City Council Introduction: April 27, 2020 Public Hearing: May 4, 2020, 3:00 p.m. Bill No. 20-43

PLANNING DEPARTMENT SUMMARY REPORT

TITLE: Text Amendment 20003 – Amend Section 27.72 PLANNING COMMISSION RECOMMMMENDATION: of the Lincoln Municipal Code to allow vehicle stacking Approval (5-0: Campbell, Edgerton, Ryman Yost, in a drive-thru lane in a front yard setback for the B-1, B-3, Beckius and Corr voting ‘yes’; Al-Badry, Joy, Finnegan, H-1, H-2, and H-3 Zoning Districts. and Scheer absent.) APPLICANT: Reed Burdine OPPONENTS: None present at hearing. STAFF RECOMMENDATION: Approval. REASON FOR LEGISLATION: This proposed text amendment was submitted by Reed Burdine for 48th & Vine Baceline LLC to amend the City of Lincoln Zoning Regulations by amending Chapter 27.72 Height and Lot Regulations to allow vehicle stacking associated with drive thru facilities in the front yard setback in the B-1, B-3, H-1, H-2 and H-3 Zoning Districts. DISCUSSION / FINDINGS OF FACT: 1. This proposed text amendment was heard before the Planning Commission on April 15, 2020, as part of the

Consent Agenda. 2. The staff recommendation of approval is based upon the “Analysis” as set forth on pp.1-2, concluding that the

proposed text amendment is justified in that it will match the existing text for parking which is allowed in the front yard in the B-1, B-3, H-1, H-2 and H-3 Zoning Districts whereby the vehicle stacking cannot be adjacent a residential district and where screening is required as part of the parking lot design standards.

3. On April 15, 2020, the Planning Commission voted 5-0 to recommend approval of this proposed text

amendment.

SUMMARY REPORT PREPARED BY: Geri Rorabaugh, Administrative Officer DATE: April 20, 2020 REVIEWED BY: David R. Cary, Director of Planning DATE: April 20, 2020 F:\devreivew\factsheets\CC\2020\Apr 15 2020\TX20003 Consent

Page 1 – Text Amendment 20003

COMPATIBILITY WITH THE COMPREHENSIVE PLAN The proposed text is in conformance with the Comprehensive Plan by allowing flexibility for commercial uses while still providing provisions for compatible design similar to parking lots in the front yard.

KEY QUOTES FROM THE 2040 COMPREHENSIVE PLAN

p.5.2 Provide flexibility to the marketplace in siting future commercial and industrial locations.

ANALYSIS

1. This proposed text amendment is to allow vehicle stacking associated with drive thru facilities in the front yard in the B-1, B-3, H-1, H-2 and H-3 Zoning Districts. Currently vehicle stacking is only permitted in a side yard where not abutting a residential district per 27.72.060(t)(2).

2. The proposed text amendment is a result of a proposed ATM facility that will be located west of N. 48th Street on the south side of Vine Street. This facility will be located in an existing parking lot. The zoning for the property is split B-1 and H-2 zoning.

3. Currently, the zoning ordinance allows parking lots, parking areas, and driving aisles in the front yard in the B-1, B-3, H-1, H-2, and H-3 zoning districts. (see Section 27.67.030 (a)(1) below) The proposed text amendment will therefore mirror this section in so far as allowing vehicle stacking in the front yard where such facilities are not adjacent a residential district.

LINCOLN/LANCASTER COUNTY PLANNING COMMISSION STAFF REPORT FROM THE LINCOLN/LANCASTER COUNTY PLANNING DEPARTMENT, 555 S. 10TH STREET, SUITE 213, LINCOLN, NE 68508

APPLICATION NUMBER Text Amendment 20003

FINAL ACTION? No

PLANNING COMMISSION HEARING DATE April 15, 2020

RELATED APPLICATIONS None

RECOMMENDATION: APPROVAL

BRIEF SUMMARY OF REQUEST This proposed text amendment was submitted by Reed Burdine for 48th & Vine Baceline LLC to amend the City of Lincoln Zoning Regulations by amending Chapter 27.72 Height and Lot Regulations to allow vehicle stacking associated with drive thru facilities in the front yard setback in the B-1, B-3, H-1, H-2 and H-3 Zoning Districts.

JUSTIFICATION FOR RECOMMENDATION The proposed text amendment is justified in that it will match the existing text for parking which is allowed in the front yard in the B-1, B-3, H-1, H-2 and H-3 Zoning Districts whereby the vehicle stacking cannot be adjacent a residential district and where screening is required as part of the parking lot design standards.

