the “Code of the City of Lawrence, Kansas, 2006 Edition” is hereby amended to read as follow:

 

 

Nonresidential District Use Table

KEY:   A   =  Accessory     P = Permitted      S = Special Use

            *   =  Standard Applies        –  Use not allowed

CN1

CN2

CO

CD

CC

CR

CS

IBP

IL

IG

OS

GPI

H

Use Specific Standard

RESIDENTIAL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Household Living

Accessory Dwelling

P*

–

–

­–

–

–

–

–

–

–

–

-

-*

 20-534

Attached Dwelling

P*

–

–

­–

–

–

–

–

–

–

–

P*

–

 20-503

Cluster Dwelling

--

–

–

­–

–

–

–

–

–

–

–

–

–

20-702

Detached Dwelling

P*

–

–

­–

–

–

–

–

–

–

–

P*

P*

 20-508

Duplex

P*

–

–

­–

–

–

–

–

–

–

–

–

–

 20-503

Manufactured Home

–

–

–

–

–

–

–

–

P

P

–

P

P

 

Manufactured Home, Residential-Design

P*

–

–

­–

–

–

–

–

–

–

–

–

–

 20-513

Mobile Home

–

–

–

–

–

–

–

–

P

P

–

P

P

 

Mobile Home Park

–

­–

–

­–

–

–

–

–

–

–

–

–

–

 

Multi-Dwelling Structure

P*

P*/S*

–

P* /

S*

P*

 

P*

–

–

–

–

P

P

 20-517

Zero Lot Line Dwelling

P*

–

–

–

–

–

–

–

–

–

–

–

–

 20-531

Home Occupation, Type A or B

–

–

–

–

–

–

–

–

–

–

–

–

–

 

Group Living

Assisted Living

–

–

–

–

–

–

–

–

–

–

–

S

S

 

Boarding Houses & Cooperatives

(Ord. 8040)

-

-

-

-

-

-

-

-

-

-

-

-

-

 

Dormitory

–

–

–

–

–

–

–

–

–

–

–

–

P

 

Fraternity or Sorority House

–

–

–

–

–

–

–

–

–

–

–

–

–

 

Group Home, General (11 or more)

S

S

S

S

S

S

S

–

–

–

–

–

P

 

Group Home, Limited (10 or less)

P

–

–

­–

–

–

–

–

–

–

–

–

–

 

PUBLIC AND CIVIC

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Community Facilities

 

 

 

 

 

 

Community Facilities

 

Cemetery

P*

P*

P*

–

P*

P*

P*

P*

P*

–

P*

P*

–

 20-505

College/University

S

P

P

P

P

P

P

P

P

P

–

P

P

 

Cultural Center/ Library

(Ord. 8098)

S

P

S

P

P

–

–

P

–

–

S

P

A

 

Day Care Center

S*

P*

S*

S*

P*

P*

P*

P*

P*

P*

–

–

–

 20-507

Day Care Home, Class A

P

P

–

P

P

–

P

–

–

–

–

–

–

 

Day Care Home, Class B

S*/A*

P*

–

P

P

–

P

–

–

–

–

–

–

 20-507

Detention

–

–

–

–

–

–

–

–

S

P

–

–

–

 

Lodge, Fraternal and Civic Assembly

S*

S*

S*

P*

P*

P*

P*

–

P*

–

–

P*

–

 20-512

Postal & Parcel Service

–

P

P

P

P

P

P

P

P

P

–

P

–

 

Public Safety

S

P

P

P

P

P

P

P

P

P

–

P

–

 

School

P

P

P

P

P

P

P

–

–

–

–

P

–

 

Funeral and Interment (Ord. 8098)

–

P*

P*

–

P*

P*

P*

P*

P*

–

A*

–

–

 20-505

Homeless or Transient Shelter

(Ord. 8098)

–

–

S

S

S

S

S

–

–

–

–

S

S

 

Community Meal Program

(Ord. 8098)

–

–

S

S

S

S

S

–

–

–

–

S

S

 

