ITEM NO. 5:               CONSIDERATION OF THE NEW DEVELOPMENT CODE, NOVEMBER 17, 2004, EDITION THAT REPLACES THE EXISTING ZONING ORDINANCE NO 3500 AND ALL AMENDMENTS SINCE ADOPTION IN 1966(LMF)   The proposed “Zoning Map, November 17, 2004 Edition” includes zoning designations for all property located within the corporate limits of the City of Lawrence, Kansas.  The proposed “Zoning Map, November 17, 2004 Edition” is incorporated by reference as if fully set forth in this notice. Copies of the proposed “Zoning Map, November 17, 2004 Edition” are available for review at the Office of the Lawrence-Douglas County Planning Department, City Hall, 6 E. 6th Street, Lawrence, Kansas during regular business hours.  The proposed “Zoning Map, November 17, 2004 Edition” is also available at http://www.lawrenceplanning.org/.   This item is the second part of the revisions initiated by the Planning Commission on August 25, 2004.  1)  Z-10-49G-04:  Rezoning of properties currently zoned CP (Commercial Parking) to zoning districts associated with the developments the CP-zoned sites serve, based on the Table of CP Properties, and 2) Z-10-49H-04:  Rezoning of various properties in twelve older neighborhoods currently zoned RS-2 to RS5 based on lot sizes (as indicated on the Map of RS5 properties).  Maps and ownership tables for these zoning districts were developed based on Planning Commission direction.  The RS5 designation is part of the official zoning map and appears on the composite zoning map of all district designations.  Initiated by the Planning Commission at their meeting on August 25, 2004.  The Planning Commission held public hearing on the first portion of initiated rezonings for the new zoning map on November 17, 2004.  The map designations initiated for public hearing at December’s meeting are the CP to related zonings [RM24 (RMO), CC200 and PCD-2 [Westgate];] and specific portions of older neighborhoods from RS-2 to RS5.

 

 

STAFF RECOMMENDATION:  Staff recommends approval of the zoning map revisions to rezone 12 parcels from CP (Commercial Parking District) to PCD-2 [Westgate]; CC200; RM24; and RMO as outlined in the Reference Table of CP Zoned Areas.   Staff recommends approval of the rezoning map revisions to rezone portions of Barker, Breezedale, Brook Creek, Centennial, East Lawrence, North Lawrence, Old West Lawrence, Oread, Pinckney, Sunset Hills, and University Place Neighborhoods from RS-2 (Single-Family Residence District) to RS5 (Single-Family Residential District) as indicated on the attached maps.   Staff further recommends the Planning Commission forward a recommendation for approval of the revised zoning map designations to the City Commission.

 

 

 

 

 

 

Reason for Request:

The Zoning Code is one of three major tools provided by State Statutes to implement a Comprehensive Land Use Plan.  A diagnostic review of the Zoning Code was initiated shortly after adoption of HORIZON 2020, the City/County Comprehensive Land Use Plan. The Development Code is based on this diagnostic review and incorporates both the Zoning and Subdivision Regulations for the City of Lawrence.  Adoption of this Development Code, a regulatory tool to help implement HORIZON 2020, is consistent with State Statutes.

 

KEY POINTS ·         Section 20-110, Transitional Provisions, includes a subsection (e), Zoning District Names that provides a table for map designation conversions from the current map designations to the new map designations for all the conventional base zoning districts. ·         Special Purpose Base Districts have no designated conversion and, therefore, were initiated by map by the Planning Commission at their August meeting. ·         Two revisions to the zoning map not covered in Section 20-110(e) are: 1) the conversion of CP (Commercial Parking) zoned areas to a compatible zoning based on their existing use, and 2) the conversion of RS-2 zoned areas in established neighborhoods where development patterns are based on lots of 5000 square feet to 6999 square feet.  ·         Map designations will occur with adoption of the Development Code by the City Commission, and take effect on January 24, 2005, when the Development Code takes effect.

