PLANNING COMMISSION REPORT Regular Agenda -- Public Hearing Item
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ITEM NO. 4: TEXT AMENDMENT TO ARTICLE 4, DEVELOPMENT CODE (MKM)
TA-03-01-08: Consider proposed revisions to Article 4 of the Development Code, to revise the uses permitted within the GPI district. Initiated by the Planning Commission at the March, 2008 meeting. |
RECOMMENDATION: Staff recommends that the Planning Commission forward a recommendation for approval of the proposed amendment [TA-03-01-08] and additional revisions as stated in this report to the City Commission. |
Reason for Request: |
In reviewing and applying the Development Code, Staff identified uses which were permitted by right within the GPI District which could have negative impacts on surrounding properties due to the nature or intensity of the use. The Planning Commission considered the text amendment and returned it to Staff with a recommendation for additional revisions. This staff report deals with the recommended revisions.
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The Planning Commission considered the proposed text amendment revising the permitted uses within the GPI District at their May 21 meeting. The proposed text amendment recommended requiring a Special Use Permit (SUP) for multi-dwelling structures and light wholesale, storage and distribution and permitting active recreation and outdoor participant sports and recreation as accessory uses within the GPI District. Several points were made by the public and the Planning Commission at the May meeting and the Commission recommended that the text amendment be revised and returned to them at the June meeting. The purpose of this Staff Report is to provide more information on the GPI District and the uses currently located in the district, address the concerns raised by the public, and incorporate recommended revisions into the proposed text amendment.
Issue 1: Definition of Institutional Use The term ‘Institutional Use’ is not currently defined in the Development Code. The Planning Commission recommended including a definition of ‘Institutional Use’ to the Development Code to clarify the types of uses which may be permitted within the district.
Proposed definition: “Institutional Use. A use, typically not for profit, of a governmental, educational, or cultural nature. An institution is typically operated by a government, utility, school, public agency, or tax- exempt organization.”
Issue 2: Additional Standard to Clarify School Accessory Uses As schools have a much broader range of activities than most other institutions, it was suggested that a separate definition or standard should be developed for schools to better accommodate their unique nature. The school district commented previously that they often partner with other institutions; for instance, the tennis center at 1901 Louisiana is shared between the City and the school district.
The text amendment proposes that a Special Use Permit be required for Active Recreation and Outdoor Participant Sports and Recreation unless they are accessory to a principal use on the site. The issue was raised that the partnership between schools and other institutions, including for-profit private activities, might prevent the use from being considered ‘accessory’ to the school use on the site. In response to the Planning Commission’s recommendation, the following additional standard is proposed to Section 20-532 Accessory Uses and Accessory Structures; Purpose.
Proposed addition: Section 20-532(1) Accessory uses in the GPI District (new text in bold print) “A use which is permitted in the GPI District as an accessory use must be accessory to a principal use on the site. Two or more institutions may enter into a partnership to utilize the site without affecting the accessory status of the use even if only one of the institutions in involved in the principal use on the site. Further, an institution may partner with a non-institutional entity as long as the institutional use remains the principal use on the site.”
To clarify that the permitted uses within the GPI District must be of an institutional nature the following revision is recommended to Section 20-218(b) Principal Uses.
“Principal Uses are those uses that are institutional by definition that are allowed in the GPI Districts in accordance with the Use Table of Article 4.”
Issue 3: Mobile Homes A neighborhood advocate voiced concern that permitting mobile homes in the GPI District may result in mobile homes being located within neighborhoods as dwelling units. The Commission suggested referring to the mobile homes used for temporary classrooms as ‘mobile classrooms’. However, the term ‘mobile classroom’ would limit the use to schools while other institutions may also utilize mobile homes in a non-residential nature. As the potential residential use of mobile homes was the cause for concern, the definition of ‘mobile homes was revised in Section 20-1701 to clarify the non-residential nature of the use.
Proposed change to definition of ‘Mobile Home’ in Section 20-1701 (new text in bold print, deleted text struck-through) “Mobile
Home Any vehicle or similar portable structure having no foundation other
than wheels or jacks or skirting and so designed or constructed as to permit
occupancy for dwelling or sleeping purposes. Mobile home includes any
structure that otherwise meets this description, but that was not subject to
the National Manufactured Home
Issue 4: Commercial Parking The neighborhood advocate discussed commercial parking as a permitted use within the GPI District and expressed concern that a parking area would not be compatible with the surrounding neighborhood. With the additional requirements for developments in the GPI District, explained in the general information below, an ‘Institutional Development Plan’ would be required to insure that the development would be compatible with neighboring areas. A parking area could be compatible with proper screening and buffering; therefore Staff does not recommend requiring a commercial parking area to be approved with a Special Use Permit. The parking garage at 927 New Hampshire is one example of commercial parking; although commercial parking includes open parking areas as well.