Utility, Minor

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

–

 20-530

Utility and Service, Major

S

S

S

S

S

S

S

S

S

P

S

P

–

 

Medical Facilities

 

Extended Care Facility, General

–

S

S

–

–

–

–

–

–

–

–

–

P

 

Extended Care Facility, Limited

P

P

P

–

–

–

–

–

–

–

–

S

P

 

Health Care Office, Health Care Clinic

P

S

P

P

P

P

P

P

P

–

–

P

A

 

Hospital

–

–

–

–

–

–

–

–

–

–

–

–

P

 

Outpatient Care Facility (Ord. 8098)

P*

P*

P*

P*

P*

P*

P*

–

-

–

–

P*

P*

 20-519

Recreational Facilities

Active Recreation

S

P

S

S

P

P

P

P

P

–

S

P

A

 

Entertainment & Spectator Sports, Gen.

–

–

–

P

P

P

P

–

–

–

–

S

–

 

Entertainment & Spectator Sports, Ltd.

–

P

–

P

P

P

P

–

–

–

S

P

–

 

Participant Sports & Recreation, Indoor

–

P

–

P

P

P

P

P

P

–

–

P

A

 

Participant Sports & Recreation, Outdoor

–

–

–

–

P

P

P

P

P

–

–

P

–

 

Passive Recreation

P

P

P

P

P

P

P

P

P

P

P

P

P

 

Nature Preserve/Undeveloped

P

P

P

P

P

P

P

P

P

P

P

P

P

 

Private Recreation

­P

P

–

P

P

–

P

–

–

–

P

P

P

 

Religious Assembly

Campus or Community Institution

P*

P*

P*

P*

P*

P*

P*

–

P*

–

–

–

A*

 20-522

Neighborhood Institution

P*

P*

P*

P*

P*

P*

P*

–

P*

–

–

–

–

 20-522

COMMERCIAL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Animal Services

Kennel

–

–

–

–

P

P

P

–

P

P

–

–

–

 

Livestock Sale

–

–

–

–

S

S

S

–

P

P

–

–

–

 

Sales and Grooming

P

P

P

P

P

P

P

–

P

P

–

–

–

 

Veterinary

–

P

P

P

P

P

P

–

P

P

–

–

–

 

 

 

 

Eating & Drinking Establishments

Accessory Bar (Ord. 8098)

A*

A*

A*

A*

A*

A*

A*

A*

A*

–

–

–

–

 20-509

Bar Or Lounge

–

–

–

P*

P*

P*

P*

–

–

–

–

–

–

 20-509

Brewpub

–

P*

–

P*

P*

P*

P*

–

–

–

–

–

–

 20-509

Fast Order Food

(Ord. 8098)

P*

P*

P*

P*

P*

P*

P*

–

P*

–

–

–

A*

 20-511 &

  20-509

Fast Order Food,  With Drive-In

(Ord. 8098)

–

S

–

–

P

P

P

–

P

–

–

–

–

 

Nightclub (Ord. 8098)

–

–

–

P*

–

P*

P*

–

–

–

–

–

–

 20-509

Private Dining Establishments

(Ord. 8061)

P*

P*

P*

P*

P*

P*

P*

P*

–

–

–

–

–

20-539

Restaurant, Quality

P*

P*

P*

P*

P*

P*

P*

P*

P*

–

–

–

–

 20-524

Office 

Administrative and Professional

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

–

P*

A*

 20-518

Financial, Insurance & Real Estate Services

P*

P*

P*

P*

P*

P*

P*

P*

P*

–

–

–

A*

 20-510

Other

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

–

–

–

 20-537

Parking Facilities

Accessory

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

 20-535

Commercial

–

S

S

S

P

P

P

P

P

P

–

P

A

 

Retail Sales & Service

 

 

 

Building Maintenance (Ord. 8098)

   –

   P

  –

  P

   P

  P

   P

–

 P

 P

 –

   A

 A

 

