SUBDIVISION REGULATIONS
City of Lawrence, Kansas
And
Unincorporated Areas
of Douglas County
Kansas
D R A F T
January 26, 2006
September 2006
Staff recommended changes are in small caps.
Planning
Commission recommended changes are in red text or red strike
through.
Gray outlined text is where revisions are needed to resolve conflicts
between proposed and original draft text.
20-801 General...................................................................................................... 4
(a) Purpose and Intent....................................................................................... 4
(b) Jurisdiction................................................................................................... 6
(c) Applicability.................................................................................................. 6
(d) Exemptions.................................................................................................. 6
(e) Vested Rights............................................................................................... 7
20-802 General Review and Approval Procedures............................................... 8
(a) Authority to File Applications.......................................................................... 8
(b) Form of Application....................................................................................... 8
(c) Pre-application Meetings............................................................................... 8
(d) Application Processing Cycles......................................................................... 8
(e) Application Review and Recording fees........................................................... 9
(f) Application Completeness, Accuracy and Sufficiency......................................... 9
(g) Applications Containing Technical Deficiencies................................................. 9
(h) Applicability................................................................................................ 10
20-803 Property Divisions in Service Area 1, Lawrence Urban Growth Area... 10
(a) Prerequisite to Development........................................................................ 10
(b) Procedure Required.................................................................................... 10
20-804 Conservation-Cluster Developments in the Urban Growth Areas.......... 10
(a) Purpose..................................................................................................... 10
(b) Applicability................................................................................................ 11
(c) Immediate Development Acreage and Future Development Acreage................ 11
(d) Notice to Nearby Property Owners...................................................... 14
(e) Conservation-Cluster Developments – After Annexation.................................. 15
(f) Application................................................................................................. 15
(g) Administrative Review................................................................................. 16
20-805 Large Parcel Property Divisions in Urban Growth Areas....................... 16
(a) Purpose..................................................................................................... 16
(b) Applicability................................................................................................ 16
(c) Immediate Development Area and Future Development Area.......................... 17
(d) Restrictive Covenants.................................................................................. 20
(e) Notice to Nearby Property Owners...................................................... 20
(f) Application................................................................................................. 21
(g) Administrative Review and Consideration Procedures..................................... 22
(h) Developable Acreage and Development of Future Development Area................ 22
(i) Large Parcel Property Divisions Not Made in
Accordance with 20-805(a)-(g)..... 22
20-806 Property Divisions in the Rural Area (Outside the UGAs)...................... 23
(a) Purpose..................................................................................................... 23
(b) Definitions.................................................................................................. 24
(c) Applicability................................................................................................ 24
(d) Parent Parcel Division.................................................................................. 25
(e) Property Divisions Not Made in Accordance with
20-806(a) through (e)............ 27
20-807 Certificate of Survey, Administrative Review Procedures..................... 28
(a) Purpose..................................................................................................... 28
(b) Authority.................................................................................................... 28
(c) Applicability................................................................................................ 28
(d) Application................................................................................................. 28
(e) Requirements and Material to be Included.......................................... 28
(f) Criteria for Review...................................................................................... 30
(g) Review and Action by the Planning Director................................................... 31
(h) Appeals Process for Sections 20-804, 20-805 and 20-806............................. 31
20-808 Minor Subdivisions................................................................................... 32
(a) Purpose..................................................................................................... 32
(b) Authority.................................................................................................... 32
(c) Applicability................................................................................................ 32
(d) Criteria for Review...................................................................................... 33
(e) Application................................................................................................. 34
(f) Review and Action by the Planning Director................................................... 35
20-809 Major Subdivisions................................................................................... 36
(a) Purpose..................................................................................................... 36
(b) Applicability................................................................................................ 36
(c) Applications and Procedures........................................................................ 36
(d) Criteria for Review...................................................................................... 36
(e) Preliminary Plat – Application....................................................................... 37
(f) Review and Action by the Planning Commission............................................. 37
(g) Phasing for Final Plats................................................................................. 38
(h) Effects of Approval by the Planning Commission............................................. 39
(i) Preliminary Plat – Review and Action by Governing Body................................. 39
(j) Preliminary Plat Expiration........................................................................... 40
(k) Final Plat – Application................................................................................ 40
(l) Final Plat – Review by Planning Director........................................................ 41
(m) Signatures on Final Plat............................................................................... 42
(n) Processing After Approval of Final Plat.......................................................... 42
20-810 Subdivision Design Standards................................................................. 43
(a) General...................................................................................................... 43
(b) Frontage and Access................................................................................... 44
(c) Blocks........................................................................................................ 44
(d) Streets...................................................................................................... 45
(e) Street Names and Lot and Block Numbering................................................... 51
(f) Easements................................................................................................. 51
(g) Parks, Open Space Schools and Other Public Facilities.................................... 53
(h) Land In Floodplain Overlay District................................................................ 53
(i) Resource Preservation – City of Lawrence..................................................... 53
(j) Resource Preservation – Unincorporated Area of the County........................... 53
(k) Soils and Soil Testing........................................................................... 54
20-811 Public Improvements............................................................................... 54
(a) Public Improvement (Construction) Standards................................................ 54
(b) Streets...................................................................................................... 55
(c) Sidewalks and Pedestrian Ways................................................................... 55
(d) Wastewater Disposal Systems...................................................................... 57
(e) Water Supply............................................................................................. 58
(f) Telephone, Cable Television Electrical Lines.................................................. 58
(g) Street Trees............................................................................................... 59
(h) Completion of Public Improvements.............................................................. 64
(i) Escrow Deposit........................................................................................... 65
(j) Irrevocable Letter of Credit.......................................................................... 66
20-812 Contents of Plats..................................................................................... 66
(a) Preliminary Plat.......................................................................................... 66
(b) Final Plat.................................................................................................... 70
20-813 Administration and Enforcement............................................................ 72
(a) Planning Department Powers and Duties....................................................... 72
(b) Planning Commission Powers and Duties....................................................... 72
(c) Dedications................................................................................................ 73
(d) Building Permits.......................................................................................... 73
(e) Appeals..................................................................................................... 73
(f) Variances................................................................................................... 74
(g) Design Variances for Planned Unit Development............................................. 75
(h) Enforcement and Penalties........................................................................... 75
(i) Violations................................................................................................... 75
(j) Penalties; Remedies.................................................................................... 75
20-814 Building Setbacks, Enforcement, Exceptions........................................... 77
(a) Building or Setback Lines On Major Streets or Highways................................. 77
(b) Exceptions.................................................................................................. 77
(c) Appeal – Setback..................................................................................... 77
(d) Enforcement........................................................................................... 78
(e) Interpretation....................................................................................... 78
20-815 Interpretations, Rules of Construction and Definitions.......................... 78
(a) Interpretation and Rules of Construction........................................................ 78
(b) Definitions.................................................................................................. 78
(1) The purpose of the Subdivision Regulations of this Article is to ensure that the Division of land, which, in many instances, is an initial step in urbanization, will serve the public interest and general welfare. Since the allocation and arrangement of parcels of land for both private uses and public uses helps to influence the health, safety, economy, livability, and amenities of an area, these regulations are intended to:
(i) provide for the harmonious and orderly Development of land within the City and the Unincorporated Area of Douglas County by making provisions for adequate open space, continuity of the transportation network, recreation areas, drainage, utilities and related Easements, light and air, and other public needs;
(ii) contribute to conditions conducive to health, safety, aesthetics, convenience, prosperity, and efficiency; and
(iii) provide for the conservation and protection of human and natural resources.
(2) The Subdivision Regulations of this Article are designed, intended and should be administered to:
(i)
ensure that Development in the City and in the Unincorporated Area of
Douglas County is in accordance with the Comprehensive Plan; any adopted Area Plans, watershed/sub-basin plans, sector or neighborhood plans covering
the subject Subdivision; the applicable Zoning Regulations enacted
to implement those plans; and the Lawrence/Douglas
County MPO Transportation Plan;
(ii) provide for the conservation of existing neighborhoods and facilitate the development of new neighborhoods;
(iii) prevent the Development of substandard Subdivisions and blighted areas that will be a detriment to the Community;
(iv) coordinate the Development of each parcel of land with the existing Community and facilitate the proper development of adjoining land;
(v) provide adequate and accurate records of all land Divisions;
(vi) ensure that the cost of Improvements, which benefit primarily the tract of land being developed, be borne primarily by the Owners or Developers of the subject tract, and that the cost of Improvements that provide benefits to the subject tract and the Community as a whole be shared by the Developer and the Community;
(vii) ensure that Subdivisions are designed and developed in a manner that is consistent with all applicable Flood protection and stormwater management regulations and other applicable land use and Development regulations of Lawrence and Douglas County;
(viii) provide for the efficient arrangement and orderly location of Street/Roads;
(ix)
encourage the reduction of
vehicular congestion and support multi-modal transportation and design
standards in a manner that supports multi-modal transportation;
(x) provide for the reservation or Dedication of lands for open space and other Community facilities;
(xi)
require the provisions of
off-site and On-Site Public
Improvements that are necessary to
serve land being developed; and
(xii) provide for any other services, facilities and Improvements deemed necessary to serve land being developed; and
(xiii) establish building envelope lines.
(1) The Subdivision Regulations of this Article shall apply to all lands within the City of Lawrence and the Unincorporated Area of Douglas County.
(2) In some cases, different standards are established for lands within the City, the Urban Growth Areas and the Rural Area. Unless otherwise expressly stated, however, all regulations and standards of this Article shall apply with equal force to land located in incorporated and Unincorporated Areas.
Unless expressly addressed as an exemption in Section 20-801(d) below, no Lot, tract or parcel of land shall be divided into two or more parts for the purpose of sale, transfer or Development, whether immediate or future, except through the procedures and in accordance with the standards set forth in this Article. For property within the incorporated City of Lawrence, no building permit shall be issued unless the property is platted. If subdivision is required within the City of Lawrence, than the Subdivider shall plat all of their contiguously owned lands that are not platted.
(1) The purpose of this sub-section is to list specifically those divisions and transfers of land that are entirely exempt from regulation under this Article. This sub-section shall be strictly construed, so that any transaction failing in any way to meet one, or more, of the requirements for exemption shall be subject to the full effect of this Article.
(2) The following divisions and transfers of land are exempt from the requirement that divisions of land occur only in accordance with the standards and procedures set forth in this Article and may be accomplished by deed or other instrument of transfer without any reference to this Article:
(1) A division of land created in conformance with this Article, or with the previously adopted Subdivision Regulations that has been maintained in individual Ownership (except as provided in Section 20-801(e)(3)) shall remain lawfully existing, retaining established rights to issuance of a building permit. Such legally created division of land shall not be subject to further review under this Article; unless or until this previous division of land is further divided pursuant to this Article.
(2) A Lot of Record created before the Effective Date of this Article in the City of Lawrence that has been maintained in individual ownership, may be used for residential purposes for a single-family home or for another use that is allowed in the City’s UR (Urban Reserve) District without further review under this Article, until such Lot of Record is further subdivided.
A Lot of Record or a division of land lawfully created within the A (Agricultural), A-1 (Suburban-Home Residential , District in the Unincorporated Area of Douglas County before the Effective Date of this Article, that has been maintained in individual ownership, may be used for residential purposes for a single-family home or for another use allowed within the A (Agricultural District), without further review under this Article, until such lot of record or division of land is further subdivided[LMF2]
(3) Upon the recording of a Final Plat, development rights in land covered by that Plat shall vest in accordance with K.S.A. 12-764. This vesting shall be effective only so long as the same general category of residential uses is continued; any significant change of use shall subject the property to additional review and the applicability of additional regulations, which may affect some rights that are vested as to the particular use and the particular pattern of development. The development rights for a single-family residential subdivision shall expire in accordance with K.S.A. 12-764(a).
Unless otherwise expressly stated, applications for review and approval under this Article may be initiated by (1) all the Owners of the property that is the subject of the application; or (2) the Landowners’ authorized Agent.
Applications required under these Subdivision
Regulations shall be submitted in a form and in the numbers of copies
required by the official responsible for accepting the application. Officials
responsible for accepting applications shall develop checklists of application
submittal requirements and make those checklists available to the public.
Application forms and checklists of required submittal information shall be
available in the office of the official responsible for accepting the
application. The application also shall contain all materials required by:
Section 20-807(b) (d) for Certificate of Survey applications; Section 20-812(a)
for Preliminary Plat applications; or Section 20-812(b) for Final Plat
applications, whichever is applicable.
(1) All Applicants submitting applications for approvals required by this Article must attend a pre-application meeting with Planning Staff. Pre-application meetings are also required whenever the provisions of this Article expressly state that they are required. Pre-application meetings shall be scheduled by the Applicant to allow adequate time to review and respond to issues raised at the pre-application meeting. The meeting shall occur at least 7 working days before submitting an application.
(2) All other Applicants are encouraged to arrange a pre-application meeting with Planning Staff. The Planning Director will provide assistance to Applicants and ensure that appropriate Planning Staff members are involved in pre-application meetings.
Officials responsible for accepting applications may, after consulting with review and decision-making bodies, promulgate processing cycles for applications. Processing cycles may establish:
(1) the official date upon which a completed application was submitted;
(2) deadlines before consideration;
(3) dates of regular meetings;
(4) the scheduling of Staff reviews and Staff reports on complete applications; and,
(5) any required time frames for action by review and decision-making bodies.
Applications shall be accompanied by the review and recording fee
amounts that have been established by the applicable Governing Body,
as applicable. Fees are not required with applications initiated by review
or decision-making bodies. Application review fees are nonrefundable.
(1) An application will be considered complete and ready for processing only if it is: submitted in the required number and form; includes all required information; and, is accompanied by the required fees.
(2) Within seven (7) working days of application filing, the Planning Director shall determine whether the application includes all information required by these Subdivision Regulations. If an application does not include all of the required information, it will be deemed incomplete. If an application includes all of the required information, it will be deemed complete. Written notice of the incompleteness and the specific information lacking shall be provided to the Applicant or the Applicant’s Agent within two (2) working days of a determination.
(3) No processing of incomplete applications shall occur and incomplete applications will be removed from the processing cycle. When the deficiencies are corrected, the application will be placed in the next processing cycle. If the deficiencies are not corrected by the Applicant within 60 days, the application will be considered withdrawn. No refund of a review fee shall be made for applications that are withdrawn.
(4) Applications deemed complete will be considered to be in the processing cycle and will be reviewed by Planning Staff and other review and decision-making bodies in accordance with the procedures of these Subdivision Regulations.
(1) The Planning Director may require that applications be revised before being placed on the agenda of the Planning Commission or Governing Body, if the Planning Director determines that:
(i) the application contains one or more significant inaccuracies or omissions that hinder timely or competent evaluation of compliance with this Article;
(ii) the application contains multiple minor inaccuracies or omissions that hinder timely or competent evaluation of compliance with this Article;
(iii) the application cannot be approved without a variance or some other change or modification that the decision-making body for that application does not have the authority to grant or approve. This determination shall be made in written form to the applicant. If the determination is based on this sub-section (iii), it shall include an explanation of what variance, change or modification would be required to allow approval of the application.
(2) Applications that contain the aforementioned types of inaccuracies or that substantially fail to comply with this Article shall be revised before they will be placed on an agenda of the Planning Commission or Governing Body.
(3) Action or inaction by the Planning Director under this section may be appealed to the appropriate Governing Body in accordance with Section 20-807(h) or Section 20-813(e) whichever is applicable.
Unless expressly exempted under Section 20-801(d), no Subdivision or Rural Residential Development may be created and no Certificate of Survey may be recorded with the Register of Deeds until the division has been approved in accordance with the applicable Review and Approval Procedures of this Article.
No division of land in Service Area 1 of the Lawrence Urban Growth Area shall be approved until the land proposed for division has been annexed into the City.
Upon annexation of land originally in Service Area 1 into the City of Lawrence, a proposed division of platted or unplatted land shall be processed and considered in accordance with the Minor Subdivision or Major Subdivision provisions of this Article, whichever is applicable.
The purpose of
this Section is to allow for an alernative administrative approval procedure to
Large Parcel Property Divisions in the Urban Growth Area for rural residential
development when it The
purpose of this Section is to allow for an alternative to conventional rural residential
development that may be administratively approved and that will: 1) preserve and maintain
environmentally or geographically sensitive areas; and, 2) preserve and
maintain the sites of historic landmarks or other historic features. The
clustering of development parcels within the Urban Growth Areas on less than 40 Acres is allowed when it
involves the dedication of a conservation easement to conserve and protect land
that is worthy of conservation. The Residential Development Parcels are
clustered to mitigate impact on the resources to be preserved and to anticipate
future development patterns for the resources to be preserved and to anticipate
future development patterns for the remainder of the property after annexation.
is allowed to accomplish an easier transition from rural development to an
urban scale and density of future development after annexation into a city. This
Section is designed to address the unique impacts on future development caused
by divisions of smaller parcels of land in the Urban Growth Areas, as those are
the areas expected to be absorbed into a City within the planning period of the
adopted Comprehensive Land Use Plan.
(1)
A division of a parcel of land
that is less than forty (40) acres in area, but at least twenty (20) acres
in area, and that is located in Service Areas 2-4, of Lawrence’s Urban Growth Area or in
another City’s Urban Growth Area, may be approved according to the Conservation-Cluster Development provisions
of this Section. In calculating the
size of a parcel, the parcel size shall be deemed to include one-half of the
adjoining road right(s)-of-way.
(2)
A division of a parcel land
that is less than forty (40) acres in area, but at least twenty (20) acres in area,
and that is located in
Service Areas 2-4,
of Lawrence’s Urban Growth Area,
or in another City’s Urban
Growth Area, but which is not made according to this Section, must be made in
conformance with the standards set forth in Section 20-805(h) or another city’s appropriate standards and pursuant to the procedures provided in Section 20-809, Major Subdivisions.
Lands divided pursuant to Section 20-804(b) shall be developed as a Conservation-Cluster Development and shall contain an Immediate Development Area and a Future Development Area in accordance with the following requirements.
(1) Immediate Development Area.
The Immediate Development Area of a Conservation-Cluster Development
shall not exceed sixty percent (60%) of the total acreage of the proposed
development. Residential Development Parcels and Street/Roads the cross access easements serving these
parcels shall be located only in the Immediate Development Area. Individual Residential Development
Parcels shall only take access from the
cross access easement and shall be laidout be located in a manner
that minimizes adverse impacts to the Future Development Area. Development of
the Immediate Development Area, to the greatest extent practicable, shall
conform to the following requirements:
(i) Minimum Parcel Acreage. The minimum Residential Development Parcel size shall be three (3) acres.
(ii)
The minimum Residential
Development Parcel size shall be :
a.
Three (3) acres; or
b.