 

 

 

 

 

RELEVANT GOLDEN FACTOR: Conformance with the Comprehensive Land Use Plan is the relevant factor that applies to this request to adopt a new zoning ordinance as part of the Development Code for the City of Lawrence.   Staff Finding – Horizon 2020 includes Chapter 13 – Implementation which notes that adoption of the comprehensive plan was the first step in a continuous planning process.  This chapter outlines the need to adopt updated development regulations to implement the goals and policies identified in the plan.  The proposed Development Code addresses many of the items identified on pages 13-2 and 13-3 regarding development standards and the creation of zoning districts to permit more flexibility and opportunities in the development process.  Adoption of the recommended zoning districts and rezoning properties as outlined in this report is consistent with the implementation steps identified in the Comprehensive Plan.

 

 

PREVIOUS ACTION ON ASSOCIATED ITEMS The proposed new zoning ordinance as part of the Development Code was Item No. 3 on the November 17, 2004 Planning Commission agenda. This item was recommended for approval by the Planning Commission and is on the December 14, 2004 City Commission agenda for action. Adoption of the Development Code will integrate the City Zoning and Subdivision Regulations into one chapter of the City Code. Associated and inseparable from the adoption of a new zoning ordinance is the official Zoning Map. K.S.A 12-753 gives the governing body the ability to adopt or amend by ordinance the zoning regulations in the manner provided for in KSA 12-737 et seq. In specific reference to the adoption of a Zoning Ordinance and the official zoning map, the statutes state: “Such regulations shall define the boundaries of zoning districts by description contained therein or by setting out such boundaries upon a map or maps incorporated and published as part of these regulations or by reference in such regulations of an official map or maps upon which such boundaries shall be fixed.”[KSA 12-753(a)]

 

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING   ·        Staff has responded to questions relative to the recommendations to rezone portions of RS-2 neighborhoods to the RS5 District.  Staff anticipates receipt of several letters regarding the proposed changes at the Commission’s study session on December 13, 2004.  ·       No additional comments relative to the Zoning Map conversions were received prior to publication of this staff report on December 10, 2004.

 

 

Maps Associated with this report are located on the Planning Department website: www.lawrence planning.org or are available for public viewing during regular office hours at the Planning Department, first floor, City Hall, 6 E 6^th Street.

 

 

SUMMARY OF ZONING MAP REVISIONS

 

The Zoning Map, by State Statute, is a portion of the Zoning Regulations and requires adoption at the time of new Zoning Regulations.  The Development Code is written so that existing map designations are converted to new map designations to match the new zoning districts created in the Development Code by virtue of the adoption & approval of the new Zoning Regulations[re: Z-10-49A-04]. However, there are some map designations that are not provided for in Section 20-110(e).  These conversions required a separate initiation by the Planning Commission because either, there are no similar districts in the existing regulations or there is no comparable district in the new regulations.

 

On July 9, 2004, planning staff presented at the Planning Commission mid-month meeting a set of seven map designation conversions that required initiation. The seven map designations were place on the August 25, 2004 agenda, at which time they were initiated for consideration as part of the public hearing and approval process for a new Development Code. The separate map designations that were initiated for public hearing at the November 17, 2004 Planning Commission meeting are:

1. City, County and USD 497 owned properties that are appropriately developed with uses permitted in the special purpose base districts of GPI and OS categories in the Development Code. [Z-10-49B-04]
2. The main campus of Lawrence Memorial Hospital based on the adopted LMH master plan, for conversion to the special purpose base district of H (Hospital) in the Development Code. [Z-10-49C-04]
3. Primary campuses of the University of Kansas and of Haskell Indian Nations University Campus property to the special purpose base district of U (University) in the Development Code. [Z-10-49D-04]
4. Properties that retained their county zoning designation upon annexation to the special purpose base district of UR (Urban Reserve) in the Development Code. [Z-10-49E-04]
5. Conversion of existing Planned Unit Developments [PUDs, PRDs, PCDs, and PIDs] to their own individual map designation, as provided for in the Development Code.  These map designations represent special purpose base districts designed only to be used for the conversion of existing, approved Planned Unit Developments and not for expansion of such districts after adoption of the Development Code.  Associated with these map designations is a table of permitted uses approved for each Planned Unit Development. [Z-10-49F-04]  

These map revisions were recommended for approval by the Planning Commission on November 17, 2004 and are scheduled for City Commission action on December 14, 2004.

