PLANNING COMMISSION REPORT

Regular Agenda -- Public Hearing  Item

 

ITEM NO. 19:            ADOPTION OF REVISIONS TO DEVELOPMENT CODE, NOVEMBER 11, 2005 EDITION

 

TA-03-02-06: Pursuant to the provisions of K.S.A. Chapter 12, Article 7, consider revisions to the adopted “Development Code, November 11, 2005 Edition,” enacting a new Chapter 20 of the Code of the City of Lawrence, Kansas, establishing comprehensive zoning regulations and other land use regulations.  The “Development Code, November 11, 2005 Edition” is a general and complete revision of the City’s existing zoning regulations and affects all property within the corporate limits of the City of Lawrence, Kansas.  The “Development Code, November 11, 2005 Edition” is incorporated by reference as if fully set forth in this notice. Copies of the “Development Code, November 11, 2005 Edition” and proposed revisions are available for review at the Office of the Lawrence-Douglas County Planning Department, City Hall, 6 E. 6th Street, Lawrence, Kansas.  The “Development Code, November 11, 2005 Edition” and proposed revisions are also available at www.lawrenceplanning.org.

 

 

 

RECOMMENDATION ON DEVELOPMENT CODE:  Staff recommends the Planning Commission forward a recommendation for approval of the revisions to the “Development Code, November 11, 2005 Edition,” to the City Commission so that they may be incorporated into the Development Code prior to the July 1, 2006 effective date.  Specific recommendations are found at the end of each sub-section of this report. 

 

 

 

Reason for Request:

Through the review of the proposed Development Code, a number of issues were identified that required “clean up or clarifying text” or are suggested for revision to address public comment.  Adoption of the suggested revisions will improve the implementation of the Development Code and will allow incorporation of these revisions into the document prior to the July 1, 2006 effective date.

 

RELEVANT GOLDEN FACTOR:

 

  • Conformance with the Comprehensive Land Use Plan is the relevant factor that applies to this request.  Adoption of new regulatory tools, one of which is the zoning regulations, is an implementation step in Chapter 13 of HORIZON 2020, the City/County Comprehensive Land Use Plan.

 

ASSOCIATED ITEMS ON THIS AGENDA

 

  • TA-03-02A-06 through TA-03-02I-06 represent revisions originally identified in the February 22, 2006 staff report and additional revisions suggested to address specific issues identified by the public and Planning Commission subsequent to the February staff report.  These items have been grouped for ease in Commission consideration and action.  Should the Commission desire additional study or alternate language on a particular sub-part, that portion of the text amendment can be deferred for additional study without impact to the remainder of the proposed revisions.

 

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

 

  • Written and oral comments prior to and at the February 22nd public hearing were utilized in preparing draft amendments for the Planning Commission’s consideration at their March 8th mid-month meeting.  Following three hours of discussion, the Planning Commission initiated the subject text amendments for public hearing in April.

 

 

 

Staff Report

The City Commission adopted Ordinances 7985 & 7986 on April 4, 2006 adopting the Development Code, November 11, 2005 Edition and Zoning Map with a delayed effective date of July 1, 2006.  The Planning Commission at their February 22nd meeting had recommended adoption of the code and map and had specifically indicated an intention to consider additional amendments that could be adopted prior to the delayed effective date. 

 

 

