Memorandum

City of Lawrence

Planning & Development Services

 

TO:

David L. Corliss, City Manager

 

FROM:

Scott McCullough, Director

 

Date:

For January 17, 2012 City Commission Agenda

 

RE:

Boarding House Text Amendment – TA-6-17-09 – Post Adoption Information

 

 

On October 4, 2011 the City Commission considered information related to the text revisions adopted on January 25, 2011 that revised certain development standards for Boarding Houses and Multi-Dwelling Structures.  At issue is how staff interprets the size of a structure as it relates to complying with standards related to expansion and parking; and, whether the size of a structure able to use the .5 parking standard under the current interpretation is appropriate.  See November 14, 2011 Planning Commission packet and PC minutes as background.

 

At their October 4, 2011 meeting, the City Commission directed staff to submit land use information to the Planning Commission (PC) to discuss the following items related to the code amendments.

 

1.    Analyze the basis for using 3,500 sq ft as one criterion to be eligible for .5 parking spaces per bedroom requirement and whether basements and attics should be used when calculating the structure size.

2.    Review new data compiled by staff and confirm whether the outcome/implications of the code amendments are desired.

3.    Review other structure sizes (ex. 4,000, 5,000, 6,000, etc) to determine if the outcome on the Oread neighborhood of using a different structure size is more or less desirable compared to the current 3,500 sq. ft. code standard.

 

The November 14, 2011 Planning Commission minutes are attached for review.  The PC discussed the items requested of them by the City Commission and reviewed the entire record provided to them.  While several elements of the code were discussed, it was the general consensus of the PC members on the commission at the time of recommending the code standards that the PC did not intend to include unfinished basements and attics nor did they intend that such a high number of properties (83 net) would be eligible to receive the parking standards of .5 spaces per bedroom.  The new members of the PC studying the issue for the first time concurred with the other commissioners.

 

The comments from the PC suggest that staff’s interpretation to include basements and attics should be changed to exclude basements and attics and that a text amendment to clarify the code is in order.

 

The City Commission options include:

 

  1. Maintain the current staff interpretation of how to calculate structure size, netting an estimated 83 properties in the Oread Neighborhood eligible to receive the .5 space per bedroom standard.
  2. Increase the gross square feet of a structure from 3,500 to some agreed upon amount in the Development Code and maintain the interpretation to include unfinished basements in the structure size (requires a text amendment process).
  3. Maintain the 3,500 square feet structure size, but direct staff to interpret the code in a manner that does not include basements or attics when determining the size of a structure when calculating parking for Congregate Living and Multi-Dwelling Structures. This would, in effect, reduce the number of structures eligible to receive the .5 parking space standard from a net of 83 properties to some other level (presumably a net of 10). (administrative direction – would not require a text amendment process).
  4. Implement Option 3 but also initiate a text amendment to clarify the code language for future staff and applicants.

 

Staff recommends that the City Commission implement option 4 and make the following motions relative to this issue.