APPLICATION CONTACT Reed Burdine, 816-502-1541 or reed@rmta.biz STAFF CONTACT George Wesselhoft, (402) 441-6366 or gwesselhoft@lincoln.ne.gov

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Page 2 – Text Amendment 20003

Section 27.67.030

a. No parking space is permitted in the required front yard in any district except as follows: 1. Parking lots, parking areas, and driving aisles in the front yard are permitted in the B-1, B-

3, H-1, H-2, and H-3 zoning district in accordance with parking lot design standards;

4. The stacking in the front yard similar to the currently allowed parking in the front yard for the B-1, B-3, H-1, H-2 and H-3 zoning districts would have to meet perimeter screening as required by Chapter 3.50 Design Standards for Screening and Landscaping. This would apply in instances of new development or redevelopment but not if an existing parking lot is being converted into drive-thru stacking. So the landscaping screening would not apply in the applicant’s specific case.

5. The proposed text amendment is consistent with the Comprehensive Plan as it allows flexibility for commercial uses in certain commercial districts for vehicle stacking in the front yard similar to parking lots which are currently allowed in the front yard in said districts.

6. The proposal to allow drive-thru stacking in the front yard will be similar to parking or drive aisles which are currently permitted in the front yard for the same commercial zoning districts. The visual and noise effects will be similar in that cars will be moving or stacked in the drive thru as compared to parked or moving in the parking or drive aisles.

7. The proposed text of the ordinance amendment includes “in accordance with the parking lot design standards” which these standards also reference the parking lot landscaping standards. Therefore, any new development or redevelopment would be required by reference to meet the parking lot landscaping standards.

Prepared by ___________________________ George Wesselhoft, Planner Date: April 2, 2020 Applicant/ Reed Burdine Contact: 2000 Shawnee Mission Parkway, Suite 100 Mission Woods, Kansas 66205 816-502-1541 reed@rmta.biz F:\DevReview\TX\20000\TX20003 stacking in front yard.gjw.docx

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20-XX Introduce: x-xx-20

TX20003

ORDINANCE NO. _________________

AN ORDINANCE amending Section 27.72.060 relating to Uses Permitted or Prohibited 1

Within Required Yards to allow vehicle stacking for drive-in/drive through facilities within the required 2

front or side yard of zoning districts B-1, B-3, H-1, H-2, and H-3 if front or side yard does not abut a 3

residential district and is in accordance with parking lot design standards; and repealing Section 27.72.060 4

of the Lincoln Municipal Code as hitherto existing. 5

BE IT ORDAINED by the City Council of the City of Lincoln, Nebraska: 6

Section 1. That Section 27.72.060 of the Lincoln Municipal Code be amended to read as 7

follows: 8

27.72.060 Uses Permitted or Prohibited Within Required Yards.

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(a) Every part of any required yard shall be open to the sky, unobstructed by a building, except: 10

(1) Eaves may project into a front or rear yard thirty-six inches, exclusive of gutters. 11

(2) Eaves may project into a side yard twenty-four inches, or two-fifths of the required side 12

yard, whichever projection is greater, exclusive of gutters. 13

(3) Ordinary projection of sills, belt courses, cornices, vertical solar screens, and 14

ornamental features may project twelve inches. 15

(4) In the R-4, R-5, R-6, R-7 and R-8 districts located in areas of the City annexed prior to 16

January 31, 1949, up to twenty-five percent of the length of the principal street facade 17

of a building may project up to two feet into the required front yard. Notwithstanding 18

the above, a porch may not project into a required front yard beyond that otherwise 19

allowed by subsection (d) below. 20

(b) Outdoor Recreation Areas. Outdoor recreation areas including but not limited to outdoor 21

uses such as playgrounds and walking paths associated with early childhood care facilities, 22

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non-residential healthcare facilities, and residential healthcare facilities, may be located in 1

any yard provided all structures requiring building permits meet setback requirements. 2

(c) Landscaping. 3

(1) In the R-T, O-2, O-3, B-2, B-5, H-4 and all I zoning districts, the entire front yard shall 4

be entirely landscaped in conformance with the landscape design standards adopted by 5

the City of Lincoln, except for necessary paving of walkways and driveways to reach 6

parking and loading areas, provided that any driveway in the front yard shall be 7

substantially perpendicular to the street and shall not be wider than thirty feet; 8

(2) In all O, B, and H zoning districts, when a side and/or rear yard abuts a residential 9

district, it shall be screened in conformance with the landscape design standards 10

adopted by the City of Lincoln.