OVERVIEW OF REVISIONS PROPOSED

  • TA-03-02A-06:  A table of clarifying text/corrections is provided to clean up the November 11, 2005 Edition prior to the July 1, 2006 effective date.  The majority of the table of recommended revisions is the result of staff and legal counsel review of additional public comment and staff review since the draft was posted on November 11, 2005. 
  • TA-03-02B-06:  Section 20-205.  Proposed revisions to the purpose statement for the new RMG, Multiple-dwelling Residential-Greek Housing District and to clarify that conversion of Greek Housing to other uses deemed to be compatible with adjacent residential development are permitted through a special use permit for Adaptive Reuse.  Conversion to other multiple family residential uses will require rezoning to another RM District.  Sections 20-1703 & 20-1704 have been modified to clarify Adaptive Reuse sections.
  • TA-03-02C-06: Section 20-403 currently permits the development of Retail Establishments, Large in the CS, Commercial Strip District.  Public comment has indicated concerns regarding the potential redevelopment of CS properties with big box stores as a permitted use in this district.  
  • TA-03-02D-06: Section 20-534:  Revisions are proposed regarding Accessory Dwelling Units in RS Districts.  Revisions address public comment received at the February 22nd meeting.
  • TA-03-02E-06:  Proposed revisions to Article 7, Planned Developments.
  • TA-03-02F-06:  Proposed revisions to 20-908 regarding driveway standards in various residential districts.
  • TA-03-02G-06: Text amendments include alternate text developed by a PC ad hoc committee regarding when a retail market impact analysis should be required. 
  • TA-03-02H-06:  Proposed revisions to 20-1304 regarding the criteria for Major Changes to Final Development Plans
  • TA-03-02I-06:  Amendments to 20-1739 to identify additional uses permitted in the Manufacturing & Production, Limited category to address public comment received at the February 22nd meeting.

 

These revisions have been posted on the Planning Department web site since mid-March to inform the public of the anticipated changes that may be recommended prior to the anticipated effective date.  Deleted text is shown with strikethrough; additional text is shown in italics.  The blue text [with light grey shading] represents additions to this table since the 02/22/06 PC staff report was published.

 

 

ITEM NO. 19A:

TA-03-02A-06: 

Text amendments to various sections of Chapter 20 [November 11, 2005 Edition] to clarify or clean up text.

 

 

 

 Pg No.

Section No. 20-

Recommended Text Change

 

 

Article 1. Introductory Provisions

 

1-2

107(b)(1)

 

Modify reference to specific definition:  Words used in the Development Code have the standard dictionary definition the meaning given in the latest edition of the Oxford English Dictionary unless they are defined in Article 17 (Terminology).

1-7

110(e)

Modify table to indicate C-4 & C-5 converts to CS and indicate previous map designation for CC should be NONE (New)

 

Article 2. Base Districts

 

2-1

201(a)

 

Base Districts

The Zoning Districts presented in this chapter are referred to as “Base Districts” because they establish the basic zoning regulations that apply to all properties. classified in, or shown on, the Official Zoning District Map as in that Zoning District.  All land in the City has a Base District classification. Base District regulations control the types of uses allowed and the way in which uses and Buildings may be developed on a site. The Base District regulations are the default regulations—they always control unless expressly overridden by or pursuant to any applicable Overlay Zoning District regulations.

2-1

201(b)

Include RM12D in table of districts established

2-2

202(a)(1)

 

Clarify purpose:  The primary purpose of the RS Districts is to accommodate predominantly single detached Dwelling Units on individual Lots.

2-3

203(a)

Remove second ‘and’ in third sentence

2-4 & 2-5

204(a)

Renumber ii, iii, iv.  Insert text at end of (3):  Only one principal building per lot is permitted in this district.

2-5

204(f)

Renumber 2, 3, 4, 5 modify (2) Landscaping See Article 10

2-9

207(a)

Add and pursuant to adopted access management standards.

2-10

208(a)

Move 209(e) to end of Purpose:  Developments in CN2 Districts are intended for Collector/Arterial Street intersections or at Arterial/Arterial Street intersections and are intended for development on only one corner of the intersection.

2-11

208(e)

Substitute text from 207(e):  Development in the CN2 District may take Access to local, Collector or Arterial Streets and to public Alleys (if they abut the property being developed).

2-14

211(d)(1)

Revise first sentence:  No Not all corners of CC200 commercial node ….

2-17

213(b) & (d)(1)

Delete Article IV and second Article 6

2-24

219(f)

 

Modify to clarify when plan is required:  Subject to the standards of this Article, the institution responsible for the property within the H District shall from time to time prepare and update an Institutional Development Plan for all of the property contained within the H District when a Significant Development Project is proposed. 

