Review of Topeka Municipal Code Title 18 – Development Code Focused on M-2 Multiple-Family District and Planned Unit Development (PUD) for the Eveningside Northwest / 37th & Gage Parcel

Title 18 is Topeka’s comprehensive Development Code. It consolidates zoning districts, use regulations, density and dimensional standards, Planned Unit Development procedures, site plan review, landscaping, parking, subdivisions, and related development requirements. It is the primary regulatory framework governing the Eveningside Northwest parcel project.

The code is organized into divisions, with Division 4 (Zoning Code) containing the most relevant chapters for this residential development.

1. M-2 Multiple-Family Dwelling District (18.100)

This is the base zoning district Mike Hall recommended.

Purpose (per code and city summaries): The M-2 district is established to provide for attached dwelling units containing three or more dwelling units per structure. It expressly accommodates townhouses, condominiums, cooperatives, apartments, group living facilities, and congregate living. It is intended as a transitional district between lower-intensity single-family areas and higher-intensity uses.

Key Characteristics:

• Strongly supports clustered/attached housing (“units in connection with one another”), which aligns directly with the goal of maximizing units on the constrained ±2.48-acre parcel.
• Does not favor scattered single-family lots (R-1 style); those are easier under straight R-1 but yield far lower density.

Density & Dimensional Standards (cross-referenced in 18.60.020):

• Maximum Density: 25 dwelling units per acre (base). A 40% density bonus (up to 35 du/acre) is available when at least 30% of units qualify as affordable (≤60% of area median income).
• Maximum Building Coverage: 60% of lot area.
• Maximum Height: 50 feet.
• Minimum Lot Area: 7,000 sq ft (adjusted for multi-unit development).
• Setbacks (Principal Buildings): Front 25 ft, Rear 25 ft, Side 5 ft. Critical for townhomes: Zero side-yard setback is permitted along the shared lot line between attached units.
• Minimum lot width standards apply, with flexibility for attached products.

This district is well-suited to the irregular parcel shape created by following the stream buffer centerline. The zero side setback between attached units and the clustering emphasis make M-2 the logical choice over lower-density districts.

2. Planned Unit Development District (18.190)

This is the key tool that makes the M-2 recommendation powerful.

Topeka maintains a dedicated PUD Planned Unit Development District (18.190). It functions as both a zoning district and a flexible regulatory framework.

Purpose: To encourage innovative land planning and design that may deviate from strict application of base zoning standards (setbacks, lot sizes, density configurations, parking layouts, etc.) in exchange for superior overall site design, open space preservation/enhancement, amenities, and compatibility with surrounding areas.

How it works with M-2:

• The project can be rezoned to M-2 PUD (or established as a PUD with M-2 permitted uses).
• The PUD master plan / development plan becomes the controlling document. It can customize standards to fit the stream buffer, utility locations, and clustered layout while still delivering M-2-level density and attached housing.

Approval Process & Requirements:

• Requires a detailed master plan (or preliminary development plan) showing building locations/types, unit counts, parking, access, open space/stream buffer treatment, landscaping, phasing, etc.
• Typically involves a pre-application meeting (already begun with Mike Hall), concept plan review, Neighborhood Information Meeting, Planning Commission public hearing, and City Council approval by ordinance.
• Site Plan Review (18.260) is integrated into the PUD process for multi-family and clustered development.

Amendments (18.190.070):

• Minor changes to an approved PUD master plan can often be approved administratively by the Planning Director.
• Major changes generally require a new public hearing and City Council action.

This flexibility is exactly why Mike Hall recommended M-2 PUD rather than straight M-2 rezoning: it allows creative clustering around the ±38-foot transition from the stream buffer centerline while still complying with (or improving upon) the spirit of the code.

3. Supporting Standards Relevant to This Project

• 18.60 Use Tables & Density/Dimensional Standards: Establishes what is allowed in M-2 and the quantitative rules (already summarized above).
• 18.260 Site Plan Regulations: Most multi-family and all PUD projects require formal site plan review. Plans must address buildings, circulation, parking, drainage, utilities, landscaping, lighting, and compatibility. This will be a core submission requirement for the Eveningside project.
• 18.235 Landscape Requirements and 18.240 Off-Street Parking Requirements: Will apply; PUD can provide flexibility in how these are met (e.g., shared parking, enhanced landscaping in the stream buffer transition zone).
• 18.230 Dimensional Requirements: General rules that PUD can modify via the approved master plan.
• Subdivision provisions (Division 3): Will likely be needed later for platting the ±2.48-acre parcel and any internal lots or common areas.

Stream Buffer / Environmental Considerations: Title 18 does not appear to contain highly prescriptive riparian buffer ordinances in the zoning chapters (those are often handled through engineering/stormwater review or subdivision standards). However, the strategy of following the stream buffer centerline and treating the buffer as protected open space/amenity is consistent with good PUD practice and will strengthen the application by demonstrating environmental sensitivity and superior site design.

4. Implications & Recommendations for the Eveningside Northwest Project

The combination of M-2 base zoning + PUD is an excellent fit for the following reasons:

• It directly supports the clustered, attached housing product Mike Hall endorsed.
• PUD flexibility allows optimization around the stream buffer, the two buildable pockets (±0.63 ac and ±0.99 ac), and utility corridors.
• On the ±1.62 acres of identified buildable land, realistic unit counts in the 25–35+ range appear achievable depending on unit mix, parking, and final PUD negotiations (higher with the affordable housing bonus if pursued).
• The process gives the City comfort through detailed master plan review while giving the development team design latitude.

What the Code Will Require for Approval:

• Detailed PUD master plan / concept site plan (buildings, unit count/types, parking, access, open space/stream treatment).
• Compliance with (or approved deviations from) M-2 dimensional standards via the PUD.
• Site plan review addressing drainage, utilities, landscaping, and circulation.
• Public hearing process with opportunity for neighborhood input.

This framework supports a professional, code-responsive application that builds on the initial guidance from Mike Hall.