Memorandum

City of Lawrence

Planning & Development Services

 

TO:

Planning Commission

 

FROM:

Scott McCullough, Director

 

Date:

For December 13, 2010 Planning Commission Meeting

 

RE:

Boarding House Text Amendment Update – TA-6-17-09

 

 

On August 24, October 26, and December 16, 2009 the Planning Commission considered language revising the Lawrence Development Code as it relates to Boarding Houses.  The Planning Commission forwarded to the City Commission a recommendation to approve the December 16, 2009 version of the language.  On February 2, 2010 the City Commission considered the PC’s recommendation and voted 4-1 to return the text amendment to the Planning Commission for further study on the following matters.

 

  1. Simplify the standard related to limiting building additions to 20% of the existing structure.
  2. Review the parking standard and consider a standard that requires 1 space per bedroom with variances possible when larger structures are converted to boarding houses.
  3. Discuss the processing issue of permitting boarding houses as a “permitted use” or a “special use.”

 

On March 24, May 26, and August 25, 2010 the Planning Commission considered revised language attempting to address the City Commission’s direction.  After public testimony and discussion at the August 25 meeting, the PC closed the public comment and discussed the amendment.  The PC deferred the item due to the late hour and directed staff to bring the item back in September so they could complete the discussion and direct staff afterward.

 

The PC considered a staff memo at the September 20, 2010 regular meeting and adopted a motion, by a vote of 7-2, to direct staff to draft language that generally implements the elements outlined in the September staff memo, including:

 

  1. Language that revises the parking standards so that Multi-Dwelling Structures and Congregate Living structures have the same parking standard.
  2. Language that allows relief for renovating (not building new) structures to the Congregate Living and Multi-Dwelling Structure uses when they are large structures (3,500 gross square feet) located on relatively small lots (8,775 square feet (equates to 1 and ˝ typical lots in the Oread Neighborhood).  This upholds the desire to encourage renovation of large structures on small lots in established neighborhoods.
  3. Reinserting the language that prohibits expanding an existing structure past 20% to discourage this practice, as it is a finding of the PC that such practice can be harmful to the character of established neighborhoods and is unnecessary.
  4. Language that exempts Congregate Living structures from Article 15, Nonconforming Structures section of the Development Code.

 

The draft language is attached.

 

Discussion

 

Parking:  Staff proposes the size limitations of 8,775 sq ft for the lot and 3,500 gross square feet for the structure based on reviewing several approved site plans for the Boarding House use.  Establishing a .5 space per bedroom standard for the renovation or conversion of both Congregate Living and Multi-Dwelling Structure uses on these smaller lots maintains equity between the two uses.  The PC may want to discuss whether .5 spaces per bedroom is the appropriate standard in this case.  The PC requested information on the size of the structures converted to Boarding Houses.  Staff updated a list shared earlier in this process with applications approved in 2010.  Nine structures, or 31%, are greater than 3,500 square feet according to the site plan record.  The number of bedrooms in these structures ranges from 6 to 12.[1]  Staff believes this structure size is appropriate for the new parking standard.

 

New Sections:  Through reviewing several recent Boarding House applications, Staff has had the opportunity to review Section 20-912 of the Development Code related to accessible parking.  By practice, accessible spaces have not been required for the Boarding House use.  The code requires Multi-Dwelling Structures that contain 4 units or more to provide accessible spaces.  The Development Code is less clear on whether Boarding Houses are required to provide such spaces.  Staff has reviewed the matter against the Fair Housing Act and the city’s adopted building codes and finds that the Boarding House use demands compliance with these regulations.  Certain exemptions exist in the building code for providing accessibility.  The proposed language clarifies that a Congregate Living use must comply with the Fair Housing Act and the adopted building codes of the city.  Staff will work with applicants during the site planning process to determine when an accessible parking space and route to the structure are necessary, as this may impact the number of parking spaces on the site which will, in turn, affect the number of bedrooms of the structure.

 

City Commission direction:  If the proposed language is accepted, the PC will have effectively addressed all of the City Commission’s statements.

 

  1. The language simplifies the 20% rule compared to the December 16, 2009 version.
  2. The language creates a lesser parking standard for large structures on small lots.
  3. The language permits the Congregate Living use by right and not through the SUP process.

 

Action Requested:  Consider proposed language and recommend approval, if appropriate.


[1] It should be noted that a Cooperative located at 1406 Tennessee is included in the calculations in this paragraph.  This structure was renovated and totals 13,650 sq. ft. in size because it is essentially two structures combined into one.  It has 33 bedrooms.  It was determined to be a nonconforming use during its process of renovation.