ORDINANCE NO. 9416

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER 20, ARTICLE 4, SECTION 20-403 AND ARTICLE 11, SECTION 20-1108, CODE OF THE CITY OF LAWRENCE, KANSAS, 2015 EDITION, AND AMENDMENTS THERETO, PERTAINING TO MIXED USE DEVELOPMENT, AND REPEALING EXISTING SECTIONS 20-403 AND 20-1108.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1. Chapter 20, Article 4, Section 20-403, of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, is hereby amended to read as follows:

20-403 nonresidential district use table

*Key:* *A = Accessory* *P = Permitted* *S = Special Use* * = Standard Applies *- = Use not allowed*						*Base Zoning Districts*																																													*Use-Specific Standards* *(Sec. 20-)*
				*cn1*		*cn2*			*mu (PRimary/* *secondary)*			*MU (Tertiary)*			co			cd			cc			cr			cs			*ibp*			il			IM			ig			os			*gpi*			h			*Use-Specific Standards* *(Sec. 20-)*
			Residential Use Group
	Household Living	Accessory Dwelling			P*			–			P*			P*			–			–			–			–			–			–			–			–			–			–			–			–			534
		Attached Dwelling			P*			–			P*			P*			–			–			–			–			–			–			–			–			–			–			P*			–			503
		Cluster Dwelling			–			–			–			--			–			–			–			–			–			–			–			–			–			–			–			–			702
		Detached Dwelling			P*			–			P --			P			–			–			–			–			–			–			–			–			–			–			P*			A*			508
		Duplex			P*			–			P*			P*			–			–			–			–			–			–			–			–			–			–			–			–			503
		Manufactured Home			–			–			–			--			–			–			–			–			–			–			–			–			–			–			P			A
		Manufactured Home, Residential-Design			P*			–			–			P			–			–			–			–			–			–			–			–			–			–			–			–			513
		Mobile Home			–			–			–			--			–			–			–			–			–			–			P			–			P			–			P			A
		Mobile Home Park			–			–			–			--			–			–			–			–			–			–			–			–			–			–			–			–
		Multi-Dwelling Structure			–			P*			P*			P*			–			P/S			P*						P*			–			–			–			–			–			S			A			517
		Non-Ground Floor Dwelling			P*			P*			P*			P*			–			P*			P*			–			P*			–			–			–			–			–			–			–			517/542
		Work/Live Unit			P*			P*			P*			P*			–			P/S			P*			–			P*			–			P*			–			–			–			–			–			517/541
		Zero Lot Line Dwelling			P*			–			P			P			–			–			–			–			–			–			–			–			–			–			–			–			531
		Home Occupation, Type A or B			–			–			A*			A*			–			–			–			–			–			–			–			–			–			–			–			–			537
	Group Living	Assisted Living			–			–			P			P			–			–			–			–			–			–			–			–			–			–			S			S
		Congregate Living			–			–			P*			S*			–			–			–			–			–			–			–			–			–			–			–			–			546
		Dormitory			–			–			–			--			–			–			–			–			–			–			–			–			–			–			–			A
		Fraternity or Sorority House			–			–			–			--			–			–			–			–			–			–			–			–			–			–			–			–
		Group Home, General (11 or more)			S			S			S			S			S			S			S			S			S			–			–			–			–			–			–			A
		Group Home, Limited (10 or less)			P			–			P			P			–			–			–			–			–			–			–			–			–			–			–			–
			Public and Civic Use Group
		College/University			S			P			P			S			P			P			P			P			P			P			P			–			P			–			P			A
		Cultural Center/ Library			S			P			P			S			S			P			P			–			–			P			–			–			–			S			P			A
		Day Care Center			S*			P*			S*			S*			S*			S*			P*			P*			P*			P*			P*			A*			P*			–			–			–			507
		Day Care Home, Class A			P			P			P* A*			A*			–			P			P			–			P			–			–			–			–			–			–			–
		Day Care Home, Class B			S/A			P*			S*			S*			–			P			P			–			P			–			–			–			–			–			–			–			507
		Detention Facilities			–			–			–			--			–			–			–			–			–			–			S			S			S			–			S			–
		Event Center, Small			S			S			P			S			P			P			P			P			P			P			P												S
		Event Center, Large									S			--			S			P			P			P			P			P			P												S
		Lodge, Fraternal & Civic Assembly			S*			S*			S*			S*			S*			P*			P*			P*			P*			–			P*			–			–			–			P*			–			512
		Postal & Parcel Service			–			P			P			--			P			P			P			P			P			P			P			P			P			–			P			–
		Public Safety			S			P			P			S			P			P			P			P			P			P			P			P			P			–			P			–
		School			P			P			P			S			P			P			P			P			P			–			–			–			–			–			P			–
		Active Funeral and Interment			–			P*			–			--			P*			P*			P*			P*			P*			P*			P*			–			–			A*			–			–			505
		Passive Funeral and Interment			A*			A*			A*			A*			A*			A*			A*			A*			A*			_			A*			_			_			P/A			A*			_			505
		Temporary Shelter			S/A			S/A			S/A			S/A			S/A			S/A			S/A			S/A			S/A			S*			S/A			–			S*			–			S*			S/A			544/522
		Social Service Agency			P			P			P			P			P			P			P			P			P			P			P			–			P			–			P			A
		Community Meal Program			S/A*			S/A*			S/A*			A*			S/A*			S/A*			S/A*			S/A*			S/A*			S			S/A*			–			S			–			S			S/A*			522
		Utilities, Minor			P/S			P/S			P*/S			P/S			P/S			P/S			P/S			P/S			P/S			P/S			P/S			P/S			P/S			P/S			P/S			–			530
		Utilities and Service, Major			S			S			S			S			S			S			S			S			S			S			S			P			P			S			P			–
	Medical Facilities	Community Mental Health Facility			--			--			--			--			--			--			--			--			--			--			--			--			--			--			P			--