2-26

222(b)(1)

Delete With the exception of Crop Agriculture and Communications Facilities uses, and uses and Structures accessory to them.  Section to read:  Any use or Development Activity that requires Site Plan Review and approval (see Sec. 20-1305) will be allowed only after the property is rezoned to the appropriate City zoning classification (in accordance with Sec. 20-1303).

 

Article 3. Overlay Zoning Districts

 

3-1

301(a)

Modify second sentence:  As the name implies, Overlay Districts are “overlaid” on Base District classification to alter some or all of the Base District regulations.

 

 

Article 4. Use Table

 

4-3

402

Change P* to S* for Detached Dwellings in RM districts; add S for Manufactured Home in RM12 and delete * for this use in all districts; change P* to S* for Manufactured Home, Residential-Design in RM districts (to be consistent with Detached Dwellings); and delete P for Fraternity or Sorority House in all RM districts except RMG.

4-3 / 4-7

402

Add RM12D column to all tables; provide same uses as permitted in RM12 except Multi-Dwelling Structures

4-4

402

Add 20-505 to standards column for Funeral and Internment

4-4

402

Delete S in all RM districts for Hospital (only permitted in H)

4-9

403

Change S to P for Funeral and Internment in CN2 and CD

 

Article 5. Use Regulations

 

5-3

503(iii)

Add and Special Use Permit (SUP) requirements of Sec. 20-1306.

5-4

503(2)(iii)

Modify diagram to label Lot 1 & Lot 2 (clarify attached dwellings are each on individual lot)

5-12

515(2)(iv)

Add Temporary to beginning to clarify that only temporary crushing is not considered mining

5-14

519

Delete RMG to clarify that Outpatient Care Facility is not permitted in this district

5-16

522(2)(iv)b

Clarify use allowed:  a temporary homeless or transient shelter;  [transient shelter is term in use tables]

5-16

522(2)(iv)c

 

Delete term soup kitchen and replace with term community meal program

5-21

529(3)(i)

 

Any Telecommunications Facility that is not in use for a period of three full years or more shall be removed ….

5-23

529(7)(iv)

 

Insert excessive:  The proposed Telecommunications Antenna would cause excessive electromagnetic interference with an existing Telecommunications Antenna on the Telecommunications Tower or Structure,

5-24

529(9)(iv)

 

All Telecommunications Towers and the base of the structure shall be designed and built to allow expansion at a later date to accommodate at least three two-way Telecommunications Antennas …

5-29

533(3)

Add text to clarify the permitted location of accessory structures:  Unless otherwise expressly stated, the Setback, Height and Building coverage standards of the Base District apply to both the principal and Accessory  Structures (See Density and Dimensional Standards, Article 6).  Accessory Structures in residential districts shall be located to the rear of the front building line and may be located as close as 5’ to interior and rear lot lines.  Setbacks from interior side lot lines shall not apply to accessory buildings placed on lots that abut alleys.  An accessory structure may be located up to the rear property line when the lot abuts an alley and when the doors to the building do not open directly onto the alley.

 

Article 6. Density and Dimensional Standards

 

6-1

601(a)

Delete lot area per dwelling unit in RSO [2500]and RMO [2900] districts and change maximum dwelling units per acre to 22 in RMO and 1 in RMG districts

6-2

601(b)

 

Delete reference to Max. Lot area per dwelling unit in CN1

6-6 & 6-7

602(e)(6)

 

(e)       Setbacks and Required Yards

(6)       Permitted Exceptions to Required Yard and Setback Standards

Required Yards and Setbacks shall be unobstructed from the ground to the sky, except that the following features may be located within required Setbackstherein to the extent indicated:

(i)       Cornices, canopies, eaves or other architectural features may project into required SetbacksRequired Yards up to 2.0 feet.

(ii)      Unenclosed fire escapes may project into requiredRequired Yards and/or Setbacks, provided that they are set back at least 3 feet from all Lot Lines.

(ii)      An uncovered stair and necessary landings may project into requiredRequired Yards and/or Setbacks, provided that they are set back at least 3 feet from all Lot Lines, and the stair and landing may not extend above the entrance floor of the Building, except for a railing not exceeding 4 feet in Height.