GPI District Regulations Section 20-218(a) of the Development Code states that the GPI District is intended to accommodate institutional uses occupying significant land areas that are not appropriate for development in the H District or the areas shown 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.
Section 20-218(f) requires that the institution responsible for the property within the GPI District shall prepare and update, from time to time, an Institutional Development Plan. The purpose of the Institutional Development Plan is to provide a community vision for the long-term use and development of public institutional space and lands so 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 owners to anticipate future non-residential development patterns and plan for the use and enjoyment of their property accordingly. (Section 20-1307)
All GPI District are required to create and update an Institutional Development Plan. An Institutional Development Plan shall be a site plan for sites with 10 acres or less and a Special Use Permit for sites with more than 10 acres. The development standards listed in Section 20-1307 apply to properties within the GPI District. Section 20-1308(e) requires that the Institutional Development Plan, and approved revisions, be recorded at the Register of Deeds office. These requirements provide an additional means of insuring that proposed developments in the GPI District shall be compatible with adjacent land uses and shall contribute to the neighborhood and character of the area in which they are located.
Uses and Institutions in the GPI District Staff reviewed the GPI District to determine the institutions that own or operate facilities and the typical uses, to date. A total of 50 sites zoned GPI were identified and are shown on the attached map. The following institutions own or operate facilities in the GPI District: · City, 26 facilities · USD#497, 20 facilities · County, 4 facilities · US Postal Service, 2 facilities · State of Kansas, 1 facility · Douglas County Historical Society, 1 facility · Berkely Plaza Inc., 1 facility · City/County/Lawrence Memorial Hospital, 1 facility
The GPI District contains the following uses: · municipal airport, · government buildings (judicial center, court house, city hall) · schools, · medical offices, · public work buildings (street and road maintenance, solid waste, vehicle maintenance), · utilities (water and wastewater treatment plants, pump stations, water towers), · fire/medical stations · correctional facilities · park maintenance facility · post office · library · art center · athletic fields · fairgrounds · commercial parking garage · union depot, visitor center · swimming pools (indoor and outdoor) · community building · museum
Initiation of future text amendment Section 20-601(b) states that the density and dimensional standards for the GPI District shall be the same as those in the IBP District. The Density and Dimensional Standards for the IBP District include the following: minimum site area of 5 acres; minimum lot area of 20,000 sq. ft. (.46 acre); and minimum lot width of 200 ft. Properties containing existing institutional and general public uses were identified and placed in the GPI Zoning District with the adoption of the Development Code. Many of these properties do not comply with the density and dimensional standards of the GPI District. Many of the uses which commonly occur in the GPI District would not require 5 acres. A water tower, pump station, library, etc. would be a permitted use within the GPI District but could be developed on less than 5 acres. Staff recommends that a text amendment be initiated to Section 20-218(a) to revise the purpose statement of the GPI District to remove the reference to ‘significant land areas’ since many of the GPI District do not require significant land areas.
Attachment A contains a map and table with information on the existing GPI Districts. The map in Figure 1 shows the location of the GPI Districts, with the exception of the recently rezoned properties on 1430 Haskell Ave. and 2145 and 2201 Louisiana St., as the GIS system has not yet been updated to include these. The Table in Table 1 lists the location, use, ownership and area of the properties. Those which are non-conforming based on the minimum site and lot requirements are highlighted in the table. Of the 50 GPI Districts shown on the GIS 18, or 36%, are non-conforming based on the minimum site area required. Of the 75 parcels which are included within the GPI District 6, or 8%, are non-conforming based on the required minimum lot area. Based on this information, and the fact that many general public and institutional uses require less than 5 acres for development, Staff recommends initiating a text amendment revising the density and dimensional standards for the GPI District.
Section 20-1307(c) contains development standards for the GPI District. The standards permit exterior lighting on sites with less than 10 acres only where needed for safe access to and from the parking area to a building entrance [Section 20-1307(c)(1)(iv)] and exterior lighting is prohibited between the hours of 10 pm and 7 am on sites with greater than 10 acres [Section 20-1307(c)(2)(vi)]. As many of the uses within the GPI District require additional exterior lighting than permitted by the development standards, Staff recommends revising these standards through a text amendment.
The criteria for approval of the text amendment are included in the attached staff report which accompanied the original text amendment in May. The proposed changes are shown below (added text is in bold print, deleted text is shown struck-through):
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(b) Principal Uses.
