PLANNING COMMISSION REPORT

Regular Agenda -- Public Hearing  Item

 

PC Staff Report

7/25/07

   ITEM NO. 11:         TEXT AMENDMENT TO CHAPTER 20 DEVELOPMENT CODE (JCR)

 

TA-06-11-07: Consider amendment request from Landplan Engineering to amend Section 20-403, the Nonresidential District Use Tables to permit “Quality Restaurants” in the IL District.  Initiated by City Commission on June 19, 2007.

 

 

RECOMMENDATION:  Staff recommends the Planning Commission forward a recommendation for approval of the proposed revisions [TA-06-11-07] to Section 20-403 of the “Land Development Code, June 26, 2007 Edition” to the City Commission.

 

 

Reason for Request:

The applicant has requested the amendment so that uses classified as “Quality Restaurants” may be permitted in the IL (Limited Industrial) District.

 

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.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

No written correspondence has been received.

 

DISCUSSION OF PROPOSED AMENDMENT

The applicant has submitted a request for a text amendment to the Land Development Code.  If approved, this amendment would permit Quality Restaurants in the IL District.  In discussing the applicant’s proposal, Staff determined it necessary to permit Accessory Bars in the IL District as well. 

 

By definition, Accessory Bars must be accessory to Quality Restaurants.  Many uses defined as Quality Restaurants include Accessory Bars.  For consistency, Staff suggests that Accessory Bars be permitted as an accessory use in the IL District if Quality Restaurants are permitted.  Additionally, Staff recommends that Accessory Bars be permitted in the CO District as well.  This district permits Quality Restaurants as well, thus it appears that this use was inadvertently left out of the use table upon publication.

 

REVIEW AND DECISION-MAKING CRITERIA (Section 20-1303(f))

In reviewing and making decisions on proposed zoning text amendments, review bodies shall consider at least the following factors:

 

(1)            Does the proposed text amendment correct an error or inconsistency in the Development Code or meet the challenge of a changing condition?

 

The proposed amendment does correct an error and inconsistency in the Development Code.  By definition, Accessory Bar uses are commonly associated with Quality Restaurant uses, however the Development Code does not permit Accessory Bar uses in the CO District, while Quality Restaurant uses are permitted. 

 

Staff supports the request to permit both uses in the IL District.  This district permits fast food uses.  According to Sec. 20-215(a) of the Development Code, the purpose of the IL District is “to accommodate low-impact industrial, wholesale and warehouse operations that are employment-intensive and compatible with commercial land uses.”  As a result of changing conditions, locating restaurant uses adjacent to or within employment centers is desirable because it results in a mixture of uses and allows employees to make shorter trips on breaks. 

 

The proposed text amendment would meet the challenge of changing conditions and correcting errors and inconsistencies in the Development Code.

 

(2)            Is the proposed text amendment consistent with Horizon 2020 and the stated purpose of the Development Code (See Sec. 20-104)

 

Horizon 2020 supports the concept of commercial and office development as a transitional use for Industrial/Employment-related development.  Policy 2.4.a. states “Consider low-intensity commercial or office development as a transition between industrial development and low density residential neighborhoods…”  Horizon 2020 generally supports locating such uses in proximity to industrial and employment centers.

 

Section 20-104 of the Development Code states “This Development Code is intended to implement Horizon 2020 and other applicable plans adopted by the City Commission in a manner that protects, enhances and promotes the health, safety and general welfare of the citizens of Lawrence.” 

 

 

 

 

 


 

Pg. No.

 

Section No.

20 -

Recommended Text Change

Article 4. Use Table

4-10

403

Permit “Quality Restaurant” uses in the IL District, as requested by the applicant.  Permit “Accessory Bar” uses in the IL and CO Districts for consistency.

 

 20-1301               Nonresidential District Use Table

KEY:   A   =  Accessory     P = Permitted      S = Special Use

            *   =  Standard Applies        –  Use not allowed

CN1

CN2

CO

CD

CC

CR

CS

IBP

IL

IG

OS

GPI

H

Use Specific Standard

COMMERCIAL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Eating & Drinking Establishments

Accessory Bar (Ord. 8098)

A*

A*

– A*

A*

A*

A*

A*

A*

– A*

–

–

–

–

20-509

Bar Or Lounge

–

–

–

P*

P*

P*

P*

–

–

–

–

–

–

20-509

Brewpub

–

P*

–

P*

P*

P*

P*

–

–

–

–

–

–

20-509

Fast Order Food

(Ord. 8098)

P*

P*

P*

P*

P*

P*

P*

–

P*

–

–

–

A*

20-509 &

20-511

Fast Order Food,  With Drive-In

(Ord. 8098)

–

S

–

–

P

P

P

–

P

–

–

–

–

 

Nightclub (Ord. 8098)

–

–

–

P*

–

P*

P*

–

–

–

–

–

–

20-509

Private Dining Establishments

(Ord. 8061)

P*

P*

P*

P*

P*

P*

P*

P*

–

–

–

–

–

20-539

Restaurant, Quality

P*

P*

P*

P*

P*

P*

P*

P*

– P*

–

–

–

–

20-524