PLANNING COMMISSION REPORT Regular Agenda -- Public Hearing  Item

PC Staff Report

4/25/11

ITEM NO. 3         TEXT AMENDMENT TO CITY OF LAWRENCE DEVELOPMENT CODE; TO ALLOW ACTIVE RECREATION AS A SPECIAL USE IN THE IG DISTRICT (SLD)   TA-2-2-11: Consider a Text Amendment to the City of Lawrence Land Development Code, Chapter 20, Article 4, Section 20-403 to allow Active Recreation as a Special Use in the IG (General Industrial) District. Initiated by City Commission on 3/1/11.

 

RECOMMENDATION:  Staff Recommendation Staff recommends approval of the amendment to Section 20-403 of the Land Development Code to add Active Recreation as a Special Use in the IG (General Industrial) District.

 

Reason for Request:

To allow active recreation uses in the IG district. This use is currently allowed in the IL and IBP districts.

 

RELEVANT FACTOR:

·   Conformance with the Comprehensive Plan.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

·  None to date.

 

ATTACHEMENTS

·   Industrial Zoning Map

·   Industrial Uses Table

·   Indoor Fieldhouse floor plan (municipal)

 

OVERVIEW OF PROPOSED AMENDMENT

·      The purpose of the IG district is listed in section 20-216 of the Land Development Code states: “The IG, General Industrial District, is primarily intended to accommodate moderate- and high-impact industrial uses, including large scale or specialized industrial operations requiring good transportation Access and public facilities and services. This district is generally incompatible with residential areas and low-intensity commercial areas.”

·      The City Commission initiated consideration of a request to allow active recreation uses in the IG district with a Special Use Permit on March 1, 2011.

 

CONFORMANCE WITH THE COMPREHENSIVE PLAN

·         This change is generally in conformance with the comprehensive plan by providing the opportunity to create a mix of uses in industrial areas (buildings) that may otherwise be vacant or underutilized.

 

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

Applicant Response

Although not permitted in the IG district, “Active Recreation” is a permitted use in both the IL and IBP industrial zoning districts. The proposed text amendment to allow Active Recreation as a special use in the IG district reconciles the inconsistency between industrial zoning districts, while preserving the City’s ability to review and limit Active Recreation in an IG District through the special use permit application and review process.

 

Staff Response

The development code has been designed with separate districts and distinct purposes. Not all uses are allowed in all districts; however, some uses can be found or located in more than one district and some uses are permitted with the Special Use Permit process in order to review specific site elements. The purpose of the Development Code is intended to implement Horizon 2020 “in a manner that protects, enhances, and promotes the health, safety, and general welfare of the citizens of Lawrence” (20-104 Land Development Code).

 

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

 

Applicant Response

The text amendment is consistent with Horizon 2020. Allowing Active Recreation as a special use, as opposed to requiring the property owner to down-zone the property, is aligned with general strategies and goals of Chapter 7 of Horizon 2020, as follows:

 

a.    Strategy: Protect, enhance, and retain existing industrial-related land use areas serving the community.

b.    Strategy: Encourage site availability, site improvements, and community amenities which best respond to the market demands for industrial and business development while maintain the community objectives for the type and quality of such development.

c.    Goal 1: Encourage the retention, redevelopment and expansion of established industrial and employment-related areas.

d.    Policy 1.1: Retain Established Development and Encourage New Development in Existing industrial and Employment-Related areas.

The use of IG property for Active Recreation pursuant to a special use permit is an opportunity to provide additional transition area between industrial centers and surrounding properties, consistent with Goal 3 of Chapter 7.

 

Staff Response

Horizon 2020 supports a mix of uses as well as appropriate land use transitions between residential uses and intensive non-residential uses.   A key strategy identified in Horizon 2020 is the preservation and retention of industrial related land use areas. Approval of this text amendment allows for the more intensive base district to remain and provides a public process for the consideration of the benefits of allowing a specific use within an industrial area. The primary drawback of this text amendment is the erosion of distinction between the Limited Industrial (IL) and the General Industrial (IG) zoning districts.