Principal Uses are those uses that are institutional by definition that are allowed in the GPI Districts in accordance with the Use Table of Article 4.
This section regulates uses and Structures that are incidental to Principal Uses and Buildings to prevent them from becoming the predominant element of the site. The standards provide for necessary Access around Structures, help maintain privacy to abutting Lots, and maintain open Front Setbacks.
(1) A use which is permitted in the GPI District as an accessory use must be accessory to a principal use on the site. Two or more institutions may enter into a partnership to utilize the site without affecting the accessory status of the use; further, an institution may partner with a non-institutional entity as long as the institutional use remains the principal use on the site.
Section 20-1701 / General Terms
Mobile Home Any vehicle or similar portable
structure having no foundation other than wheels or jacks or skirting and so designed
or constructed as to permit occupancy for dwelling or sleeping purposes. Mobile
home includes any structure that otherwise meets this description, but that was
not subject to the National Manufactured Home Construction and Safety Standards
(generally known as the HUD Code), established in 1976 pursuant to 42 U.S.C.
Sec. 5403, at the time it was manufactured. Mobile Homes are considered to
be structures for the purpose of this Development Code to be dwelling
units only when they are parking in a mobile home park.
(and renumbering of all following definitions)
A use, typically not for profit, of a governmental, educational, or cultural nature. An institution is typically operated by a government, utility, school, public agency, or tax- exempt organization.
Section 20-403 Nonresidential District Use Table GPI District |
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Current |
Proposedd |
Standards |
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Attached Dwelling |
P* |
P* |
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Detached Dwelling |
P* |
P* |
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Manufactured Home |
P |
P |
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Mobile Home |
P |
P |
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Multi-Dwelling structure |
P |
S |
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Assisted Living |
S |
S |
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Cemetery |
P* |
P* |
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College/University |
P |
P |
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Cultural Center/Library |
P |
P |
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Lodge, Fraternal and Civic Assembly |
P* |
P* |
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Postal and Parcel Service |
P |
P |
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Public Safety |
P |
P |
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School |
P |
P |
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Homeless or Transient Shelter |
S |
S |
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Community Meal Program |
S |
S |
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Utility, Minor |
P* |
P* |
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Utility and Service, Major |
P |
P |
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Limited Extended Care Facility |
S |
S |
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Health Care office/Health Care Clinic |
P |
P |
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Outpatient Care Facility |
P* |
P* |
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Active Recreation |
P |
A or S* |
20-532 |
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General Entertainment & Spectator Sports |
S |
S |
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Limited Entertainment & Spectator Sports |
P |
P |
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Indoor Participant Sports & Recreation |
P |
P |
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Outdoor Participant Sports & Recreation |
P |
A or S* |
20-532 |
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Passive Recreation |
P |
P |
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Nature Preserve/Undeveloped |
P |
P |
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Private Recreation |
P |
P |
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Administrative and Professional Office |
P* |
P* |
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Accessory Parking Facilities |
A* |
A* |
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Commercial Parking Facilities |
P |
P |
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Building Maintenance |
A |
A |
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Personal Improvement Retail Sales & Service |
A |
A |
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Exterior Storage |
A* |
A* |
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Light Wholesale, Storage & Distribution |
P |
S |
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Adaptive Reuse, Designated Historic Property |
S* |
S* |
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Crop Agriculture |
P |
P |
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Amateur & Receive Only Antennas |
A* |
A* |
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Communications Service Establishment |
P* |
P* |
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Telecommunication antenna |
A* |
P – Permitted Use A – Accessory Use S – Special Use Permit |
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Telecommunication tower |
A* |
A* |
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Satellite Dish |
A* |
A* |
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Small recycling collection facility |
A |
A* |
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Nà Attachment A-1
Table 1. Uses, site and parcel sizes and institutions within the GPI
District.