 

The separate map designations that were initiated for public hearing at the December 15, 2004 Planning Commission meeting are:

 

1. Thirteen existing properties zoned CP (Commercial Parking) District, for which there is no comparable zoning district in the Development Code.  These properties were individually initiated to a new map designation based on their use or association with and adjacent RM or C zoned property. [Z-10-49G-04] [Through the review process, this group of properties has been reduced to 12.  One existing CP district is adjacent to the Community Building and is a portion of the same parcel.  The entire parcel has been recommended to be rezoned to GPI [General Public & Institutional District].
2. Portions of central neighborhoods in Lawrence with platted lots measuring between 5,000 and 6,999 square feet in area, currently zoned RS-2 and non-complying as to lot dimensions, to the new zoning category of RS5.   Areas included in this initial map designation are areas of platted and developed lots of 5,000 to 6,999 square feet. [Z-10-49H-04]

 

Each set of map revisions is briefly summarized below. A map showing the specific areas where the initiated map conversions are located accompanies this staff report. These maps are also posted on the planning department website at http://www.lawrenceplanning.org/.

 

v      Twelve properties currently zoned CP (Commercial Parking District) to be rezoned to the same zoning district as the property that they serve [Z-10-49G-04]

 

The CP (Commercial Parking) district was created in 1966 when the current zoning ordinance number 3500 was adopted. At that time, the district was known as the C-1 zoning district.  In 1979, the C-1 zoning district designation was recreated as a Limited Neighborhood Commercial District and the Commercial Parking district was renamed to CP.

 

The CP district purpose statement is:

“This district is designed to consist of (1) areas developed for off­-street parking purposes in former residential districts to serve adjacent business establishments and (2) open areas which are appropriate for off­-street parking development intended to serve non­-residential districts located adjacent to residential districts.  This district is intended to facilitate the providing of off­-street parking facilities adjacent to residential areas and to act as a buffer between these residential areas and nearby commercial and industrial areas.”

The only uses permitted in this district were agricultural field crops, temporary uses and off-street parking.

 

The twelve sites zoned CP are shown on the accompanying map. The sites have been assigned numbers for ease of reference. From west, proceeding in a clockwise fashion, the CP zoned areas are listed on the table on the following page.  [Through the review process, this group of properties has been reduced to 12.  One existing CP district is adjacent to the Community Building (at 11th and Vermont) and is a portion of the same parcel.  The entire parcel has been recommended to be rezoned to GPI [General Public & Institutional District].

 

 

A ledger size map of the areas to be rezoned and a table with property descriptions follows.

 

 

 

 

v       Rezoning to RS5 of Central City Subdivisions Zoned RS-2 with Lots between 5,000 and 6,999 square feet in area. [Z-10-49H-04]

 

Background

In April 1966, Ordinance No. 3500, the current zoning ordinance, created the smallest single-family lot size as 7,000 square feet (re: RS-2 district).  Many central city neighborhoods primarily located east of Iowa and north of 19^th Street, had lots in existence prior to this date that had lot areas less than this new standard. This discrepancy in zoning and platted lot sizes created many instances of non-conforming lots in the central city area.  Non-conformities existed primarily in the inability of these lots to comply with minimum lot dimensions and required minimum setbacks.  Where the substandard lot size was coupled with multiple-family zoning densities, neighborhoods experience a shift in residential character from predominately single-family to multiple-family, with an emphasis on student-oriented housing options.  When this new code was being developed, an informal coalition of representatives from these central city neighborhoods requested a zoning category that was representative of their smaller lot sizes and one that would recognize the existing, smaller platted lot sizes in these neighborhoods.  The RS5 zoning district was created specifically in response to this request for smaller lots in single-family use.