One (1) acre; provided,
that each one acre Residential Development Parcel
shall be adjacent to two (2) acres, which are:
1.
subject to restrictive
covenant that requires this two (2) acre area to be used for the location of
lateral lines for an on-site sewage management system servicing the dwelling
located on the one acre parcel; and
2.
included in the Future
Development Area.
(iii) Location of Residential Development Parcels.
Within the Conservation-Cluster Development, each Residential Development Parcel shall be designed and developed in accordance with the requirements in this sub-section:
a. Clustered to take access from Cross Access Easements to minimize access points to the adjacent public right(s)-of-way.
1. Cross Access Easements shall be established by a separate legal instrument, acceptable to the County Counselor and the easement shall be dedicated to the County.
2.
Upon annexation
into a City, the
cross access easements shall be dedicated to the City, as public road
right(s)-of-way, to allow for construction of Street/Roads within them to meet the then current
city Street/Road standards.
b. Planned and laid out to allow for future subdivision OF the Residential Development Parcels into platted lots at an urban scale commensurate with the zoning subdivision regulations of the annexing city.
(iv) Utility – Water. All Residential Development Parcels shall obtain water from a publicly treated water source.
(v)
Access to Conservation Area. Future
Development Area. All Residential Development Parcels shall have direct
physical access to Conservation Area
the Future Development Area, either by being contiguous thereto or by a
dedicated pedestrian easement, as set forth in Section 20-810(f)(4).
(vi) Utility – Wastewater. All Residential Development Parcels shall have an on-site sewage management system approved by the Director of Lawrence/Douglas County Health Department or a connection to a wastewater disposal system approved by the Kansas Department of Health and Environment.
(vii) County Health Code Restriction in Floodplain. On-site sewage management systems shall be located outside the FEMA designated regulatory floodplain.
(viii)
Building Envelopes. The
Immediate Development Area shall not
contain any lands identified as worthy for Resource Preservation in Section
20-810(j). shall not contain any land identified in Horizon 2020 as
an environmentally or geographically sensitive area or the site of an historic
landmark or historic feature. The buildable area for each Residential
Development Parcel within the Immediate Development Area shall be defined by
Building Envelopes.
(ix) Access. The Conservation-Cluster Development shall have direct access to a paved road. One access shall be allowed for the entire development unless a separate access point is necessary to allow access to the Conservation Area to prevent intrusion or damage to the Resources being conserved and protected.
(x) Steep Slopes. The Building Envelopes of Residential Development Parcels shall not contain any slopes greater than fifteen percent (15%).
(xi)
Minimum Frontage and
Entrance Spacing Requirements. Residential Development Parcels must meet
minimum parcel frontage and entrance spacing requirements established in the
County’s adopted “Access Management Resolution”, Resolution No. HR-xx-xx-xx. The
Frontage and Entrance Spacing Requirements that are based on the
classification of the road upon which the Residential Development Parcel is
proposed to have access.
(xii) Drainage Easements. If any portion of the Residential Development Parcel lies in a FEMA designated regulatory floodplain, or if drainage Channels or Swales exist on the Residential Development Parcel that carry runoff from adjacent property or public Street/Roads, the FEMA designated regulatory floodplain or drainage Channel or Swale shall be protected by tax grant of an Easement, or other similar device, evidenced by separate legal instrument, as may be required by the Planning Director and acceptable to the County Counselor.
(2) Future Development Area Conservation
Area.
The Conservation
Area Future Development Area shall meet the requirements set
forth in this sub-section:
(i)
Minimum
Requirement. A minimum of forty percent (40%) of the total
Conservation-Cluster Development shall be designated as Conservation Area. Future Development Area.
(ii)
Horizon 2020. Land
in the proposed Conservation-Cluster Development identified in Horizon 2020 as
environmentally or geographically sensitive areas or sites of historic
landmarks or historic features, shall be included in the Future Development
Area. Sensitive Lands Worthy of Conservation. Lands that are or contains
the resources identified in Section 20-810(j) shall be deemed
to be worthy of conservation.
(iii)
Conservation
Easement. Land within the Future Development Area, which is identified in
Horizon 2020 as being an environmentally sensitive area, a geographically
sensitive area, or the site of an historic landmark or historic feature shall
be made Land that is or contains the
resources identified in Section 20-810(j), such as Floodways, based on the FEMA’s one-hundred year storm;
Floodplains, based on the FEMA’s one-hundred year storm; Jurisdictional
Wetlands; Stream Corridors; Prominent Natural Geographic Features with Rocky
Outcroppings; Stands of Mature Trees or Individually Significant Mature Trees;
and, Archaeological and Historical sites to the greatest extent
reasonably practicable, shall be subject
to a conservation easement to permanently retain the environmental,
geographical or historical characteristics of the land and prevent any use of
these areas that will significantly impair or interfere with the environmental,
geographical or historical characteristics of this land. The conservation
easement shall be in a form provided by the County or in a separate legal
instrument, satisfactory to the County Counselor.
(iv)
Restriction on Subsequent Divisions.
The Conservation Area shall be
restricted from any further division for development purposes. Development
shall be limited to those uses allowed and ancillary to the Conservation
Easement restrictions, such as recreational trails, arboretums, or practice
sports fields, The Future Development Area, not within an environmentally or
geographically sensitive area or the site of an historic landmark or historic feature,
shall be restricted from any further division or development by a legal instrument that is satisfactory to the County Counselor.
until the land is annexed by a City.
a. This instrument shall be binding upon the owner and all of its successors and assigns, and shall constitute a covenant running with the land, expiring at the time the subject property is annexed by a city.
b. This instrument shall be in recordable form and shall be recorded with the Register of Deeds.
(1)
Written
notice of the proposed division for rural residential purposes shall be mailed
to the Owner of record of all property within ¼ mile of the
subject property. The notice shall be sent by the applicant by regular mail,
postage pre-paid. The mailing addresses for property owners within the ¼ mile
notification area shall be obtained from the Douglas County Register of
Deeds Clerk. The applicant
shall submit a Certificate of Mailing, obtained from the US Post Office, at the time of submission of the Certificate of Survey application. A Certificate of
Survey application shall be considered incomplete without an executed
Certificate of Mailing. The notice shall provide:
(i) a brief description of the location of the property proposed for division;
(ii) the projected date a Certificate of Survey application will be submitted to the Lawrence/Douglas County Planning Office;
(iii) a contact telephone number and address for the property owner proposing the division for rural residential purposes; and,
(iv) the letter shall include the following Statement and information:
Notice of Proposal to divide land located at [road address or general description such as; one-half (½) mile north of the intersection of x road and y road, on the east side] for rural residential development purposes.
This letter is being sent to the Owner of property adjoining and within one-quarter (¼) mile of the boundaries of the property proposed for division for rural residential development. The purpose of this letter is to provide general information to the recipient and/or owner OF PROPERTY of a proposed or potential change in land use.
(2) Additional divisions or development of the Immediate Development Area shall be made in accordance with Section 20-810.
(3)
No
divisions or intense development of any portion of the Conservation Area shall
be permitted after annexation. Limited development that is compatible with the
conservation easement on record and the preservation of the natural or man-made
resources for which the easement was granted, may be permitted for
recreational or open space purposes, in accordance with the Zoning Regulations
of the annexing city. After
annexation, divisions or development of any portion of the Future Development Area not subject to a
conservation easement, shall be made in accordance with the Subdivision
Regulations of the applicable city.
Any person having legal or equitable interest in property that meets the criteria required by Section 20-805(b) and (c) may file, with the Planning Director, an application for a division of land in conformance with this Section. The completed application must: satisfy the requirements of Section 20-802; be submitted with an approved application form supplied by the Planning Department; and, shall be accompanied by:
(1) the applicable review and recording fees;
(5)
One
original and three (3) Four (4) copies of a Certificate of Survey that complies
with the requirements of Section 20-807.
(6) An executed annexation agreement allowing annexation by the city, who’s Urban Growth Area the development is located within, based on the adopted annexation policies of that city.
The Planning Director shall review all applications for divisions of land, pursuant to this Section, in accordance with the Certificate of Survey administrative review procedures set forth in Section 20-807.
The purpose of this Section is to allow an administrative approval procedure for divisions of land to accommodate rural residential
development on large
land parcels that are located within the Urban Growth Areas of cities in Douglas County. The procedure contemplates that forethought and design considerations will
be employed to identify the ultimate urban scale residential development of the
large land parcel prior to any division occurring, and that based on these
considerations, three acre or larger Residential Development Parcels may be created
when they allow for future divisions through a ‘Build
Out Plan’ of the Residential Development Parcels,
at some future time, to create urban scale and density lots. These
regulations will result in Residential Development Parcels that retain their
rural character for the immediate future, but will also allow for more
efficient transition to urban scale development as subsequent circumstances
dictate.
(1) A division of a parcel of land, that is forty (40) acres in area or larger, that also is located in Service Areas 2-4, of Lawrence’s Urban Growth Area, or in other Cities’ Urban Growth Areas, may be approved pursuant to the provisions of this Section.
(2)
Divisions of parcels of land,
that are forty (40) acres in area or larger, that also are located in Service Areas 2-4 of Lawrence’s Urban Growth Area, or in
other Cities’ Urban Growth Areas, not made in accordance with Section 20-805 (a)-(g)
must be made in conformance with the standards set forth in sub-section
(h) of Section 20-805 and with the procedures set forth in Section 20-809,
Major Subdivisions.
Large Parcel Property Divisions of land made according to this Section shall consist of two components; Immediate Development Area and Future Development Area and shall be made in accordance with the requirements of this sub-section.
(i) Maximum Development Acreage. The Immediate Development Area shall not exceed sixty percent (60%) of the total acreage of the Large Parcel Property Division that is covered by an application submitted pursuant to this Section. The Immediate Development Area may further be divided into individual Residential Development Parcels subject to the requirements of this Section.
(ii) Minimum Residential Development Parcel Area. Each Residential Development Parcel must have a minimum area of:
a. 3 acres when fronting onto a local road;
b. 5 acres when fronting onto a Major or Minor collector road,
c. 10 acres when fronting onto a minor arterial; and
d. 20 acres when fronting onto a principal arterial or Freeway.
(iii)
Building Envelopes. Residential
Development Parcels shall be planned and arranged to allow for future
subdivision of these parcels into lots at an urban scale and density that conforms to the development regulations of the city who’s Urban Growth
Area the development is located within. Building Envelopes shall be shown on
each Residential Development Parcel.
(iv) Development Parcel Access. Each Residential Development Parcel shall have direct access to a hard surfaced road.
(v) Minimum Road Right(s)-of-way. If the Large Parcel Property Division is located adjacent to public road right(s)-of-way that does not meet the minimum width standards of Section 20-810(d)(4), approval of the application for division of land pursuant to this Section will be subject to the condition that the Subdivider dedicate, by separate instrument to the County, one-half the additional land necessary to bring the road(s) adjoining the Large Parcel Property Division to the required right-of-way standard based on the road’s classification established on the Major Thoroughfares Map in the Comprehensive Land Use Plan. All necessary Dedications shall be by separate instrument, satisfactory to the County Counselor, and filed with the Register of Deeds. No final action may be taken on the Certificate of Survey until this additional road right-of-way has been dedicated.
(vii) Utility - Water. Each Residential Development Parcel shall obtain water from a publicly treated water source.
(viii) Steep Slopes. The Building Envelopes of Residential Development Parcels shall not contain any slopes greater than fifteen percent (15%).
(ix) Drainage Easements. If any portion of the Residential Development Parcel lies in FEMA designated regulatory floodplain, or if drainage Channels or Swales exist on the Residential Development Parcel that carry runoff from adjacent property or public Street/Roads, the FEMA designated regulatory floodplain or drainage Channel or Swale shall be protected by grant of Easement, or other similar device, evidenced by a separate legal instrument, as may be required by the Planning Director and acceptable to the County Counselor.
(x) Utility – Wastewater. Residential Development Parcels shall have an On-Site Sewage Management System approved by the Director of Lawrence/Douglas County Health Department or a connection to a wastewater disposal system approved by the Kansas Department of Health and Environment.
(xi) County Health Code Restriction in Floodplain. Lateral lines for On-Site Sewage Management Systems shall be located outside of the FEMA designated regulatory floodplain.
(xii) Restrictive Covenants. Property in the Immediate Development Area shall be subject to a restrictive covenant as set forth in sub-section 20-805(d).
(2) Future Development Area.
The Future Development Area shall meet the requirements set forth in this sub-section.
(i) Minimum Requirement. The portion of a Large Parcel Property Division not included in the Immediate Development Area shall be designated Future Development Area.
(ii)
Horizon 2020. All
lands proposed for Large
Parcel Property Divisions in accordance with this section, which are identified in Horizon
2020 as environmentally or geographically sensitive areas or sites of historic
landmarks or historic features, shall be included in the Future Development
Area. Sensitive Lands Worthy of Conservation. Lands
that are or contain the resources identified in Section 20-810(j) shall be deemed to be worthy of conservation.
(iii)
Conservation
Easements. Land within the Future Development Area which is identified in Horizon 2020 as being an
environmentally sensitive area, a geographically sensitive area, or the site of
an historic landmark or historic feature shall be, Land
that is or contains the resources identified in Section 20-810(j), such as Floodways, based on the FEMA’s
one-hundred year storm; Floodplains, based on the FEMA’s one-hundered year storm;
Jurisdictional Wetlands; Stream Corridors; Prominent Natural Geographic
Features with Rocky Outcroppings; Stands of Mature Trees or Individually
Significant Mature Trees; and, Archaeological and Historic Sites, to
the greatest extent reasonably practicable, subject to a conservation easement
to permanently retain the environmental, geographical or historical
characteristics of the land and prevent any use of these areas that will
significantly impair or interfere with the environmental, geographical or
historical characteristics of this land. The conservation easement shall be
conveyed to the County by separate legal instrument, satisfactory to the County Counselor
(iv) Restriction on Subsequent Divisions. The Future Development Area, not within an environmentally or geographically sensitive area or the site of an historic landmark or historic feature, shall be restricted from any further division or development by a legal instrument that is satisfactory to the County Counselor, until the land is annexed by a City.
a. This instrument shall be binding upon the owner and all of its successors and assigns, and shall constitute a covenant running with the land, expiring at the time the subject property is annexed by a city.
b. This instrument shall be in recordable form and shall be recorded with the Register of Deeds.
(v) Restrictive Covenant. The Future Development Area shall be subject to a restrictive covenant as set forth in sub-section 20-805(d).
The Immediate Development Area and Future Development Area each shall be restricted by a separate instrument, satisfactory to the County Counselor, which shall:
(1) incorporate by reference and have attached as an exhibit the Build Out Plan;
(2) require future division of the Residential Development Parcels to conform to the Build Out Plan, subject to the requirements of this Article;
(3) for the Immediate Development Area, limit each Residential Development Parcel to a building site for one principal dwelling unit until annexation into a city and municipal water and sanitary sewer service are extended to the building site;
(4) for the Future Development Area, prohibit further divisions of land or Development until the expiration of the Future Development Area designation;
(5) restrict the location of structures
within the Immediate Development Area to Building Envelopes that have been
created to allow for the future subdivision of the Immediate Development Area into
lots of an urban scale and density
that avoids interference with planned future Street/Roads, easements and
setbacks;
(6) be binding upon the owner and all of its successors and assigns, and shall constitute a covenant running with the land, expiring at the time the subject property is annexed by a city; and
(7) be in a recordable form and be recorded with the Register of Deeds.
(1)
Written
notice of the proposed division for rural residential purposes shall be mailed
to the Owner of record of all property within one-quarter (¼)
mile of the subject property. The notice shall be sent by the applicant by
regular mail, postage pre-paid. The mailing addresses for property owners
within the one-quarter (¼) mile notification area shall be obtained from the
Douglas County Register of Deeds Clerk.
The applicant shall submit a Certificate of Mailing, obtained from the US Post Office, at the time of submission of the Certificate of Survey application. A
Certificate of Survey application shall be considered incomplete without an
executed Certificate of Mailing. The notice shall provide:
(i) a brief description of the location of the property proposed for division;
(ii) the projected date a Certificate of Survey application will be submitted to the Lawrence/Douglas County Planning Office;
(iii) a contact telephone number and address for the property owner proposing the division for rural residential purposes; and,
(iv) the letter shall include the following Statement and information:
Notice of Proposal to divide land located at [road address or general description such as; one-half (½) mile north of the intersection of x road and y road, on the east side] for rural residential development purposes.
This letter is being sent to the Owner of property adjoining and within one-quarter (¼) mile of the boundaries of the property proposed for division for rural residential development. The purpose of this letter is to provide general information to the recipient and/or owner OF PROPERTY of a proposed or potential change in land use.
(2) The failure of a property owner within the one-quarter (¼) mile mailing distance to receive the written notice will not affect the validity of the application for a Certificate of Survey.
Any person having legal or equitable interest in property that meets the requirements of this Section may file, with the Planning Director, an application for a Large Parcel Property Division in conformance with this Section. The completed application must satisfy the requirements of Section 20-802; be on an approved application form supplied by the Planning Department; and, shall be accompanied by:
The Planning Director shall review all applications for Large Parcel Property Divisions pursuant to this Section in accordance with the Certificate of Survey administrative review procedures provided in Section 20-807.
(2) Development of the Future Development Area shall occur in accordance with the Build Out Plan unless the developer establishes that changed circumstances exist or the appropriate city’s plans for the area covered by the Build Out Plan recommend a different type of land use. In this later instance, development shall conform to the then current plan recommendations.
(3) Upon annexation, all divisions of land in the Immediate Development Area or Future Development Area shall be made in accordance with Section 20-809, Major Subdivisions for the City of Lawrence, or in accordance with the Subdivision Regulations set forth in the annexing city’s regulations.
A division of a parcel of land that is forty (40) acres in area or larger, and that is located in Service
Areas 2-4, of Lawrence’s Urban Growth Area or in another City’s Urban Growth
Area, but which is not made according to sub-sections (a)-(g) of Section 20-805
shall be developed in accordance with the requirements of this sub-section and shall
also be made pursuant to the procedures provided in Section 20-809, Major
Subdivisions.
(1) Minimum Development Acreage. A subdivision
created in accordance with this sub-section
shall be a minimum of forty (40) acres in area. In calculating the size of a subdivision,
the minimum acreage shall be deemed to include one-half of the adjoining road right(s)-of-way,
if this inclusion is necessary for the subdivision to conform to the minimum development
acreage, but this calculation shall not be used to increase the computed size by more than five (5) percent.
(2) Minimum Lot Area. Lots in subdivisions developed
according to this sub-section shall be a minimum of three (3) acres in area.
(3) Development Access. A subdivision
created in accordance with this sub-section shall be located adjacent to a hard
surfaced road.
(4) Building Envelopes. All Lots shall be
laid out, and Building Envelopes shall be created, in anticipation of future
subdivision into lots of an urban scale conforming to the then current Lawrence
Development Code or another City’s Regulations, whichever is applicable.