Use |
Owner |
Zoning dist |
Parcel size |
address |
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Mun. Airport |
City |
502.5 acres |
7 parcels-totaling 471 acres |
1915 Airport Rd |
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Judicial Ctr Court House |
County |
6.2
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4.0 1.1 |
111 E 11th 1100 Mass |
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Elementary |
USD#497 |
5.1 |
4.5 |
508 Woodlawn |
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Elementary |
USD#497 |
3.2 |
2.8 |
810 W 6th |
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Asst. medical offices |
USD#497 City |
7.2 |
1.1 3.4 |
146 Maine 200 Maine |
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Street Mtnce. Solid Waste Vehicle Mtnce. “ “ unused |
City |
25.3 |
16.9
3.3 .3 .4 .7 |
1110-1140 Haskell
1141-1101 Haskell 900 blk #1, E 12th 900 blk#3 E 12th No address |
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PW.Traffic |
City |
1.1 |
.7 |
445 Mississippi St |
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Water Plant undeveloped |
City |
12.1 |
8.2 .5 |
720 w 3rd 200 Park Indiana |
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Fire/Medical & Water tower |
City |
2.9 |
2.6 |
3708 W 6th |
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Water Plant |
City |
155.5 |
145.1 |
1400 E 8th |
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High School Tennis center Natatorium |
USD#497 (used jointly-school & city) |
38.0 |
34.6 |
1901 Louisiana |
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Ass’td health offices & services |
City/County LMH Board |
.2 |
Part of larger parcel (22 acres) |
201 & 325 Maine |
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elementary |
USD#497 |
4.8 |
3.3 |
936 New York St |
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elementary |
USD#497 |
4.8 |
3.5 |
1837 Vermont St |
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School District Offices |
USD#497 |
7.7 |
5.1 .3 .4
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110-A 110-B 110-C McDonald Dr |
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Water Tower |
City |
3.3 |
3.6 |
555 Stoneridge Dr |
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Police evidence |
City |
4.0 |
2.8 |
900 E 15th |
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Unused fire station |
City |
.2 |
.1 |
1839 Mass |
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Previous alternative high school |
USD#497 |
9.2 |
8.6 |
2600 w 25th |
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Post Office |
US postal serv. |
4.5 |
3.9 |
1901 W 31st |
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Elementary |
USD#497 |
6.6 |
5.4 |
1045 Hilltop |
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Elementary |
USD#497 |
14.5 |
12.4 |
1101 GWW |
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Fire Station water plant undeveloped |
City |
122 |
118
1.2 |
2101 & 2121 Wakarusa
Attachment A-2 |
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Elementary |
USD#497 |
15.8 |
14.8 |
1130 Inverness |
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Elementary |
USD#497 |
17.0 |
15.4 |
2711 Kensington |
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Juv. Correction Solid Waste |
Kansas City |
6.1 |
3.2 2.4 |
330 Industrial 320 Industrial |
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Pump station |
City |
1.0 |
1.0 |
1025 N Minnesota |
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Rd. Mtnce. |
County |
10.2 |
7.3 |
711 e 23rd |
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Elementary |
USD#497 |
12.2 |
9.5 |
101 Lawrence Ave |
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Elementary & Jr High |
USD#497 |
37.5 |
34.7 |
2511 & 2521 Inverness |
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Park Mtnc facility |
City |
10.1 |
8.6 |
1941 Haskell |
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Post office Library |
US Postal City |
7.8 |
1.7 3.4 |
645 Vermont 707 Vermont & 745 Vermont |
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Elementary |
USD#497 |
7.5 |
6.7 |
1605 Davis Road |
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Ball field Cty offices, fairgrounds ball field Fire station |
County
City |
Incorrect figure in gis
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11.6 37.2
1.7 |
1910 Harper 2110 & 2120 Harpr
2128 Harper |
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jail |
County |
22.3 |
20.5 |
3601 E 25th |
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CityHall&pkg |
City |
6.5 |
4.5 |
6 E 6th |
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Visitor Center/Union Depot |
City |
4.0 |
3.2 |
402 N 2nd |
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High school, ath. Field/pkg Aquatic ctr Ball fields |
USD#497
City USD#497 |
83.0 |
55
5.0 19.3 |
4700 Overland Dr
4720 Overland No address |
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Comm. bldg |
City |
1.5 |
1.0 |
115 W 11th |
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Museum |
Dg Cty Historical Society |
.2 |
.2 |
1047 Mass |
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Municipal Crt. |
Berkely plaza inc. |
.3 |
.3 |
1006-12 NH |
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Elementrary |
USD#497 |
8.6 |
7.8 |
2201 Ousdahl |
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Fire station? |
City |
1.2 |
.8 |
2819 Stone Barn Tr |
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Elem. & jr high |
USD#497 |
20.1 |
19.4 |
2704 & 2734 LA |
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Police & gov offices |
City |
5.0 |
1.4 3.0 |
4820-A BB Pkwy 4820-B BB Pkwy |
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Art Center Pkg garage/offices |
City |
2.3 |
.5 1.2 |
940 NH 927 NH |
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‘old library’ |
City |
.9 |
.5 |
200 W 9th |
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Athletic fields & jr high |
USD#497 |
10.0 |
4.3 2.8 |
1400 Mass |
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Pump station |
City |
9.7 |
9.7 |
351 N Folks Rd |
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Future WWRF |
City |
537 |
537 |
Attachment A-2 |