Memorandum
City of Lawrence
Legal Services Department
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TO: |
Mike Wildgen, City Manager
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FROM: |
David L. Corliss Assistant City Manager & Director of Legal Services
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Date: |
November 22, 2005
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RE: |
Text Amendments – Setback Requirements and Governmental Takings |
Communications from interested parties
The City has received the following correspondence concerning these proposed text amendments:
Watkins – Letter Dated 10/20/05 to CC & PC Letter Dated 11/23/05 to Mayor Highberger Letter Dated 11/23/05 to Terry Riordan Watkins - Setbacks per Current Ordinance Watkins - Alternative Setback Recommendation
City staff agrees with the analysis provided in the Shortlidge letter. With the successful enactment of these text amendments, planning staff should have the necessary tools to make a determination that the property is not a non-complying property under our land use laws.
Retroactive Effective Date
On September 6, 2005 the City Commission initiated two text amendments concerning the impact governmental takings have on certain City setback requirements. In approving both text amendments the Planning Commission provided that the regulation shall be retroactively effective as of a suitable date to be chosen by the governing bodies. Staff recommends that the retroactive date be the date that the text amendments initially became effective. Ordinance 5034 enacted Ch. 20, Art. 10. and became effective on April 11, 1979. Ordinance 6146 regarding the 50’ setback along west 6th became effective on January 31, 1991. If the City Commission approves the text amendments, the respective ordinances will be prepared indicating appropriate retroactive impacts.
KSA 12-765 Procedures
The provisions of KSA 12-765 govern the enactment, and subsequent amendment, of Chapter 20, Article 10. Once the City Commission indicates the appropriate form of this text amendment, the Commission will need to conduct a public hearing on the amended text amendment after 20 day newspaper notification. See a reprint of KSA 12-765 below.
Possible Future Applications of an Extra-Ordinary Setback pursuant to KSA 12-765
As a future planning item, the City Commission may wish to consider requesting study of the appropriate use of an extra-ordinary setback pursuant to KSA 12-765 on other future road corridors. For example, it may be appropriate to consider enactment of an extra-ordinary setback corridor along U.S. Highway 40 west of K-10 as this area is likely to see development interests in future years.
12-765. Same; setback lines on streets and highways; modifications or variances, when; notice and hearing. (a) Whenever any city or county has as a part of a comprehensive plan adopted a plan for its major street or highway system, after consultation with the secretary of transportation and the county engineer and any planning commission of the county or counties within which such system lies, the governing body is hereby authorized and empowered, to establish by the appropriate ordinance or resolution building or setback lines on such existing and proposed major streets or highways and to prohibit any new building being located within such building or setback lines on property within the plat approval jurisdiction of the city. Such ordinance or resolution may incorporate by reference an official map, which may include supplementary documents, setting forth such plan which shall show with reasonable survey accuracy the location and width of existing or proposed major streets or highways and any building or setback lines. The governing body shall provide for the method by which this section shall be enforced. Such official map shall not be enforced until after a certified copy of such map and adopting ordinance or resolution has been filed with the register of deeds of the county or counties in which such system lies. The board of zoning appeals shall have the power to modify or vary the building restrictions herein authorized in specific cases, in order that unwarranted hardship, which constitutes a complete deprivation of use as distinguished from merely granting a privilege, may be avoided, yet the intended purpose of the regulations shall be strictly observed and the public welfare and public safety protected. The setback ordinance, resolution or official map shall not be adopted, changed or amended by the governing body until a public hearing has been held thereon by the governing body. A notice of the time and place of such hearing shall be published in the official city newspaper in the case of a city or the official county newspaper in the case of a county. Such notice shall be published at least 20 days prior to the date of the hearing. The powers of this section shall not be exercised so as to deprive the owner of any existing property or of its use or maintenance for the purpose to which such property is then lawfully devoted.
(b) The provisions of this section shall become effective on and after January 1, 1992.
History: L. 1991, ch. 56, § 22; July 1.