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PLANNING COMMISSION REPORT Regular Agenda -- Public Hearing Item |
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ITEM NO. 7: TEXT AMENDMENT TO CHAPTER 20 DEVELOPMENT CODE (JCR)
TA-07-14-08: Consider an amendment to Sections 20-525 and 20-526 of the Development Code to specify use standards for general retail sales and retail establishments in the MU (Mixed Use) District. (Initiated by Planning Commission on 7/21/08)
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RECOMMENDATION: Staff recommends that the Planning Commission forward a recommendation for approval of the proposed amendments [TA-07-14-08 to specify use standards for general retail sales and retail establishments in the MU (Mixed Use) District] to Chapter 20, Development Code to the City Commission. |
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Reason for Request: |
The Planning Commission initiated this amendment because the use standards for general retail sales and retail establishments, as written, prohibit retail uses in secondary and tertiary development zones in the Mixed Use District even though the use table permits such uses. The use standard is an error in the Development Code and the prohibition of such uses does not reflect the intent of the district.
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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 · None to date.
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KEY POINTS · This is an amendment to the use standards for general retail sales and retail establishments in the MU (Mixed Use) District. · The MU District is a new zoning district that was approved by the Lawrence City Commission on May 13, 2008.
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OVERVIEW OF PROPOSED AMENDMENT The amendment proposes to clarify that medium retail establishments and specialty retail establishments (those establishments which are less than 100,000 gross square feet in floor area) are restricted to the primary development zone when such establishments are located in the MU District. The intent of the district is to permit a mixture of uses, including retail uses, but to control the intensity and scale of development through the implementation of development zones which govern development intensity and scale. The MU District features three development zones: primary, secondary and tertiary (most intense to least intense). The intent of the district was to restrict larger retail establishments to the primary development zone but allow general retail sales uses in other development zones in order to achieve a mixture of uses throughout the district.
The proposed amendment clarifies that medium retail establishments and specialty retail establishments shall be permitted in the Primary Development Zone when located in a Vertical Mixed Use Structure.
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CONFORMANCE WITH HORIZON 2020 Horizon 2020 promotes the mixture of residential and nonresidential uses throughout the MU District and recommends that neighborhood compatibility be achieved by:
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CRITERIA FOR REVIEW & 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 intent of the MU District was to permit a mix of uses (including retail uses) throughout each of the development zones in the district but to require that medium and specialty retail establishments only be permitted in the primary development zone given the scale and intensity of such uses and the intent of the primary development zone as being the zone permitting the most intense development. Section 20-525(4) of the existing language does not reflect this intent because this use standard discusses general retail sales, which are distinct from retail establishments. Such language in this use standard effectively prohibits all retail uses from other development zones since this section does not address retail establishments. Staff proposes deleting this section which then will allow general retail sales uses in any of the development zones in a MU District. Section 20-526(3) discusses retail establishments, therefore this is the most appropriate location in the Development Code for use standards regarding such establishments, however the language adopted is not precise enough because it does not specify which retail establishments may be permitted and where. The Development Code identifies three types of retail establishments; Large, Medium and Specialty. The use table does not permit large retail establishments but does permit medium and specialty. The intent of this use standard is to specify where these establishments may be permitted. During preparation of this amendment, staff discovered a word processing error in the formatting of the ordinance for the mixed use district that resulted in large retail establishments being shown as permitted in the MU District while not showing that medium retail establishments were permitted. Both the Planning Commission and City Commission approved the text amendment that permits medium retail establishments but prohibits large retail establishments. Staff recommends that the Planning Commission include with the subject text amendment an additional revision to the use table (excerpt shown below) to correct the error.
2) Whether the proposed text amendment is consistent with the Comprehensive Plan and the stated purpose of this Development Code (Sec. 20-104). The amendment proposed is consistent with Horizon 2020 and the stated purpose of the Development Code. The amendment is consistent with Horizon 2020 because it permits a variety of uses, including large retail establishments but addresses compatibility of such uses with adjacent uses by controlling the location and scale of the use. The amendment is consistent with the stated purpose of the Development Code because it protects, enhances and promotes the health, safety and general welfare of the citizens of Lawrence.
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EXISTING LANGUAGE
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PROPOSED LANGUAGE Section 20-525(4) is proposed to be amended as follows:
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