Department: Public Works, Planning Division
Staff Contact: Aimee Nassif, Chief Planning and Development Officer
Subject: UDO19-0003A Amendments to Chapters 18.20., 18.30., 18.40., 18.50., 18.90., and 18.94.
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Item Description:
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Discussion regarding Proposed Amendments to Chapters 18.20, 18.30, 18.40, 18.50, 18.90, and 18.94 of the Unified Development Ordinance (UDO19-0003A). Planning Commission recommends approval 7-0. (20 min)
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Summary:
Earlier this year, staff identified several chapters of the Unified Development Ordinance (UDO) which needed updating. The updates pertained to items such as 1) improving the graphic and the language clarity for drive-through requirements; 2) improving the use matrix readability for several land use categories; 3) updating the satellite dish antenna requirements and several housekeeping items. Staff is also recommending a new accessory land use called “Crisis Care Network, Religious or Faith-Based.” Updates for UDO19-0003A will improve the customer experience and process efficiency through increased clarity, improving readability for the public as they navigate the use matrix.
PUBLIC HEARING DISCUSSION:
On July 22, 2019 a public hearing was held for UDO19-0003A before the Planning Commission. At that time staff requested that the proposed update to Section 18.30.160 pertaining to truck trailer parking be held to a later date. In addition, after receiving feedback on Section 18.50.020, we realized this update created some confusion, so we recommended it be removed from consideration.
During the public hearing several speakers addressed the Planning Commission on Section 18.20.500 pertaining to religious institutions. These speakers requested that the religious institution use be expanded into the BP Business Park district. Currently, the UDO allows religious institutions in all residential, commercial, and industrial districts but not in the Business Park district or the Downtown districts. The speakers were requesting allowance in the BP district to accommodate a proposed new development at 157th and Pflumm. After listening to the request, the Planning Commission did not recommend that update.
Speakers also addressed the Planning Commission on the new land use for “Crisis Care Networks, Religious or Faith-Based”. This use is being added to provide an option for groups if they choose to use it. This addition does not remove any existing use nor is any group required to adhere to it; it simply allows groups an opportunity to provide these important services to those in need (and any new/future groups who would like to).
Staff communicated with individuals on this update before the public hearing and afterward to discuss the new use and answer questions. As a result of these discussions as well as hearing concerns expressed during the public hearing, Staff is recommending that Section 18.50.033.D.1 pertaining to restrictions on individuals who may seek overnight accommodations be removed based on the concerns expressed by the individuals during and after the public hearing.
HOUSEKEEPING UPDATES:
Staff is recommending two minor updates to the use matrix as part of the housekeeping portion of this report. The first update is removing the land use category “Delicatessen, Limited Service” as this definition is a duplication of the existing “Restaurant, Limited Service or Carry Out” category. The second involves moving section references for Drive In and Drive Through services for restaurants and financial institution requirements to their associated land use categories. These section references serve no purpose as their own line item in the matrix section. Neither of these updates are changing development standards, use requirements or where the use is permitted.
The updates for consideration are provided below. Full descriptions of the updates, the recommendation, and explanation are contained in the attached Planning Commission report from July 22, 2019.
UDO AMENDMENTS - SECTION ONE: UDO UPDATES PERTAINING TO USES AND DEVELOPMENT CRITERIA
The following updates are those addressing land uses and development standards.
1. Section 18.20.200 Zoning Districts - Industrial
The purpose statement for industrial zoning (M-2 and M-3) is in the same section, however the purpose statement only addressed M-3 zoning. Staff is recommending separating the purpose statement into two distinct statements for M-2 (General Industrial) and M-3 (Heavy Industrial) zoning districts.
2. Section 18.20.500 Zoning Districts - Use Matrix
A. Restaurant, Limited Service or Carry-Out: The land use matrix has multiple use categories for the sale of food and its services, yet the terminology does not reflect what is commonly used in practice and the industry, which leads to difficulty in discerning between the categories. No development standards, criteria, nor requirements are changing.