 

The older platted subdivisions in Lawrence include the Original Townsite and the West Lawrence Addition. These subdivisions cover portions of three neighborhoods in addition to the downtown area.  The lot and block layout in these subdivision included alleys (16’ wide) and a standard lot size of 50’ x 117’ in the residential neighborhoods.  North Lawrence Additions were also platted with smaller lots but the majority of additions in North Lawrence do not include platted alleys.  Older subdivisions in East Lawrence, Brook Creek and along Massachusetts Street were platted with lots less than the minimum lot area for the RS-2 zoning designation they currently have. In these older subdivisions with RS-2 zoning, having a lot less than 7,000 square feet in area creates additional burdens and regulatory reviews for property owners wanting to add on to their houses or wanting to sell off an adjacent undeveloped lot that was originally yard area for some of the bigger, older homes built west of Massachusetts.  The Existing Lot of Record provision [section 20-1502 of the existing code] was created to address these substandard lots issues.  However, the regulation was poorly worded and is complicated to administer. It discourages infill development, and does not apply to lots with smaller lot areas than 5,600 sq. feet.  Many platted lots in the Brook Creek Neighborhood (for instance) have 40’ frontages and lot areas of less than 5,600 sq. feet.  This means their only development, expansion or redevelopment option is to petition the Board of Zoning Appeals (BZA) for a variance from the minimum lot size in RS-2.  The BZA has not always granted lot area variances for lots smaller than the minimum permitted in the Existing Lot of Record section of the code (re: 5,600 sq. ft. for RS-2 zoned lots).  Appeal of a BZA decision is through the court system.

 

New Development Code Requirements

The new Development Code permits lots in the RS5 District with a minimum of 40’ of lot width and 5,000 square feet of lot area.  Generally lots in this district will allow development with front and rear yard setbacks of 20’ and interior side yard setbacks of 5’. The current RS-2 District requires 25’ front & 30’ rear yard setbacks and 60’ wide lots containing at least 7,000 square feet.  General Standards for Accessory Structures are outlined in Section 20-502(b) and apply uniformly to all districts.  Many of the existing developed properties in the older parts of the City are not developed in accordance with current RS-2 setbacks.  Many of these lots were platted with less width and area.  Rezoning to RS5 will make many existing developed lots and structures complying and will permit development or redevelopment without seeking variances from the Board of Zoning Appeals.  Rezoning will also facilitate some infill development on lots which previously had been considered too small to meet the Existing Lot of Record definition.

 

New development on RS5 lots will be required to comply with the development standards created in the Development Code.  Standards regarding maximum building coverage, maximum impervious surface coverage, and minimum outdoor area per dwelling unit are all new standards that apply in the RS5 District.  New development in the RS7 District will also be required to comply with maximum building coverage and maximum impervious surface coverage; however a minimum outdoor area per dwelling unit is not required in this district.  

 

Land uses permitted in the proposed RS7 and RS5 Districts are similar (detached dwellings and home occupations); however accessory dwellings are not permitted in the RS5 District (and are permitted in the RS7 District).  The definition of family (which limits the number of unrelated persons to three in a dwelling unit) applies to all RS zoning districts.  Therefore, designation of the identified lots as RS5 rather than RS7 will not change the occupancy permitted in these homes.

 

 

Map Summaries

The attached maps provide illustrations of the RS-2 areas within the different neighborhoods that have been proposed to be rezoned to RS5.  The lots that contain between 5,000 and 6,999 square feet are individually highlighted in yellow.  Staff has recommended rezoning of multiple blocks in neighborhoods that include a predominance of these less than 7,000 square foot lots.  Staff has attempted to identify logical zoning district boundaries following the centerline of streets or property lines so as not to create spots of RS5 zoned properties.  All lots less than 7,000 square feet are not proposed to be rezoned to RS5.  This does result in several existing lots that are less than 7,000 square feet in size which are isolated within areas to be rezoned to RS7.