(6) Lot Access. All Lots shall have access only to internal
hard-surfaced subdivision roads.
(7) Utility - Water. All lots shall obtain
water from a publicly treated water source.
(8) Steep Slopes. Subdivisions developed in
conformance with this sub-section shall not create any lots with Building
Envelopes that contain slopes greater than fifteen percent (15%).
(9) Utility - Wastewater. All Lots shall
have an on-site sewage management system approved by the Director of the
Lawrence/Douglas County Health Department or a connection to a wastewater
disposal system approved by the Kansas Department of Health and Environment.
(10) County Health Code Restriction in Floodplain. On-site sewage management systems
shall be located outside the FEMA designated regulatory floodplain.
The purpose of this section is to provide an alternative to the division of property in the Rural Area (outside the UGAs) that may be administratively approved. Horizon 2020, the Comprehensive Land Use Plan, strongly encourages that residential development be located in the Lawrence Urban Growth Area or within the Urban Growth Areas of the other incorporated Cities’ in the County. Horizon 2020 also recognizes the need for some suitable residential development in the Rural Area of Douglas County, therefore, this Section provides a pattern for grouping suitable residential development to minimize the adverse effect on agricultural character and use of land within the County, while ensuring additional efficiencies in the provision of public infrastructure and services to these residential developments.
When used in this Section, the following terms have the following meanings:
(1) Original Tract – an area, parcel, site, piece of land or other property that is under the same ownership, is the subject of a development action, and from which a Parent Parcel is created.
(2) Parent Parcel – a surveyed area, site or land division created for the sole purpose of a residential development action.
(3)
Residential Development Parcel –
a Residential Development parcel, created by the division of a Parent Parcel for the
purpose of construction of one
single-family residential dwelling unit and permitted accessory uses, buildings and structures.
(4) Rural Area – the area of the County lying outside the Urban Growth Areas of Lawrence, Baldwin City, Eudora and Lecompton.
Land located within the Rural Area may be divided into two individual Residential Development Parcels according to the following requirements:
(1) The owner of the land must identify a tract of land, which shall be twenty (20) acres when access is to be taken from a local road and a minimum of twenty (20) acres when access is to be taken from a road with a higher road classification than local road, in accordance with this Section. The tract identified for division according to this sub-section shall be known as the “Parent Parcel”. The land from which the Parent Parcel is identified shall be known as the “Original Tract”. An Original Tract may be composed of an individual parcel or a combination of adjacent parcels under a single ownership [not separated by public right(s)-of-way] that share common boundary lines.
(i) For purposes of determining compliance with the 20-acre minimum tract area, a transfer of an entire half of a quarter-quarter section (e.g. West ½ of the SE ¼ of the SE ¼) shall be deemed to be a 20-acre tract.
(ii)
In calculating the size of a
tract, the tract size shall be deemed to include one-half of the adjoining road
right(s)-of-way or easement if such
inclusion is necessary for the tract to conform to the applicable minimum tract
size. but
this calculation shall not be used to increase the computed tract size by more
than five percent (5%).
(2)
To initiate a division of land
according to this Section, the owner must submit an application to the Planning
Director, on a form provided
by the Planning Department with accompanied
by an original and three copies of a Certificate
of Survey prepared in conformance with Section 20-807(d). The Certificate of
Survey shall illustrate and identify the Original Tract, Parent Parcel, Residential
Development Parcels and all environmentally or geographically sensitive areas
or sites of historic landmarks or historic features.
(3)
Land located
within the Rural Area, not divided according to Section 20-806 (a) – (e), must be made in
accordance with the standards set forth in sub-section (f) of Section 20-806 and
with the procedures set forth in Section 20-809, Major Subdivisions.
(1)
A Parent Parcel may be divided one time into
two individual Residential Development Parcels, only if the Planning Director finds: that
the property is being subdivided for
single-family residential purposes; that the division does not involve
or result in the creation of any minimum maintenance or
full maintenance new Roads or new road rights of way or easements; and, that
the division is made in accordance with the requirements in this sub-section.
a.
3 acres, if the
Residential Development Parcel obtains water from a publicly treated water source;
or
b.
5 acres, if the
Residential Development Parcel obtains treated water
from a private well;
(ii) Development Access. Each Residential Development Parcel shall have access to a full maintenance road;
(iii) County Health Code Requirements. The applicant has provided evidence that each Residential Development Parcel will satisfy all applicable health and sanitation requirements;
(iv)
Clustering. Grouping
Divisions. Where a Parent Parcel has previously been identified and
filed of record from an Original Tract, any subsequent Parent Parcel identified
from that Original Tract shall, where practicable, be located with one boundary line adjacent to the previously
created Parent Parcel to encourage the
grouping of Residential Development Parcels clustering of
residential development to facilitate the efficient provision of infrastructure
and other public services.
(v)
Minimum Frontage and Entrance Spacing
Requirements. Each Residential Development Parcel must meet minimum parcel
frontage and entrance spacing requirements established in the County’s adopted
“Access Management Resolution”, Resolution No. HR-xx-xx-xx.
The frontage and entrance spaciing
requirements that are based on the classification of the road
upon which the Residential Development Parcel is proposed to have access.
(vi) Building Envelope. Where a Residential
Development Parcel includes lands identified in Horizon 2020 as being an
environmentally or geographically sensitive area or the site of an historic landmark or historic feature,
these areas and sites identified shall not be included within the Building Envelope. When a Residential Development
Parcel includes lands identified for Resource Preservation in Section 20-810(j),
such as Floodways, based on the FEMA’s one-hundred year storm; Floodplains,
based on the FEMA’s one-hundered year storm; Jurisdictional Wetlands; Stream
Corridors; Prominent Natural Geographic Features with Rocky Outcroppings;
Stands of Mature Trees or Individually Significant Mature Trees; and,
Archaeological and Historic Sites, a Building Envelope is shall be required to
be shown on the parcel and it shall not include the areas and sites indentified
for resource preservation. A Building Envelope is not required on a
Residential Development Parcel that does not include lands within the categories
identified for resource preservation in Section 20-810(j).
(vii)Conservation Easement. Land that is or contains the resources identified in
Section 20-810(j), such as
Floodways, based on the FEMA’s one-hundred year storm; Floodplains, based on
the FEMA’s one-hundered year storm; Jurisdictional Wetlands; Stream Corridors;
Prominent Natural Geographic Features with Rocky Outcroppings; Stands of Mature
Trees or Individually Significant Mature Trees; and, Archaeological and
Historic Sites has been identified in Horizon 2020 as being an
environmentally sensitive area, a geographically sensitive area, or the site of
an historic landmark or historic feature shall be made subject to a conservation easement to permanently retain the
environmental, geographical or historical characteristics of the land and
prevent any use of these areas that will significantly impair or interfere with
the environmental, geographical or historical characteristics of this land.
The conservation easement shall be conveyed to the County by a separate legal
instrument that is satisfactory to the County Counselor
(2)
With respect to any division
made according to sub-sections (a) through (e)
(d) Section 20-806, the subsequent Residential Development
Parcels shall be considered parcels but shall not be considered Lots as defined
in this Article. Each Residential Development Parcel shall be eligible for the
issuance of building permits for a single-family dwelling and permitted accessory uses, buildings and
structures. Use for any other purpose, construction of more than one single-family dwelling, or further
division of the Residential Development Parcel shall be prohibited. permitted only after the Residential
Development Parcel has been platted
converted into one or
more Lots through full compliance with the procedures and standards of this
Article.
A division of a parcel of land that is located in
the Rural Area, but which is not made according to sub-sections (a) through (e)
of Section 20-806, shall be developed in accordance with the requirements of sub-section (f) of Section 20-806 and also be
pursuant to the procedures provided in Section 20-809, Major Subdivisions.
(1) Minimum Development Acreage. A subdivision
created in accordance with this sub-section shall be a minimum of eighty (80)
acres in area. In calculating the size of a subdivision, the minimum acreage
shall be deemed to include one-half of the adjoining road right(s)-of-way, if
this inclusion is necessary for the subdivision to conform to the minimum development
acreage, but this calculation shall not be used to increase the computed size
by more than five (5) percent.
(2) Minimum Lot Area. Lots in subdivisions
developed according to this sub-section shall be a minimum of three (3) acres
in area.
(3) Development Access. A subdivision
created in accordance with this sub-section shall be located adjacent to a hard
surfaced road.
(4) Building Envelope. All Lots shall be laid out, and Building Envelopes shall be created,
in a manner that allows for future subdivision based on the then current Lawrence Development Code or another City’s Regulations,
whichever is applicable.
(6) Lot Access. All Lots shall have access only to internal hard-surfaced
subdivision roads.
(7) Utility - Water. All Lots shall obtain
water from a publicly treated water source.
(8) Steep Slopes. Subdivisions developed in
conformance with this sub-section shall not create any lots with Building
Envelopes that have slopes greater than fifteen percent (15%).
(9) Utility – Wastewater. All Lots shall
have an on-site sewage management system approved by the Director of Lawrence/Douglas County Health Department
or a connection to a wastewater disposal system approved by the Kansas
Department of Health and Environment.
(10) County Health Code Restriction in Floodplain. On-site sewage management systems
shall be located outside the FEMA designated regulatory floodplain.
The purpose of the Certificate of Survey administrative
review procedure is to provide an administrative process for creating an
accurate record of the description and location of Residential Development
Parcel divisions created in the Urban Growth Area of cities in conformance with
Sections 20-804 or 20-805. without requiring
full compliance with the Subdivision
Development regulations of Section 20-809, Major Subdivisions.
In the Rural Area (outside the UGAs), the Certificate of
Survey administrative review procedure is to provide an administrative process
for creating an accurate record of the description and location of Residential
Development Parcel divisions in
conformance with Section 20-806. without requiring full compliance with the Subdivision Development regulations of
Section 20-809, Major Subdivisions.
The Planning Director is authorized to review and approve applications for land divisions made in conformance with Sections 20-804, 20-805 and 20-806, subject to the requirements of this Section. This administrative review procedure allows for an administrative approval process with final action by the Planning Director.
An application for a division of land submitted with a complete Certificate of Survey shall be considered for approval in the following circumstances:
(1) The proposed division meets the criteria of one of the types of division authorized by Sections 20-804, 20-805, or 20-806, for review in conformance with this Section.
(2)
Residential Development
Parcels are eligible for Certificate of Survey approval only one time. ; further divisions of Residential Development Parcels which
were created pursuant
to Sections 20-804, 20-805 or 20-806 shall be made in conformance with Section
20-809, the Major Subdivision procedures of this Article.
(3) For the purpose of interpreting the applicability of the Certificate of Survey administrative review procedure, any proposed development or division of land, which the Planning Director determines is intended to evade the Major Subdivision procedures of Section 20-809 because it would result in a de facto Major Subdivision through the combination of previous contiguous Certificates of Survey, is not eligible to use the Certificate of Survey administrative review procedure.
Applications for Certificate of Survey administrative review procedure shall be submitted to the Planning Director in conformance with the general requirements of Section 20-802 and any specific requirements provided in this Article.
A Certificate of Survey must comply with the following requirements:
(1) The Certificate of Survey shall be legibly drawn on Mylar with permanent ink or printed or reproduced by a process guaranteeing a permanent record and shall be eighteen inches (18”) by twenty-four inches (24”) in size;
(2) The Certificate of Survey must show or contain on its face the following information; provided, however, that the licensed Land Surveyor may, at his or her discretion, provide additional information regarding the survey:
(i) A title or title block including the quarter-section, section, township, range and principal meridian in which the surveyed land is located. A Certificate of Survey shall not bear the title “plat,” “subdivision” or any title other than “Certificate of Survey;”
(ii) A note stating “This Certificate of Survey was not prepared for the purpose of the platting of land. No further divisions of the parcels created by this survey shall occur until the property is subdivided in accordance with all applicable Subdivision Regulations of Douglas County or the city into which it is annexed.”;
(iii) The name(s) of the person(s) who own the land and who commissioned the survey and the names of any adjoining platted subdivisions;
(iv) The date the survey was completed;
(v) A north arrow;
(vi) A written and graphic scale. (The scale must be one inch (1”) equals thirty feet (30’) or less);
(vii) A narrative legal description of the property surveyed, including a benchmark or other vertical reference point tied to the United States Geological Survey;
(viii) A location map showing the property surveyed in relation to property ownership lines within the same section and the nearest existing public right(s)-of-way;
(ix)
The dimensions and
locations of all of the parcels
indicated on the survey, including dashed lines to depict the future urban lot layout in the Build
Out Plan. This
requirement is not applicable to Section 20-806. if
applicable;
(x) A numbering system or other clear and simple method of identifying each parcel within the Certificate of Survey;
(xi) The location and width of public right(s)-of-way, existing and proposed;
(xii) The location of any easements, existing and proposed;
(xiii)
The dimensions of all existing
Structures in relation to existing and proposed parcel lines, and based on the future lot layout shown in the Build Out Plan, if applicable;
(xiv) Building envelopes shall be shown for every Residential Development Parcel and shall not include lands identified as environmentally or geographically sensitive areas or the sites of historic landmarks or historic features;
(xv)
Except for divisions
made in conformance with Section 20-806, Building Envelopes shall be designed
to allow for the placement of rural residences on parcels that will facilitate tax
efficiencies in future further subdivision of the Residential Development
Parcel into city-sized urban lots;
(xvi) A note stating the specific code section [20-804, 20-805, or 20-806] pursuant to which the division is being made;
(xvii) A signed and acknowledged recitation of any restrictive covenants or conservation easements required by the proposed division with a line on the survey for the identification of the book and page in which the covenants or conservation easement are recorded;
(xviii) The signature of the Owner, properly attested;
(xix) The dated signature and seal of the Kansas licensed land surveyor responsible for the survey along with a note stating: “This survey complies with the Kansas Minimum Standards for Boundary Surveys;
(xx) A line on the survey for the review date and signature of the County Surveyor beneath a note stating: “Reviewed in compliance with K.S.A. 58-2005”;
(xxi) A line on the survey for the approval date and signature of the Planning Director; and
(xxii) A line on the survey for the Register of Deeds filing information.
An application for division of land requiring an approved Certificate of Survey shall be approved if, and only if, it meets all of the following criteria:
(1) The proposed division meets the requirements for a division of land under Sections 20-804, 20-805 or 20-806, as applicable;
(2) The Certificate of Survey meets all of the requirements of Section 20-807;
(3) The proposed Residential Development Parcels and all other aspects of the proposed Certificate of Survey conform with the current Comprehensive Plan of Lawrence and Douglas County or, where applicable, the comprehensive plan of another city in Douglas County;
(4) The Certificate of Survey conforms with the adopted Major Thoroughfares Map in the Comprehensive Land Use Plan for Douglas County and does not preclude or interfere with the subsequent logical continuation of any Street/Roads shown thereon affecting the land included in the proposed Certificate of Survey;
(5) The proposed Certificate of Survey is consistent with any conditions imposed on any previous division of any part of the same land; and
(6) The proposed Certificate of Survey conforms to the Kansas Minimum Standards for Boundary Surveys.
(1) The General Review and Approval Procedures set forth in Section 20-802 shall apply to all applications under this Section.
(2) Upon receipt of a complete application, the Planning Director shall review the application for conformance with applicable regulations.
(3) The Planning Director shall conduct the review of the application within 30 days of receipt of the complete application. If the Planning Director finds that the Certificate of Survey conforms to all of the standards set forth in this Article, the Director shall sign and indicate on an original copy of the Survey “Approved as a Certificate of Survey under the Subdivision Regulations of the City of Lawrence & the Unincorporated Area of Douglas County” with the date of approval.
(4) If the Planning Director finds that the Certificate
of Survey fails in any way to conform to the standards set forth in this
Article or that the proposed division is not eligible for administrative approval pursuant to
this section the Planning Director shall refuse to approve the proposed
Certificate of Survey and shall notify the Applicant by letter, within the 30
day review period, of the reason(s) for that refusal. If the deficiency or
other reason for denial can be cured
through action of the Applicant, the Applicant may submit a revised application
and Certificate of Survey within forty-five (45) days after receipt of the
letter and shall not be required to pay an additional fee. If the reason for denial is that the proposed division is not
eligible for consideration as a Certificate of Survey, the Subdivider may
submit an application for Major Subdivision approval.
(5) If approved, the Certificate of Survey shall be recorded by the Planning Director with the Douglas County Register of Deeds. A copy shall be kept by the Planning Director, and a copy shall be furnished to the Applicant and to the County Zoning & Codes office.
(1)
Upon the approval or denial of
an application for a division of land under Sections 20-804, 20-805 or 20-806 a
party aggrieved by the Planning Director’s
decision may appeal that decision to the Board of County Commissioners. To
have standing to make an appeal, the party must have been the applicant or an
owner of property within one-quarter
(¼) mile 1320 feet of the Parcel
that is the subject of the decision.
(2)
The Planning
Director shall provide written notice of the filing of an appeal setting
forth the subject of the appeal, the time and place and when the appeal shall
be heard. The notice shall explain that there will be an opportunity to
present evidence to the Board of County Commissioners and it shall be mailed to
all owners of property within one-quarter
(¼) mile 1320’ of the land
that is the subject of the appeal.
(3) The County Commission shall set a hearing date for the appeal that is at least 15 days after written notice is sent to the appellant. The appellant shall have the burden of establishing by clear and convincing evidence that the Planning Director’s decision was incorrect.
The purpose of this administrative process is to provide a more economical and efficient procedure for the adjustment of platted lot lines in developed areas through a resubdivision procedure, where an adjustment involves little or no expansion of the public infrastructure. The Minor Subdivision process allows for a one-step resubdivision approval process with final action by the Planning Director.
The Planning Director is hereby authorized to review and approve Minor Subdivisions in accordance with the procedures of this Section.
(1) Within the City of Lawrence, a platted Lot may be split into 4 or fewer Platted Lots by using the Minor Subdivision procedures of this section; provided, that no new Street or extension of an existing Street is created, or a vacation of Streets, Alleys, Setback Lines, Access Control or Easements is required or proposed.
(2) Within the Unincorporated Area of the County, a platted Lot may be split into 2 Platted Lots by using the Minor Subdivision procedures of this section, provided that:
(i) each resulting Lot has a minimum lot area that conforms to the County Sanitation Requirements for minimum lot area;
(ii) the platted lot takes access from a hard surfaced road;
(iii) no new Road or extension of an existing improved Road is created, nor is a vacation of Roads, Setback Lines, Access Control or Easements required or proposed;
(iv) the lot split is not prohibited by any other Section of this Article;
(3) The merger or consolidation of full Lots or full Lots with portions of platted Lots into a fewer number of Lots shall be processed as Minor Subdivisions;
(4) For the purpose of interpreting the Minor Subdivision eligibility criteria of this sub-section, any proposed Subdivision that the Planning Director determines is designed, intended, or by proximity to a previous minor subdivision would evade the Major Subdivision procedures of this section by resulting in a de facto Major Subdivision, shall not be eligible for the Minor Subdivision process;
(5) Lots are eligible only one time for approval of a lot split or consolidation through the Minor Subdivision process and any further divisions or consolidations of the originally platted or newly created Lots shall be processed as Major Subdivisions; and,
(6) The Minor Subdivision
map replat shall contain a general note on the face of it stating: “Further division or consolidation of
any lots contained in this Minor
Subdivisions is prohibited, and shall
be processed as Major
Subdivisions”.