		Extended Care Facility, General			–			S			– P			S			S			–			–			–			–			S			–			–			–			–			–			A
		Extended Care Facility, Limited			P			P			P			P			P			–			–			–			–			–			–			–			–			–			S			A
		Health Care Office, Health Care Clinic			P			S			P			P			P			P			P			P			P			P			P			–			–			–			P			A
		Hospital			–			–			–			--			–			–			–			–			–			–			–			–			–			–			–			P
		Outpatient Care Facility			P*			P*			P*			P*			P*			P*			P*			P*			P*			–			-			–			–			–			P*			A*			519
	Recreational Facilities	Active Recreation			S			P			P			S			S			S			P			P			P			P			P			–			S			S			A/S			A			532
		Entertainment & Spectator Sports, General			–			–			–			--			–			P			P			P			P			–			–			–			–			–			S			–
		Entertainment & Spectator Sports, Limited			–			P			P			--			–			P			P			P			P			–			–			–			–			S			P			–
		Participant Sports & Recreation, Indoor			–			P			P			--			–			P			P			P			P			P			P			–			–			–			P			A
		Participant Sports & Recreation, Outdoor			–			–			S			--			–			–			P			P			P			P			P			–			–			–			A/S			–			532
		Passive Recreation			P			P			P			P			P			P			P			P			P			P			P			P			P			P			P			A
		Nature Preserve/ Undeveloped			P			P			P			P			P			P			P			P			P			P			P			P			P			P			P			A
		Private Recreation			P			P			P			P			–			P			P			–			P			–			–			–			–			P			P			A
	Religious Assembly	Campus or Community Institution			P*			P*			P*			S*			P*			P*			P*			P*			P*			–			P*			–			–			–			–			A*			522
	Religious Assembly	Neighborhood Institution			P*			P*			P*			P*			P*			P*			P*			P*			P*			–			P*			–			–			–			–			–			522
			COMMERCIAL USE GROUP
	Animal Services	Kennel			–			–			–			--			–			–			P			P			P			–			P			–			P			–			–			–
		Livestock Sale			–			–			–			--			–			–			S			S			S			–			P			–			P			–			–			–
		Sales and Grooming			P			P			P			S			P			P			P			P			P			–			P			–			P			–			–			–
		Veterinary			–			P			P			P			P			P			P			P			P			P			P			–			P			–			–			–
	Eating & Drinking Establishments	Accessory Bar			A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			–			–			–			–			–			509
		Accessory Restaurant			–			–			–			--			–			–			–			–			–			A			–			–			–			–			–			–
		Bar or Lounge			–			P/S*			S*			--			–			P*			P*			P*			P*			–			–			–			–			–			–			–			509
		Brewpub			–			P*			S*			--			–			P*			P*			P*			P*			–			–			–			–			–			–			–			509
		Fast Order Food			P*			P*			P			--			P*			P*			P*			P*			P*			–			P*			–			–			–			–			A*			511/509
		Fast Order Food, Drive-In			–			S			–			--			–			–			P			P			P			–			P			–			–			–			–			–
		Nightclub			–			–			–			--			–			P*			–			P*			P*			–			–			–			–			–			–			–			509
		Private Dining Establishments			P*			P*			– P			S			P*			P*			P*			P*			P*			P*			–			–			–			–			–			–			539
		Restaurant, Quality			P*			P*			P			S			P*			P*			P*			P*			P*			P*			P*			–			–			–			–			–			524
	Office	Administrative and Professional			P*			P			P*			P*			P			P			P			P			P			P			P			A			P			–			P			A			518
		Financial, Insurance & Real Estate			P*			P			P			P			P			P			P			P			P			P			P			–			–			–			–			A			510
		Payday Advance, Car Title Loan Business			P*			P			P			P			P			P			P			P			P			P			P			--			--			--			--			A			510
		Other			P			P			P*			P*			P			P			P			P			P			P			P			A			P			–			–			–			543
	Parking Facilities	Accessory			A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			535
	Parking Facilities	Commercial			–			S			S			--			S			S			P			P			P			P			P			P			P			–			P			A
	Retail Sales & Service	Agricultural Sales			–			–			–			--			–			–			P			P			P			–			P			–			P			–			–			–
		Building Maintenance			–			P			S			--			–			P			P			P			P			–			P			P			P			–			A			A
		Business Equipment			–			P			P			S			–			P			P			P			P			P			P			P			–			–			–			–
		Business Support			–			P			P			S			P			P			P			P			P			P			P			P			P			–			–			A
		Construction Sales and Service			–			–			–			--			–			–			P			P			P			–			P			–			P			–			–			A
		Food and Beverage			P*			P*			P*			--			P*			P*			P*			P*			P*			–			P*			–			–			–			–			A*			511
		Mixed Media Store			P*			P*			P*			--			P*			P*			P*			P*			P*			–			P*			–			–			–			–			–			516/528
		Personal Convenience Services			P*			P			P			P			–			P			P			P			P			–			P			–			–			–			–			A			520
		Personal Improvement Services			P*			P			P			P			–			P			P			P			P			–			P			–			–			–			A			A			521
		Repair Service, Consumer			P*			P*			P*			S*			–			P*			P*			P*			P*			–			P*			–			–			–			–			–			523
		Retail Sales, General			P*			P*			P*			S*			P*			P*			P*			P*			P*			–			P*			–			–			–			–			A*			525
		Retail Establishment, Large			–			–			–			--			–			–			P*			P*			S*			–			–			–			–			–			–			–			526
		Retail Establishment, Medium			–			P*			P*			--			–			P*			P*			P*			P*			–			–			–			–			–			–			–			526
		Retail Establishment, Specialty			–			P*			P*			--			–			P*			P*			P*			P*			–			–			–			–			–			–			–			526