 

STAFF DISCUSSION

 

Zoning Districts

The Development Code includes three industrial zoning districts, IBP, IL and IG. These districts are summarized in the following table.

 

INDUSTRIAL DISTRICT COMPARISON
20-214 IBP, Industrial/Business Park District	20-215 IL, Limited Industrial District	20-216 IG, General Industrial District
Purpose The IBP, Industrial/Business Park District, is intended to provide space in attractive and appropriate locations for certain low-impact employment and manufacturing uses in a planned industrial/business park setting.	Purpose The IL, Limited Industrial District, is primarily intended to accommodate low-impact industrial, wholesale and warehouse operations that are employment-intensive and compatible with commercial land uses.	Purpose The IG, General Industrial District, is primarily intended to accommodate moderate- and high-impact industrial uses, including large scale or specialized industrial operations requiring good transportation Access and public facilities and services. The District is generally incompatible with residential areas and low-intensity commercial areas.

 

There are numerous industrial buildings located in the community that are vacant or underutilized. A detailed inventory of industrial land and improvements is not currently available. Industrial buildings are associated with large floor plans, high ceiling clearance and do not necessarily require high interior finish. Older buildings may be more difficult to remodel to accommodate current manufacturing technology or equipment making it more difficult the buildings to remain in industrial service. Additionally, remodels to provide additional exits or restrooms can be easily accommodated because of the openness of floor plans. It is these building characteristics that make these types of buildings desirable for indoor recreation uses.

 

The “Active Recreation” use is currently allowed in the IBP and IL zoning districts subject to site plan approval. Approval of this text amendment would allow the “Active Recreation” use in the IG district subject to a Special Use Review.

 

Special Use Review

Special Use Review provides a “discretionary approval process for uses with unique or widely varying operating characteristics or unusual site development features” (20-1306).

 

The Development Code currently requires “Active Recreation” uses to be approved through a Special Use Review in the CN1, CO, CD, and OS zoning districts. They are allowed in the GPI district as an accessory use with a Special Use Review. The “Active Recreation” use is most typically associated with community recreation buildings and gymnasiums. An example of an active recreation use in the GPI district would be the Indoor Aquatic Center or the Natatorium. Both facilities are an accessory use and represent a city/school district partnership. “Active Recreation” use is allowed in more intensive commercial zoning districts as well as the IBP and IL zoning district without a special use permit subject to site plan approval only. If approved, this text amendment would revise table 20-403 of the Development Code to allow “Active Recreation” in the IG district subject to a Special Use Review.

 

Use History

Prior to 2006 recreation uses were listed in Use Group 15 Amusement, Recreational and Cultural Facilities. These uses were generally defined as uses similar in nature and traffic-generating capacities that appeal to large groups of people or that provide uses with high density (people to space) ratios whose primary intent is one of amusement or recreational pursuits or cultural enrichment.[1]  These uses included:

 

Use Group 15 Amusement, Recreational and Cultural Facilities.
Indoor Recreational Amusement/ Cultural Facilities	Outdoor Amusement Recreational or Cultural Facilities
·           athletic clubs ·           auditorium ·           bowling alley ·           field house ·           game arcade ·           physical cultural center and heath services including spas, gymnasiums, reducing salons, masseur/masseuse, or hot tubs ·           skating rinks ·           commercial swimming pools and indoor theaters	·           baseball park or batting cages ·           golf driving range or miniature golf (20-709, 1966 code)

 

 

These uses were restricted to the commercial districts. However, Use Group 7 Community Facilities Uses (1966 Code) were allowed in all industrial zoning districts. This use group allowed the traditional community facilities as well as commercial oriented uses.

 

Use Group 7 Community Facilities Uses (partial list)
·           art galleries  ·           libraries and museums ·           health centers ·           public community buildings ·           rehabilitation centers ·           schools ·           parks, playground or playfield	·           child care centers ·           clubs or lodges ·           golf course (excluding commercial driving range or pitch and put courses) ·           private recreation facilities ·           studios for professional work or teaching of any form of fine arts (dance studios and martial arts facilities)

 

Land uses and use categories were reorganized with the adoption of the 2006 Development Code. Uses that had been allowed in an industrial district by right or a use such as private recreational facilities with a special permit prior to 2006 are not allowed under the 2006 Development Code. Approval of this text amendment would restore some of the permitted recreation uses previously allowed with the same provision, that a special use review be required. 