A lot or group of lots submitted as a Minor Subdivision shall be approved if all of the following criteria are met:
(1) The proposed division(s) or consolidation(s) meets the criteria of one of the types of divisions eligible for review through the Minor Subdivision process under Section 20-808(c);
(2) Each Lot resulting from the split or consolidation will have direct access to an existing public Street/Road that meets current adopted access and improvement standards or will meet such standards as a result of improvements required as a condition of approval of the Minor Subdivision;
(3) If the property is located adjacent to a public Street/Road right-of-way that does not meet the minimum right-of way standard of Section 20-810(d)(4), approval of the Minor Subdivision will be subject to the condition that the Subdivider dedicate to the City or County, as applicable, one-half the additional land necessary to bring the road(s) adjoining the land to be divided to the required minimum right-of-way standards. All necessary Dedications shall be filed by separate instrument with the Register of Deeds and proof of these dedications shall be provided to the Planning Director. No final action shall be taken on the Minor Subdivision until this additional right-of-way dedication has been recorded;
(4) If any portion of the property within the Minor Subdivision lies in a FEMA designated regulatory floodplain, or if drainage Channels or Swales exist on the property that carry runoff from adjacent property or public Street/Roads, the FEMA designated regulatory floodplain or drainage Channel or Swale shall be protected by grant of Easement, Dedication or other similar devise as may be required by the Planning Director. No final action shall be taken on the Minor Subdivision until this dedication has been recorded;
(5) The Owner shall provide written documentation for splits or combination of lots in the unincorporated area of the County to the Planning Director providing proof that the proposed Lots will have:
(i) access to a publicly treated water source; and,
(ii) test holes for an On-site Sewage Management System have been reviewed and approved by the Director of Lawrence/Douglas County Health Department.
(6) The proposed Lots and all other aspects of the proposed Minor Subdivision conforms with the current Comprehensive Land Use Plan of Lawrence and Douglas County;
(7) The Minor Subdivision conforms with the adopted Major Thoroughfares Map in the Comprehensive Land Use Plan and does not preclude or interfere with the subsequent logical continuation of any Street/Roads shown thereon affecting the land included in the proposed Minor Subdivision or the original platted subdivision;
(8) The proposed Minor Subdivision is consistent with any conditions imposed on the original platted Subdivision from which the lots being split or consolidated were originally platted; and,
(9) The Minor Subdivision conforms to the Kansas Minimum Standards for Boundary Surveys.
(1) Requests for Minor Subdivision approval shall be submitted to the Planning Director.
(2) Each application shall be submitted on a form provided by the Planning Director and shall be accompanied by:
(i) The applicable review and recording fees;
(ii)
Ten copies of a Minor Subdivision map replat, certified by a licensed Land Surveyor, at a scale of one inch equals 30 feet or less; and
(iii) A certificate that all taxes and special assessments due and payable have been paid. Any unpaid special assessments shall be noted with the application submittal and a proposed redistribution plan for these unpaid special assessments, which meets the City Clerk and City Engineer requirements for lots within the City of Lawrence or with the County Clerk and County Engineer requirements for lots within the unincorporated area of Douglas County, also shall be submitted with the application.
(3)
The map replat shall
contain the following information:
(i) a title that includes the original lot numbers and subdivision name and an indication that this is a replat of said lots in the subdivision;
(ii) legal description of the property, including a benchmark or other vertical reference point tied to the United States Geological Survey;
(iii) location map identifying community features and the nearest existing public right(s)-of way within a one (1) mile radius of the site;
(iv) location of existing Easements and utilities;
(v) dimensions and locations of the new lots to be created through the division or consolidation;
(vi) location and width of accessways, existing and proposed;
(vii) dimensions of all existing Structures in relation to existing and proposed Lot Lines;
(viii) signature of the Owner, properly attested;
(ix) a signature and date line for approval by the Planning Director, stating “Approved as a Minor Subdivision under the Subdivision Regulations of the City of Lawrence and the Unincorporated Area of Douglas County”;
(x) a line on the survey for the review date and signature of the County Surveyor beneath a note stating: “Reviewed in compliance with K.S.A. 58-2005”; and,
(xi) a signature and seal of the Land Surveyor licensed by the State of Kansas, who performed the
survey for the Minor
Subdivision map replat.
(1) Upon receipt of a complete application, the Planning Director shall review the application for conformance with applicable regulations.
(2) The Planning Director shall
conduct the review of the application within twenty (20) days of receipt of the
complete application. If the Planning Director finds
that the Minor Subdivision conforms to all of the standards set forth in this Section,
the Director shall sign and date an original Mylar copy of the map replat.
(3) If the Planning Director finds that the Minor Subdivision fails in any way to conform to the standards set forth in this Section or that the proposed division or consolidation is not eligible for consideration as an Minor Subdivision, the Planning Director shall refuse to approve the proposed Minor Subdivision and shall notify the Applicant by letter of the reason(s) for such refusal. If the deficiency or other reason for denial can be cured through action of the Applicant, the Applicant may submit a revised application and map within forty-five (45) days after receipt of such letter and shall not be required to pay an additional fee. If the reason for denial is that the proposed division or consolidation is not eligible for consideration as a Minor Subdivision, the Subdivider may submit an application for Major Subdivision approval at any time.
(4) The Planning Director shall forward a signed, original Mylar copy of the Minor Subdivision replat to the Register of Deeds for recording.
(5) A copy of the signed original Mylar shall be furnished to the Applicant.
(6) Appeals of the Planning Director’s decision on a Minor Subdivision shall be subject to Section 20-813(e)(1).
The Major Subdivision procedures of this section are
intended to provide a standardized review process for Major Subdivisions
Preliminary and Final Plats. The Major Subdivision process requires a two-step review process
with final approval by the Planning Commission and acceptance of any
Dedications by the appropriate Governing Body.
The Major Subdivision procedures of this section apply to all Subdivisions that are not eligible for review in conformance with the Certificate of Survey Administrative review Procedures or the minor subdivision process.
(1) The General Review and Approval Procedures set forth in Section 20-802 shall apply to all applications under this Section;
(2) Applications under this Section shall contain the materials required under Section 20-811(j)(4).
Approval or disapproval of Major Subdivisions shall be based on the following criteria:
(1) Each Lot resulting from the division will have direct access to a public Street/Road that has been accepted by the county or city or a private street that has been approved as part of a Planned Development;
(2) Each Lot resulting from the division will conform with the minimum Lot size and other dimensional requirements applicable to the property through the Zoning District regulations;
(3) The proposed Major Subdivision and all Lots within it conform fully with the standards set forth in Section 20-810(a)(2) of this Article;
(4) The proposed Lots and all other aspects
of the proposed Major
Subdivision conforms with the current Comprehensive Plan of Lawrence and Douglas County; and adopted area watershed/sub-basin plans, sector or and neighborhood plans;
(5) The proposed Major Subdivision conforms with any adopted Major Thoroughfares Plan and provides for the logical continuation of any Street/Roads shown thereon affecting the land included in the proposed Major Subdivision;
(6) The proposed Major Subdivision shall provide for a logical connection
of streets between adjacent subdivisions taking into consideration constraints
from steep topography and other natural features that may limit street connectivity
but allow for pedestrian connectivity, shall conform with adopted neighborhood/area watershed/sub-basin
plans, sector or neighborhood plans for street layout;
(7) The proposed Major Subdivision conforms to the adopted master plans for the water and wastewater systems and conforms to the overall drainage basin master plan; and
(8) The Major Subdivision plat conforms to the Kansas Minimum Standards for Boundary Surveys.
A Subdivider shall apply for Major Subdivision Preliminary
Plat approval by submitting an application to the Planning Director.
(1) The application shall contain the materials required by Section 20-812(a), as well as any additional materials required as part of the application form provided by the Planning Director.
(2) Each application shall be accompanied by:
(i) the applicable filing fee;
(ii) a completed Major Subdivision application form;
(iii) the required number of copies for a complete submission of a Preliminary Plat, containing all elements set forth in Section 20-812(a); and,
(iv) a drainage plan, if within the City limits or within the Urban Growth Area.
(1) The Planning Commission shall conduct the review of the application at the meeting at which it is scheduled by the Planning Director, unless the Subdivider shall request deferral to a future meeting. The Planning Commission shall take final action on the Preliminary Plat at a meeting occurring not later than 60 days after the date of receipt of a complete application by the Planning Director the Planning Commission’s initial receipt of the Preliminary Plat that the Planning Director has found to be a complete application.
(2) If the Planning Commission finds that the proposed Major Subdivision conforms to all of the criteria set forth in Section 20-804(d), the Planning Commission shall approve the Preliminary Plat.
(3) If the Planning Commission finds that the proposed Major Subdivision fails in any way to conform to the standards set forth in this paragraph, the Planning Commission shall, by motion, deny approval to the proposed Preliminary Plat and shall state in the motion the reason(s) for that denial.
(4) The Planning Director shall give written notice to the Subdivider of the action of the Planning Commission. If the Preliminary Plat has been disapproved, or conditionally approved, the notice shall specifically state the ways in which the Major Subdivision or the Preliminary Plat fails to conform to these Subdivision Regulations.
(5) If the deficiency or other reason for denial can be cured through action of the Applicant, the Applicant may submit a revised application and Preliminary Plat within 60 days after receipt of the written notice and shall not be required to pay a further fee. In case of a resubmission, the Planning Commission shall consider the resubmitted application at the next meeting occurring at least 21 days after receipt of the complete resubmission by the Subdivider.
(6) If the Planning Commission fails to act on the Preliminary Plat within 60 days of the date of their first meeting occurring after the receipt of a Preliminary Plat, determined to be a complete application by the Planning Director, the Subdivider may, by letter, apply to the Planning Director for a “Certificate of Deemed Approval”. If the Planning Director finds that a complete application was received at least 60 days before the date of the letter and that no action has been taken by the Planning Commission, the Planning Director shall issue a “Certificate of Deemed Approval” indicating that “this Preliminary Plat shall be deemed approved due to a failure of the Planning Commission to take timely action in accordance with Kansas Statutes Annotated §12-752(b).”
(1) A Preliminary Plat may, at the option of the applicant, contain a proposed schedule for submitting Final Plat applications in phases. The Planning Commission may approve the proposed phasing plan if it finds that:
(i) The area represented by each proposed phase is of sufficient size to permit the economical installation of Public Improvements;
(ii) All parts of the necessary public and private improvements plans to serve the Major Subdivision will be provided concurrently with the phase which will first be served by those improvements or part thereof, or with an earlier phase; and
(iii) That the application for the last phase of the Final Plat will be due no later than the end of the fifth year after approval is given for the Preliminary Plat.
(1) Approval of the Preliminary Plat by the Planning Commission shall constitute approval of “the Plat” for purposes of Kansas Statutes Annotated §12-752(b), subject only to the following:
(i) Submission of a Final Plat, in the form and containing all of the information required by 20-812(b). The Final Plat shall be consistent with the Planning Commission’s approval of the Preliminary Plat, including satisfying any conditions imposed on that approval;
(ii) Completion of Street/Roads, roads and Public Improvements required by the terms of the approval of the Preliminary Plat, or provision of satisfactory Guarantees of Completion of Improvements, in accordance with 20-811(g)(8);
(iii) Development of Building Envelopes and drainage plans consistent with these Building Envelopes; and
(iv) Acceptance (or rejection) of all proposed Dedications by the Governing Body.
(1) A Preliminary Plat that has been approved by the Planning Commission shall be submitted to the Governing Body, as applicable, for its consideration of acceptance of the Dedication of Street/Roads and other public ways, service, and utility Easements and any land dedicated for public purposes.
(2) The Governing Body shall accept or refuse the Dedication of land for public purposes within 30 days after the first meeting of
the Governing Body following the date of the Preliminary Plat’s submission to the Clerk of the
appropriate Governing Body.
The Governing Body may defer action for an additional 30 days for the
purpose of allowing for modifications to comply with the requirements
established by the Governing
Body. No additional filing review and
recording fees shall be assessed during
that period.
(3) If the Governing Body defers or refuses these Dedications, it shall advise the Planning Commission of the reasons thereof. When the Subdivision is located partially within both the City and Unincorporated Area of Douglas County, the Plat shall be submitted to both Governing Bodies for acceptance of Dedications and Easements.
(4) Failure of the Governing Body of the city or of the county to accept affirmatively a Dedication shown on the Preliminary Plat shall be deemed to be a refusal of the proposed Dedication.
(5) The respective Governing Bodies maintain full legislative discretion to reject any proposed Dedication, regardless of the approval of the Preliminary Plat. If the Governing Body rejects part or all of a proposed Dedication, the Subdivider may amend the Preliminary Plat and resubmit it for consideration by the Planning Commission without the rejected Dedication; if the Subdivider takes no action within 60 days of the rejection of any proposed Dedication, it shall constitute failure of a material condition of the approval of the Preliminary Plat and the Preliminary Plat shall be deemed to have been rejected.
(1) Approval of a Preliminary Plat by the Planning Commission shall expire on the later of the following:
(i)
one year eighteen months from the date approval was
granted, unless a complete application for Final Plat is submitted by that
approval date; or
(ii) Any application due date as shown on an approved phasing schedule, unless a complete application for Final Plat is submitted by that due date.
(2) Upon application by the Subdivider, the Planning
Commission may, if the cause of failure
of the Subdivider to submit a Final Plat is beyond the Subdivider’s control,
grant an extension of the time beyond this period, for a period not to exceed an one additional
one year.
(3) If a Preliminary Plat expires under this sub-section
after one or more Final Plats for a phased subdivision have been approved, then
only that portion of the Preliminary Plat that relates to the phases with
respect to which no Final Plat has been approved shall expire. If a Final Plat has not been submitted, approved, and filed within this one-year eighteen
month period, or within an extension period, a Preliminary Plat must be resubmitted to the Planning Commission, reviewed and considered by the Planning Commission
in accordance with the procedures set forth herein.
The Subdivider may initiate review of the Final Plat at any time after approval of the Preliminary Plat by the Planning Commission, including satisfaction of all conditions of Preliminary Plat approval. The Final Plat shall be processed in accordance with the provisions of 20-809(l) and 20-804(k):
(1) The Final Plat shall be submitted with an application form provided by the Planning Director. The application shall contain all of the materials required by Section 20-812(b), as well as any additional materials required by the application form provided by the Planning Director.
(2) The Final Plat application shall be accompanied by all required fees, including the fees necessary for recording the Final Plat; and
(3) The Final Plat shall be in the format and contain the information required by Section 20-812(b), except that the Subdivider, at the Subdivider’s discretion, may delay submission of the recording and electronic copies of the Final Plat until final action on the Final Plat by the Planning Director and, if applicable, by the Governing Body.
(1) After approval or approval with conditions of a Preliminary Plat by the Planning Commission, the Subdivider shall have prepared for recording a Final Plat, which is consistent with the action of the Planning Commission and with the formatting and content requirements of Section 20-812(b). The Planning Director shall review the Final Plat for incorporation of the Planning Commission’s recommendations and comments and to insure that the Final Plat is in the required format.
(2) If the Planning Director finds that the submitted Final Plat conforms with the content requirements of Section 20-812(b) and is consistent with the Preliminary Plat approved by the Planning Commission, including satisfying any conditions incorporated in that approval, the Planning Director shall approve the Plat and attach to it a formal certification that the submitted Final Plat:
(3)
If the Planning Director finds that the submitted Final Plat is deficient as to format or content or otherwise technically
deficient, the Planning Director shall notify the Subdivider of the deficiency(ies) within 3 five (5) working days.
(4) If the Planning Director finds that the submitted Final Plat does not substantially comply with the approved Preliminary Plat, including any conditions incorporated in such approval, and with the Dedications shown on the Preliminary Plat and accepted by the appropriate Governing Body, the Planning Director shall place the Final Plat on the agenda of the next Planning Commission meeting for further consideration in accordance with the Preliminary Plat review and action provisions of Section 20-804(e)(2).
(5) The Planning Commission approval of the Preliminary Plat, combined with the Planning Director’s approval as to form and consistency with the approved Preliminary Plat, shall constitute Planning Commission approval of the Final Plat. No further action by the Planning Commission shall be necessary or required.
If the Planning Director has approved and certified the
Final Plat in accordance with Section 20-809(l), the Planning Director within two
five (5) working days of receipt
of the recordable copies of the Final Plat, shall submit the Final Plat to the
Chair of the Planning Commission and to the Mayor or Chairperson of the Board
of County Commissioners, as applicable, for signatures. Each of these persons
shall, if he or she accepts the certification of the Planning Director, sign
the Final Plat, including the “Acceptance of Dedications” certificate; if any
of these persons refuse to sign the Final Plat, he or she shall refer the Final
Plat to the Planning Commission for consideration at its next meeting in
accordance with the requirements of Section 20-804(e)(2), together with a
memorandum explaining the reasons why such person refused to sign it.
(1) After all signatures have been obtained, the Planning Director shall forward the recordable copy of the Final Plat to the Register of Deeds for recording. The recorded version of the Plat shall bear the endorsements herein provided (see Section 20-812(b)(2)) including the endorsement by the Governing Body accepting the Dedications.
(2) Upon approval and acceptance of all Final Plats that create new Street/Roads, if in the Unincorporated Area of Douglas County, Kansas, detailed Street/Road plans shall be submitted to the County Engineer and, if in the City, detailed Street/Road plans shall be submitted to the City Engineer for approval prior to filing of the Plat, and these plans shall include the following:
(i) plan, profile, ditch grades, and cross-sections of all Street/Roads, Alleys and other public ways; and,
(ii) drainage areas and size and length of cross-road drainage Structures.
(3) Prior to the Final Plat being recorded with the Register of Deeds, a digital version of the Plat shall be submitted to the Planning Director in a format approved by the Director of Planning. The digital file shall be registered to the State Plane Coordinate Grid System used by the city and county. Any Final Plat not submitted in a digital format will be converted by the City or County, and the cost for conversion will be paid by the Applicant before the Plat can be recorded at the Register of Deeds.
(4) Errors found in closure shall be corrected prior to filing the Final Plat.
