Friday, April 19, 1974
University Daily Kansan
9
23rd Street...
From Page One
creating new areas in Lawrence that would resemble 23rd Street. But preventing the growth of strip commercial zones poses problems.
"STRIP DEVELOPMENTS exist because there is a market demand," Galloway said. "You can't eliminate these activities. They are necessary."
Economics, he said, may be more important than aesthetics.
"How do we get enough jobs to support the community?" Galloway asked. "Aesthetics are a less important consideration."
But, he said, as economic prosperity increases in a community, there is more concern about and a realization that aesthetics are important.
"Aesthetics are economic," he said. "You don't find developments like the Country Club Plaza in Kansas City because club members are important. They were marketable."
"We used to think zoning for industry was the key," said Galloway. "But more important are the investments a city makes that generate jobs, such innumerableas community pride."
IMPROVEMENTS SUCH as the refurbishing of Massachusetts Street can reflect changes in the city but, a greater investment of time from planning and a determination of how much control the city wants to exercise are important to improve the city's overall design, be said.
"We've tried to hold the line using our comprehensive plan as a guide," he said. "I feel there has been some encroachment by industry that wasn't warranted."
IN ADDITION TO zoning ordinances, the city has a sign ordinance requiring all businesses to have sign permits. The ordinance states that no ground sign may be less than eight feet from the ground, more than eight feet or height closer than two feet to the curb.
There is also a site plan ordinance that requires a builder to submit a drawing of the proposed building to the city commission. The site plan shows only a basic description of the area to be construction to the street, the size and layout of the area and proposed landscaping.
Neither the sign nor the site ordinance is as effective as it could be, according to Clark. Last year, in a 13-month period the institution gave out 17 exceptions to the sign ordinance.
"THE TROUBLE IS." Clark said, "we've got a lot of existing exceptions. Either the ordinance is unrealistic, or we're just afraid to enforce it. I think there's a lot of feeling in the city that they'd like to see a longer ordinance, a shorter site plan ordinance."
He said three votes on the five-member city commission would be needed to amend
"I don't think myself that we should set up a board to regulate aesthetics," he said. "I'd want to make sure I was chairman of the board if they set one up."
Any discussion of regulating aesthetics raises legal questions.
"MICHAEL DAVIS, professor of law, said, 'First, you have to determine whether regulation of aesthetics in and of itself is necessary. We must rely on the police power. That is, can legislation of aesthetics be related to the state's power to protect the health and welfare of its people?'
"There is a growing trend that says, Yes."
"Secondly, you have to determine whether the local community has the power to do so, either by a specific state enabling it or by a home rule constitutional amendment."
Davis cited a 1922 Kansas Supreme Court Case, Ware vs. City of Wichita, in which the court upheld the constitutionality of zoning. He said the court's language in the decision indicated that control of aesthetics was within the power of the government.
"The answer in Lawrence," he said, "is it, yes it is within the police power, and yes it is within the home rule power. It probably wouldn't couldn't conflict with existing regulation."
However, Davis said, a third question, just of course, is a body attempting to regulate the asthma standards, had to be answered before any move to regulate asthmatics could be made.
of Architecture and Urban Design and member of the Lawrence-Douglas County planning commission, said, "If you have the right to legislate aesthetics, what criteria do you use? In commercial areas, if you start off with the premise that every building's design has to be the same, it would be stifling."
Max Lucas, associate dean of the School
LUCAS SAID, HOWEVER, that there were alternatives to the present system of zoning to improve the appearance of a building that encloses only the activity in a given area.
"You're going to have to come up with a system that provides some incentive for the developer to improve his design," he said. "That incentive could be in a lot of forms."
A tax break for the developer might be one form of incentive, he said. Another form, instigated in New York City in the early '60s, allowed builders to go beyond the written ordinances if they provided certain amenities.
"By this type of legislation, you can encourage developers to provide such things as plazas, places for people to meet," Lucas said.
AS YET, LAWRENCE officials aren't planning to provide such incentives to developers. But residents, through organized neighborhood associations, are concerned on city commissioners to prevent the extension of commercial developments.
"Citizens have been able to organize to present very intelligent cases," Galloway says. "It is really necessary that more people be brought into decision sessions evolve from greater involvement."
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