	Sexually Oriented Businesses	Sexually Oriented Media Store			–			–			P*			--			–			–			-			-			-			–			–			–			-			–			–			–			528
		Physical Sexually Oriented Business			–			–			–			--			–			–			–			–			–			–			–			–			–			–			–			–			528
		Sex Shop			–			–			–			--			–			–			P*			P*			P*			–			–			–			–			–			–			–			528
		Sexually Oriented Theater			–			–			–			--			–			–			P*			P*			P*			–			–			–			–			–			–			–			528
	Transient Accommodation	Bed and Breakfast			P*			–			P*			S*			–			–			–			–			–			–			–			–			–			–			–			–			504
		Campground			–			–			–			--			–			–			P			P			P			–			–			–			–			S			–			–
		Hotel, Motel, Extended Stay			–			–			P			--			–			P			P			P			P			–			P			–			–			–			–			A
	Vehicle Sales & Service	Cleaning (Car Wash)			–			S			–			--			–			–			P			P			P			–			P			A			P			–			–			–
		Fleet Storage			–			–			–			--			–			–			P			P			P			–			P			P			P			–			–			A
		Gas and Fuel Sales			–			S			S			--			–			–			P			P			P			–			P			P			P			–			–			–
		Truck Stop			–			–			–			--			–			–			–			S			–			–			–			–			S			–			–			–
		Heavy Equipment Repair			–			–			–			--			–			–			P			P			P			–			P			P			P			–			–			–
		Heavy Equipment Sales/Rental			–			–			–			--			–			–			P			P			P			–			P			–			P			–			–			–
		Inoperable Vehicles Storage			–			–			–			--			–			–			P			P			P			–			P			P			P			–			–			–
		Light Equipment Repair			–			S			–			--			–			S			P			P			P			–			P			–			P			–			–			–
		Light Equipment Sales/Rental			–			P*			–			--			–			S			P			P			P			–			P			–			P			–			–			–			545
		RV and Boats Storage			–			–			–			--			–			–			P			P			P			–			P			–			P			–			–			–
			INDustrial use group
	Industrial Facilities	Explosive Storage			–			–			–			--			–			–			–			–			–			–			–			–			P			–			–			–
		Industrial, General			–			–			–			--			–			–			–			–			–			–			P			P			P			–			–			–
		Industrial, Intensive			–			–			–			--			–			–			–			–			–			–			–			–			P			–			–			–
		Laundry Service			–			–			–			--			–			–			P			P			P			–			P			P			P			–			–			–
		Maker Space, Limited			P			P			P			S			P			P			P			P			P			P			P			P			P			--			A/S			--
		Maker Space, Intensive			--			S			S			--			S			S			S			S			S			P			P			P			P			--			A/S			--
		Manufacturing & Production, Ltd.			–			–			P			S			–			S			S			S			S			P			P			P			P			–			–			–
		Manufacturing & Production, Tech.			–			–			–			--			–			S			P			P			P			P			P			P			P			–			–			–
		Research Service			–			–			– P			S			S			S			P			P			P			P			P			P			P			–			–			–
		Scrap and Salvage Operation			–			–			–			--			–			–			–			–			–			–			S*			–			S*			–			–			–			527
	Wholesale, Storage & Distribution	Exterior Storage			–			–			–			--			–			–			A*			A*			A*			A*			A*			A*			A*			–			A*			A*			538
		Heavy			–			–			–			--			–			–			S			S			S			–			S			–			P			–			–			–
		Light			–			–			–			--			–			–			P			P			P			P			P			P			P			–			S			–
		Mini-Warehouse			–			–			–			--			–			–			P			P			P			–			P			–			P			–			–			–
			Other USES GROUP
	Adaptive Reuse	Designated Historic Property			S*		S*			S*			S*			S*			S*			S*			S*			S*			S*			S*			S*			S*			S*			S*			S*			501
	Adaptive Reuse	Greek Housing Unit			–		–			–			--			–			–			–			–			–			–			–			–			–			–			–			–
	Urban Agriculture	Agriculture, Crop			P		P			P			P			P			P			P			P			P			P			P			P			P			P			P			P			533, 548
		Agriculture, Large Animal			–		–			–			--			–			–			–			–			–			–			–			–			–			–			–			–
		Agriculture, Small Animal			A*		A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			–			533, 547
		Farmers Market			P		P			P			S			P			P			P			P			P			P			P			S			S			S			A			-			549
		On-Site Agricultural Sales			A*		A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			–			550
		Urban Farm			–		–			–			--			–			–			–			–			–			–			P*			P*			P*			–			–			–			533, 554
	Communications Facilities	Amateur & Receive-Only Antennas			A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			536
		Broadcasting Tower			–			–			–			--			–			S			–			–			–			P			P			P			P			–			–			A
		Communications Service Establishment			P			P			P			P			P			P			P			P			P			P			P			–			P			–			P			A
		Wireless Facility - Antenna			A*			A*			A*			A*			A*			S*			A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			529
		Wireless Support Structure			S*			S*			S*			S*			S*			S*			S*			S*			S*			S*			S*			P*			S*			S*			A*			A*			529
		Satellite Dish			A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			A*			536
	Mining	Mining			–			–			–			--			–			–			–			–			–			–			–			–			S*			–			–			–			515
	Recycling Facilities	Large Collection			–			–			–			--			–			–			P			P			P			–			P			P			P			–			–			–			540
		Small Collection			P			P			P*			S*			P			P			P			P			P			P			P			–			P			–			A			A			540
		Processing Center			–			–			–			--			–			–			–			–			–			–			S			S			S			–			–			–