(5)
Approval of a Final Plat by the Planning
Commission and acceptance of Dedications by the appropriate Governing
Body shall be effective for no more
than one year eighteen
months from the date of acceptance
unless all conditions of approval have been completed.
All Subdivisions shall comply with the Design and Improvement Standards of this section and 20-810(j).
(i) Lots shall be laid-out and designed to comply with all applicable zoning district regulations. The size, width, depth, shape, and orientation of each Lot in a Subdivision shall also take into consideration Topography (steepness of slope and gradient), physical features, type of use contemplated and effect on adjacent Lots.
(ii) Lots for commercial and industrial use shall be of size and arrangement to allow for off-Street/Road parking and loading facilities.
(iii) Double-Frontage and reverse-Frontage Lots shall be avoided except where they are necessary to provide for the separation of residential Development from Collector and Arterial Street/Roads or to overcome or take advantage of specific disadvantages of steep Topography and orientation. A planting screen Easement of a minimum 20 feet, with or without a berm, shall be provided along the portion of the Lots abutting such an Arterial Street/Road if required by the Planning Commission.
(iv) Corner Lots shall be a minimum of 20 percent wider than interior Lots to allow for appropriate building setbacks and sufficient yard space.
(v) Any Lot that is not rectangular or that has a single dimension of less than 55 feet shall show the Building Envelope permitted under the current Zoning District regulations; a note to such Building Envelope filed on a separate document in the Planning Department shall identify the applicable Zoning District and the date of the Zoning provisions on which the preparer has relied in designating the Building Envelope.
(vi) Lawrence Residential
lots shall not be created where the width at the street right-of-way line is
less than 75[.3] % of the depth
of the lot except where the established neighborhood pattern would support a
lesser percentage or the lot frontages
onto a cul-de-sac.
Whenever an area is divided into Lots
with a lot area of one acre or greater, and there is a possibility that such Lots may eventually be re-subdivided into smaller Lots, consideration shall be given to the Street, and Lot
arrangement of the original Subdivision so that
additional Streets can be opened later to
permit a logical arrangement of smaller Lots. In the City Lawrence and
in the Urban Growth Area, provision for Easements
for the future opening and extension of such Streets
and for gravity sewerage and stormwater drainage shall, upon recommendation of
the Planning Commission and approval of the applicable Governing
Body, be made a condition of Plat
approval.
All Lots shall have Frontage on a public Street except that:
(1)
Private Streets may only be approved as part of a Planned Unit Developments and are not allowed in the unincorporated area
of the County; and,
(2)
Joint-Use Driveways in Lawrence with
a minimum paved width of 24 feet may be approved as part of the Subdivision approval process for campus-like commercial or industrial Developments (e.g., shopping centers, industrial/business parks), if there is a
city or county-approved easement of record ensuring perpetual access to the
Joint-Use Driveway by all Lots with Street Frontage and providing for
the perpetual ownership, continuance and maintenance of the Joint-Use Driveway. Joint-Use Driveway approaches serving residential uses may
only be approved with the filing of an instrument for joint maintenance of the
driveway approach area and only when individual driveways are separately
maintained beyond the Street right-of-way line. Joint-Use Driveways are not permitted in the unincorporated area of
the County.
(3) Joint-Use Driveway shall not be considered as parking or loading space or as an aisle for access to individual parking spaces in computing conformance with the parking requirements of the Zoning Ordinance.
(4) An alley may provide the primary vehicular access to one or more Lots in a subdivision, provided that each such Lot shall have Street Frontage on a Public Street. Alley access is particularly appropriate where the Street Frontage for the Lot is on a Collector Street.
(5) Joint use access points may be approved within Lawrence or the unincorporated area of the County when located wholly within the dedicated public street right-of-way or public road easement.
The lengths, widths, and shapes of Blocks shall be determined with due regard to:
(i) Limitations and opportunities of Topography and other physical features such as utilities, floodplains, wetlands and natural storm drainage patterns;
(ii) Provision of building sites adequate for the special needs of the type of use contemplated and adequate storm drainage from each lot, such as provisions of swales between lots;
(iii) Zoning requirements as to Lot sizes and dimensions; and
(iv) Need for convenient access, circulation, and control of Street traffic for safety.
Block length for Local Streets within the
City or Urban Growth Area Lawrence shall not
exceed 800 feet in length (centerline to centerline of Streets)
unless the Subdivider demonstrates to the
satisfaction of the Decision-Making Body that:
a. There are pedestrian connections at intervals of 700 feet or less, replacing the connection that would exist as a sidewalk along the Street; and
b. The proposed Block must be greater than 800 feet in length because physical conditions preclude a Block length of less than 800 feet. Such conditions may include, but are not be limited to, Topography or the existence of natural resource areas such as wetlands, Floodplains, wildlife habitat areas, steep slopes or woodlands.
[Reserved]
Block length for Local Streets within the Rural Area shall not
exceed 1,320 feet in length (centerline to centerline of Streets) unless all
rights-of-way for continuation of all Streets shown on the Major Thoroughfare
Map are dedicated or reserved for future development and the Subdivider
demonstrates to the satisfaction of the Decision-Making Body that a Block must
be greater than 1,320 feet in length because physical conditions preclude a
Block length of less than 1,320 feet. Such conditions may include, but are not
limited to, severe topography or the existence of natural resource areas such
as wetlands, Floodplains, wildlife habitat areas, steep slopes or woodlands.
A residential Block shall have sufficient width to allow for two tiers of Lots of appropriate depth unless it adjoins a limited-access Street, Collector Street, Arterial Street, railroad or other nonresidential use, in which case it may have a single tier of Lots that exceed the minimum lot width required in the zoning district.
Blocks may be
irregular in shape, provided their design meets the requirements of Lot standards, traffic flow and control
considerations and any adopted Area
Plan watershed/sub-basin
plans, sector or neighborhood Plan.
(i)
Local Streets within the City or Urban Growth Area Lawrence should
be less than 1,320 feet in length. Local Streets exceeding 800
feet in length shall include traffic calming devices, shown in an adopted City
of Lawrence Traffic Calming Policy document, at intervals not exceeding 400
feet.
(ii)
All Streets within Subdivisions shall be laid-out, arranged and designed in
accordance with any adopted Area Plan watershed/subbasinplans, sector or neighborhood
Plan or, in the absence of such a plan, with all
applicable Street Layout and Design standards of this Article.
(iii) Arterial and Collector Streets shall be laid-out, arranged and designed in accordance with any adopted Major Thoroughfares Plan or corridor plan.
(iv) Subdivisions shall provide a logical Street layout in relation to topographical conditions, public convenience, safety and the proposed use of the land to be served by such Streets.
(v)
At time of Preliminary Plat approval, the full right-of-way for all boundary line and full purpose maintenance roads shall be annexed to
the City.
(i) Every subdivision shall provide for at least one street connection to each adjacent subdivision or future adjacent subdivision. Any existing or Platted Street that terminates at the boundary line of a proposed Subdivision shall be continued into the subject Subdivision in such a manner as to provide Street connections to adjoining lands and Streets within the subject Subdivision or, in the case of a local Street, may be terminated in a cul-de-sac.
(ii) Streets shall provide for Street connections to adjacent undeveloped land in accordance with the adopted Major Thoroughfares Plan.
(iii)
No new Subdivision shall be approved in which more than fifty thirty-five (35) residential Lots
or potential residential dwelling units, or more than 25,000 square feet of nonresidential
space will have access to the public road system via a single outlet to the
arterial and collector Street system as shown on the adopted Major
Thoroughfares Plan.
[Diagram that was here was deleted.]
(i) Local Streets generally should not intersect Arterial Streets. The Planning Commission, with the advice of the City Engineer, may approve a new connection of a Local Street to an Arterial Street where it finds that such connection is part of the best traffic solution for the new subdivision and where the Subdivider will add turn lanes or other improvements recommended by the City Engineer to the Arterial Street to minimize the impact of the connection on the functioning of the Arterial Street.
(ii) Local Streets intersecting opposite sides of another Local or Collector Street when offset shall be offset 300 feet or more.
(iii) Streets shall intersect as nearly as possible at right angles.
(iv) Not more than two Streets shall intersect at any one point.
(v) Residential connector Streets shall be designed within neighborhoods to connect to these neighborhoods’ service areas. These residential connector Streets shall have sidewalks on both sides.
All platted Subdivisions
lying within the City or Urban Growth Area Lawrence shall
comply with the following cross-section standards:
|
Street Type |
Right-of-Way |
Roadway |
Sidewalks (See §20-811(c)) |
||
|
Min. Width (feet) |
Min. Width (feet) [1] |
Paving |
Curb and Gutter |
|
|
|
Principal Arterial |
150 |
* |
Required |
Required |
Both Sides |
|
Minor Arterial (3 lane) |
100 |
40 |
Required |
Required |
Both Sides |
|
Collector |
80** |
36 |
Required |
Required |
Both Sides |
|
Local or Residential Collector |
60 |
30 |
Required |
Required |
Both Sides |
|
Local |
60 |
27 |
Required |
Required |
Both Sides |
|
Limited Local |
50 |
22 |
Required |
Required |
Both Sides |
|
Cul-de-sac *** |
60** |
22 |
Required |
Required |
Both Sides |
[1] Measured from back of curb to back of curb.
[2] Includes limited access routes.
* As directed by the City Engineer
** Additional r-o-w may be necessary at Intersections
***Paved bulb with 50’ radius is required
All residential Developments and nonresidential Subdivisions within the Rural Area shall comply with the following minimum cross-section standards:
|
Street Type |
Right- of-Way |
Roadway |
Sidewalks (See §20-811(c)) |
|||
|
Min. Width (feet)* |
Min. Width (feet) [1] |
Traveled Way Paving |
Min. Shoulder Width |
Shoulder Paving |
||
|
Principal Arterial (w/ median) |
150 [2] |
** |
Required |
** |
Required |
(See §20-811(c)) |
|
Principal Arterial (w/o median) |
120 |
40 |
Required |
8 |
Required |
(See §20-811(c)) |
|
Minor Arterial |
100 |
36 |
Required |
6 |
Required |
(See §20-811(c)) |
|
Major Collector |
80 |
32 |
Not Required |
4 |
*** |
(See §20-811(c)) |
|
Minor Collector |
70 |
28 |
Not Required |
2 |
*** |
(See §20-811(c)) |
|
Local |
70 |
24 |
Not Required |
2 |
*** |
(See §20-811(c)) |
[1] Measured from edge of pavement to edge of pavement.
[2] Includes limited access routes.
* Right-of-way shall be sufficient to include top of ditch backslopes; may be variable
** Shall meet latest AASHTO geometric tabular design standards or tabular standards,
whichever is greater.
*** Shoulder surface type shall match traveled way surface type, unless otherwise approved
by the County Engineer
The finished grade for all Streets shall be at or above the Base Flood Elevation. The grades of Streets shall comply with the following standards:
|
Street Type |
Maximum Grade (%) |
Minimum Grade (%) |
|
Arterials (Principal and Minor): |
|
|
|
City or Urban Growth Area |
5 |
1.0 |
|
Rural Area |
5 |
1.0 |
|
Collector (Major or Minor) |
9 |
1.0 |
|
Marginal Access |
10 |
1.0 |
|
Local |
10 |
1.0 |
Note: The City or County Engineer, as applicable, shall be authorized to approve minor deviations for short distances from these grade standards when it is determined that compliance with these standards is impracticable.
The minimum radius of curvature of the centerline of Arterial and Collector Street shall be as follows:
|
Design Speed (MPH)* |
Minimum Curvature Radius (feet)* |
Minimum Tangent Length (feet)* |
|
20 |
125 |
75 |
|
25 |
205 |
100 |
|
30 |
300 |
150 |
|
35 |
420 |
200 |
|
40 |
565 |
250 |
|
45 |
730 |
250 |
|
50 |
930 |
250 |
|
55 |
1,200 |
250 |
(i) Cul-de-sac lengths shall not exceed 10 times the required minimum Lot Width of the base zoning district or 1,000 feet,(1320 feet if rural) whichever is less. A Cul-de-sac’s length shall be measured from the center point of the Cul-de-sac bulb or turn-around to the centerline of the right-of-way of the nearest intersecting Through Street.
(ii) Maximum Cul-de-sac length may be increased by up to 25% above the maximum allowed by Section 20-810(7)(i) during the Subdivision approval process if the Decision-Making Body determines that the proposal meets all of the following criteria:
a. It is impracticable to connect the Street to another Street or to provide a second means of access that would avoid the Cul-de-sac or allow the Cul-de-sac to meet the Cul-de-sac length limit because:
1. The area is separated from other parts of the Subdivision or a possible Street connection by Floodplains, wetlands, steep slopes greater than 10% or other natural resource areas, making it impracticable to provide the area a second means of access that would avoid the Cul-de-sac or allow the Cul-de-sac to comply with the maximum Cul-de-sac length limit (e.g., by providing a loop Street into the area instead of the Cul-de-sac, or extending the Cul-de-sac to connect to another Street), and
2. Other properties adjoining the area have already been subdivided or developed in a manner that precludes connecting the Cul-de-sac to an existing or proposed Street, or the area is so separated from adjoining properties providing potential access by Floodplains, wetlands, steep slopes or other natural resource areas thereby making it impracticable to extend or connect the Cul-de-sac to the adjoining properties; and
b. Use of Cluster Housing provisions of this Development Code would not reasonably allow compliance with the Cul-de-sac length limit of Section 20-810(d)(7) and realization of at least 75 % percent of the maximum Lot density allowed by the site’s base zoning; and
c. The degree of increase in allowable Cul-de-sac length is the minimum necessary to allow the above findings.
d. The Subdivider bears the burden of demonstrating that all criteria have been met.
(iii) All Cul-de-sacs shall have a minimum right-of-way radius of 60 feet.
(iv) In Subdivisions with Cul-de-sacs, Easements may be required to ensure that the water supply system is looped.
(v) If a Cul-de-sac is longer than 600 feet, the subdivision shall include Pedestrian Right-of-Way Easements at the terminus of the Cul-de-sac to provide pedestrian connections to and from the Cul-de-sac, in accordance with 20-810(f)(4)(iii).
(vi) Streets longer than one Lot that terminate at the property boundaries of undeveloped land shall provide an improved temporary Turnaround.
(i) Whenever right-of-way for one-half of a Street has been dedicated to bring that Street to then-current standards, regardless of whether that half of the Street has been improved, and a subdivision of land adjoining the other half of the Street is proposed, the remainder of the right-of-way shall be dedicated and improved by the Subdivider.
(ii) New Half-Streets are prohibited, except when the Decision-Making Body determines that a Half-Street is the only means of accommodating reasonable Development of the proposed Subdivision and adequate assurances in accordance with Section 20-811(h)(2) are provided that the remaining portion of the Half-Street will be dedicated and improved.
(iii) Lots abutting on Half-Street that take sole access from that public right-of-way shall be designated as non-buildable (on the Plat) until the remainder of the Street is dedicated and improved. No building permits shall be issued for Lots with access only to a Half-Street until the entire remainder of the Street right-of-way between the two nearest intersecting Streets and passing in front of the subject lot(s) is dedicated and improved.
(i) Private Roads are prohibited in the Unincorporated Area of Douglas County, except for those that were approved prior to December 15, 1998.
(ii)
New Private Streets
in the City are permitted only in Planned Unit
Developments approved by the Planning Commission and Governing Body City
Commission.
(iii)
Before Douglas County will consider a request to assume maintenance of any existing Private
Street, by Dedication or otherwise, the property must be platted
and the Street or road must be brought into compliance with all
applicable Street Road
and right-of-way standards.
(i) Alleys shall be provided in commercial and industrial districts, except that the Governing Body may waive this requirement where other definite or assured provisions are made for service access, off-Street loading and unloading and parking spaces consistent with and adequate for the uses proposed.
(ii) Alleys shall have a minimum right-of-way width of 20 feet.
(iii) Alleys shall comply with the construction standards of the city and/or county, as provided in these regulations.
(iv) Intersecting Alleys shall be prohibited except when no feasible alternative exists. When Alley Intersections are unavoidable, a turning radius shall be provided to permit safe vehicular movement.
(v) Dead-End Alleys shall be prohibited. When such Alleys are necessary to serve dock areas, they shall be designed with adequate turn-around facilities.
(i)
Street names shall be proposed by the Subdivider, reviewed by the Public Works Department, and approved by the appropriate Governing Body
City Commission. The approval of Street names shall
be within the legislative discretion of Governing Body City
Commission.
(2) , subject to the following standards:
(i) Compass directions shall not be used as part of Street names;
(ii)
The identifiers “Street”, “avenue”, “court, “terrace,” and “place” shall be used only in
accordance with the respective definitions of those terms., as set forth in Section 20-815(b).
(iii) Streets that run in an east – west direction shall be named as numbered Streets.
(3) Existing Street names shall be used where the Street to be named is, or would be, a logical extension of an existing Street even though separated by undeveloped land, natural physical barriers or man-made obstructions.
(4) Where a proposed Street is shown on an adopted Major Thoroughfares Plan and such plan indicates a name for that Street, that name shall be used.
(5) Lot numbers shall be assigned by starting in the northeast corner of each Block and proceeding in a counterclockwise direction. When a Street separates a group of Lots, a new Block shall be identified, and the Lots within the new Block shall be numbered as herein specified.
(6) House numbers assigned to lots within the Urban Growth Area shall continue the numbering pattern of the house numbers in the city it is adjacent to.
Permanent utility Easements shall be provided where necessary to accommodate utilities that will serve the Subdivision. Permanent utility Easements shall be provided where necessary to allow for utility service in and through the proposed subdivision. Where such an Easement is necessary, it shall be centered on rear or side Lot Lines, as applicable, and shall be at least 30 feet and 10 feet wide respectively, except that Easements for Street lighting purposes only need not exceed 10 feet in width.
Temporary utility Easements shall be provided where necessary to accommodate the installation of utilities that will serve the Subdivision. Temporary utility Easements shall be centered on rear or side Lot Lines and shall be at least 30 feet and 25 feet wide respectively. The temporary utility Easement shall expire after the initial installation of the required utilities. After the expiration of a temporary utility Easement, the permanent utility Easement will govern.
Drainage Easements for water courses, drainage Swales or streams which traverse a Subdivision may be required. Drainage Easements shall be exclusively for that use and separate from the Dedication of other utility Easements. Upon the request of the Planning Commission, the City or County Engineer, as applicable, shall make recommendation to the Planning Commission regarding the desired width of the Drainage Easement. Such study and report shall be based on the 100-Year Flood depth (if known), or the Regulatory Flood Elevation when provided by the Federal Insurance Administration.