Business Equipment

–

P

–

P

P

P

P

P

P

–

–

–

–

 

Business Support

–

P

P

P

P

P

P

P

P

P

–

–

A

 

Communications

–

P

P

P

P

P

P

P

P

–

–

–

A

 

Construction Sales and Service

(Ord. 8098)

–

–

–

–

P

P

P

–

P

P

–

–

A

 

Food and Beverage (Ord. 8098)

P*

P*

P*

P*

P*

P*

P*

–

P*

–

–

–

A*

 20-511

Mixed Media Store

(Ord. 8098)

P*

P*

P*

P*

P*

P*

P*

–

P*

 

–

–

–

20-516 &

20-528

Personal Convenience (Ord. 8098)

P*

P*

–

P*

P*

P*

P*

–

P*

–

–

–

A*

 20-520

Personal Improvement (Ord. 8098)

P*

P*

–

P*

P*

P*

P*

–

P*

–

–

A*

A*

 20-521

Repair Service, Consumer (Ord. 8098)

P*

P*

–

P*

P*

P*

P*

–

P*

–

–

–

–

 20-523

Retail Sales, General (Ord. 8098)

P*

P*

P*

P*

P*

P*

P*

–

P*

–

–

–

A*

 20-525

Retail Establishment, Large

–

–

–

–

P*

P*

S*

–

–

–

–

–

–

 20-526

Retail Establishment, Medium

–

P*

–

P*

P*

P*

P*

–

–

–

–

–

–

 20-526

Retail Establishment, Specialty

–

P*

–

P*

P*

P*

P*

–

–

–

–

–

–

 20-526

Sexually Oriented Business

Sexually Oriented Media Store

–

–

–

-

-

-

-

–

–

-

–

–

–

 20-528

Physical Sexually Oriented Business

–

–

–

–

–

–

–

–

–

–

–

–

–

 20-528

Sex Shop

–

–

–

–

P*

P*

P*

–

–

–

–

–

–

 20-528

Sexually Oriented Theater

–

–

–

–

P*

P*

P*

–

–

–

–

–

–

 20-528

Transient Accommodation

Bed and Breakfast

P*

–

–

–

–

–

–

–

–

–

–

–

–

 20-504

Campground

–

–

–

–

P

P

P

–

­–

–

S

–

–

 

Hotel, Motel, Extended Stay

–

–

–

P

P

P

P

–

–

–

–

–

A

 

 

Vehicle Sales & Service

 

Cleaning (e.g., Car Wash) (Ord. 8098)

–

S

–

–

P

P

P

–

P

 P

–

–

–

 

Fleet Storage (Ord. 8098)

–

–

–

–

P

P

P

–

P

P

–

–

A

Gas and Fuel Sales (Ord. 8098)

–

S

–

–

P

P

P

–

P

P

–

–

–

 

Heavy Equipment Repair (Ord. 8098)

–

–

–

–

P

P

P

–

P

P

–

–

–

 

Heavy Equipment Sales/Rental

(Ord. 8098)

–

–

–

–

P

P

P

–

P

P

–

–

–

 

Inoperable Vehicles Storage

(Ord. 8098)

–

–

–

–

P

P

P

–

P

P

–

–

–

 

Light Equipment Repair (Ord. 8098)

–

S

–

S

P

P

P

–

P

P

–

–

–

 

Light Equipment Sales/Rental

(Ord. 8098)

–

–

–

S

P

P

P

–

P

P

–

–

–

 

RV and Boats Storage (Ord. 8098)

–

–

–

–

P

P

P

–

P

P

–

–

–

 

INDUSTRIAL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Industrial Facilities

 

 

 

   

Explosive Storage

–

–

–

–

–

–

–

–

–

P

–

–

–

 

Industrial, General (Ord. 8098)

–

–

–

–

–

–

–

–

P

P

–

–

–

 

Industrial, Intensive

–

–

–

–

–

–

–

–

–

P

–

–

–

 

Laundry Service (Ord. 8098)

–

–

–

–

P

P

P

–

P

P

–

–

–

 

Manufacturing & Production, Ltd.