(iv)     Bay windows, balconies, and chimneys may project into requiredRequired Yards and/or Setbacks up to 2 feet, provided that such features do not occupy, in the aggregate, more than 1/3 the length of the Building wall on which they are located.

(v)                                                                                      (v)      Mechanical Structures are items such as heat pumps, air conditioners, emergency generators, and water pumps. Mechanical Structures are not allowed in required Front or Side SetbacksYards, but they may be located in required Rear SetbacksYards if they are located at least 5 feet from the Rear Lot Line.

(vi)                                                                                     (vi)     Vertical Structures are items such as flag poles, trellises and other garden Structures, play Structures, radio Antennas, and lamp posts. Vertical Structures are allowed in required SetbacksRequired Yards if they are no taller than 30 feet. If they are taller, they are not allowed in required Setbacks, except that flag poles are allowed in any SetbackRequired Yard.

(vii)     Uncovered horizontal Structures are items such as decks, stairways, entry bridges, wheelchair ramps, swimming pools, hot tubs and tennis that extend no more than 2.5 feet above the ground are allowed in required Setbacks; such Structures may be enclosed by fences, in accordance with other provisions of this section but shall not be otherwise enclosed.

(viii)    Covered Accessory Structures (Buildings) are items such as garages, greenhouses, storage Buildings, wood sheds, covered decks, and covered porches. Covered Accessory Structures that are six feet or less in Height are allowed in required Side and Rear SetbacksYards, and covered Accessory Structures greater than six feet in Height are allowed in the required Rear SetbackYard where an Alley abuts the Rear Lot Line, but no covered Accessory Structure is allowed in a required Front SetbackYard.

(ix)     Fences up to six feet in Height (at any point) above the elevation of the surface of the ground may be located in any required SetbackRequired Yard, except:

 

Article 8. Subdivision Design and Improvements – Reserved

 

 

Article 9. Parking, Loading and Access

 

9-4

902(a)

Change parking standard for Fraternity, Sorority from Max. 1 per 2 lawful occupants to Min. 1.5 per 2 lawful occupants

9-22

915(f)(3)

Add (3) Alleys are permitted and preferred access alternatives.

 

Article 10.  Landscaping and Screening

 

 

Article 11. General Development Standards

11-1

 

Correct Table of Contents

11-2

1101(b)

Correct reference.  20-602(h)(2), replace with 20-701(g)

11-2

1101(d)(2)(i)

Change reference:  Principle Principal …..sub-section  C (d)

11-5

1101(d)(4)

Reverse entries for Floodways [100% & 50%] and Floodplains outside of the floodway [50% & 10%]

11-9

1105(b)(3)(iii)

Modify:  inconsistent with the pattern or material of sidewalks in older neighborhoods or historic districts.

 

Article 12. Floodplain Management Regulations

 

 

 

General comment:  any modifications to this article must include review by DWR.  Revisions to be considered at later date.

 

Article 13. Development Review Procedures

 

13-6

1301(n)

Clarify when agenda is published:  Once on a published and distributed agenda, …

13-7

1301(q)(3)(i)

Clarification in last sentence:  … If the subject property is adjacent to abuts the City limits,

13-11

1303(c)

Add RM12D to table on same line with RM12

13-14

1303(l)(1)

Clarify status of plan to be prepared:  A plan developed by staff shall be required prepared and adopted prior to review of a petition for map amendment when:

13-20

1304(d)(9)(vii)b

Add text:  proposing housing types, Building Heights or Building massing(s) that are incompatible with the established neighborhood pattern; or

13-38

1306(h)(3)(ii)

Delete error message

13-44

1308(d)

Correct typo:  ….development Permit is if the application …

 

Article 14. Boards and Commissions

 

 

Article 15. Nonconformities

 

15-6

1503(e)(2)

Clarify intent in last sentence:  When a Detached Dwelling located in an RS Base District is damaged to any extent, it may be restored at its former location without first being required to obtain a variance, provided that, a Building Permit for the restoration is obtained within 12 months of the date of the occurrence of the damage, in accordance with Sec. (3).