(i) It is the goal of the City to ensure that the pedestrian circulation system within the City and within the Urban Growth Area forms a complete and effective network that includes, but is not limited, to sidewalks along Streets. In particular, it is the goal of the City to ensure that people have efficient and relatively direct pedestrian access between their places of residence and:
a. Nearby elementary schools;
b. Nearby parks and recreation facilities;
c. Other public facilities, such as libraries and community centers;
d. Adjoining neighborhoods or subdivisions, regardless of whether there are direct Street connections between the neighborhoods and/or subdivisions;
e. Any nearby shopping or service centers;
f. The nearest Arterial or Collector Street with a bus route; and,
g. Any nearby access point to a trail or greenway system.
(ii)
In furtherance of
that purpose, Pedestrian Right-of-Way Easements shall be required when Block
lengths for Local Streets exceed 800 feet in length. Such Easements shall
extend entirely across the width of the Block at approximately the midpoint of
the Block. Pedestrian Right-of-Way Easements shall have a minimum width of 16
12 feet. The Planning Commission may waive this requirement where, due to
topography or physical barriers, the Pedestrian Right-of-Way would not form a
logical part of the larger pedestrian circulation system.
(iii)
Also in furtherance
of that purpose, additional Pedestrian Right-of-Way Easements should be required within
the City and Urban Growth Area to provide pedestrian connections from a
Subdivision to schools, parks, shopping, employment or other nearby uses and to
link pedestrian routes in adjacent Subdivisions or neighborhoods, including a
pedestrian connection at the terminus of each Cul-de-sac. Pedestrian-Way
Easements shall have a minimum width of 20 12 feet.
(iv)
The responsibility
for paving the pedestrian way shall be the developers, and these pedestrian
ways shall be constructed concurrent with the paving of the most adjacent
Roadway, unless otherwise provided by the Governing
Body City Commission,
in acting on the final plat. The responsibility for maintenance of the
pedestrian way shall be that of adjacent property owners or the homeowners
association for the subdivision.
The Planning Commission shall encourage or require the donation, reservation, or Dedication of sites for parks, open space, schools and other public facilities in accordance with the Comprehensive Plan for Parks and Recreation in the amount of 5 percent of the total land area of a residential subdivision plus $600 per lot for each single family dwelling Lot.
Land within a Floodplain Overlay District shall be subject to the Flood Protection Standards of Article 12 and to the comparable provisions adopted by the Board of County Commissioners for the Unincorporated Area of Douglas County.
(1) Subdivisions shall be designed to preserve natural resources and environmentally sensitive areas, such as streams, wetlands, prominent natural geographic features, and stands of mature trees. See Section 20-1101(c)(2)(iii) b., which requires that development of lands containing more than 5 percent defined sensitive lands can be developed only through a Cluster Development or a Planned Unit Development. Section 1101(c)(3) requires that certain sensitive lands be dedicated, included in private open space or otherwise preserved through development design. Note also that Section 1101(c)(4) may limit the achievable density of developments containing specified sensitive lands.
(2)
Subdivisions shall
be designed to preserve archaeological and historical sites. See Section
20-1101(c)(2)(iii) b., which requires that development of lands containing more
than 5 percent defined lands, which include archaeological and historic sites, can be developed
only through a Cluster Development or a Planned Unit Development.
Section 1101(c)(3) requires that certain archaeological and historic lands be
included in private open space or otherwise preserved through development
design. Note also that Section 1101(c)(4) may limit the achievable density of
developments containing archaeological and historic sites.
(1) Residential Developments and non-residential Subdivisions shall be designed to protect and conserve through the dedication of conservation easements, natural resources and environmentally sensitive areas. These include Floodways, based on the FEMA’s one-hundred year storm; Floodplains, based on the FEMA’s one-hundred year storm; jurisdictional wetlands; stream corridors; prominent natural geographic features with rocky outcroppings; and, stands of mature trees or individually significant mature trees.
(2) Residential Developments and non-residential Subdivisions shall be designed to protect and conserve through the dedication of conservation easements, archaeological and historical sites.
Soils shall be identified based on the Soil Conservation Survey soils categories and characterisics. Soils test shall be obtained to verify sub-surface soil characteristics for rocky or unstable soil types, when requested by the City Engineer, for areas proposed to be dedicated for public rights-of-way and public easements.
All Public Improvements, including but not limited to Streets, curbs, gutters, storm sewers and storm drainage, roundabout, pedestrian facilities, traffic calming devices or traffic control devices shall comply with the construction standards established by the City Engineer or County Engineer, as applicable. Such standards are incorporated herein by reference.
In the Unincorporated Area of Douglas County, at or before the time of construction of public improvements, sufficient grade and alignment stakes shall be set by a licensed land Surveyor, engaged by the Subdivider to assure compliance with plan, profile and drainage of Streets and such other Public Improvements as are proposed and submitted with the Final Plat and approved by the County Engineer. Compliance with the items listed above and use of appropriate construction methods shall be determined by the County Engineer. A permit shall be issued by the County Engineer for the construction of a future public improvement prior to commencement of any work activity associated with the improvement. A fee in an amount set by Resolution of the County Commission shall be charged for the permit. This sub-section (2) shall apply only to subdivisions in which the complete lot pinning required by Section 20-811 (g)(8) has not been completed at the time that the first public improvements are installed.
Compliance with the items listed above and use of appropriate construction methods shall be determined by the County or City Engineer, as applicable. A permit shall be issued by the County or City Engineer, as applicable for the construction of a future public improvement prior to commencement of any work activity associated with the improvement. A fee in an amount determined by resolution of the Governing Body shall be charged for the permit.
Subdivision Streets located within the incorporated city limits shall be constructed to comply with standards adopted by the City of Lawrence.
Subdivision Streets located within the Urban Growth Areas shall be constructed to the Street and road
standards of the City of Lawrence that established the Urban
Growth Area.
Subdivision roads located within the Rural Area shall be constructed to the higher of the following standards:
(i) Road standards adopted by the Township(s) in which the road is located;
(ii) Standards specified on an adopted Major Thoroughfare Map;
(iii) Other adopted County standards applicable to a road of the classification and/or location of the proposed road; or
(iv) At a minimum, adopted Douglas County rock Roadway standard.
Wherever a proposed Subdivision contains or is adjacent to
a limited access Street; an Arterial Street; or a railroad right-of-way; the Decision-Making
Body appropriate Governing Body may shall require
the following for the protection for the integrity and subsequent safety,
efficiency and economy of the access, Arterial, or railroad right-of-way:
(i) Dedication of a Local Street to provide Ingress and Egress to and from such Blocks or Lots;
(ii) A Street approximately parallel to and on each side (where applicable) of such limited access Street, Arterial Street, or railroad right-of-way at a distance suitable for the appropriate use of the land between such Streets;
(iii) Reverse Frontage Lots with Access Control provisions along the rear property line; or
(iv) Adequate distance between such parallel Streets and the Arterial, limited access Street, or railroad so as to provide for proper approach grades and future grade separation.
Sidewalks and pedestrian ways shall be provided in the City of Lawrence and in platted subdivisions in the Urban Growth Areas in accordance with the standards of this sub-section (for Lawrence and the Lawrence UGA) or the applicable UGA city’s standards (Baldwin City, Eudora, or Lecompton):
(i) Public sidewalks shall be installed on both sides of all Streets, as follows:
|
Street Type |
Minimum Sidewalk Width (feet) |
|
Local |
5; Minimum width of 4 feet allowed in the Original Townsite Area |
|
Collector |
5 |
|
Arterial |
6; A designated 10’ Bicycle/Recreation Path on one side of the Street and a 6’ side walk on the other side |
(ii) Sidewalks shall be constructed in accordance with standards and specifications adopted by the applicable Governing Body.
(iii)
A Subdivider The Applicant for a Subdivision may request a waiver
of part or the entire requirement to install sidewalks. The Planning
Commission may make a recommendation on such waiver request, but final action
on the waiver request shall be by the Governing Body, as part of the Final Plat
review. If the applicable Governing Body takes no specific action on a
proposed waiver of part or all of a sidewalk requirement, the waiver shall be
deemed to be denied. In reviewing waiver requests from the standard sidewalk
width, special consideration shall be given to walks adjacent to Collector or
Arterial roads located in historic districts and areas with severe site
Topography which would make it impractical or difficult to build a sidewalk in
accordance with the above standards.
(iv) Sidewalks required to be constructed within the same right-of-way as the Street being paved shall be constructed concurrently with the paving of the adjacent Roadway.
(v) Where an approved Preliminary Plat (including a condition to such Plat) shows a pedestrian way other than a sidewalk, an improved pedestrian way not less than eight (improved) feet wide in Easement space dedicated for that purpose shall be provided by the Subdivider. Pedestrian Right-of-Way Easements shall be improved in accordance with adopted City construction standards to a width of 12 feet and shall conform to all accessibility requirements of the Americans with Disabilities Act. Completion of the improvement for any segment of such Easements shall not be required under the earlier of three years after approval of the Final Plat or three months after the issuance of the last Building Permit for a lot adjoining the segment; completion of such improvements shall be guaranteed in accordance with Section 20-811(g)(8).
(vi) Public Improvement Petitions shall include the construction of sidewalks or pedestrian ways, except where the appropriate Governing Body has specifically waived the installation as provided Section 20-810(f)(4)(ii) above. The total cost of all sidewalks or pedestrian way Improvements shall be borne by the property benefited in the improvement district.
The Planning Commission shall be
authorized to may recommend that
and the Board of County
Commissioners shall be authorized to require sidewalks in other Major Subdivisions when deemed necessary to provide for
safe pedestrian connections to nearby schools, parks, shopping, employment or
other uses or activities. See also the Pedestrian-Way Easement provisions of Section
20-810(f)(4).
(1)
On-Site Sewage
Management Systems are
prohibited on any land which is Platted under these regulations or created through an
administrative review procedure of these regulations and is
located in the City of
Lawrence or in Service Area 1 of
the Urban Growth Area of
Lawrence.
(2)
On-Site Sewage
Management Systems may be
permitted in the Subdivisions in Service Areas 2-4 of Lawrence’s Urban Growth Area, other City’s
Urban Growth Areas, or in Subdivisions in the Rural Area, subject to the following
minimum Lot area standards:
(i)
For Lots that use
well water as the primary Potable Water source, the minimum Lot area for an On-Site Sewage Management System use is 5 acres. Any land located within the Floodplain shall
not be counted in calculating Lot area for the purpose of meeting minimum Lot area requirements for on-site sewage management system use;
(ii)
For all other Lots,
the minimum Lot area requirement for an On-Site Sewage Management System use is 3 acres. Any land located within the
Floodplain shall not be counted in calculating Lot area for the purpose of
meeting minimum Lot area requirements On-Site Sewage Management System use;
(iii) No portion of an On-Site Sewage Management System shall be located within the FEMA designated floodplain; and,
(iv) Calculation shall not include land dedicated for rights-of-way or exclusive Easements.
(3) Community Sewage collection and treatment facilities (including lagoons) may be provided for subdivided or newly created Lots or parcels in the Urban Growth Areas or for any other newly created Lots not suitable for an On-Site Sewage Management System.
(i) Such systems shall be subject to approval by the Kansas Department of Health and Environment and shall be designed to allow for future connection to a public sewer system.
(ii) Maintenance of such facilities shall be provided by a Homeowner’s association, benefit district (if then permitted under Kansas law), or other appropriate entity. Evidence shall be submitted at the time of Subdivision approval showing the establishment of such an entity to be responsible for maintenance and management of the system.
(4)
In situations in
which an septic systems On-Site Sewage Management System has been proposed, no Subdivision shall
receive final approval until the Subdivider has presented evidence that septic systems the On-Site Sewage Management System, as a method of Sewage disposal for the Subdivision, have
has been
approved by the Douglas County Health Department.
(5) Where On-Site Sewage Management Systems are allowed under these regulations, they must be approved by the County Health Officer.
(6)
On-Site Sewage
Management Systems shall be
constructed in accordance with “Standards on Individual On-Site Sewage
Management System - Lateral Fields and Other Sewage Disposal Systems for the
Unincorporated Territory of Douglas County, Kansas,” Douglas County Sanitary
Code, October 1977, County
Sanitation Code, Resolution 97-48, and amendments thereto.
(1) Before approval of a Final Plat or Certificate of Survey which will not be served by the City of Lawrence utilities, the Subdivider shall provide written documentation to the Douglas County Health Department that a Publicly Treated Water supply is provided for all Lots.
(3) Subdividers are required to consult with the applicable Fire Department and Rural Water District to determine if the provision of Fire Hydrants as part of the Public Water supply system is feasible.
(i) In those cases where the provision of Fire Hydrants as part of the Public Water supply system is determined by the Fire Department and Rural Water District to be feasible, Fire Hydrants must be provided.
(ii) Where existing water pressure is insufficient for Fire Hydrants as part of the Public Water supply, or where there is no Publicly Treated Water supply, the Subdivider must install dry hydrants adjacent to a pond or other water storage device with sufficient capacity, and in an appropriate location, to support firefighting needs as determined by the applicable Fire Department.
(4) Evidence shall be submitted with the Final Plat showing compliance with the requirements of this section.
Telephone, cable television and electrical lines must be located underground when located in the City of Lawrence or Subdivisions in Lawrence’s Urban Growth Area. This requirement shall be noted on the face of the Plat. This provision shall not apply to high voltage electrical lines.
All Subdivisions within the City of Lawrence or Lawrence’s Urban Growth Area shall be required to provide a Master Street Tree Plan that meets the standards of this sub-section.
Street trees shall consist of canopy shade and/or ornamental trees, as defined below and meeting the following minimum requirements:
Medium or large trees, as defined by Section 18-103(E) of the Code of the City of Lawrence, Kansas, and amendments thereto, which can reach a mature height of 45 feet or greater are required except that ornamental trees planted pursuant to Section 21-708a.2 are not subject to the 45 foot height requirement. The minimum trunk caliper of Street trees, at the time of planting, measured six inches above the ground in accordance with the American Nurseryman Standards shall be as follows:
|
Street Tree Type |
Minimum Trunk Caliper (inches) |
Mature Height (feet) |
|
Canopy Shade |
2 (ball and burlap or equivalent) |
At least 45 |
|
Ornamental |
1.5 (ball and burlap or equivalent) |
No more than 20 |
One tree shall be provided for every 40 feet of Street Frontage. The City may approve a Master Street Tree Plan that varies from this requirement to allow for Driveways, utilities, and Intersection visibility requirements.
The following minimum requirements shall apply to all master Street tree plans. To prevent uniform insect or disease susceptibility, a mix of species shall be provided. The City Parks and Recreation Department shall, upon request, provide a list of trees that are acceptable to satisfy the requirements for master Street tree plans. To promote diversity in the urban forest, the number of trees required to be planted shall be in accordance with the following requirements:
|
Number of Trees per Plat |
Minimum Number of Species |
|
1–10 |
1 |
|
11–20 |
2 |
|
21–30 |
3 |
|
31–40 |
4 |
|
41+ |
6 |
Street trees shall be located in the front-yard, building setback and/or adjacent to the right-of-way at a distance not greater than ten (10) feet from the boundary line of the right-of-way. Street trees shall not be planted until after planned utilities have been installed. Trees shall be planted no closer than eight (8) feet from existing underground utility lines. On corner Lots, no tree shall be planted nearer than fifty (50) feet from the intersecting curb lines of the two Streets. No tree shall be planted between the curb and the sidewalk if the clear space is less than 3 feet wide.
Street trees shall be located either within the Street right-of-way or within the required front yard building setback, PROVIDED, no tree is located farther than 30 feet from the back of the curb, with the exception of Lots on the radius of a cul-de-sac which shall be located not greater than 45 feet from the back of the curb. Street trees shall not be planted until planned utilities have been installed. Trees shall be planted no closer than 8 feet from existing utility lines. On corner Lots, no tree shall be planted nearer than 50 feet from the intersecting curb lines of the two Streets. No tree shall be planted between the curb and the sidewalk if the clear space is less than 3 feet wide. [RE: Chapter XVIII of the City Code]
Street trees shall be evenly spaced along the Street Frontage unless one or more of the following conditions exist: a) the Lot is on a corner; b) the presence of existing trees, which qualify for credit under Section 20-811(g)(5), interrupt the even spacing of trees; c) topographic conditions (i.e. steep gradient, rock outcroppings), based on Planning Staff evaluation, dictate building location and Driveway placement which interrupts the even spacing of Street trees.
If the planting site will prevent the growth of canopy shade trees due to overhead utility lines, ornamental trees shall be permitted as a substitution for the canopy shade trees in accordance with the Location and Clustering requirements of this Section and shall be subject to the following requirements: a) the canopy of the ornamental tree(s) shall be no closer than 10 feet from the overhead lines and its mature height shall not exceed 20 feet; and; b) the ornamental tree(s) shall be planted at least 15 feet away from any Street light.
Lots on cul-de-sacs that have a Street frontage of 45’ or less shall be required to provide only one Street tree per lot.
(i) A proposed written Master Street Tree Plan shall be submitted at the time a Final Plat is submitted to the Planning Department for review.
(ii) Prior to recording the Final Plat with the Register of Deeds, the Applicant shall provide a Master Street Tree Plan that is signed and properly acknowledged by the property Owner(s). The Master Street Tree Plan shall be written to be binding on present and future property Owners. A reference line shall be provided on the Final Plat indicating the book and page where the Master Street Tree Plan is filed which shall be completed by Planning Staff at the time the Final Plat is filed at the Register of Deeds.
(iii) The Master Street Tree Plan shall be prepared in a format established by the Planning Department and shall include the following information: (a) a list of acceptable Street tree types; (b) the number, location and size of existing trees proposed to be saved and applied to the fulfillment of this requirement; (c) the provisions to be taken pursuant to Section 18-107 of the Code of the City of Lawrence, Kansas during construction for the protection of existing trees to be saved (if any); (d) if trees are proposed in Street medians, provisions for maintenance (including how water line extensions will be paid); and (e) the identification of power line locations.
(i) Each Final Plat filed on and after January 1, 2003, for detached or attached single family residential Structures to be built on individual Platted Lots in a City residential Subdivision in RS zoning districts shall contain the following note on the face of the Final Plat: “The City is hereby granted a temporary right of entry to plant the required Street trees pursuant to Section 20-811(g) of the City Subdivision Regulations.”
(ii) For Final Plats filed before January 1, 2003, for detached or attached single family residential Structures to be built on individual Platted Lots in a City residential Subdivision in RS zoning districts, the property Owner of undeveloped Lots for which a city building permit has not been issued shall sign a consent form and submit it with the building permit application granting the City of Lawrence temporary right of entry to plant the required Street trees pursuant Section 20-811(g) of the City Subdivision Regulations.