B. Religious Institutions: Churches are currently included in the land use category Civic Assemblies and the definition does not clearly define what constitutes as a church or place of worship. Staff is recommending adding the use “Religious Institution” and its definition to the Use Matrix to clearly define this use and where it is permitted. There is no change being proposed or made to the development standards, criteria, nor to the location where permitted. Providing a recognizable and easy to locate land use category benefits the public, property owners, and applicants. Property owners have requested that this use be expanded for allowance into the BP district.
C. Group Boarding Homes: The category names for “Group Boarding Homes for Adults, Minors” and “Group Daycare Homes” are being updated to accurately reflect their definitions. No changes to location, development standards, nor criteria are proposed. This simply clarifies the use category it falls under and corrects existing errors.
3. Section 18.50.033 Supplemental Use Regulations - Crisis Care Network, Religious or Faith-Based
An opportunity exists to provide a clear category and definition for this operation so that existing groups and future groups who would like to fall under this category have a clear ability to do so. This assists religious networks who operate as an accessory use to religious institutions to focus on providing emergency services to families in crisis through a holistic approach to comprehensive care and support.
4. Section 18.50.040 Supplemental Use Regulations - Drive-Through
Current language and illustration for drive-through lane length minimums is difficult to understand. Staff is recommending updating the current drive- through graphic and defining what a stacking lane is and where the point of measurement begins.
5. Section 18.50.180 Supplemental Use Regulations - Satellite Dish Antennas
This has not been updated in many years and increasing the allowance from fifteen feet to thirty feet in height will align more with typical standards as well as with Overland Park and Lenexa.
6. Section 18.50.225 Supplemental Use Regulations - Temporary Uses (Temporary Sales and Events)
Temporary events are not permitted in the C-4 district and the commercial portion of the Planned Development (PD) district. Staff is recommending adding these zoning districts for where temporary events are permitted. Also clarifying that all Downtown districts allow events because the UDO separates downtown into three potential districts when zoning.
UDO AMENDMENTS - SECTION TWO: HOUSEKEEPING UPDATES
The following updates are considered housekeeping items as they correct verbiage or inconsistencies to reflect existing practice. The items below do not create new standards or requirements.
7. Section 18.20 Zoning Districts
Recommendation: Update verbiage regarding building height and composite standards to improve readability and ensure consistency with current practice.
8. Section 18.20.500 Zoning Districts - Use Matrix (Miscellaneous)
Recommendation: Format the Use Matrix and update inconsistent headings and use types.
9. Section 18.40.190 Procedures - Vacating Plats, Streets or Reservations
Recommendation: Update language to reference correct city title.
10. Section 18.40.220 Procedures - Appeals
Recommendation: Remove code reference to Development Service’s Director
11. Section 18.50.050 Supplemental Use Regulations - Fences, Walls or Hedges
Recommendation: Update code reference to reflect the accurate section of code.
12. Section 18.90.020 Definitions
Recommendation: Add industry terms to the Definitions chapter to reflect UDO section updates.
13. Section 18.94.040 Submittal - Submittal Requirements
Recommendation: Clarify when Technical Studies may be required based upon the application type.
Recommendation: Reduce the required number of paper submittal copies.
Attachment A contains all the proposed updates for Chapters 18.20, 18.30, 18.40, 18.50, 18.90, and 18.94. Attachment B and C contain the July 22, 2019 Planning Commission Meeting Packet and Minutes. The Planning Commission recommended approval of all proposed UDO updates associated with UDO19-003A on July 22, 2019 with the following sections stricken: 18.30.160 and 18.50.020.G by a vote of 7-0.
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Financial Impact:
None
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Action Needed:
1. Discuss the proposed amendments. Unless otherwise directed, staff will place Ordinance No. 19-XX (UDO19-0003A), on the September 3, 2019 City Council agenda for formal consideration.
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Attachment(s):
A. Updated (redline) Amendments
B. July 22, 2019 Planning Commission Packet
C. July 22, 2019 Planning Commission Meeting Minutes