 

Article 16. Violations, Penalties and Enforcement

 

16-4

1606(b)

Correct typo:  … to the flood plain floodplain management …

 

Article 17. Terminology

 

17-2

1701

Revise definition of Access Management:  The process of managing Access to land development while preserving the regional flow of traffic in terms of safety, capacity and speed capacity and improving safety.

17-3

1701

Revise definition of Alley:  A public or private way not more than 20 feet wide affecting only primarily designed to serve as a secondary means of Access to abutting property.

17-3

1701

Definition of Basement – [no change recommended now since definition is consistent with UBC definitions, however revision may be required when City adopts the International Construction Codes]

17-4

1701

Add definition for Building Type from Horizon 2020:  Building Type (also referred to as housing type) is a residential structure defined by the number of dwelling units contained within.

17-4

1701

Revise definition of Collector Street, Residential to reflect latest revision to Chapter 8, Transportation in Horizon 2020: 

Residential collector is a special category of collector street characterized by lower speeds & the residential nature of land uses along the corridor.  Bicycle & pedestrian facilities are strongly recommended for residential collectors.  Various traffic-calming treatments may be used to reduce travel speeds. Residential collector streets with adjacent residential land uses should be limited to two lanes. These streets can serve as a connector street between local streets and the thoroughfare system.

 

Delete current definition:  A Street in a residential neighborhood area which is more than two (2) lanes in width that is anticipated to carry less than 2,500 vehicles per day in traffic volume at desirable speeds of up to 25 mph.  Connects Local Streets and traffic within a neighborhood or with a Collector Street that connects to an Arterial Street.  Bicycle and pedestrian activity that serve the neighborhood are encouraged along this type of Street.

17-5

1701

Clarify Common Open Space.  Add at the end of definition:  Common Open Space shall not include space devoted to streets and parking areas.

17-6

1701

Change terminology:  Emergency Transient (or temporary) Shelter

 

STAFF COMMENT:

[Transient shelter is term used in use tables.  Emergency shelter is only used in terminology section.]

17-10

1701

Revise definition of Natural Drainageway:  Natural rivers, streams, channels, creeks or other areas that naturally convey Stormwater runoff or portions thereof that have not been channelized and which is unaltered and retains a predominantly natural character.

17-11

1701

 

Revise definition of Planned Development:

AnDevelopments processed and considered in accordance with the procedures specified in the Planned Development Overlay District provisions of Sec. 20-701 and in the Cluster Housing Projects provisions of  Sec. 20-702.  Generally, an area of land controlled by the Landowner to be developed as a single entity, commonly pursuant to an overlay district, for a number ofDwellingof Dwelling Units, office uses, commercial uses, or combination thereof, if any, the Plan for which does not correspond in Lot size, bulk or type of Dwelling or commercial use, Density, Lot coverage and required Common Open Space, to the regulations established by other articleswherein a development plan detailing the proposed development and adjacent areas directly impacted thereby is reviewed and approved by the appropriate decision maker.  In approving the development plan, the decision maker may simultaneously modify specified standards of the zoning ordinance of the City of Lawrence, Kansas, and adopted pursuant to the provisions of K.S.A. Article 7, Chapter 12. Base District.

17-12

1701

Revise definition of Setback:  The minimum horizontal distance by which any building or structure must be separated from a street right-of-way or lot line required to exist from a given point or line of reference, such as a Lot Line or Thoroughfare right-of-way, to the nearest vertical wall or other element of a Building or Structure.  (See also 20-602(e)).

17-14

1701

Definition of Story – [no change recommended now since definition is consistent with UBC definitions, however revision may be required when City adopts the International Construction Codes]

17-15

1701

Delete definition of Street:  Any public right-of-way, or private Easement for Access or passage, other than an Alley or Driveway.

17-15

1701

Add definition of Street, Private:  Any tract of land or access easement set aside to provide vehicular Access within a Planned Development that is not dedicated or intended to be dedicated to the City and is not maintained by the City. Owners of a private street may choose to gate access to this type of street from the general public.

17-15

1701

Add definition of Street, Public:  A way for vehicular traffic, whether designated as a local, collector, arterial, freeway or other designation, which is improved to City standards, dedicated for general public use, and maintained by the City.  The term shall also include alleys. 