–

–

–

S

S

S

S

P

P

P

–

–

–

 

Manufacturing & Production, Tech.

–

–

–

S

P

P

P

P

P

P

–

–

–

 

Research Service

–

–

S

S

P

P

P

P

P

P

–

–

–

 

Scrap and Salvage Operation

–

–

–

–

–

–

–

–

S*

S*

–

–

–

 20-527

 Wholesale, Storage, & Distribution

Exterior Storage (Ord. 8098)

–

–

–

–

A*

A*

A*

A*

A*

A*

–

A*

A*

20-538

Heavy (Ord. 8098)

–

–

–

–

S

S

S

–

S

P

–

–

–

 

Light

–

–

–

–

P

P

P

P

P

P

–

P

–

 

Mini-Warehouse (Ord. 8098)

–

–

–

–

P

P

P

–

P

P

–

–

–

 

OTHER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Adaptive Reuse

Designated Historic Property

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

 20-501

Greek Housing Unit

–

–

–

–

–

–

–

–

–

–

–

–

–

 

Agriculture

Agricultural Sales

–

–

–

–

P

P

P

–

P

P

–

–

–

 

Agriculture, Animal  Husbandry

–

–

–

–

–

–

–

–

–

–

–

–

–

 

Agriculture, Crop (Ord. 8098)

P

P

P

–

P

P

P

P

P

P

–

P

–

 

 

Communications Facilities

Amateur and Receive-Only Antennas

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

 20-536

Broadcasting Tower

–

–

–

S

–

–

–

P

P

P

–

–

A

 

Communications Service Establishment

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

–

P*

A*

20-506

Telecommunications Facilities:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Telecommunications Antenna

A*

A*

A*

S*

A*

A*

A*

A*

A*

A*

A*

A*

A*

 20-529

Telecommunications Tower        

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

A*

A*

 20-529

Satellite Dish

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

 20-536

Mining

Mining

–

–

–

–

–

–

–

–

–

S*

–

–

–

 20-515

Recycling Facilities 

Recycling Faciliites

Large Collection (Ord. 8098)

–

–

–

–

P

P

P

–

P

P

–

–

–

20-540

Small Collection (Ord. 8098)

P

P

P

P

P

P

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Section 3:  Section 20-1305 of the “Code of the City of Lawrence, Kansas, 2006 Edition” is hereby amended to read as follows:

 

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.  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.

 

For the purposes of this section:

(1)        A change to a less intensive use shall be defined as:

(i)         a change in use of a site or structure in which the Development     Code requires less parking for the proposed new or modified use; or

 

(ii)         that the operational characteristics of the proposed new or                                                modified use are such that they generate less activity on the                                        site, or  result in a decrease in the number of days or hours of                                              operation of the site. 

 

 (2)       A change to a more intensive use shall be defined as:

(i)         change in use of a site or structure in which the Development Code requires more parking for the proposed  new or modified use; or

 

(ii)         that the operational characteristics are such that they generate more activity on the site, or result in an increase 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 administratively reviewed and approved site plan shall be required for:

 

(1)        Minor Development Projects

Any development proposing the minor modification of a site which does      not meet the criteria for a Standard or Major Development Project, or the proposed change in use to a less intensive use on a site which has an approved site plan on file with the Planning Office.  Only sites which have an existing approved site plan on file which reflects existing site conditions are eligible for review as a Minor Development Project.

           

            (i)         Requirements of Site Plan Review

(a)        Amendments to an approved site plan depicting the proposed modification or improvements; and

 

(b)        Verification that the use is permitted by zoning; and

 

(c)        Verification that adequate parking is available.

 

                        (ii)         Public Notice

The public notice procedures of Sec. 21-1305(g) are not    applicable.

 

            (iii)        Compliance with City Codes

(a)        Only those improvements or modifications proposed and approved as a Minor Development Project review are required to be compliant with the standards of this          Development Code and/or the Commercial Design Standards.

