ORDINANCE NO. 8363
AN ORDINANCE PERTAINING TO THE OVERLAY ZONING DISTRICTS AMENDING CHAPTER 20, ARTICLE 3 SECTION 20-308 OF THE CODE OF THE CITY OF LAWRENCE, 2009 EDITION AND AMENDMENTS THERETO; ENACTING CHAPTER 20, ARTICLE 3, SECTION 20-309 ADOPTING AND INCORPORATING BY REFERENCE “THE DOWNTOWN DESIGN GUIDELINES, 2009 EDITION PREPARED BY THE CITY OF LAWRENCE, KANSAS; AND ENACTING CHAPTER 20, ARTICLE 3, SECTION 20-310 ADOPTING AND INCORPORATING BY REFERENCE THE “DESIGN GUIDELINES 8TH AND PENN NEIGHBORHOOD REDEVELOPMENT ZONE” PREPARED BY THE CITY OF LAWRENCE, KANSAS
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION ONE: Chapter 20, Article 3, Section 20-308 of the Code of the City of Lawrence, 2009 Edition and amendments thereto is hereby amended to read as follows:
20-308 urban conservation Overlay District
(a) Purpose
The UC, Urban Conservation Overlay District, is intended to:
(1) encourage development that conforms to the size, orientation and setting of existing Buildings in a neighborhood or area;
(2) reduce the need for zoning variances for development that conforms to the size, orientation and setting of existing Buildings in a neighborhood or area;
(3) provide Building Setbacks, Lot dimensions and related physical characteristics;
(4) foster development that is compatible with the Scale and physical character of original Buildings in a neighborhood or area through the use of Development/Design Standards and guidelines; and
(5) conserve the cultural resources, historic resources and property values within an identified neighborhood or area.
(b) Selection Criteria
A UC District shall be a geographically defined area that has a significant concentration, linkage or continuity of sites that are unified by physical development, architecture or historical development patterns. To be eligible for UC zoning, the area shall comply with the following criteria:
(1) the general pattern of development, including Streets, Lots and Buildings, shall have been established at least 25 years prior to the Effective Date;
(2) the area shall possess built environmental characteristics that create an identifiable setting, character and association;
(3) the designated area shall be a contiguous area of at least five (5) acres in size. Areas of less than five (5) acres may be designated as an UC Overlay District only when they abut an existing five (5) acre or greater UC Overlay District.
(c) Establishment of District
UC Zoning Districts are established in accordance with the Zoning Map Amendment procedures of Section 20-1303, except as modified by the following provisions:
(1) an application to establish a UC District may be initiated by the Historic Resources Commission, the Planning Commission or the City Commission;
(2) applications may also be initiated by petition when signed either by the Owner of at least 51% of the area within the proposed UC District or by at least 51% of total number of Landowners within the proposed District;
(3) the Historic Resources Commission and the Planning Commission shall hold public hearings, and submit written recommendations to the City Commission, regarding each application to establish a UC District;
(4) the Historic Resources Commission is responsible for reviewing UC zoning applications for compliance with the selection criteria of Section 20-308(b) and for recommending development/design standards and guidelines for the District;
(5) the Planning Commission is responsible for reviewing UC applications for its planning and zoning implications; and
(6) the City Commission is responsible for making a final decision to approve or deny the Overlay District Zoning.
(d) Procedure
Upon receipt of an application for UC zoning or upon initiation of a UC zoning application by the City Commission, Planning Commission or Historic Resources Commission, the following procedures apply:
(1) unless otherwise expressly stated, the zoning map amendment procedures of Section 20-1303 apply;
(2) public hearings on UC zoning applications shall be held by the Historic Resources Commission and the Planning Commission prior to consideration by the City Commission; and
(3) the Historic Resources Commission shall make a recommendation that UC District zoning be approved, approved with conditions or denied. The Historic Resources Commission’s recommendation shall be submitted to the Planning Commission and City Commission. The item shall be placed on the Planning Commission agenda after receipt of the Historic Resources Commission’s recommendation. The recommendation shall be accompanied by a report containing the following information:
(i) an explanation of how the area meets or does not meet the selection criteria contained in Section 20-308(b);
(ii) in the case of an area found to meet the criteria in Section 20-308(b):
a. a description of the general pattern of development, including Streets, Lots and Buildings in the area; and
b. Development/Design Standards to guide development within the District;
(iii) a map showing the recommended boundaries of the UC District; and
(iv) a record of the proceedings before the Historic Resources Commission;
(e) Allowed Uses
UC District Classifications do not affect the use of land, Buildings or Structures. The use regulations of the Base District control.
