ORDINANCE NO. 9562

 

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER 20, ARTICLE 13, SECTION 20-1307, CODE OF THE CITY OF LAWRENCE, KANSAS, 2018 EDITION, AND AMENDMENTS THERETO, PERTAINING TO THE RECORDING OF INSTITUTIONAL DEVELOPMENT PLANS WITH THE OFFICE OF THE REGISTER OF DEEDS, AND REPEALING EXISTING SECTION 20-1307.

 

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

 

SECTION 1. Chapter 20, Article 13, Section 20-1307, of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, is hereby amended to read as follows:

 

20-1307    Institutional Development Plan

 

(a)      Purpose

The purpose is to provide a community vision for the long-term use and development of public institutional space and lands so that 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 Owner to anticipate future non-residential development patterns and plan for the use and enjoyment of their property accordingly.

 

(b)     Phasing of Development

For multiple uses or multiple Building developments, sites may be phased based on needs established through capital improvements programming. The phasing sequence shall be submitted with the site plan or special use permit development application.

 

(c)      Development Standards

Standards for institutional site development are established to ensure long-term compatibility of use, consistency with the character of the area, and to minimize negative impacts from institutional development on surrounding neighborhoods.

 

(1)       Sites of ten (10) acres or smaller shall be required to submit a site plan application with supporting material for administrative review and approval. Criteria to be included on the site plan shall include:

 

(i)       if traffic generation exceeds 100 vehicles per day, Access shall be taken from a Residential Collector, Collector or Arterial Street;

 

(ii)      separate Access points shall be provided for pedestrians/bikes and vehicular traffic generated to and from the site;

 

(iii)    development of the site shall occur in one phase; and

 

(iv)    exterior lighting shall occur only where needed for safe Access to and from the Parking Area to a Building entrance.

 

(2)       Sites over ten (10) acres shall be required to submit an application for a Special Use Permit, which includes a site plan, and supporting material necessary to meet the following criteria:

 

(i)       Landscape Bufferyards shall be required on all sides of the site based on the most intense use proposed.

 

a.        For utility and large plant development, sites a type 3 landscape Bufferyard shall be required.

 

b.       For office and educational development sites, a type 2 landscape Bufferyard shall be required.

 

c.        For park and recreational development, sites a type 1 landscape Bufferyard shall be required.

 

(ii)      Access shall be planned for the entire site based on the traffic anticipated to be generated from the site. Access may be taken from Collector or Arterial Streets for utility and large plant development sites. At least two Access points shall be provided for office and educational development sites and park sites, one of which is from a Residential Collector Street.

 

(iii)    Sidewalks shall be provided along all street frontages as part of the first phase of a multi-phase development project or, if the project is not phased, at the time of development of the site.

 

(iv)    Bicycle lanes or recreational paths shall be planned and provided as part of the institutional master plan for sites that include public facilities such as schools, parks, recreation centers and public offices where customers are anticipated to come to the site.  Comprehensive Plans for Bicycle and pedestrians shall be followed in providing and planning for these Infrastructure improvements.

 

(v)      Sports fields and other large traffic generation activities shall be located on the site furthest from RS zoned areas and designed to reduce noise or light pollution from creating negative impacts on the adjacent neighborhood(s).

 

(vi)    Exterior lighting, if provided, may be prohibited between the hours of 10 PM and 7AM.

 

(vii)   Parking facilities shall be designed to be shared between multiple users and, where environmentally sensitive lands are involved or may be impacted, alternatives to paving Parking Areas may be approved.

 

(viii)  Bus stops shall be included in the planning and development of the site.

 

 

(d)     Revisions to Phasing Sequence and Institutional Development Plan

Revisions to the phasing sequence may be administratively approved by the Planning Director based on the review and approval of revisions to the Capital Improvements Programming for Infrastructure and site development by the governing body or administrative board responsible for funding institutional development of the site.  Revisions to the Institutional Development Plan may be reviewed and approved administratively when revisions are consistent with the original development plan’s approval and evidence has been submitted to the Planning Director that the revision will not increase traffic, noise or light pollution or runoff from the site.

 

(e)      Filing of Institutional Development Plan

Within 24 months of approval and after completion of all conditions of approval and prior to issuance of a building permit, a Mylar copy an original copy of the Institutional development Plan shall be recorded at the Office of the Register of Deeds Office. The drawing shall be prepared using any media that will reproduce a clear image for scanning and microfilming, meeting the standards established by the Office of the Register of Deeds. Any supplemental covenants, restrictions, Conservation Easements, or public Access Easements shall be on file at the time of recordation of the Institutional Development Plan.

 

(f)       Date of Effect

Approval of an Institutional Development Plan shall be valid from the date all conditions are met and the Institutional Development Plan is filed at the Register of Deeds office. Approved revisions to the Institutional Development Plan shall also be filed at the Register of Deeds office.

 

(g)     Expiration of Approval

 

(1)   In the event the Landowner fails to obtain a building permit for the development shown on the Institutional Development Plan within 24 months after final approval of the Institutional Development Plan has been granted, the approval shall expire and the Landowner shall seek approval of the proposed development in accordance with the procedures and standards in effect at the time of the new application.

 

(i)       For good cause shown, the expiration date may be extended by the City Commission for a period not to exceed 24 months.  The application for extension may be made by letter to the Planning Director and will be considered only if received before the expiration date of the Institutional Development Plan.  The Planning Director shall place such request, with any recommendation of the Planning Director on the agenda of the City Commission.

 

(ii)      The Planning Director shall notify the applicant by mail of the date of the proposed consideration by the City Commission.  Mailed Notice of the extension request shall also be provided by the Planning Office in accordance with Section 20-1301(q)(3).

 

SECTION 3. Existing Section 20-1307 of the Code of the City of Lawrence, Kansas, 2018 Edition and amendments thereto, is hereby repealed in its entirety, it being the intent of the Governing Body that the provisions of this ordinance supersede it.

 

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 September, 2018.

 

 

 

APPROVED:

 

 

 

_____________________________

Stuart Boley

                                                                                    Mayor

ATTEST:

 

 

 

__________________________________

Sherri Riedemann

City Clerk

 

APPROVED AS TO FORM:                   

 

 

 

__________________________________                      

Toni R. Wheeler                                                        

City Attorney

 

 

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NOTICE TO PUBLISHER

 

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