Existing trees may be applied toward the fulfillment of this Street tree requirement when:
(i) All of the following conditions exist
a. The tree is healthy and of a species the Director of the Parks and Recreation Department or his/her designee determines to be desirable as a Street tree;
b. The existing tree is within the Street right-of-way or within 30 feet of the back of the curb or proposed curb line;
c. The tree(s) caliper of a canopy shade tree is at least four inches measured six inches from the ground, or in the case of an ornamental tree, the tree caliper is at least two inches, measured six inches from the ground, in accordance with the American Nurseryman Standards;
d. The Applicant has submitted a tree protection plan that conforms with the requirements of Section 18-107 of the Code of the City of Lawrence, Kansas, and amendments thereto, and
(ii) The existing or proposed location of overhead utility lines along the Street right(s)-of-way will not prevent the full growth of the Street tree.
(i) The timing of, and manner in which the Street trees shall be planted for detached or attached single family residential Structures to be built on individual platted lots in city residential subdivisions final platted in RS Zoning Districts filed on and after January 1, 2003, shall be in accordance with City Administrative Policy No. 83.
(ii)
The timing of, and
manner in which the Street trees shall be installed on those undeveloped Lots
for which the City has not issued a building permit for detached or attached
single-family residential Structures on individual Lots within existing Platted
Subdivisions in the RS and RM-D RM12D zoning districts filed before January 1, 2003, shall be in accordance with City Administrative Policy
No. 83.
(iii) For all other required Street trees not covered by (i) and (ii) above, and/or Developments requiring a site plan:
a. Trees shall be installed, after other Public Improvements, if water is available for their care and maintenance. The property Owner or his designee shall be required to guarantee planting of the tree at the time a building permit application is submitted.
b. Street trees shall be planted prior to final building inspection or the issuance of an occupancy permit. Consideration shall be given to seasons of the year and adverse weather conditions in requiring completion of tree planting PROVIDED, the guarantee for planting is extended to the date of completion of tree planting.
c. Guarantee shall be provided in the following form:
1.
A cash escrow
deposit in a federally insured commercial bank or savings and loan institution
authorized to do business in Kansas in an amount set forth in the City of
Lawrence Administrative Policy No. 83. This escrow deposit shall be invested
and reinvested by such bank or savings and loan, the interest or discount from
which shall be paid to the Subdivider upon final release of such escrow deposit
as determined by Section 21-702 20-811. Money will be withdrawn to pay the
Developer or a designated nursery after the installation of said trees and prior
to the issuance of a final certificate of inspection; or
2. The appropriate Governing Body, at its discretion, may accept an irrevocable letter of credit from a financial institution or a corporate surety performance bond in lieu of a cash escrow deposit to insure the planting of the required Street trees.
(i) Continuing maintenance of trees planted by the City shall be in accordance with the maintenance provisions set forth in City of Lawrence Administrative Policy No. 83.
(ii) For all other required Street trees not covered by section 20-811(g) and/or Developments requiring a site plan, the on-going maintenance of trees, once planted, shall be the responsibility of the property Owner adjacent to the public right-of-way or Private Street. If a Street tree dies or fails to be planted within one calendar year of issuance of an occupancy permit, the City shall notify the property Owner of the need to plant or replace the tree(s) as applicable. Should the property Owner fail to plant or replace the tree within 30 days of notification, the City shall reserve the right to cause the required trees to be installed and the cost of the tree(s), plus the cost of installation of the tree(s), shall be assessed to the property Owner.
(i) Pins for all corners of the Subdivision and for all Lot corners shall be set and the completion of the setting certified by the responsible Surveyor before a Plat is recorded.
(ii) A Major Subdivision can be pinned or staked in phases that are coincident with:
a. The Street construction and Development phase;
b. The placement of utilities within the designated utility Easements phase; and
c. The pouring of building foundations for slabs for building construction (issuance of a building permit phase).
(iii) Before the filing of a Plat or replat with the register of deeds, the Developer or Owner shall provide certification to the Planning Director that the Subdivision’s boundaries are pinned and there is a contract with a licensed land Surveyor to pin the Lots after completion of Street and Public Improvements.
(iv) At the time the Street plans are submitted to the public works department for approval, the center lines of right(s)-of-way shall be identified by establishing the following control points:
a. Points of Intersection (PI);
b. Points of Tangency (PT); and,
c. Points of Curvature (PC).
(v) Simultaneously with the construction of public improvements, staking or pinning of the Subdivision boundary corners and key points along the Easement(s) shall be completed to provide the following information:
a. The Intersection of four or more Lots;
b. Points of curvature; and
c. Points of Intersection with other Easements.
(vi)
At the time of
application for a building permit, the Developer or builder of the Lot shall
present certification (letter stamped by a licensed Engineer or Land Surveyor) to the building
inspector to assure Lot corners are pinned and pins are found or set.
Before a Final Plat or replat may be recorded, the Subdivider shall:
(1) Provide written certification from the City or County Engineer, as applicable, that all required Public Improvements in that portion of a Subdivision authorized for Development have been completed in accordance with applicable Design and Public Improvement Standards of this Article; or
(i) A Public Improvement Petition for construction and installation of all or a portion of the required Public Improvements. However, property within the Regulatory Floodplain is not eligible for this option;
(iv) The appropriate Governing Body may approve the Final Plat subject to the condition that it not be recorded until the City Engineer or County Engineer, as applicable, has determined that all required Public Improvements have been completed in accordance with the standards of this Article and related design standards of the applicable local government. If the required improvements are not timely completed, the City Engineer or County Engineer may submit the Final Plat to the appropriate Governing Body for further consideration; after giving the Subdivider an opportunity to be heard, the appropriate Governing Body may rescind the approval of the plat, require additional assurance for completion of the Public Improvements, authorize the recording of the Final Plat without further improvements, or extend the timeline for completion of the Public Improvements.
(v) The appropriate Governing Body may, at its discretion, determine which of such methods for ensuring completion of required Public Improvements shall be required.
(1) The amount of the cash escrow deposit determined in accordance with Section 20-811(h)(2)(ii) shall be deposited by the appropriate Governing Body in a special escrow account in the commercial bank in which the funds of such appropriate Governing Body are then deposited.
(2) This escrow deposit shall be invested and reinvested by such bank in short-term government securities, the interest or discount from which shall be paid to the Subdivider upon final release of such escrow deposit as hereinafter provided.
(3) Upon written certification from the City or County Engineer, as applicable, that the required Improvements have been thirty percent (30%) completed, the appropriate Governing Body shall release thirty percent (30%) of such escrow deposit to the Subdivider.
(4) Upon a like certification that the required Public Improvements have been 50 percent and thereafter, seventy-five percent (75%) completed, the appropriate Governing Body shall release twenty percent (20%) and twenty-five percent (25%) respectively, of the original escrow deposit to the Subdivider.
(5) Upon written certification from the appropriate Engineer that the required Public Improvements have been completed in accordance with applicable improvement standards, the balance of such escrow deposit, together with all earnings accrued thereon, shall be released to the Subdivider.
(1) The amount of an irrevocable letter of credit determined in accordance with Section 20-811(h)(2)(iii) shall be submitted by the Subdivider to the City or County Engineer or other designated representative.
(2) By the 10th of each month, the City or County Engineer or other designated representative shall certify to an agent of the financial institution, estimates of the amount of work completed by the contractor.
(3) The financial institution may submit a new letter of credit, which would reflect the balance of work remaining to be completed as determined by the City or County Engineer to replace the previous letter of credit.
(4) Ten percent (10%) of the total project cost shall be retained until the City Engineer or County Engineer, whichever is appropriate, has accepted all of the Public Improvements in that phase of the Subdivision.
The Preliminary Plat shall be drawn to a scale where all features presented are readable.
The Preliminary Plat shall:
(i) State the name of the proposed Subdivision;
(iii) Show date of preparation, north arrow and graphic scale;
(iv) Identify the Plat as a Preliminary Plat;
(vi) Include location, description and elevation of all benchmarks established or source used for vertical control. There must be at least one established vertical control point as the basis for the topographic survey included with the application;
(viii) Show topography (contour interval not greater than five feet), based on actual field survey performed within the last 12 months and tied to the vertical control benchmarks included with the description;
(ix) Show on the face of the Plat or on a separate sheet, a general location of the proposed Subdivision. The general location map shall be drawn to an appropriate scale and shall show the relationship of the proposed Subdivision to the following:
a. The nearest Intersection of public Streets;
b. If not in the City, any state highway located within one-half mile of the property;
c. If in the City, any public school or park located within one-quarter mile of the property. If in the County, any public school located within one mile of the property;
d. If in the Urban Growth Area, the nearest City Limits, and the nearest boundary of the Urban Growth Area;
e. The zoning of the property and any other Zoning Districts located within one-quarter mile (if in the City or within the Urban Growth Area) or within one-half mile (if in the Rural Area).
The Preliminary Plat shall also show the following existing conditions:
(i)
Location of any area
designated as Floodplain or Regulatory Floodplain, location and direction of
the flow of existing water courses; and the surface elevation of the Regulatory
Flood, when it has been established by the Federal Insurance Administrator or appropriate Governing
Body Lawrence
City Commission.
(ii) Location of any area zoned “Floodplain”, location and direction of flow of all water courses; and Base Flood Elevation at water course entrances to and exits from the proposed Subdivision;
(iii) Location of section lines, private or public Streets, Alleys, Easements, and city boundaries within and immediately adjacent to the proposed Subdivision;
(iv)
Location of natural
features such as rock outcroppings, unique topographic features, lakes, individually significant mature trees masses,
isolated preservable trees and insofar as can reasonably be shown, natural
features to be removed;
(v)
Boundaries of Woodlands
significant stands of mature trees, Jurisdictional
Wetlands, historic sites and Archaeological
Sites on the property proposed for subdivision;
(vi) Existing use of the property, including the location of all existing buildings, indicating those that will be removed and those that will remain on the property after the Final Plat is recorded;
(vii) Horizontal location and vertical elevation (if available) of existing sanitary sewers, storm water sewers, and culverts within and adjacent to the proposed Subdivision, and the location of existing water mains, underground wiring, pipelines, and gas lines;
(viii) Zoning of all land within and adjacent to the tract;
(ix) Location, description and elevation of all bench marks established or source used for vertical control;
(x) Types of soil, with the soil types generally indicated on the Preliminary Plat or a supplemental sheet; and,
(xi)
For a Subdivision
that will rely on the use of on-site sewage management systems and/or wells, a summary of available information on the subsurface Water Table,
including the depth of the Water Table at the highest, lowest and typical
locations within the Subdivision.
The Preliminary Plat shall further show the following:
(i)
Proposed Streets
(including location, width, names, approximate grades), and their relation to
Platted Streets or to proposed Streets as shown on any adopted general Development Watershed/Sub-basin
Plan, sector or Neighborhood Plan of adjacent property.
(ii) Easements, showing width and general purpose;
(iii) Blocks and Lots, showing approximate dimensions and proposed Block and Lot numbers;
(iv)
Sites designated for
other than single-family use by the adopted comprehensive or appropriately
adopted Area Watershed/Sub-basin Plan, Sector or Neighborhood Plan. (Such plan shall be referenced on
the face of the Plat);
(v) Sites proposed for Dedication as drainageway, park, school, or other public purposes;
(vi) Sites proposed by the Applicant for land uses not in conformance with adopted comprehensive or neighborhood plans accompanied by a note on the face of the Plat stating that approval of the Preliminary Plat does not certify approval of these proposed land uses.
(vii) If requested by Planning Staff, the Building Envelope for proposed Lots.
The following supplementary data and information shall be submitted with the Preliminary Plat or be included thereon:
(i) A table, shown on the face of the Plat, including this data:
a. gross acreage of the Subdivision;
b. acreage within each Zoning District;
c. acreage to be dedicated for Streets or roads, if any;
d. acreage to be dedicated for public uses other than roads, if any;
e. total number of building Lots;
f. maximum, minimum, and average Lot size; and
g. phasing schedule if proposing phasing of final platting.
(ii) A statement on the face of the Plat, stating the method to be used for financing Public Improvements in the Subdivision and providing references to statutes, covenants or other sources for further information on the details of such financing. Such statement shall contain a heading in at least 24-point type saying “Provision and Financing of Roads, Sewer, Water and Other Public Services.” The rest of the statement shall be set out in at least 12-point time. At a minimum such statement shall indicate:
a. Whether the Subdivision will have public Streets and roads, Private Streets and roads or a combination thereof;
b.
Whether the
Subdivision will provide connections to a Public Water source (naming the
source) or will rely on
wells;
c. Whether the Subdivision will provide connections to a public system for wastewater treatment (naming the system) or will rely on On-site sewage management systems or other On-Site wastewater treatment systems;
d. Whether purchasers of Lots in the Subdivision will be subject to special assessments or other costs or fees specific to the Subdivision to pay for the capital costs of Streets, roads, water lines and treatment, and/or wastewater lines and treatment; and
e. Whether the provision of improved roads, water service and/or wastewater service will depend in any way on a vote, petition or other collective action of property Owners in the Subdivision.
(iii) A separate narrative, explaining in detail the general nature and type of Public Improvements proposed for the Subdivision, and the manner by which the Subdivider intends to provide for their installation, as for example, by Public Improvement Petition, actual construction, escrow deposit, or performance bond. If other than by Public Improvement Petition, the approximate time for completion of such Improvements should be indicated.
The Preliminary Plat shall contain data, information and supplemental maps of surrounding property in sufficient detail regarding stormwater drainage issues, as determined by the Staff of the Planning Department or the Planning Commission. The Staff of the Planning Department or the Planning Commission may request additional data, information and supplemental maps from the Applicant regarding stormwater drainage, as appropriate.
On Lots adjacent to all Drainage Easements and on drainageways that are designated by the Director of Public Works or his or her designee the Preliminary Plat and Final Plat shall indicate the required minimum habitable floor elevations for Structures on Lots; or, the minimum elevation for a foundation opening(s) which shall be certified by a licensed land Surveyor or Engineer. [If a Basement is built on a Lot where a minimum elevation has been established, the building design is encouraged to incorporate a sump pump.]
The Final Plat shall be prepared by a licensed
professional Engineer or licensed Land Surveyor with black ink on permanent
reproducible material meeting the current standards provided by the Register of
Deeds. All drawings and signatures of certification shall be in waterproof
ink. The overall sheet size shall be 24 inches by 36 inches. The scale shall
be one inch equals 100 feet or less.
The Final Plat shall show:
(i) Name under which the Subdivision is to be recorded;
(ii) Descriptive information, which shall:
a. State the name of the proposed Subdivision;
b. Show date of preparation, north arrow and graphic scale;
c. Give a legal description of the proposed Subdivision complete with section, township, range, principal meridian, county, and acreage. Show the location of the nearest section and/or quarter-section corner on the Plat, with a description tying it to the point of beginning for the Subdivision. A replat shall not be required to be referenced to a section and/or quarter-section corner, provided the original Plat for the subject replat is tied to at least one of these corner monuments;
d. Show names of adjoining Subdivisions or, in the case of unplatted land, the names of the Owner or Owners of adjoining property;
e. Easements, showing width and general purpose;
f. Sites proposed for Dedication as drainageway, park, school, or other public purposes;
(iii) In addition, the following information is required which is similarly required on the Preliminary Plat:
a. Location of any area zoned Floodplain or within a Floodplain Overlay District zoning district;
b.
Boundaries of Woodlands
significant stands of mature trees,
Jurisdictional Wetlands, historic
sites and Archaeological Sites on the property proposed for subdivision;
c. Proposed Streets (including location and proposed names), and their relation to Platted Streets or to proposed Streets as shown on any adopted general Development plan of adjacent property; and,
d. Block and Lot numbers and dimensions of Blocks and Lots.
(iv)
Accurate dimensions
for all lines, angles, and curves used to describe boundaries, Streets. Easements
and areas to be Reserved for public use. Boundary survey of the Subdivision
shall have an error of closure of not greater than one (1) in five thousand
(5,000). Data for all curves shall include radius, arc length, chord
length, and central angle;
(v)
For land located in
a Floodplain, as defined and regulated under Article
20-12 Chapter
20, Article 12 of the City Code and the comparable provisions adopted by
resolution in Douglas County, the following:
a. The total area of each Lot located in the designated Floodplain;
b.
The Minimum Building
Elevation and Minimum Elevation of Building Opening, as determined from Article 20-12 Chapter 20, Article 12or the applicable County Floodplain regulations.
(vi) For any Lot including or adjacent to a lot including sensitive lands (see Section 20-1101(c)(iii)), designation of a building envelope within which a building may be built after compliance with all applicable setback, floodplain and sensitive land standards;
(vii) The dated signature and seal of the licensed Land Surveyor responsible for the survey and the Final Plat shall contain a note stating: “This survey conforms to the Kansas Minimum Standards for Boundary Surveys”;
(viii) Acknowledged certifications on the face of the Plat as listed below (may be combined where appropriate):
a. A certificate signed by all parties having any record, title or interest of record in the land subdivided, showing their consent to the preparation and recording of the Plat;
b. A certificate, signed by the Owner or Owners, dedicating all parcels of land which are intended for public use;
(ix) The endorsement of the Planning Commission as evidenced by the signature of its Chairperson;
(x) Acceptance of Dedication by the appropriate Governing Body, as indicated by the signature of the Chairperson of the Board of County Commissioners, the Mayor or another Person authorized to sign on behalf of either;
(xi) As a separate document, a certificate that all taxes and special assessments due and payable have been paid. In the case of unpaid special assessments, a proposed redistribution of such unpaid special assessments which meets the city’s requirements and is acceptable to the City Clerk and Public Works Director.
(xii) A note shall be placed on the Final Plat indicating that additional information concerning drainage and structural elevations are placed on the Preliminary Plat, if such requirement has been placed on the Preliminary Plat.
(xiii) A line shall be provided on the plat for the review date and signature of the County Surveyor beneath a note stating: “Reviewed in compliance with K.S.A. 58-2005”.
The Planning Department shall have the following powers and duties under this Article:
(1) Maintain permanent and current records with respect to these regulations, including amendments thereto;
(2) Receive all pre-applications together with other necessary information;
(3) Distribute copies of applications and other necessary information to other appropriate governmental agencies and departments for their review and recommendations;
(4) Review applications of Subdivision for compliance with these regulations;
(5) Present reports and recommendations to the Planning Commission;
(6) File approved Final Plats with the Register of Deeds;
(7) Make such other determinations and decisions as may be required by these regulations or by the Planning Commission.
The Planning Commission shall have the following powers and duties under this Article:
(1) Review and approve, conditionally approve, or disapprove Preliminary Plats;
(2)
Review and approve,
conditionally approve, or disapprove Final Plats, and unless disapproved, transmit the same to the appropriate Governing
Body Lawrence
City Commission for acceptance of Dedication of Streets, and easements other public ways and
sites;
(3) Make such other determinations and decisions as may from time to time be required by these regulations, or by applicable state law.
The applicable Governing Bodies shall be responsible for
accepting the Dedication of public Streets, easements
other public ways and sites.