 

(b)        Existing conditions 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 health, safety and welfare of the public and/or user of the site.

 

(2)        Standard Development Projects

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:

(a)        Any change in use to a more intensive use; or

(b)        A change in use to a less intensive use on a site without an approved site plan on file with the Planning Office; or

(c)        A modification to a site which alters the Parking Area, drive aisles, or impacts on-site pedestrian and vehicular circulation and traffic patterns; or

(d)        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

(e)        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

(f)         The construction of one or more new buildings with a Gross Floor Area of 1,499 square feet or less; or

(g)        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; or

(h)        The installation or addition of less than 1,499 square feet of Impervious Surface coverage; or

(i)         Any modification to an approved site plan on file with the Planning Office which proposes an adjustment to the total land area of the site plan, if determined necessary by the Planning Director.

 

(i)         Requirements of Site Plan Review

(a)        For sites without an existing approved site plan a site       plan meeting all the specifications of Sec. 20-1305(f) must be submitted for administrative review.

 

(b)        For sites with an approved site plan on file at the Planning Office, the existing plan if determined appropriate by the Planning Director, may be amended.

 

(ii)         Public Notice

            The public notice procedures of Sec. 20-1305(g) are applicable.

 

            (iii)        Compliance with City Codes

(a)        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.

 

(b)        Other features of the site may be 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 health, safety and welfare of the public and/or user of the site.

 

(3)        Major Development Projects

Any development proposing the following:

(a)        Any modification to a site that alters Parking Areas, drive aisles, or impacts on-site pedestrian and vehicular circulation and traffic patterns, that the Planning Director determines to be significant; or

(b)        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 with a gross Floor Area of     1,500 square feet or more, or twenty percent (20%) or more, of the existing Building;

 

(3)        Separate incremental additions below 1,500 square feet or 20% amount if the aggregate effect of such Development Activity over a period of 18 consecutive months would trigger the 1,500 square feet or 20% threshold;

 

(4)        The alteration or intensification of any use that increases off-Street Parking requirements pursuant to Article 9; or

 

(5)        The installation or addition of more than 1,500 square feet of impervious site cover.

 

            (i)         Requirements of Site Plan Review

Submitted site plans shall meet all the specifications of Sec. 20-1305(f).

 

            (ii)         Public Notice

The public notice procedures of Sec. 20-1305(g) are applicable.

 

(iii)        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 Detached Dwelling(s) or Duplex(es), as well as site improvements on Lots containing Detached Dwelling(s) and Duplex(es). 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 required for projects that have received equivalent review through other Development Code procedures;

(3)        changes expressly exempted from Site Plan Review process by the underlying Zoning District;

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

(5)        changes otherwise exempted from Site Plan Review by state or federal law.

 

(d)        Pre-application Meetings

A pre-application meeting with the Planning Director is required at least 7 Working Days prior to the formal submission of a Site Plan application. See Sec. 20-1301(d).

 

(e)        Initiation and Application Filing

Site Plan Review applications shall be filed with the Planning Director. At the time of submittal and payment of fees, the applicant shall submit the required number of legible and complete site plans requested at the pre-application meeting, not to exceed a total of 30 site plans.

 

(f)         Application Contents

(1)        A site plan shall:

(i)         Be prepared by an architect, engineer, landscape architect, or other qualified professional and show the name, business address and licensing information for that professional in the information block on each sheet;

(ii)         Be prepared at a scale of one inch equals 30 feet or larger for sites of five or fewer acres and be prepared at a scale of one inch equals 40 feet for sites over five acres;

(iii)        Be arranged so that the top of the plan represents north or, if otherwise oriented, is clearly and distinctly marked;

(iv)        Show boundaries and dimensions graphically, and contain a written legal description of the property; identification of a known vertical & horizontal reference mark approved by the city engineer; and, show a written and graphic scale;

(v)         Show existing public and private Street system, platted or unplatted Ownership, type and location of Structures, curb cuts on adjacent properties and along the opposite side of the Street.

