PLANNING COMMISSION REPORT

Regular Agenda - Public Hearing Item

ITEM NO. 8         TEXT AMENDMENT FOR CREATING AN “EVENT CENTER” USE (JSC)

TA-15-00443: Consider a Text Amendment to the Land Development Code, Chapter 20 of the Code of The City of Lawrence, Kansas to define and create an “Event Center” use. Initiated by Planning Commission on 8/24/15.

RECOMMENDATION:  Staff recommends approval of the revised text for Articles 4, 9, and 17, and forwarding of the proposed text amendments to Chapter 20, Articles 4, 9, and 17 to the City Commission with a recommendation for approval and adoption.

Reason for Request:

The Planning Commission initiated this amendment on August 24^th, 2015 to create a specific use category for  private facilities, including the structures and/or grounds, used for hosting intermittent events, such as banquets, weddings, receptions, parties, corporate events, meetings or any other gathering (formal or informal) that are intermittent and temporary in nature.

RELEVANT GOLDEN FACTOR:

• Conformance with the Comprehensive Land Use Plan is the relevant factor that applies to this request. Adoption of a new regulatory item to the existing Land Development Code is an implementation step in Chapter 17 of Horizon 2020: The Comprehensive Plan for Lawrence and Unincorporated Douglas County.

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

·         No written comments received to date.

OVERVIEW OF PROPOSED AMENDMENT

The Land Development Code currently does not define this particular type of facility and/or use.  Since the Land Development Code's adoption in 2006, facilities that would be classified under this proposed definition/use have been categorized in various ways depending on the details and location of each proposal.  In some instances, the prevailing use regulations and parking requirements for these other inappropriate categories either over-regulate the Event Center, or do not provide enough regulation of the Event Centers, causing other impacts in the surrounding areas and neighborhoods.

This proposed amendment would streamline the review process, clearly define the use regulations for applicants, and also affirm the appropriate requirements with regard to parking for these facilities.  It also would provide surety to both applicants, as well as neighboring property owners, to the review and approval processes for the establishment of this particular use.

To determine the appropriate demarcation between "Event Center, Small" and "Event Center, Large" staff looked at the two main items that would substantially impact the total occupancy for a new proposed event center: minimum parking ratios and the Fire Code load factor.  Staff began by conducting an analysis of the existing establishments that would fit within the "Event Center" use, specifically looking at their total occupancy and their current zoning.  The analysis of the existing event spaces determined that the median occupancy of these current locations was 300 occupants.  A median value for occupancy was chosen over an average value to help prevent the delineation from being skewed higher by a few extraordinary locations’ maximum occupancy.  The median is determined by ranking the existing locations from smallest to largest, and then dividing the locations so that there are an equal number of below the median as there are above.  In this particular survey, the average maximum occupancy can be significantly influenced by a couple of very-large establishments, making it less representative of the majority of event centers; therefore, the median gives a better representation of existing occupancy than the average would.

Once the existing median occupancy was determined between "Event Center, Small" and "Event Center, Large," staff began working through the occupancy limits of new spaces based on the International Fire Code's load factors.  Once the highest potential occupancy was determined, staff began studying the parking demand that would be required to accommodate the maximum occupancy scenario.  Through studying other municipalities’ equivalent ordinances, and in studying the minimum parking ratios required in Article 9 of the Land Development Code, staff proposes a parking ratio that would be consistent to accommodate the highest potential demand, while also not burdening future event centers by requiring excessive parking requirements.  In studying the current zoning of the existing locations, staff determined the compatible Base Zoning Districts and review level to help mitigate the impacts an Event Center would most likely have on Residential and certain Non-Residential Base Zoning Districts.

The following is a summary listing of the proposed changes:

1. Article 4: Use Table
1. To include “Event Center, Small” and “Event Center, Large” into Section 20-402: “Residential District Use Table”
2. To include “Event Center, Small” and “Event Center, Large” into Section 20-403: “Nonresidential District Use Table.”

2. Article 9: Parking, Loading and Access
1. To establish the minimum amount of vehicle and bicycle parking required in Section 20-902: “Off-Street Parking Schedule A” for both “Event Center, Small” and “Event Center, Large”

3. Article 17: Terminology
1. To refine the existing definition of “Entertainment and Spectator Sports” use in Section 20-1725 to provide clarity between it and the new “Event Center” definition.
2. To define “Event Center,” and “Event Center, Small” and “Event Center, Large” in Section 20-1772.

A full copy of Articles 4, 9 and 17, listing the proposed changes, is attached to this staff report.  Text to be deleted is shown with strikeout and proposed text is shown in underlined font.

CRITERIA FOR REVIEW & DECISION-MAKING

Section 20-1302(f) provides review and decision-making criteria on proposed text amendments.  It states that review bodies shall consider at least the following factors:

1)       Whether the proposed text amendment corrects an error or inconsistency in the Development Code or meets the challenge of a changing condition.

Staff Response: The proposed text amendments address a deficiency that staff has recognized in the Land Development Code.  The demand for such facilities has brought to light the need for clearly defined requirements and regulations for both applicants and staff.  Previously, other use classifications such as “Nightclub” have been applied to Event Center facilities. These classifications do not accurately reflect fitting requirements and regulations within the Land Development Code for these uses, and they also mislead surrounding neighbors/property owners as to the actual use associated with these proposals.  These amendments also would provide a discernible process for applicants to follow, a stronger delineation of appropriate zoning districts, and clearly define the Code expectations for such a use for all parties.  This use is not currently defined in the Land Development Code and best fit options are not efficient in establishing such uses currently.

For the residentially zoned districts, staff felt that it was appropriate for Event Centers to obtain a Special Use Permit to ensure that possible impacts to the surrounding area, such as hours of operation, parking, outdoor areas, and lights, are accounted for and managed based on surroundings and context.

2)       Whether the proposed text amendment is consistent with the Comprehensive Plan and the stated purpose of this Development Code (Sec. 20-104).

Staff Response: The comprehensive plan does not specifically address these amendments.  The Comprehensive Plan categorizes uses very broadly; generally aggregating more specific uses into the broader categories such as residential, commercial and industrial.

This proposed use clearly defines what an “event center” is, and would allow spaces to be planned to perform these functions in a manner that is consistent with their facility and also ensure more adequate compatibility with surrounding areas.  These amendments carry out the plan’s goal of using zoning standards to create compatible neighborhoods and efficient development processes, as noted in Chapters 3, 4, 5, and 6 of Horizon 2020. 

PROFESSIONAL STAFF RECOMMENDATION

Staff recommends forwarding a recommendation of approval to the Lawrence City Commission of this text amendment to the Land Development Code, Chapter 20 of the Code of The City of Lawrence, Kansas defining and creating an “Event Center” use.