SECTION 2. Chapter 20, Article 11, Section 20-1108 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, is hereby amended to read as follows:

20-1108 General Development Standards for Mixed Use (MU) Districts

(a) Where Appropriate

The Mixed Use District zoning classification may not be appropriate in all areas of the City of Lawrence. To be eligible for rezoning to the Mixed Use District, a site proposed for Mixed-Use development shall be:

(1) Within one-quarter of a mile of Designated Transit Route at the time the rezoning is initiated; and

(2) Near or adjacent to the intersection of Arterial Streets as per the adopted Major Thoroughfares Map; or

(3) Within one-quarter of a mile of university campuses; or

(4) Within one-quarter of a mile of downtown, the boundaries of which are described in Chapter 6 of Horizon 2020; or

(5) Immediately adjacent to public parks or open space; or

(6) An existing nonresidential development proposed for redevelopment.

(b) Alterations to Designated Transit Routes

The provisions of Section 20-1108(a)(1) shall apply to Mixed Use development in the MU Zoning District. If the Designated Transit Route is altered such that it is no longer within one-quarter of a mile of a Mixed-Use development, then an approved Mixed Use development shall not be made a nonconforming use.

(c) Compatibility

Mixed Use developments shall be compatible with existing development which surrounds the proposed Mixed-Use development. Compatibility is best achieved through a transition in Building form, Scale and intensity, as well as ~~rather than~~ through uses, peripheral buffers or Landscaping. In furtherance of this purpose, development zones shall be designated on the property proposed for the Mixed Use development. Such zones shall be designated to govern the permitted Density, Building Height and Building Scale and to assure compatibility between the proposed development and surrounding existing development.

(d) Applicability

The provisions of this section shall apply to all construction and development in the Mixed Use District, except as expressly exempted in this section.

(1) Any Structure(s) which existed prior to being rezoned to the Mixed Use District may become nonconforming with regard to the Development standards of Section 20-1108. Such Structures, if involuntarily damaged or destroyed may be reconstructed as they existed if and only if a building permit for the restoration is obtained within 12 months of the date of the occurrence of the damage and once issued, construction shall be diligently pursued.

(2) Structures which existed prior to being rezoned to the Mixed Use District shall be allowed to remain as developed until such Structure is proposed to be demolished and redeveloped, improved or modified as a Major Development Project. Improvements or modifications proposed and approved as a Minor or Standard Development Project are required to be compliant with the standards of this section, the Development Code and/or the Commercial Design Standards, unless otherwise determined by the Planning Director.

(3) The intensification of the use in Structures which existed prior to being rezoned to the MU District that increases the off-street parking requirements shall not constitute a Major Development Project.

(4) If a use exists at the time of a zoning map amendment to the MU district, but is regulated as a Special Use upon adoption of the zoning map amendment to the MU District, the use will be considered an approved Special Use and will be allowed to continue without a separate public hearing for the Special Use. Any alterations or expansions of the use are subject to the Special Use amendment procedures of Section 20-1306.

(e) Mixed Use Development

Development in the Mixed Use District shall include a mixture of residential and nonresidential uses together in one Structure or in separate Structures, designed to form a pedestrian-Scale environment.

(f) Development Zones

Development zones govern permitted Density on the site as well as Building Height, Scale and form. The three development zones are hierarchical in terms of development intensity permitted. A proposal to rezone to the MU District need not designate all three development zones. Development zones shall be designated to ensure compatibility with surrounding existing development. In cases where a rezoning to the MU District is proposed for a site which has adjacent RS zoning ~~is surrounded by existing detached residential development~~, a Tertiary Development Zone shall be required to be designated adjacent to such zoning ~~existing development~~ in order to ensure compatibility of height, scale, use and form.