 

Recreation Uses

Active Recreation is one of four types of recreation uses defined in Section 20-1755 of the Development Code. A summary of the recreation related land uses are defined in the following table.

 

20-1755 RECREATIONAL FACILITIES Recreational, social, or multi-purpose uses typically associated with parks, play fields, golf courses, or community recreation Buildings.   (1) Active Recreation Areas and facilities used or designed for active or group sports and recreational activities, including spectator areas associated with such facilities. Such areas include but are not limited to: (i) athletic fields and courts, playgrounds and play apparatus; (ii) skating rinks and swimming pools; (iii) boat docks and launches; (iv) zoos; (v) community recreation Buildings, including but not limited to meeting rooms, class or lecture rooms, band shelters or gazebos, and gymnasiums; and (vi) Structures accessory to community recreation uses, such as public restrooms, refreshment stands, concession shops selling sporting goods, and miniature golf.  (2) Passive Recreation Areas used or designed for passive and individual sports and recreational activities. Such areas include but are not limited to: (i) greens and commons; (ii) gardens, arboretums, and conservatories; (iii) pedestrian, Bicycle, and equestrian paths, trails and walkways; (iv) benches, plaza or seating areas, and picnic areas; and (v) golf courses. (3) Nature Preserve/Undeveloped Areas generally or predominantly remaining in a natural or undeveloped State, including natural wildlife and plant habitat areas. Such areas may include: (i) hiking, bicycling, and equestrian trails; and (ii) sitting and picnic areas. (4) Private Recreational Area Areas provided or set aside as open or recreational uses as part of a residential development, including but not limited to Common Open Space.

20-1762 Sports and Recreation, Participant Provision of sports or recreation primarily by and for participants. (Spectators would be incidental and on a nonrecurring basis). The following are participant sports and recreation use types (for either general or personal use): (1)   Indoor Those uses conducted within an enclosed Building. Typical uses include bowling alleys, billiard parlors, swimming pools and physical fitness centers. (2)   Outdoor Those uses conducted in open facilities. Typical uses include driving ranges, miniature golf courses and swimming pools.

20-1725 Entertainment and Spectator Sports Provision of cultural, entertainment, athletic, and other events to spectators. Also includes events involving social or fraternal gatherings. For participant sports, see Section 20-1762.  The following are spectator sports and entertainment use types: (1)   Limited Those uses conducted within an enclosed Building with a capacity of 500 or less people. Typical uses include small theaters and meeting halls. (2)   General Those uses generating an attendance of 501 or more people such as theaters (movie or legitimate), large exhibition halls, field houses, stadiums and sports complexes.

 

The City has a number of public and private recreation facilities providing a wide range of activities. This combination of public and private facilities allows the citizen access to various activities that support public health policies.  “Active Recreation” in the Development Code includes community buildings and gymnasiums. While this use is more often associated with civic buildings, privately operated facilities would be allowed if this text amendment is approved.  This request is intended to address only the “Active Recreation” use.

 

Location of IG zoning

Much of the existing IG zoning was established when the Development Code was adopted in 2006. The following table shows the conversion of the 1966 industrial districts to the 2006 designations.   

 

Previous Map Designation	New Map Designation
I, Industrial Districts
M-1 (Research Industrial District)	IBP (Industrial Business Park)
M-1A (Light Industrial)	IL (Limited Industrial)
M-2 (General Industrial)	IG (General Industrial)
M-3 (Intensive Industrial)	IG (General Industrial)
M-4 (Limited intensive Industrial)[2]	IG (General Industrial)

 

This conversion has resulted in changes in uses allowed to occur on various properties between the old and new codes. Many M-2 properties could be described as having similar characteristics to the new IL district. At the time of the adoption of the Development Code an analysis of the industrial properties had not been completed.  Since 2006 additional study of the industrial districts have resulted in zoning changes on a per parcel basis as requested by property owners. A complete study of all industrial property has not been conducted to date. This text amendment would impact all land zoned IG. An example of the old and new zoning district boundary is provided for review.

