PLANNING COMMISSION REPORT

Regular Agenda -- Public Hearing  Item

 

PC Staff Report

02/27/08

ITEM NO. 15:         AMENDMENTS TO CHAPTER 20,  DEVELOPMENT CODE (SMS)

 

TA-12-25-07:  Consider amendments to various sections of Chapter 20 Development Code related to the definition of family in RS Districts.  Initiated by the Planning Commission on December 17, 2007.

 

 

RECOMMENDATION:  Staff recommends the Planning Commission forward a recommendation for approval of the proposed revisions [TA-12-25-07] to Section 20-202 of the Development Code, to the City Commission.

 

Reason for Request:

The Development Code does not specifically reference the occupancy limits permitted by the definition of family in RS Districts except in Article 17 Terminology.  Enforceable regulations should be placed elsewhere in the code.  The limits were previously identified in the Residential Districts article of the prior zoning ordinance and unintentionally omitted when the Development Code was adopted.

 

 

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 Development Code, is an implementation step in Chapter 13 of HORIZON 2020, the City/County Comprehensive Land Use Plan.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

  • No written correspondence has been received.  Staff has received a few telephone calls requesting information regarding the amendment.

 

 

OVERVIEW OF REVISIONS PROPOSED

·        The amendment adds a specific reference to the occupancy limits in RS Districts to Section 20-202(g) to provide an enforceable code requirement.  The original text suggested at initiation has been modified to more clearly articulate the limits allowed for properties that contain an Accessory Dwelling Unit as permitted in 20-534.

 

·        Family is defined in 20-1701 as:  (1) A person living alone; (2) two or more persons related by blood, marriage, or legal adoption; (3) in an RS Zoning District, a group of not more than three persons not related by blood or marriage, living together as a single Housekeeping Unit in a Dwelling Unit, as distinguished from a group occupying a Dormitory, Boarding House, lodging house, motel, hotel, fraternity house or sorority house; or (4) in a Zoning District other than RS, a group of not more than four persons not related by blood or marriage, living together as a single Housekeeping Unit in a Dwelling Unit, as distinguished from a group occupying a Dormitory, Boarding House, lodging house, motel, hotel, fraternity house or sorority house.

 

 

 

CRITERIA FOR REVIEW AND DECISION-MAKING

Section 20-1302(f) provides review and decision-making criteria on proposed text amendments.  It states that review bodies shall consider at least the following factors:

1)          Whether the proposed text amendment corrects an error or inconsistency in the Development Code or meets the challenge of a changing condition; and

The proposed amendment corrects an error in the Development Code.  The previous zoning code was amended in 2001 to reduce the number of unrelated persons living in a dwelling unit in a single-family district from no more than four persons to no more than three persons.  This limitation resulted in amendments to the Residential Districts article and the Definitions article of the zoning ordinance.  When the Development Code was adopted in July 2006, this restriction was only carried over into the Terminology article.  Legal Staff has indicated that it is problematic to enforce the regulation when it is only listed in the definitions.  The text amendment corrects that error so that the provision is enforceable.

2)          Whether the proposed text amendment is consistent with the Comprehensive Plan and the stated purpose of this Development Code (Sec. 20-104).

[Section 20-104 of the Development Code states that the purpose of the Development Code is to implement the Lawrence/Douglas County Comprehensive Land Use Plan (Horizon 2020) and other applicable plans adopted by the City Commission, hereinafter collectively referred to as the “Comprehensive Plan” – 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 Horizon 2020.  The proposed amendment will not negatively impact the health, safety and general welfare of the citizens of Lawrence.  The amendment follows through on a previous City Commission decision intended to protect the residential character of single-family neighborhoods throughout the community and provides the foundation for the enforcement of occupancy limitations in RS Districts.

 

HOW TO READ THE AMENDED TEXT

New text is identified by bold, italic typeface whereas deleted text is identified by double strikethrough. 

 

The line containing the amendment as referenced in this report is highlighted grey within the table for ease of reading.

 

 

 

 

 

 

20-202 RS, Single-Dwelling Residential Districts

The primary purpose of the RS Districts is to accommodate predominantly single detached Dwelling Units on individual Lots. The Districts are intended to create, maintain and promote housing opportunities for individual households, although they do permit nonresidential uses that are compatible with residential neighborhoods.

The RS Districts are primarily differentiated on the basis of required minimum Lot size, as provided below:

(i)          RS40, Single-Dwelling Residential District – 40,000 square feet.

(ii)        RS20, Single-Dwelling Residential District – 20,000 square feet.

(iii)      RS10, Single-Dwelling Residential District – 10,000 square feet.

(iv)      RS7, Single-Dwelling Residential District – 7,000 square feet.

(v)        RS5, Single-Dwelling Residential District – 5,000 square feet.

(vi)      RS3, Single-Dwelling Residential District – 3,000 square feet.

Principal Uses are allowed in RS Districts in accordance with the Use Table of Article 4.

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, unless otherwise stated, Accessory Uses are subject to the same regulations as the Principal Use. Accessory Uses and Structures, including Accessory Dwelling Units and Home Occupations, are subject to the regulations of Sec.  20-532 et seq.

(d)        Density and Dimensional Standards

Unless otherwise expressly stated, all development in RS Districts shall comply with the Density and Dimensional Standards of Article 6.

RS Districts are intended primarily for implementation along local and Residential Collector Streets.

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. 20-11-3.

(5)  Overlay Districts

                         See Article 3.

(g)        Occupancy Limits

In RS, Single-Dwelling Residential Districts, a Dwelling Unit shall only be occupied by a Family as  defined in Section 20-1701 Family (1), (2) or (3). On properties in RS Districts that have an Accessory Dwelling Unit established in accordance with Section 20-534, the total number of individuals that reside in both units shall not exceed the total persons allowed in a dwelling unit located in the RS District as defined in Section 20-1701 Family (1), (2) or (3), plus one additional person.