(1) Primary Development Zone

The Primary Development Zone is that area of land within a Mixed Use development which is designated for the most intense development allowed by the District. Primary Development Zones shall contain Vertical Mixed Use Structures with a mixture of both residential and nonresidential uses and no interruption of Building Frontage along the Public Frontage. Where a Primary Development Zone fronts upon a Public Frontage, such area shall be designated as Primary Public Frontage. A Primary Public Frontage shall be designed to accommodate heavy pedestrian traffic and ground-level nonresidential uses. Residential uses shall not be permitted on the ground level of Structures in the Primary Development Zone.

(2) Secondary Development Zone

The Secondary Development Zone is that area of land within a Mixed Use development which is designated for less-intense development, relative to that permitted by a Primary Development Zone. Secondary Development Zones may contain Vertical Mixed Use Structures, Horizontal Mixed Use Structures or single-use Structures with interruption of Building Frontage along the Public Frontage allowed only for Access to Parking Areas, for Alleys or service lanes. Where a Secondary Development Zone fronts a Public Frontage such area shall be designated as Secondary Public Frontage. A Secondary Public Frontage shall be designed to accommodate moderate amounts of pedestrian traffic, and if planned, vehicular Access to Parking Areas and service lanes in a manner that minimizes pedestrian-vehicular conflict. Secondary Development Zones may contain both nonresidential ground-level uses as well as ground level residential uses.

(3) Tertiary Development Zone

The Tertiary Development Zone is that area of land within a Mixed Use development which is designated for the least-intense development, relative to that permitted in the other zones per the Density and Dimensional standards of Article 6. Tertiary Development Zones shall permit a development intensity which is no greater than that of surrounding existing development. Such zones shall permit a development form which is consistent with that of surrounding existing development (i.e. two-Story detached residential Dwellings across the street from existing Structures which are of the same form, etc.). Nonresidential uses shall only be permitted in a Tertiary Development Zone if the existing surrounding development contains such nonresidential uses. A Tertiary Development Zone shall only permit a residential use type which exists in surrounding development.

(g) Designation of Development Zones

The applicant for any rezoning to the MU District shall propose development zones for the entire site proposed to be rezoned. The proposed designation shall be included with the application for rezoning. No application for rezoning to the MU District shall be considered complete and sufficient without this information. The proposed designation shall include, at a minimum, the following information:

(1) A plan or graphic representation depicting the location and arrangement of each proposed development zone for the entire site proposed to be rezoned. The plan or graphic shall include the following:

(i) A general location map showing the subject property’s location;

(ii) Existing and proposed Lot lines on the subject property;

(iii) Existing and proposed rights-of-ways of the subject property;

(iv) The existing zoning and land use of the subject property;

(v) The existing zoning and land use of surrounding properties;

(vi) The Height and Floor Area footprint of individual Structures in surrounding existing development;

(vii) The Building form (i.e. Vertical Mixed Use Structure, Horizontal Mixed Use Structure, Attached Structure or Detached Structure) of surrounding existing development;

(viii) A written narrative describing how each development zone proposed is compatible with surrounding existing development in terms of Building Height, Building form, and land use.

(h) Public Frontage Form Standards

In order to ensure the design of pedestrian-oriented Mixed Use developments, each development proposed shall comply with the following standards based upon the applicable Public Frontage. The site plan proposed shall clearly demonstrate that the following Public Frontage form standards are satisfied.

(1) Primary Public Frontages

A Primary Public Frontage shall be planned and designed for all Public Frontages in association with any designated Primary Development Zone. The site plan shall demonstrate that each Primary Public Frontage is planned and designed in accordance with the standards shown below.

(2) Secondary Public Frontages

A Secondary Public Frontage shall be planned and designed for all Public Frontages in association with any designated Secondary Development Zone. The site plan shall demonstrate that each Secondary Public Frontage is planned and designed in accordance with the standards shown below.

(3) Tertiary Public Frontages

A Tertiary Public Frontage shall be planned and designed for all Public Frontages in association with any designated Tertiary Development Zone. The site plan shall demonstrate that each Tertiary Public Frontage is planned and designed in accordance with the standards shown below.

(4) Deviations

Deviations from these Public Frontage form standards may be granted by the Planning Director during site plan review in the following circumstances:

(i) The width of the Subsurface Utility Zone and Root System Zone may be altered based upon a recommendation by the City Utility Department and/or Parks and Recreation Department staff in order to resolve a conflict between placement of trees, Landscaping and utilities;

(ii) The width of the any above-surface zone may be altered by the Planning Director if he/she determines that such alteration promotes pedestrian safety.

(i) Pedestrian and Vehicular Access

In areas designated as the Primary Public Frontage, vehicular Access to individual Lots may be permitted only from a public Alley. In areas designated as Secondary Public Frontage or Tertiary Public Frontage, vehicular Access may be permitted from the Alley or Street. Pedestrian Access shall be permitted from the Street, public Alley or pathway.