(vi)        Show topography extending 100 feet beyond the outside boundaries of the proposed site plan for sites that are not adjacent to existing development and show topography extending 50 feet beyond the outside boundaries of the proposed site plan for infill development sites;

(vii)       Show the present and proposed topography of the site.  Present and proposed topography (contour interval not greater than 2 feet) shall be consistent with the City of Lawrence aerial topography.  Where land disturbance, grading or development has occurred on a site or within 100 feet of the subject site since the date the City of Lawrence obtained aerial topography, an actual field survey shall be required;

(viii)       Show the location of existing utilities and Easements on and adjacent to the site including power lines, telephone lines, & gas lines.  Show the vertical elevation (if available) and horizontal location of existing sanitary sewers, water mains, storm sewers and culverts within and adjacent to the site.  The location of ground mounted transformers and air conditioning units shall be shown on the site plan and such units shall be Screened if visible from the Street or when adjacent to a Structure on an adjoining Lot(s).  In any instance, the location of such units shall occur behind the Front and Side Setback lines as set forth in Sec. 20-601 in the Density and Dimensional Standards Tables;

(ix)        Show, by use of directional arrow, the proposed flow of storm drainage from the site.  Provide the supplemental stormwater information required by City Regulations, and provide on the site plan a site summary table which indicates:  the area (in sq. ft.) and percentage of the site proposed for development as a Building(s); development as a paved surface; undeveloped and planted with grass, Ground Cover, or similar vegetative surface.

(x)        Show the location of existing and proposed Structures and indicate the number of stories, Floor Area, and entrances to all Structures;

(xi)        Show the location and dimensions of existing and proposed curb cuts, Access aisles, off-Street Parking, loading zones and walkways;

(xii)       Indicate location, Height, and material for Screening walls and fences;

(xiii)      List the type of surfacing and base course proposed for all Parking, loading and walkway areas;

(xiv)      Show the location and size, and provide a landscape schedule for all perimeter and interior Landscaping including grass, Ground Cover, trees and Shrubs;

(xv)       Show both Gross and Net public areas for proposed offices and commercial establishments.  The proposed use, the required number of off-Street  Parking Spaces, and the number of off-Street  Parking Spaces shown shall be listed on the site plan.  If the exact use is not known at the time a site plan is submitted for review, the off-Street Parking requirements shall be calculated by the general use group using the greatest off-Street Parking requirement of that use;

(xvi)      Show the proposed location, direction and amount of illumination of proposed lighting.  Provide information on Screening proposed for the lighting and steps taken to prevent glare.

(xvii)      Designate a trash storage site on each site plan or a note explaining how refuse removal will be handled. The size of the trash storage receptacle, its location and an elevation of the enclosure shall be approved by the Director of Public Works prior to approval of the site plan.  If a modification to the location of the trash storage area is required during the construction phase, both the Planning and Public Works Directors must approve the modification before it occurs.

(xviii)     For CN2, CC and CR Districts, be prepared for all of the contiguous area in that Zoning District under the same Ownership.  If the entire site is not proposed for development in the immediate future, then the initial Site Plan application shall contain a proposed phasing schedule, showing which sections of the property shall be developed in which order and showing in which phases the Easements, Driveways, Parking Areas and Landscaping will be included.  The Planning Director may require adjustments in the provision of Easements, Driveways, Parking Areas and Landscaping among the various phases as a condition of approval;

(xix)      Provide at least one north-south and one east-west elevation of the property from the Street right-of-way (property line) at a reasonable scale to illustrate Building shape, Height, and Screening proposed and to determine compliance with the Commercial Design Standards and Guidelines.

(2)        A note shall be provided on the site plan for a public or governmental Building(s) and facility(ies) indicating that it has been designed to comply with the provisions of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) for Buildings and facilities, appendix A to 28 CFR Part 36.