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(3) In the R-T zoning district, the side and rear yard shall be devoted entirely to trees, 12

shrubs, and grasses, and secondary sidewalks in conjunction with landscaping, unless 13

the abutting property is occupied by a parking lot. 14

(4) In the I-2 zoning district, the required rear yard shall be entirely landscaped in 15

conformance with the landscape design standards adopted by the City of Lincoln when 16

the rear yard abuts a residential district. 17

(d) Porches. An open, unenclosed porch may project into a required front yard for a distance 18

not exceeding ten feet; provided, however, such porches on residences in the R-1, R-2, 19

R-3, R-4, R-5, R-6, R-7 and R-8 zoning districts which project into the required front 20

yard no closer than ten feet from the street line may be enclosed under the following 21

conditions: 22

(1) The enclosed porch shall not be served by a heating system, cooling system, or 23

plumbing; 24

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(2) At least forty percent of the other residences on the same frontage in the same zoning 1

district extend into the required front yard a distance equal to or greater than the 2

applicant's porch (for the purpose of this section, extensions into the front yard may be 3

a porch, balcony, vestibule, or the main part of the building); 4

(3) The applicant's porch shall not be located within any building line district; and 5

(4) At least fifty percent of each exterior wall shall be transparent. 6

(e) Balconies. 7

(1) A balcony may project into a required front yard for a distance not exceeding six feet. 8

(2) In the R-6, R-7 and R-8 zoning districts, a balcony is permitted in the required side 9

yard, but no closer than seven feet from the side lot line. 10

(f) Patios, Terraces, Decks and Ornamental Features. 11

(1) Patios, terraces, uncovered decks and ornamental features in the B-1, B-3, B-4, H-1, 12

H-2 and H-3 zoning districts may project into a required front yard. 13

(2) In the O-3, B-2, B-5, H-4, I-1, I-2 and I-3 zoning districts, patios and terraces may 14

project into a required front yard for a distance not to exceed fifteen (15) feet. 15

(3) In all zoning districts, patios, terraces, uncovered decks and ornamental features which 16

do not extend more than three feet above or below the adjacent ground level may 17

project into a required side and/or rear yard, provided that the projection shall be no 18

closer than two feet from the adjacent side lot line. 19

(4) In all zoning districts, patios, terraces, decks and ornamental features which extend 20

more than three feet above or below the adjacent ground level may project into a 21

required rear yard, provided the combined floor area of any patio, terrace, deck and any 22

accessory building located in the rear yard does not occupy more than 40% of the rear 23

yard and that the patio, terrace, or deck: 24

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(i) is uncovered; 1

(ii) projects off of the first story of the dwelling or below; 2

(iii) is no closer than ten feet from the rear lot line; 3

(iv) does not encroach into a required side yard; 4

(v) is a projection off of a single- or two-family structure. 5

(g) Vestibules. An enclosed vestibule containing not more than forty square feet may project 6

into a required front yard for a distance not to exceed four feet. 7

(h) Canopies. In O-3, B-1, B-2, B-3, B-4, B-5, H-1, H-2, H-3, H-4, I-1, I-2 and I-3 zoning 8

districts, canopies may project into a required front yard; provided, that a five foot setback 9

shall be maintained from the property line, and such canopies shall not cover more than six 10

square feet of ground area per each foot of frontage, and no portion of the canopy shall be 11

lower than nine feet above grade. 12

(i) Outdoor Dining. 13

(1) In the B-1, B-3, B-4, H-1, H-2 and H-3 zoning districts outdoor dining is permitted in 14

the required front yard. 15

(2) In the O-3, B-2, B-5, H-4, I-1, I-2 and I-3 zoning districts, outdoor dining is permitted 16

in the required front yard; provided, that a five foot setback shall be maintained from 17

the property line. 18

(j) Loading Facilities. 19

(1) In the I-2 zoning district no loading facilities shall be provided in any front or side yard 20

adjacent to any residential district. 21

(2) In the I-3 zoning district no loading facility shall be located in any required yard. 22

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(k) Walkways. In the O-1, B-1, B-2, B-3, H-1, H-2, H-3, and I-1 zoning districts, enclosed 1

walkways not more than one story in height nor eight feet in width are permitted in the 2

required rear yard within two feet of the rear lot line. 3

(l) Accessory Buildings. See Section 27.72.120 4

(m) Air conditioners/heat pumps. 5

(1) In all zoning districts except the R-1, R-2, R-3, and R-4 zoning districts, air 6

conditioners or heat pumps, not to exceed five ton units or parts thereof, may project 7

into a required side yard, provided that such projection shall be distant at least two feet 8

from the adjacent lot line and shall not extend more than three feet from the building. 9

Such air conditioners may project into a required front yard but shall not extend more 10

than three feet from the building, and such air conditioner or heat pump may extend 11

into one side of a corner lot. 12

(2) In R-1, R-2, R-3, or R-4 zoning districts, air conditioners or heat pumps not to exceed 13

five tons or parts thereof may project into front and side yards not more than four feet 14

from the building it serves, and in no event shall be closer than one foot to the adjacent 15

lot line, and such air conditioner or heat pump may extend into one side of a corner lot. 16