(j) Building Form & Use Standards

The following Building forms shall be permitted in the Mixed Use District:

(1) Vertical Mixed Use Structures

Such Structures shall be a minimum of two stories in Height above Grade and shall contain both nonresidential uses and residential uses distributed vertically throughout the Structure.

(i) Where Permitted

New construction of Vertical Mixed Use Structures shall only be permitted in the Primary Development Zone and Secondary Development Zone. Development of existing multi-story buildings as Vertical Mixed Use Structures is permitted in the Tertiary Development Zone. The Density and dimensional standards of Article 6 for each development zone shall apply.

(ii) Nonresidential Uses

Any permitted nonresidential use may be located in a Vertical Mixed Use Structure.

(iii) Location of Nonresidential Uses

The ground-level or street-level of Vertical Mixed Use Structures shall be designed, constructed, and reserved for occupation by nonresidential uses.

(iv) Residential Uses

Non-Ground Floor Dwelling(s) shall be permitted in Vertical Mixed Use Structures. Work/Live Units are permitted when the nonresidential component of the unit occupies the Building Frontage.

(2) Horizontal Mixed Use Structures

Such Structures shall contain a mixture of nonresidential uses and residential uses distributed horizontally throughout the Structure. The location of the uses within as Horizontal Mixed Use Structure shall be as follows.

(i) Where Permitted

Horizontal Mixed Use Structures shall only be permitted in the Secondary Development Zone and the Tertiary Development Zone. The Density and dimensional standards of Article 6 for each development zone shall apply.

(ii) Nonresidential Uses

Any permitted nonresidential use may be located in a Horizontal Mixed Use Structure.

(iii) Location of Nonresidential Uses

The Building Frontage of a Horizontal Mixed Use Structure shall be designed, constructed, and reserved for occupation by nonresidential uses.

(iv) Residential Uses

Attached Dwellings shall be permitted in Horizontal Mixed Use Structures. Live/Work Unit(s) are permitted in Horizontal Mixed Use Structures with direct internal Access between the residential and nonresidential components of the unit, however, the nonresidential component of the unit must occupy the Building Frontage with the residential component of the unit located behind the nonresidential component.

(3) Attached Structures

Such Structures are designed to contain either nonresidential or residential use(s). Such Structures are not designed to contain both residential and nonresidential uses and therefore are not considered to be Mixed Use Structures. Attached Structures may contain a variety of nonresidential uses (such as retail and office) or a variety of residential uses (such as townhomes or row homes, i.e. Attached Dwellings).

(i) Where Permitted

Attached Structures shall only be permitted in the Secondary Development Zone and the Tertiary Development Zone. The Density and dimensional standards of Article 6 for each development zone shall apply.

(4) Detached Structures

Such Structures are designed to contain either a single nonresidential or a single residential use. Such Structures are designed to contain a single use.

(i) Where Permitted

Detached Structures shall only be permitted in the Tertiary Development Zone. ~~Detached residential Structures (i.e. Detached Dwellings) shall be required in Tertiary Development Zones when surrounding existing Structures are of the same form.~~

(k) Parking Area Standards

The following Automobile and Bicycle Parking provisions apply to all development in the MU District in addition to the provisions of Article 9 not described below. If the provisions of Article 9 conflict or are inconsistent with any of the provisions within this Section, the regulations of this Section shall apply.

(1) Required Automobile Parking

(i) Provision of On-Street Parking

On-Street parking shall be counted toward the minimum off-Street parking requirements for a given use as per Section 20-902. On-Street Parking may be provided on all Streets forming the perimeter boundary of or within a Mixed Use development with the exception of Streets classified as Principal Arterial Streets according to the adopted Major Thoroughfares Map of the City of Lawrence. When a Principal Arterial Street forms the perimeter boundary of, or is contained within a Mixed Use development parking may be designed in the form of a Slip Road as approved by the City Engineer.

(ii) Shared Off-Street Parking

The applicant may elect to use the Shared Parking provisions of Section 20-909 to calculate the required parking for the Mixed Use development. All uses within Mixed Use development, except Detached Dwellings on individual Lots are encouraged to share parking rather than provide parking on a use by use basis on individual properties.

(iii) Location of Off-Street Parking Areas

Parking Areas shall not be permitted in a designated Primary Development Zone. All Parking Areas shall be located within the site area of the Mixed Use development and within 1,320 feet of any use for which it is designated to provide parking. Parking Areas shall be located in accordance with the provisions of Section 20-908(c).

(iv) Access to Off-Street Parking Areas

Access to a Parking Area shall not be permitted through a designated Primary Public Frontage.

(2) Bicycle Parking Areas

The provisions of Article 9 shall apply.

(l) Development Bonuses

A development bonus is an incentive-based tool that permits an increase in the allowable development potential of a property in exchange for helping the community achieve goals as stated in the Lawrence/Douglas County Comprehensive Land Use Plan. Mixed Use developments in the MU District which contain features it identified as public goals in the table below may be eligible to increase development potential based upon the number of points earned. The applicant shall make a request for development bonus(es) in writing with the site plan application. The request shall state the goal(s) provided, points earned and development bonus redeemed for the points earned. Such information shall also be stated on the approved site plan.

