CITY COMMISSION AGENDA ITEM

Department:	Planning and Development Services		Commission Meeting Date: October 17, 2017
Staff Contact:	Becky Pepper, Planner
Recommendations/Options/Action Requested:
Approve a Text Amendment, TA-17-00495, to the City of Lawrence Land Development Code, to permit nonresidential uses and vertical mixed-use structures in the Tertiary Zone of the MU (Mixed Use) District and adopt on first reading Ordinance No. 9416.
Executive Summary:		The proposed Text Amendment was initiated by the Planning Commission at their August 23, 2017 meeting to permit some nonresidential uses in the Tertiary Development Zone of the Mixed Use District. The Mixed Use District requires that Development Zones be designated with rezoning requests. The Development Zones are hierarchical in terms of development intensity and the zones consist of Primary, Secondary, and Tertiary. The intent of the Mixed Use District is to permit a mix of uses throughout each of the development zones; however the Mixed Use standards lack flexibility in permitting nonresidential uses in the Tertiary Development Zone. The current Mixed Use standards aim to protect residential uses, but the current language restricts all nonresidential uses in areas surrounded by detached dwellings. This restriction includes the nonresidential uses permitted in certain single-family residential zoning districts. This text amendment proposed changes to the Land Development Code, Chapter 20, Article 4, Section 20-403 (Nonresidential Use Table). The proposed changes include updating the nonresidential use table to include a new column for the Tertiary Development Zone of the Mixed Use District to show the uses permitted outright and with approval of a Special Use Permit. This text amendment also proposed changes to Article 11, Sections 20-1108 (General Development Standards for Mixed Use Districts). These changes include revisions to the language to provide a better balance between the compatible uses and design standards. With the proposed text amendment, the appropriateness of a structure would be determined by the existing Density and Dimensional Standards for the Mixed Use District in Article 6, and the appropriateness of a land use would be determined by the nonresidential use table and the Special Use Permit process (if required).   The Planning Commission considered the item at their September 27, 2017 meeting and voted unanimously to forward the rezoning request to the City Commission with a recommendation for approval.
Strategic Plan Critical Success Factor		n/a
Fiscal Impact (Amount/Source):		n/a
Attachments:		Ordinance No. 9416 Planning Commission Staff Report Use Comparison Table Revised Code Sections Planning Commission Minutes

Reviewed By: (for CMO use only)

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