 

Barker Neighborhood

The proposed RS5 District includes lots along both sides of 19th Street and both sides of Johnson Avenue between Barker Avenue and Learnard Avenue.  The proposed district also includes all of the RS-2 properties between Massachusetts Street and Barker Avenue between 15th Street and 23rd Street. 

 

There are a few scattered lots east of Barker Avenue that have not been included in the proposed district because the majority of lots in these areas are 7,000 square feet or larger.

 

 

Breezedale and Park Hill Neighborhoods

The proposed RS5 District includes all of the Breezedale Neighborhood bounded by the lots along the west side of Massachusetts Street south of 23rd Street; lots on the north side of Indian Avenue; and lots on the west side of Barker Avenue.  The boundary of this district on the east and south will be the U (University) District which encompasses the HINU property.

 

A portion of the abutting lots along the east side of Vermont Street in the Park Hill Neighborhood are less than 7,000 square feet in size.  The majority of the Park Hill neighborhood conforms to the RS7 District requirements; therefore these lots have not been included in the proposed RS5 District.

 

 

Brook Creek Neighborhood

Three areas within this neighborhood are proposed to be included in the RS5 District.  These areas encompass most, but not all, of the substandard sized lots in the neighborhood.  One area includes the existing RS-2 lots bounded by the lots on the west side of Maple Lane and the east side of Elmwood Street between 13th and 15th Streets; the lots north of 13th Street between the west side of Prairie Avenue to Elmwood Street; and the lots along both sides of the 1500 and 1600 blocks of Cadet Avenue.  This area is bounded by Brook Creek Park properties and cemetery properties that will be rezoned to the OS (Open Space) District.  This district also includes two areas of Brook Creek Park which will be designated OS.

 

The second RS5 area within this neighborhood is located north of 19th Street and encompasses lots along both sides of Brook Street, Miller Drive and Maple Lane.  It is bounded on the north by Edgewood Park which will be rezoned to the OS District.

 

The third area is located south of 15th Street and includes properties in the 1500 and 1600 blocks of Harper Street and Powers Street; the 1500 blocks of Craig Court; Wedgewood Drive and Lindenwood Lane; and a portion of the lots in the 1600 blocks of Wedgewood Drive and Lindenwood Lane.

 

 

Centennial Neighborhood

The proposed RS5 District encompasses most of the existing RS-2 lots within the neighborhood.  This area is generally bounded by 19th Street on the north; Massachusetts Street on the east; 23rd Street on the south; and Louisiana Street on the west.  A few scattered lots less than 7,000 square feet in size are located along Alabama Street and Mitchell Street and are not proposed to be rezoned because they appear to be spots within an area of larger lots.

 

 

East Lawrence Neighborhood

The proposed RS5 District encompasses all of the existing RS-2 lots within the neighborhood except for the Hobbs Park property which will be rezoned to the OS District and the New York School property which will be rezoned to the GPI District.  There are many other substandard sized lots in the neighborhood; however they are currently zoned RM-1 and RM-2.

 

 

North Lawrence Neighborhood

Three areas of North Lawrence are proposed to be rezoned to the RS5 District to provide compliance with lot sizes that have been platted over time.  The largest area is generally located between N. 2nd and N. 4th Streets and includes the lots on both sides of Maiden Lane, Funston Avenue, Lyon Street and Pleasant Street.  This area also includes the lots on the south side of the 400 block of Lyon Street that are adjacent to lots currently zoned M-2 (General Industrial District).

 

Another area proposed to be rezoned to RS5 includes the current RS-2 properties on the south side of the 200 block of Lincoln Street and the north side of the 200 block of Perry Street.

 

The third area proposed to be rezoned RS5 includes existing RS-2 properties on both sides of the 300 and 400 blocks of Elm Street and on the north side of the 500 block of Elm Street.