17-16

1701

 

Revise definition of Yard, Required:

The unobstructed Open Space measured from a point on a Principal Building to the Lot Line between a Lot Line andfrom the yard lineground upward, within which no Structure shall be located except as provided in these regulations, except as permitted by this Development Code.  It is the three-dimensional equivalent of the required Setbacks for every Lot.

 

STAFF REVIEW

The proposed revisions identified in this Item 19A were discussed during the Planning Commission’s March 8th mid-month meeting.  The Commission determined that these all fell into the category of ‘clean-up’ and ‘non-controversial’.

 

 

STAFF RECOMMENDATION:  Planning Staff recommends approval of the proposed text amendments and forwarding them to the City Commission with a recommendation for approval.

 

 

ITEM NO. 19B:

TA-03-02B-06: 

Text amendments to 20-205 RMG, Multi-Dwelling    Residential - Greek Housing District to clarify purpose statement, require a Special Use Permit for Conversion of Greek Housing, and to 20-1703 & 20-1704 to clarify terminology related to Adaptive Reuse of Historic Properties or Greek Housing.

 

 

 

Pg No.

Section No. 20-

Recommended Text Change

 

 

Article 2.  Base Districts

 

2-7

205(a)

 

(a) Purpose

The primary purpose of the RMG District is to provide areas for Greek Housing in proximity to a university or college that provides higher education to the public, preserve the architectural character and use of these existing buildings, and protect nearby low-density residential districts from incompatible uses and developments.

 

Greek Housing as specified herein shall be:

 

(1) Occupied primarily by students;

 

(2) Under the supervision of both a local residence manager and national organization which establishes policies and procedures to ensure good citizenship and the responsible use of the fraternity or sorority’s property; and

 

(3) Certified or seeking certification by the Pan Hellenic Association or Intrafraternity Council at KU.

 

In furtherance of its primary purpose, the RMG District also provides for adaptive reuse of these existing Buildings for specified uses that also protect nearby low density residential districts from incompatible developments.

 

2-7

205(g)(2)

(g)      Conversion of Existing Greek Housing

(2)      An individual seeking to convert an existing Greek Housing unit, pursuant to this subsection, shall be required to obtain Special Use approval of a Site Plan in accordance with Section 20-13051306 of this Development Code.  Conversion of existing Greek Housing units shall be made only after the Planning Director City Commission finds, in addition to the approval criteria provided in Section 20-1305,1306 (i), that the following standards and criteria have been satisfied:

(i)       Exterior alterations and additions to the Building or Structure shall be limited so that the impervious coverage shall not be increased by 10% or more. Proposed alterations to existing Greek Housing units shall be subject to review by the Planning Director and Stormwater Engineer.  Proposed alterations to existing Greek Housing units that are listed on a historic register shall also be subject to review by the Historic Resources Administrator.

(ii)      Repair and maintenance work on the exterior of a Building or Structure subject to this subsection, which does not alter the design or appearance of the Building or Structure, shall not be considered an exterior alteration or addition under this subsection, and shall not be subject to the review by the Planning Director.

(iii)      All Parking Areas shall be confined to the Rear Yard and those Parking Areas areas shall not occupy more than 55% of the total Lot Area; provided, however, Parking Areas areas lawfully in existence prior to a conversion under this subsection, including Driveways, may be permitted to continue in use, if the Parking Areas area does not constitute a safety hazard.

(iv)     If the applicant for a conversion in conformance with this subsection desires a sign for the converted use, one (1) sign may be allowed, subject to the following conditions:

a.       the sign shall not exceed twelve (12) square feet in area, nor shall it exceed six (6) feet in Height;

b.       the sign shall only display the name, address and type of business of the Building or Structure; and

c.       the sign shall not include commercial advertising of products.

 

2-8

205(g)(4)

Delete provision  [appeal to Director no longer needed, with SUP requirement]

 

Article 4.  Use Table

 

4-7

402

Change P* to S* for Adaptive Reuse of Greek Housing in RMG and add 20-501 to standards column