 

Zoning prior to 2006	Current Zoning
M-1A provide an industrial park type environment to accommodate a wide range of modern administrative facilities, research institutions, manufacturing plants, warehousing and wholesaling activities…   M-2 designed to accommodate a wide range of manufacturing, wholesaling, warehousing, and other industrial activities of a medium intensity…   M-3 designed to accommodate manufacturing and industrial activities which involve more objectionable influences and hazards. The M-3 district regulations are designed to encourage the use of this district by such industries, subject to the minimum regulations necessary for mutual protection of the permitted uses.	IL The IL, Limited Industrial District, is primarily intended to accommodate low-impact industrial, wholesale and warehouse operations that are employment-intensive and compatible with commercial land uses.           IG The IG, General Industrial District, is primarily intended to accommodate moderate- and high-impact industrial uses, including large scale or specialized industrial operations requiring good transportation Access and public facilities and services. The District is generally incompatible with residential areas and low-intensity commercial areas.

 

Impact on Industrial Inventory

The community has engaged in dialogue regarding industrial inventory and the need to protect and preserve that inventory as well as to identify new properties for employment-related uses. Each property and situation will include unique characteristics. This text amendment, by allowing “Active Recreation” uses subject to a special use review, allows for that individual assessment. Reuse of existing buildings for this use should take precedent over development of raw land. Priority should still be given to industrial tenants versus recreation oriented uses in consideration of a request for “Active Recreation” use. Applications that undermine the industrial land inventory should be critically evaluated. Such application may be appropriately limited for a certain amount of time so that reuse of a building or property can be reintegrated into the industrial land use inventory.  

 

Impact on Community Health

There are many sources and efforts regarding community and public health. The Livewell Lawrence is one such initiative in the community. These efforts seek to bring more opportunities for physical activity to the community. A joint feasibility study (PLAY Study)[3] in 2007 was presented to the city commission that included an “indoor fieldhouse”. A concept plan of the fieldhouse included in the PLAY study is attached to this report for reference.

 

The fieldhouse was identified as the second highest rated venue identified in the PLAY survey. A fieldhouse facility is also included in the City’s Capital Improvement Plan.[4] This facility need was identified as an indoor gym space to expand (Parks and Recreation) programs.  The facility would include 3-4 gyms/multiuse spaces. This need was justified to provide additional programs since a number of private gyms have closed or been sold in the community.  Approval of the request would allow more opportunities for public/private partnerships for programs.

 

Economic Impacts

The PLAY study indicated that economic benefits occur with recreation activity venues and include taxes and salaries as well as activity fees, event fees, rental fees related to parties and practice times,  instruction and similar fees as well as tournaments and leagues that capture tourist dollars. 

 

Any such activity for a specific property should be evaluated with regard to its position in the industrial inventory. Prime industrial properties should not be diverted to non-industrial uses. Such properties should be reserved for manufacturing, warehousing and employment related uses consistent with the primary purpose of the base district.

 

Standards associated with individual requests

It is not inconceivable that a request could be made for raw greenfield development and new construction; however, this activity is a secondary use within an industrial district and more suitable for reuse of the existing building inventory as infill or transitional uses between operating industrial uses and less intense uses in an industrially zoned area. Access, parking and vehicular circulation, as well as separation from truck traffic, should be a significant consideration when evaluating a special use request. This text amendment does not propose to alter Article 5 to add specific standards. Specific conditions are generally site specific and would be reviewed as part of the physical analysis of a site.

 

Staff Recommendation

Staff recommends approval of the amendment to Section 20-403 of the Land Development Code to add “Active Recreation” as a special use in the IG District.

DRAFT CODE TEXT

Changes noted in red and highlight

 

20-403 NONRESIDENTIAL DISTRICT USE TABEL