 

There are a number of other scattered lots within the North Lawrence neighborhood that are less than 7,000 square feet.  These properties have not been proposed for inclusion in the RS5 District because they are adjacent to larger lots or parcels and are typically not the predominant lot size in these blocks.  There are many other substandard sized lots in the neighborhood; however they are currently not zoned RS-2.

 

 

Old West Lawrence Neighborhood

The proposed RS5 District encompasses all of the existing RS-2 lots within the neighborhood.

 

 

Oread Neighborhood

The proposed RS5 District encompasses all of the existing RS-2 lots within the neighborhood.  This area generally includes lots in the 1500 and 1600 blocks of Ohio Street, Vermont Street and Massachusetts Street.  It also includes properties in the 1700 block of Vermont Street.  There are many other substandard sized lots in the neighborhood; however they are currently not zoned RS-2.

 

 

Pinckney Neighborhood

Two areas in the neighborhood are proposed to be rezoned RS5.  The first area includes lots along the east side of the 200 and 300 blocks of Michigan Street and the west side of the 200 block of Arkansas Street.  This area is bounded by the H (Hospital) District on the east side.

 

The second area includes the majority of lots south 4th Street between Arkansas Street and Tennessee Street.  This area also includes lots south of 3rd Street between Alabama Street and the west side of Indiana Street.  Areas currently zoned RS-2 that are excepted from this proposed district include Pinckney School and the City’s Traffic Division property (to be rezoned GPI) and larger lots between Indiana Street and Louisiana Street.

 

 

Sunset Hills Neighborhood

Several blocks in this neighborhood are contained in the Sunset Hills Estate subdivision that was platted in the early 1950s and contain substandard sized lots.  This area is north of 9th Street between Centennial Park on the east and Ludlam Park (located on the north side of 9th at Schwartz Road).  The area proposed to be included in the RS5 District encompasses lots along Moundview Drive, Century Drive, Murrow Court, Madeline Lane, Crestline Drive, National Lane, and the west side of Rockledge Road.

 

 

University Place Neighborhood

The proposed RS5 District encompasses all of the existing RS-2 lots within the neighborhood.

 

 

Ledger size maps of the areas to be rezoned and tables with property descriptions follows.

 

 

SUMMARY

The Zoning Code is one of three major tools provided by State Statutes to implement a Comprehensive Land Use Plan.  A diagnostic review of the Zoning Code was initiated shortly after adoption of HORIZON 2020, the City/County Comprehensive Land Use Plan. The Development Code is based on this diagnostic review and incorporates both the Zoning and Subdivision Regulations for the City of Lawrence.  Adoption of this Development Code and the official zoning district map, a regulatory tool to help implement HORIZON 2020, is consistent with State Statutes.

 

 

CONFORMANCE WITH THE COMPREHENSIVE PLAN

 

• Staff Finding – Horizon 2020 includes Chapter 13 – Implementation which notes that adoption of the comprehensive plan was the first step in a continuous planning process.  This chapter outlines the need to adopt updated development regulations to implement the goals and policies identified in the plan.  The proposed Development Code addresses many of the items identified on pages 13-2 and 13-3 regarding development standards and the creation of zoning districts to permit more flexibility and opportunities in the development process.  Adoption of the recommended zoning districts and rezoning properties as outlined in this report is consistent with the implementation steps identified in the Comprehensive Plan.

 

 

PROFESSIONAL STAFF RECOMMENDATION  

Staff recommends approval of the zoning map revisions to rezone 12 parcels from CP (Commercial Parking District) to PCD-2 [Westgate]; CC200; RM24; and RMO as outlined in the Reference Table of CP Zoned Areas.

 

Staff recommends approval of the rezoning map revisions to rezone portions of Barker, Breezedale, Brook Creek, Centennial, East Lawrence, North Lawrence, Old West Lawrence, Oread, Pinckney, Sunset Hills, and University Place Neighborhoods from RS-2 (Single-Family Residence District) to RS5 (Single-Family Residential District) as indicated on the attached maps.

 

Staff further recommends the Planning Commission forward a recommendation for approval of the revised zoning map designations to the City Commission.