Public Goal	Points Earned
Goal I: Provision of Moderately-Priced Dwelling Units
Percentage of all Dwelling Units which are considered to be Moderately-Priced Dwelling Units	100 points for the first 10%; PLUS 10 points for each 1% provided in addition to 10%
Goal II: Provision of a variety of housing types
At least two (2) of the following five (5) housing types must be provided in order to redeem points.
Non-Ground Floor Dwellings	25 if two (2) of the types are provided; 50 if three (3) of the types are provided; 75 if four(4) of the types are provided; 100 if five (5) of the types are provided;
Attached Dwellings
Live/Work Units
Assisted Living or Independent Living
Zero-Lot Line Dwellings
*The points earned for provision of the above-mentioned goals may be combined
Goal III: Provision of transit-supportive development
Location adjacent to Designated Transit Stop	100 points if located directly adjacent to a transit stop and if stop is integrated into the Mixed Use Development and transit stop/pedestrian amenities are provided.
Goal IV: Ensuring availability of adequate public facilities
Location within ½ mile of a fire station	10 points
Location within 1 mile of a police station	10 points
Location within ¼ mile of a public park or open space	25 points
Location within ¼ mile of a school or cultural center	25 points
Redevelopment of an existing commercial or nonresidential center with adequate utility and transportation infrastructure to support redevelopment	75 points
Location adjacent to the intersection of two streets classified as either Minor Arterial or Principal Arterial according to the adopted Major Thoroughfares Map	15 points
Goal V: Ensuring Protection of Environmental Quality
Provision of a green roof or rooftop garden to control stormwater runoff (determination of materials used to constitute a green roof or rooftop garden shall be made by the City Stormwater Engineer)	75 points
Provision of a stormwater best management practice as per the adopted BMP Manual	25 to 50 points (as determined by the City’s Stormwater Engineer)
Construction of a Structure with LEED (Leadership in Energy Efficient Design) Certification	100 points per mixed-use Structure certified;
Construction of a residential Structure with ENERGY STAR Certification	25 points per attached or detached Dwelling certified;
Protection of Sensitive Land Features as per Section 20-1101(d)(4) otherwise not required to be protected or preserved	25 points per feature preserved

(m) Redemption of Development Bonus

(1) Increase in Residential Density

In a designated Primary Development Zone, the maximum residential Density permitted as stated in Section 20-601(c) may be increased at the rate of 1 additional Dwelling Unit per acre for every 10 points earned. For instance, if a development proposal earns 20 points an additional 2 Dwelling Units per acre may be constructed (for a total of 34) in the Primary Development Zone. Points earned in any development zone may be transferred to the Primary Development Zone for redemption.

(2) Increase in Building Height

In a designated Primary Development Zone, Building Height may be increased above the permitted maximum Height as stated in Section 20-601(c) at the rate of 12 feet for every 100 points earned. Points earned in any development zone may be transferred to the Primary Development Zone for redemption.

(3) Increase in Building Coverage above Maximum

In the Secondary Development Zone, Building coverage may be increased above the maximum permitted as per Section 20-601(c) up to 100% coverage for 75 points earned. Only those points earned through provision of features of Goal V may be redeemed for an increase in Building coverage.

(4) Reduction in Minimum Parking Requirement

The minimum number of Parking Spaces required may be reduced at a rate of 1 Parking Space for every 5 points earned. Only those points earned through provision of features of Goal III may be redeemed for a reduction in the minimum parking requirement.

(5) Increase in Impervious Surface Coverage above Maximum

In the Secondary Development Zone, Impervious Surface coverage may be increased above the maximum permitted as per Section 20-601(c) up to 100% coverage for 75 points earned. Only those points earned through provision of a feature of Goal V may be redeemed for an increase in Building coverage.

(n) Terms Defined

The following terminology is used frequently in this Section and is provided below for reference.