(3)        If the site plan is for a multiple-dwelling residential Structure containing at least four (4) Dwelling Units, a note shall appear on the site plan indicating it has been designed to comply with the minimum provisions of the Final Fair Housing Accessibility Guidelines, 24 CFR, Chapter 1, Subchapter A, Appendix II, of the Fair Housing Act of 1968, as amended.

(4)        A photometric plan, pursuant to Sec. 20-1103(c) shall be required for site plan approvals.  Light sources shall be shielded to prevent point source glare from adjacent properties or Streets.

 

(g)        Public Notice

(1)        Notice of the proposed site plan shall be posted on the property covered by the site plan, in accordance with Sec. 20-1301(q)(4).  In addition, written notice of the proposed site plan shall be mailed to the Owner of record of all property adjoining the subject property, and to all Registered Neighborhood Associations whose boundaries include the subject property or are adjacent to the neighborhood the subject property is located in. For purposes of this provision, “adjoining property” includes all property that touches the subject property, including the right-of-way of the subject property. The notice shall be sent by the applicant by regular mail, postage pre-paid. The applicant shall submit a Certificate of Mailing at the time of submission of the Site Plan application. An application for Site Plan Review will not be considered complete without an executed Certificate of Mailing. The notice shall provide:

(i)         a brief description of the proposed Development Activity;

(ii)         the projected date for construction of the proposed use;

(iii)        the person, with contact telephone number and address, designated by the applicant to respond to questions concerning the proposed site plan;

(iv)        the date the site plan application will be submitted to the Planning Director for review; and a Statement with substantially the following information:

 

Notice of Site Plan Review pending before the Lawrence Douglas County Planning Office.

This letter is being sent to the Owner of property adjoining, or a Registered Neighborhood Association encompassing, the proposed development described further in this letter. It is being sent for the purpose of informing the notified person and other interested parties about the proposed development. This letter does not grant the recipient and/or Landowner any legal rights to challenge the proposed development; instead, it is being provided solely to advise adjoining Landowners of the pending proposed development. For further information, contact the applicant's designated representative at (xxx) xxx-xxxx or the Lawrence-Douglas County Planning Office at (785) 832-XXXX.

 

(2)        The failure to receive notice of Site Plan Review by an adjoining Landowner or Registered Neighborhood Association will not affect the validity of Site Plan approval or review.

 

(h)        Staff Review/Action

The Planning Director will review each Site Plan application and, within 30 days, the Planning Director shall take one of the following actions:

(1)        approve the Site Plan application;

(2)        identify those modifications that would allow approval of the Site Plan application;

(3)        approve the Site Plan application with conditions; or

(4)        disapprove the Site Plan application.

 

 

(i)         Notice of Decision

Notice of the decision, including the Planning Director’s findings and basis for decision in light of the criteria of Sec. Article 1. 20-1305(j), shall be mailed to the applicant and all other parties who have made a written request for notification.

 

(j)         Approval Criteria

In order to be approved, a Site Plan shall comply with all of the following criteria:

(1)        the site plan shall contain only platted land;

(2)        the site plan shall comply with all standards of the City Code, this Development Code and other adopted City policies and adopted neighborhood or area plans;

(3)        the proposed use shall be allowed in the District in which it is located or be an allowed nonconforming use;

(4)        vehicular ingress and egress to and from the site and circulation within the site shall provide for safe, efficient and convenient movement of traffic not only within the site but on adjacent roadways as well and shall also conform with adopted corridor or Access Management policies; and,

(5)        the site plan shall provide for the safe movement of pedestrians on the subject site.

 

(k)        Appeals

Appeals of the Planning Director’s decision on a Site Plan application may be taken to the City Commission by filing a notice of appeal with the Planning Director. Appeals shall be filed within 9 days of a decision to approve or disapprove a Site Plan application.

 

(l)         Right to Appeal

The following persons and entities have standing to appeal the action of the Planning Director on applications for Site Plan approval:

(1)        the applicant;

(2)        the City Commission;

(3)        the neighborhood association for the neighborhood the site plan is located in or is adjacent to; or

(4)        record Owner of all adjoining property, as the term “adjoining property” is defined in Sec. 20-1305(g).