(f) Development/Design Standards
In establishing a UC District, the Historic Resources Commission or Planning Commission are authorized to propose, and the City Commission is authorized to adopt, by ordinance, District-Specific Development and Design Standards (referred to herein as “Development/Design Standards”) to guide development and redevelopment within UC Districts:
(1) when Development/Design Standards have been adopted, all Alterations within the designated UC District shall comply with those standards. For the purposes of this section, “Alteration” means any Development Activity that changes one or more of the “Exterior Architectural Features” of a Structure, as the latter term is defined in Chapter 22 of the City Code;
(2) when there are conflicts between the Development/Design Standards of the Base District and adopted UC District Development/Design standards, the UC Development/Design Standards will govern;
(3) the Development/Design Standards will be administered by City staff in accordance with adopted administrative policy.
(g) Appeals
(1) Notwithstanding the procedure set forth in Section 20-1311, a person aggrieved by a decision of the City staff, determining whether the Development/Design Standards have been met, may file a written appeal with the Historic Resources Commission. The appeal shall be filed within ten (10) Working Days after the decision has been rendered.
(2) A person aggrieved by a decision of the Historic Resources Commission, determining whether the Development/Design Standards have been met, may file a written appeal with the City Commission. The appeal shall be filed within ten (10) Working Days after the decision has been rendered.
(3) the City Commission is the final decision-making authority in determining whether a proposed project meets the adopted Development/Design Standards.
(4) the Board of Zoning Appeals has no authority to grant interpretations, exceptions or variances from the adopted Development/Design Standards.
(5) within thirty days after the City Commission’s final decision, in passing upon an appeal pursuant to this Section, any person aggrieved by the decision may file an action in District Court to determine the reasonableness of the decision.
(h) UC Districts Established
The following UC Districts are established:
|
Conservation District Name |
Boundaries |
|
Downtown Urban Conservation Overlay District |
See Ord. No. 7395 |
|
8th & Pennsylvania Urban Conservation Overlay District |
See Ord. No 8053 |
(i) UC District Development/Design Standards Established
The following UC District Development/Design Standards and Administrative Policies are established:
|
Conservation District Name |
Development Standards and Administrative Policies |
|
Downtown Urban Conservation Overlay District |
Downtown Design Guidelines 2009 |
|
8th and Pennsylvania Urban Conservation Overlay District |
Design Guidelines 8th and Penn Neighborhood Redevelopment Zone 2006 |
SECTION TWO: Chapter 20, Article 3, Section 20-309 of the Code of the City of Lawrence, 2009 Edition and amendments thereto is hereby enacted and shall read as follows:
20-309 Incorporation by reference of the “The Downtown Design Guidelines 2009 Edition”
The “Downtown Design Guidelines December 16, 2008 Edition” prepared compiled, published and promulgated by the City of Lawrence, Kansas is hereby adopted and incorporated by reference as if fully set forth herein, and shall be known as the “Downtown Design Guidelines 2009 Edition”. At least one copy of said text amendments shall be marked or stamped as “Official Copy as Adopted by Ordinance No. 8363 and to which shall be attached a copy of this ordinance, and filed with the City Clerk, to be open to inspection and available to the public at all reasonable business hours. The police department, municipal judge, and all administrative departments of the City charged with the enforcement of the ordinance shall be supplied, at the cost of the city, such number of official copies of such “Downtown Design Guidelines, 2009 Edition” marked as may be deemed expedient.
SECTION THREE: Chapter 20, Article 3, Section 20-310 of the Code of the City of Lawrence, 2009 Edition and amendments thereto is hereby enacted and shall read as follows:
20-310 Incorporation by reference of the “The Design Guidelines 8th and Penn Neighborhood Redevelopment Zone”
The “The Design Guidelines 8th and Penn Neighborhood Redevelopment Zone” prepared compiled, published and promulgated by the City of Lawrence, Kansas is hereby adopted and incorporated by reference as if fully set forth herein, and shall be known as the “The Design Guidelines 8th and Penn Neighborhood Redevelopment Zone” At least one copy of said text amendments shall be marked or stamped as “Official Copy as Adopted by Ordinance No. 8363 and to which shall be attached a copy of this ordinance, and filed with the City Clerk, to be open to inspection and available to the public at all reasonable business hours. The police department, municipal judge, and all administrative departments of the City charged with the enforcement of the ordinance shall be supplied, at the cost of the city, such number of official copies of such “The Design Guidelines 8th and Penn Neighborhood Redevelopment Zone”
SECTION FOUR: Existing Chapter 20, Article 3, Section 20-308 and The Downtown Design Guidelines adopted in Ordinance 7395 are hereby specifically repealed, it being the intent that the provisions of this ordinance supercede the repealed code section.
SECTION FIVE: Severability. If any section, clause, sentence, 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 parts of this ordinance.
SECTION SIX: This ordinance shall take effect and be in force after its passage and publication as provided by law.
Passed by the Governing Body this _______ day of _______ 2009
APPROVED:
_______________________
Michael Dever, Mayor
ATTEST:
_______________________________________
Frank S. Reeb, City Clerk
APPROVED AS TO FORM AND LEGALITY:
______________________________________
Toni Ramirez Wheeler
Director of Legal Services
Publish one time and return one Proof of Publication to the City Clerk and one to the Director of Legal Services.