Building Frontage	That portion of a Building or Structure that is adjacent to or faces the Public Frontage.
Clear Zone	An area designated within the Public Frontage of a Mixed Use Project which reserves space for a sidewalk. The Clear Zone shall be clear of any obstruction to a minimum height of eight (8) above Grade.
Designated Transit Route	Any bus route identified on the route map published by the Lawrence Transit System or KU on Wheels transit system.
Development Zone, Primary	Land area in a Mixed Use development designated at time of rezoning to the Mixed Use District and reserved for the most intense development proposed for the Mixed Use development.
Development Zone, Secondary	Land area in a Mixed Use development designated at time of rezoning to the Mixed Use District and reserved for less intense development than the Primary Development Zone, but more intense development than the Tertiary Development Zone. The Secondary Development Zone may serve as a transitional zone within a larger Mixed Use Development.
Development Zone, Tertiary	Land area in a Mixed Use development designated at time of rezoning to the Mixed Use District and reserved for the least intense development proposed for the Mixed Use development.
Light Court	An area within the Public Frontage in a Mixed Use development adjacent to the Building Frontage which provides a means of outdoor light to reach an underground level of a Structure. It may also provide a means of emergency exit from the Structure but shall not serve as a primary entrance or exit to the Structure.
Massing	The size and shape of Structure(s) individually and their arrangements relative to other Structure(s).
Mixed Use Structure, Horizontal	A Building or Structure containing two or more different uses distributed horizontally throughout the Structure.
Mixed Use Structure, Vertical	A Building or Structure, a minimum of two stories in Height, containing two or more different uses distributed vertically throughout the Structure.
Moderately-Priced Dwelling Unit	A Dwelling Unit marketed and reserved for occupancy by a household whose income is equal to or less than 80% of the City of Lawrence’s median household income, as defined by the most current U.S. Department of Housing and Urban Development (HUD) guidelines.
Non-Ground Floor Dwelling(s)	Residential Dwelling(s) permitted in any Vertical Mixed Use Structure which are located above the ground level or first level of the Structure or below the ground level or first level of a Structure and do not have direct internal Access to a nonresidential use.
Outdoor Use Zone	An area designated for outdoor use by a nonresidential or residential tenant within the Public Frontage in a Mixed Use development. At ground level, Outdoor Use Zones may include sidewalk dining, sidewalk sales, product demonstrations or any use Accessory and incidental to a permitted nonresidential use in the Mixed Use District. Outdoor Use Zones may also include upper level uses such as balconies or terraces as well as Building-mounted signs.
Public Frontage	The publicly-owned layer between the Lot line or Street Line and the edge of the vehicular lanes. The Public Frontage may include sidewalks, street planters, trees and other vegetated Landscaping, benches, lamp posts, and other street furniture.
Public Frontage, Primary	The Public Frontage along a designated Primary Development Zone. Primary Public Frontages are commonly associated with pedestrian-oriented urban commercial and retail areas in Mixed Use settings. They are commonly served by or are Accessible to public transit and may contain medium to high residential densities and Vertical Mixed Use Structures. Primary Public Frontages are designed to accommodate heavy pedestrian traffic, street vendors and sidewalk dining and typically consist of a sidewalk or clear area paved from the back of curb of the Thoroughfare to the Building Frontage or Right-of-way line, reserving space for street furniture.
Public Frontage, Secondary	The Public Frontage along a designated Secondary Development Zone. Secondary Public Frontages are commonly associated with pedestrian-oriented Thoroughfares and Mixed Use settings. They are designed to accommodate moderate amounts of pedestrian traffic and typically consist of a sidewalk or clear area adjacent to the Building Frontage or Right-of-way line, reserving space for street furniture, and a landscaped strip with street trees between the back of curb of the Thoroughfare and the sidewalk or clear area.
Public Frontage, Tertiary	The Public Frontage along a designated Tertiary Development Zone. Tertiary Public Frontages are commonly associated with pedestrian-friendly Thoroughfares in lower intensity mixed residential settings, consisting of a 5’ wide sidewalk and street trees. Tertiary Public Frontages are designed to accommodate pedestrians who seek to walk to a nearby destination.
Root System Zone	A subsurface area designated within the Public Frontage in a Mixed Use development. Such zones shall reserve space for the root system of street trees and Landscaping planted in the Street Tree & Furniture Zone.
Scale	A quantitative measure of the relative Height and Massing of Structure(s) Building(s) and spaces.
Slip Road	A road which provides Access to and runs a course parallel to an Arterial Street or other limited Access street or highway. Slip Roads are commonly used along boulevards to provide Access to adjacent properties, on-street parking, and to buffer high-speed traffic lanes from pedestrian areas. Slip Roads may also be known as Access roads.
Subsurface Utility Zone	A subsurface area designated within the Public Frontage in a Mixed Use development. Such zones shall reserve space for public utilities.
Street Tree and Furniture Zone	An area designated within the Public Frontage in a Mixed Use development. Such zones shall reserve space for street trees and other Landscaping as well as street furniture including, but not limited to benches, street lights and transit stops.
Work/Live Unit	A space within a Building that consists of a Non-Ground Floor Dwelling which is Accessory to a nonresidential use and has direct internal Access to the nonresidential use.

(o) Other Regulations

There are a number of other development standards that may apply to Mixed Use development, including but not limited to the following:

(1) Use Standards

For standards applicable to uses in the Mixed Use District see Article 5.

(2) Density and Dimensional Standards

For Density and Dimensional Standards of the Mixed Use District see Article 6.

(3) Off-Street Parking and Loading

For parking standards not provided in this Section see Article 9.

(4) Landscaping & Screening

For Landscaping & Screening requirements see Article 10.

(5) Outdoor Lighting

See Section 20-1103.

SECTION 3. Existing Sections 20-403 and 20-1108 of the Code of the City of Lawrence, Kansas, 2015 Edition and amendments thereto, are hereby repealed in their entirety, it being the intent of the Governing Body that the provisions of this ordinance supersede them.

SECTION 4. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining part of this ordinance.

SECTION 5. This ordinance shall take effect and be in force after its passage and publication as provided by law.

PASSED by the Governing Body of the City of Lawrence, Kansas, this ____ day of November, 2017.

APPROVED:

_____________________________

Leslie Soden

Mayor

ATTEST:

__________________________________

Sherri Riedemann

City Clerk

APPROVED AS TO FORM:

__________________________________

Toni R. Wheeler

City Attorney

*****

NOTICE TO PUBLISHER

Publish once and return one Proof of Publication to the City Clerk and one to the City Attorney.