 

(m)       Action on Appeal

(1)        The City Commission shall consider the appealed Site Plan decision as a new matter, inviting public comment before acting on the original application. Mailed notice of the City Commission’s meeting shall be provided a minimum of 14 days prior to the Commission’s meeting.

(2)        After considering the matter, the City Commission shall act on the original Site Plan application, applying the criteria of Sec. (j), taking action as provided in Sec. (h) and giving notice of its decision as provided in Sec. 20-1305(i).

 

(n)        Modifications to Approved Site Plans

(1)        An applicant who wishes to alter or revise an approved Site Plan shall contact the Planning Director.

(2)        The Planning Director is authorized to approve, without public notice, any modification that complies with the approval criteria of Sec. (j) as long as the Planning Director determines that the proposed modification does not represent a material change that would create a substantial adverse impact on surrounding Landowners.

(3)        Any other modification may be approved only after re-notification in accordance with Sec. 20-1305(g).  The action of the Planning Director on such an application shall be reported in a staff report at the next meeting of the City Commission and shall be appealable by any party aggrieved within 15 days of such meeting, in accordance with the appeal procedures of Sec. 20-1311.

 

(o)        Expiration; Vesting of Rights

(1)        In the event the Landowner fails to file an application for Building Permit within 18 months after final approval of the Site Plan has been granted, then such Site Plan shall expire in accordance with the following provisions:

(i)         For good cause shown, the expiration date may be extended by the City Commission for a period not to exceed 6 months.  The application for extension or modification may be made by letter to the Planning Director and will be considered only if received before the expiration date of the Site Plan.  The Planning Director shall place such request, with any recommendation of the Planning Director on the agenda of the City Commission. 

 

The Planning Director shall notify the applicant by mail of the date of the proposed consideration by the City Commission.  On that date, the City Commission shall hear from the applicant and the Planning Director and may hear from other interested parties.  Only one such extension may be granted;

 

(ii)         No action by the City shall be necessary to cause the Site Plan to expire.  Its expiration shall be considered a condition of the original approval. After the expiration date, or extended expiration date, any further application for a Building Permit or for other Development Activity on the site shall be considered as though the Site Plan had not been granted.

(2)        Approval of a Site Plan does not, in itself, vest any rights under K.S.A. Sect. 12-764.  Rights vest only after the related Building Permit is issued and substantial construction is begun in reliance on that permit. 

(3)        Rights in an entire Site Plan shall vest under K.S.A. Sec. 12-764 upon timely issuance of an initial Building Permit and completion of construction in accordance with that Building Permit, or upon timely completion of substantial site improvements in reliance on the approved Site Plan.

(Ord. 8098)   

 

Section 4:  Section 20-1307 of the “Code of the City of Lawrence, Kansas, 2006 Edition” is hereby amended to read as follows:

 

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 may be taken from Collector or Arterial Streets for utility and large plant development sites. At least two Access points shall be provided for office and educational development sites and park sites, one of which is from a Residential Collector Street.

(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, may be prohibited between the hours of 10 PM and 7AM.

(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.

 

Section 5:  Sections 20-218, 20-403, 20-1305 and 20-1307 of the “Code of the City of Lawrence, Kansas, 2006 Edition” are hereby repealed, it being the intent of this ordinance that its provisions be substituted in place thereof. 

 

Section 6:  Severability. If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

 

Section 7:  This ordinance shall be in full force and effect from and after its passage and publication as provided by law.

 

 

 

 

Passed by the Governing Body this ____ day of _____________, 2007.

 

           

                                                                                                                                               

                                                                        Sue Hack, Mayor

 

 

 

 

ATTEST:

 

 

 

                                                                       

Frank S. Reeb, City Clerk

 

 

Approved as to form and legality:

 

 

 

                                                                       

Toni Ramirez Wheeler, Director of Legal Services