(n) Solar Collectors. Solar collectors which are a part of the main building may extend into a 17

required rear yard for a distance not to exceed ten feet, and solar collectors may extend into 18

a required side yard, provided that they have a minimum seven foot clearance from grade; 19

and provided, further, that such extension shall be distant at least three feet from the adjacent 20

lot line and may project into a side yard forty-eight inches, or two-fifths of the required side 21

yard, whichever projection is greater. 22

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(o) Ornamental siding and wall sheathing material. Ornamental siding and wall sheathing 1

material, not including brick veneer, may project a maximum of two inches into any required 2

yard. 3

(p) Fire Escapes, Fireproof Outside Stairways, Balconies Opening upon Fire Towers, 4

Chimneys, and Flues and Fireplaces. 5

(1) Open lattice enclosed fire escapes, fireproof outside stairways, and balconies opening 6

upon fire towers, and the ordinary projections of chimneys and flues into the rear yard 7

may be permitted by the building inspector for a distance of not more than three and 8

one-half feet and where the same are so placed as not to obstruct light and ventilation 9

of adjacent dwellings. 10

(2) Chimneys, flues, and fireplaces may be permitted by the director of building and safety 11

to project into any required yard for a distance of not more than two feet where the 12

same are so placed as not to obstruct light and ventilation. 13

(q) Light Wells and Egress Windows. Any light well or egress window may be located in any 14

required front, side or rear yard, provided: 15

(1) No such light well or egress window may be placed within two feet of any property 16

line; 17

(2) Any light well or egress window located in any required yard must have a safety railing 18

that meets all requirements for safety railings of the International Building Code as 19

adopted by the Lincoln Municipal Code if it is within five feet of any sidewalk, 20

walkway, or driveway; 21

(3) The construction of the light wells or egress windows meets the requirements of the 22

International Building Code as adopted by the Lincoln Municipal Code; 23

(4) The well does not extend more than one foot above the finished grade. 24

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The requirements of (2) above may be waived by the City Council. 1

(r) Fences. See Section 27.72.140. 2

(s) Building Line District. See Section 27.72.170. 3

(t) Driveways and Vehicle Stacking. 4

(1) A driveway shall be permitted within the required front and side yards only if the 5

driveway provides a connection to a parking space that is or will be located as permitted 6

in this title, provided that in the O-2, O-3, B-2, B-5, H-4, I-1, I-2, and I-3 zoning 7

districts the driveway shall be substantially perpendicular to the street and shall not be 8

wider than thirty feet. 9

(2) Vehicle stacking for drive-in/drive through facilities shall be permitted within the 10

required front or side yard of zoning districts B-1, B-3, H-1, H-2, and H-3 if such front 11

or side yard does not abut a residential district and in accordance with parking lot design 12

standards. 13

(u) Yard Accessories in Required Yards. Poles, posts, and other customary yard accessories, 14

ornaments, and furniture may be located in any yard subject to requirements limiting 15

obstruction of visibility and height limitations. 16

Section 2. That Sections 27.72.060 of the Lincoln Municipal Code as hitherto existing be 17

and the same is hereby repealed. 18

Section 3. This ordinance shall be published, within fifteen days after the passage hereof, 19

in one issue of a daily or weekly newspaper of general circulation in the City, or posted on the official 20

bulletin board of the City, located on the wall across from the City Clerk’s office at 555 S. 10th Street, in 21

lieu and in place of the foregoing newspaper publication with notice of passage and such posting to be given 22

by publication one time in the official newspaper by the City Clerk. This ordinance shall take effect and 23

be in force from and after its passage and publication or after its posting and notice of such posting given 24

by publication as herein and in the City Charter provided. 25

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Introduced by:

____________________________________

Approved as to Form & Legality:

________________________________

City Attorney

Approved this ___ day of _____________, 2020:

_______________________________________

Mayor

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TEXT AMENDMENT 20003  

 

CONSENT AGENDA 

PUBLIC HEARING & ADMINISTRATIVE ACTION BEFORE PLANNING COMMISSION:              April 15, 2020  Members present: Campbell, Edgerton, Ryman Yost, Beckius and Corr; Joy declared Conflict of 

Interest; Al‐Badry, Finnegan and Scheer absent.  

The Consent Agenda consisted of the following item: Comprehensive Plan Conformance 

20003, Special Permit 20007, Comprehensive Plan Conformance 20004, Text Amendment 

20003, Change of Zone 20010 and Waiver 20002. 

There were no ex parte communications disclosed. 

There was no ex‐parte communications disclosed relating to site visits. 

Campbell moved approval of the remaining Consent Agenda items, seconded by Edgerton and 

carried 5‐0: Campbell, Edgerton, Ryman Yost, Corr and Beckius voting ‘yes’; Joy declared a 

Conflict of Interest; Al‐Badry, Finnegan and Scheer absent.  

Note: This is FINAL ACTION on Special Permit 20007 and Waiver 20002, unless appealed by filing a letter in the Office of the City Clerk within 14 days.    

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