(1)
No building permit shall be
issued for any building or Structure in the City of Lawrence or the unincorporated area of the Douglas
County unless the Planning Director or Douglas County Zoning & Codes
Director find that the proposed building or
structure will be located on a Lot:
(i) On a lot shown on an approved and recorded Final Plat for a Subdivision or on a Residential Development Parcel shown on an approved and recorded Certificate of Survey;
(ii) On a platted lot or land division in existence on the date shown in Section 20-801(e)(2) and thus exempt from having vested rights under these requirements; or
(iii) On a platted lot or land division, created through a valid Exception Exemption to the Subdivision Regulations that were in effect at the time when the Lot or land division was created.
(2) All Public Improvements required as a condition of approval of the Plat on which the Lot is shown have been completed or the Subdivider has provided security for the completion of such Improvements, in accordance with Section 20-811(h)(2);
(3) A certification, signed by a licensed Land Surveyor, has been presented as proof of pinning for each of the Lots for which building permits are requested; and
(4) There has been compliance with:
(i) All applicable Design Standards and Public Improvement requirements of this Article;
(ii) All applicable Review and Approval Procedures of Section 20-802; and
(iii) Any conditions of Plat approval.
Unless otherwise provided, a Person
aggrieved by a decision of the Planning Director
or Douglas County Director of Zoning & Codes
under these Subdivision Regulations may appeal
the decision to the Lawrence/ Douglas County Planning Commission Lawrence Board of Zoning Appeals in
accordance with Section 20-1311 of the City Code and the comparable
provision of the County Zoning Resolution. Such appeal shall be filed
within thirty days of the date of the letter, memo, staff report or other
written representation of the decision of the Planning Director which was
reasonably available to the Person aggrieved. An appeal not timely filed is
barred.
Unless otherwise provided, a Person aggrieved by a decision of the Douglas County Zoning & Codes Director under these Subdivision Regulations may appeal the decision to the Douglas County Board of Zoning Appeals in accordance with Section 23-2 of the Douglas County Zoning Regulations. Such appeal shall be filed within thirty days of the date of the letter, memo, staff report or other written representation of the decision of the Planning Director which was reasonably available to the Person aggrieved. An appeal not timely filed is barred.
A Person aggrieved by a decision of the Planning Commission under these Subdivision Regulations may appeal the decision to the City Commission (in case of a matter involving land in the City) or to the Board of County Commissioners (in case of a matter involving land in an unincorporated part of the County). Such appeal shall be filed within thirty days of the date of the meeting of the Planning Commission at which the action appealed from was taken. An appeal not timely filed is barred.
A Person aggrieved by a decision of the Board of County Commissioners or the City Commission under these Subdivision Regulations may pursue any available cause of action in a court of competent jurisdiction, subject to the rules of civil procedure then in effect and subject to any limitations imposed by Kansas law.
In cases where there is hardship in carrying out the literal provisions of these regulations (such as design criteria pertaining to lot width, lot depth, block depth, etc.), the Planning Commission may grant a variance from such provisions, except that in cases where there is hardship in carrying out the literal provisions found in Section 20-811(d) (wastewater disposal systems) the appropriate Governing Body may grant a variance from such provisions.
(1) An application for a variance shall be made to the planning department. The planning commission shall give the applicant and any other interested persons an opportunity to be heard with respect to the proposed application for a variance from the provisions of the regulations, except that the Governing Body shall give the applicant and any other interested persons an opportunity to be heard with respect to the proposed application for a variance from the provisions dealing with Sidewalks, Pedestrian Rights-of-Way or pedestrian ways.
(2) A variance shall not be granted unless all of the following apply:
(i)
Strict application of these
regulations will create an undue unnecessary hardship upon the Subdivider;
(ii) The proposed variance is in harmony with the intended purpose of these regulations; and,
(iii) The public health, safety and welfare will be protected.
When a plat is presented which includes land for which a Planned Unit Development plan has been approved,
the Planning Commission may vary the design standards in these regulations as
necessary to conform to such finally approved Planned Unit Development plan.
It shall be the duty of the Director of Zoning and the Planning Director to enforce the Subdivision Regulations of this Article.
The following shall constitute violations of these Subdivision Regulations:
(1) to submit for recording, any Subdivision Plat, land division or other Development plan that has not been approved in accordance with the procedures of this Development Code or that does not qualify for an exemption under the Subdivision Regulations of this Development Code;
(2) to engage in the construction of a building or Development or division of land, requiring one or more approvals under these Subdivision Regulations without obtaining all such required approvals;
(3) to engage in the construction of a building or Development or division of land, requiring one or more approvals under these Subdivision Regulations in any way inconsistent with any such approval or any conditions imposed thereon;
(4) to violate the terms of any approval granted under these Subdivision Regulations or any condition imposed on such approval;
(5) to violate any lawful order issued by any Person or entity under these Subdivision Regulations.
The following penalties and remedies shall be available to the city and county in enforcing these Subdivision Regulations:
(1) The city or county may seek an injunction or other equitable relief in the district Court to stop any violation of these Subdivision Regulations or of a permit, certificate or other form of authorization granted hereunder.
(2) The city or county may seek a Court order from the district Court in the nature of mandamus, abatement or other action or proceeding to abate or remove a violation or to restore otherwise the premises in question to the condition in which they existed prior to the violation.
(3) The city or county may seek such criminal or civil penalties as are provided by Kansas law, city or county code. For purposes of these penalties, each day’s violation shall constitute a separate offense.
(4) The City’s Codes Enforcement Manager or the Douglas County Zoning & Codes Director may deny or withhold all permits, certificates or other forms of authorization on any land, or Structure or Improvements thereon:
(i) Which has been divided or subdivided other than in accordance with the requirements of these Subdivision Regulations; or
(ii) On which there is an uncorrected violation of these Subdivision Regulations.
(5) Any permit or other form of authorization required under this Development Code may be revoked by the City’s Codes Enforcement Manager, the Douglas County Zoning & Codes Director or by any City or County official with authority to issue such permit when the official determines:
(i) that there is departure from the plans, specifications, or conditions as required under terms of the Subdivision approval;
(ii) that the Subdivision approval was procured by false representation or was issued by mistake; or
(iii) that any of the provisions of these Subdivision Regulations are being violated.
(6) Written notice of revocation shall be served upon the Owner, the Owner’s Agent or contractor, or upon any Person employed on the Building or Structure for which such permit was issued, or shall be posted in a prominent location, and thereafter construction shall stop.
(7) Whenever a Building or part thereof is being constructed, reconstructed, altered or repaired in violation of this Development Code, the City’s Codes Enforcement Manager may order the work to be immediately stopped.
(i) The stop‑work order shall be in writing and directed to the Person doing the work. The stop‑work order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed.
(ii) Violation of a stop‑work order constitutes a misdemeanor.
(8) Where a violation of these Subdivision Regulations involves a failure to comply with approved plans, or conditions to which the approval of such plans was made subject, the Planning Commission may, upon notice to the Applicant and other known parties in interest (including any holders of Building Permits affected), revoke the plan or other approval or condition its continuance on strict compliance with these Subdivision Regulations, the provision of financial security to ensure that construction is completed in compliance with approved plans, or such other conditions as the city may reasonably impose. Any required financial security shall be in a form approved by the City or County, as applicable.
(1) Purpose
As part of the Comprehensive Plan, the City and County have identified major entrances or gateways to the City and the Urban Growth Area around it. To enhance the appearance of those gateways, it is the intent of the City and the County to create a greenway effect along the major corridors through those gateways.
(2) Building and parking Setback Lines are hereby established on certain major Streets or highways as follows:
(i)
West Sixth Street from K10 (South Lawrence Trafficway) to
Monterey Way Wakarusa Drive and West Sixth Street from Monterey Way to Folks Road: a Setback
Line of 50 feet.
(1) In the event that a governmental taking or ACQUISITION FOR right-of-way, easement or other governmental use would reduce a setback that previously complied with this Section, that reduction in setback shall not be deemed to constitute a violation of this Section.
(2) Any non-conforming residential building or Structure located within the 50 foot building and parking setback, which is damaged by fire, Flood, explosion, wind, earthquake, war, riot, or other calamity or Act of God, may be restored or reconstructed provided; said restoration or reconstruction occurs on the original foundation. The building or Structure may not be rebuilt to a greater density or intensity than existed before the damage.
Not withstanding Section 20-813 of this Article, any appeal of the building and parking setback line established for major streets or highways shall be to the Board of Zoning Appeals, provided that no appeal shall be required in the instance of the reduction in a setback resulting from a governmental taking or acquisition for right-of-way, easement, or other governmental use, as provided in Section 20-814(b) (1). The Board of Zoning Appeals shall have the power to modify or vary the building and parking setback line in specific cases in order that unwarranted hardship, which constitutes a complete deprivation of use as distinguished from merely granting a privilege, may be avoided. In the absence of such a hardship, the intended purpose of the building and parking setback line shall be strictly observed.
No building or occupancy permit shall be issued for any new building within the plat approval jurisdicition of the City of Lawrence, or the unincorporated area of Douglas County, which fails to comply with the requirements of this Section.
The provisions of this section shall not be interpreted to deprive the owner of any existing property or of its use or maintenance for the purpose to which such property is then lawfully devoted.
(1) Where the conditions imposed by the provisions of these regulations are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of any other applicable law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern.
(2) The provisions of these regulations are not intended to abrogate any Easement, covenant, or other private agreement; provided, that where the requirements of these regulations are more restrictive or impose higher standards or regulations than such Easement, covenant, or other private agreement, the requirements of these regulations shall govern.
(3) A Subdivision of land which was not lawful at the time of the adoption of these regulations shall not become or be made lawful solely by reason of adoption of these regulations.
(4) The provisions of these regulations are cumulative and are additional limitations upon all other laws and ordinances heretofore passed or which may be passed hereafter governing any subject matter in the provisions of these regulations.
(1)
Words used in this Article have
the standard dictionary definition meaning
given in the latest edition of Merriam Webster’s Collegiate Dictionary
unless they are defined in this section. Words defined in this section shall
have the specific meaning assigned, unless the context expressly indicates
another meaning.
(2) Words or terms that are specifically defined in the Subdivision Regulations are distinguished by being in Title Case an in Blue Text in the original code document.
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Term |
Definition |
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Abut |
To physically touch or border upon; or to share a common property line.
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Acceleration Lane |
An added Roadway lane which permits integration and merging of slower moving vehicles into the main vehicular stream.
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Access Control |
Access Control is the limitation of public access rights to and from properties Abutting Streets or highways. Access Control is used on Arterial Streets and higher functional classes of Streets to preserve traffic service levels and safety.
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Access Easement |
An easement created for the purpose of providing vehicular or pedestrian access to a property
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Adequate Assurances |
A written and executed agreement or contract supplemented by one of the means of ensuring completion of public imrovements set forth in Section 20-811(h)(2).
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Agency |
For floodplain management purposes, means the Federal Emergency Management Agency (FEMA).
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Agricultural Purposes |
The growing of crops and the raising of livestock and poultry for profit on a tract of land of 10 acres or more. The feeding or disposal of Community or collected garbage shall not be deemed an agricultural use.
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Alley |
A minor right-of-way dedicated to public use which gives a secondary means of vehicular access to the rear or side of properties otherwise Abutting a Street and which may be used for public utility purposes.
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Appeal |
For floodplain management purposes, means a request for the review of the Floodplain Administrator’s interpretation of any provision of the Flood Protection Standards or a request for a variance.
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Applicant |
A Person submitting an application for approval.
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Areas of Special Flood Hazard |
Is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.
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Base Flood |
A flood having a one percent chance of being equaled or exceeded in any given year. See Regulatory Flood.
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Base Flood Elevation |
Water surface elevation of the base flood as determined
by Hydraulic Study, whichever is higher.
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Basement |
Any area of the structure having its floor sub-grade (below ground level) on all sides.
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Benchmark |
Surveying mark made in some object which is permanently fixed in the ground, showing the height of that point in relation to National Geodetic Vertical Datum (NGVD) and City or County Datum.
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Block |
A parcel of land entirely surrounded by public Streets, highways, railroad rights-of-way, public walks, parks or green strips, or drainage Channels or a combination thereof.
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Bore Hole or Soil Boring |
Soil test(s) conducted by drilling or auguring a hole through the native soil and logging the descriptions of the soil stratification, characteristics, moisture content, presence of Groundwater, and other relevant observations in accordance with the Unified Soil Classification System, USDA’s Soil Textural Triangle, or other professional soil description system as approved by the applicable local health department.
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Boulevard |
A tree-line roadway or a multi-lane street with a landscaped median.
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Boundary Line Adjustment |
A change in the boundary between adjoining lands that does not create an additional building site and that, when completed, will result in tracts of land or Lots that comply with the Lot design standards of Section20-810(a)(2) and with the Zoning District regulations that apply to the subject property.
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Boundary Line Street (or Road) |
A Street or road that forms a part of the boundary line of a City.
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Build Out Plan |
A future subdivision layout that has been planned and engineered based on the subdivision regulations of the city that is closest to the unplatted rural residential development. The build out plan shall identify eventual lots based on the typical residential lot size within the nearby city, the bundling of these “city-sized” residential lots for immediate development as rural Residential Development Parcels with the building envelope shown for this immediate development, which is outside the future Street right-of-ways and public easement locations based on the future subdivision layout. |
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Buildable Lot |
A lot for which a building permit can be obtained. Property that is designated as a “Tract” of land is not a buildable lot.
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Building Envelope |
The buildable area of a Lot defined by the minimum required setbacks of the applicable Zoning Regulations.
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Catch Basin |
An inlet designed to intercept and redirect surface waters.
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Certificate of Survey |
A legal instrument approved pursuant to Section 20-807; this is a narrowly used term and this instrument shall not be considered a “Plat” or a ‘Subdivision” as defined herein.
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Channel |
A watercourse with a definite bed and banks which confine and conduct the normal continuous or intermittent flow of water.
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Channelization |
(1) The straightening and deepening of Channels and/or the surfacing thereof to permit water to move rapidly and/or directly; (2) A traffic control device which forces vehicles into certain traffic flows or turning movements.
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Circle |
A Street naming suffix designating a Street with a single common Ingress and Egress (Cul-de-sac). The “Circle” suffix is used as a part of a Street name when the Cul-de-sac is a logical extension or continuation of a Street e.g., 14th Circle.
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City Engineer |
The person designated by the City Manager as the City Engineer. If no person has been so designated, then this term shall refer to the head of the City Public Works Department. If no person has been designated to fill either such position, then this term shall refer to the head of the department or operating unit primarily responsible for the maintenance of City Streets.
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Cluster Subdivision |
A form of Development for single-family detached dwelling residential Subdivisions that permits a reduction in Lot area and bulk requirements, provided that there is no increase in the number of Lots that would be permitted under a conventional Subdivision and the resultant land area is devoted to open space. The clustering design technique concentrates buildings in specific areas on the site to allow the remaining land to be set aside for recreation, meaningful Common Open Space and preservation of environmentally and geographically sensitive areas or historical features.
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Comprehensive Plan |
The Comprehensive Plan for the city or county, officially approved or adopted to provide long-range Development policies, and which may include, among other things, the plan for land use, land Subdivision, circulation, and Community facilities.
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Community |
Any State or area or political subdivision thereof, which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.
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County Engineer |
The person designated by the County Administrator or Board of County Commissioners as the County Engineer. If no person has been so designated, then this term shall refer to the head of the County Public Works Department. If no person has been designated to fill either such position, then this term shall refer to the head of the department or operating unit primarily responsible for the maintenance of County roads and infrastructure.
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Court |
A Street naming suffix designating a Street with a single common Ingress and Egress (Cul-de-sac). The “Court” suffix is used as a part of a Street name when the Cul-de-sac emanates from a Street at a near right angle, e.g., 14th Court.
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Cross Access Easement |
See Easement, Cross Access
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Crosswalk |
A strip of land dedicated for public use which is established across a Block for the purpose of providing pedestrian access to adjacent areas.
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Cul-de-sac |
A Street that has one outlet and is permanently terminated by a vehicle turn-around at the other end. This is a sub- category of Streets with a single outlet.
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Culvert |
A drain, ditch or conduit not incorporated in a closed system, which carries drainage water under a Driveway, Roadway, r railroad, pedestrian walk or public way.
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Curb Cut |
The opening along the curb line at which point vehicles may enter or leave a Roadway.
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Curb Return |
The connecting link between the Street curb and the ramp (Driveway) curb.
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Datum, City |
A reference point from which heights or depths are calculated within the City of Lawrence. All reference marks using City Datum shall also denote NGVD elevation.
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Deceleration Lane |
An added Roadway lane that permits cars to slow down and leave the main vehicle stream.
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Dedication |
Gift or donation of property by the Owner to a governmental unit. The transfer is conveyed by a Plat or a written separate instrument. The act of dedicating is completed with a formal acceptance by the Governing Body.
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Design Standards, Subdivision |
All requirements and regulations relating to design and layout of Subdivisions contained in Section 20-810.
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Detention Pond |
A storage facility for the temporary storage of storm water runoff. The storm water may be released to downstream facilities at a designed rate of flow.
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Developer |
The legal or beneficial Owner or Owners of a Lot or of land proposed to be subdivided including the holder of an option or contract to purchase, or other Person having enforceable proprietary interests in the land.
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Development |
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, levees, levee systems, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
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Double Frontage Lot |
A Lot with two opposite Lot Lines Abutting upon Streets which are substantially parallel.
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Douglas County Zoning & Codes Director |
The director of the Douglas County Zoning and Codes Department or such Person’s
designee
enforcement and administration of the Zoning and Building Code Regulations of Douglas County.
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Drainage System |
Pipe, Waterways natural features and man-made Improvements designed to carry drainage.
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Drive |
A private roadway providing access for vehicles to a parking space, garage, dwelling or other structure. Also referred to as a driveway.
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Driveway |
A privately owned means of providing direct vehicle access to Streets.
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Driveway Apron or Driveway Approach |
A paved area between the sidewalk and the street curb used by the property owner for vehicular access.
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Driveway, Joint-Use |
A privately owned Driveway that provides access to 2 or more Lots in a commercial or industrial Development, such as in a shopping center (without Lots) or a business or industrial park.
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Easement, Avigational |
An air rights Easement which protects air lanes around airports.
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Easement, Conservation |
A non-possessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic or open- space values of real property, assuring its availability for agricultural, forest, recreational or open-space use, protecting natural resources, maintaining or enhancing air or water quality or preserving the historical, architectural, archaeological or cultural aspects of real property. In case of any conflict between this definition and K.S.A. §58-3810, as it may be amended from time to time, the amended statute shall control and shall be used in the construction and interpretation of this Development Code.
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Easement, Cross Access |
An easement between two or more adjacent parcels creating rights to utilize a service drive providing vehicular Access among those parcels so the driver need not enter the public Street system, except at a limited access point.
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Easement, Drainage |
An Easement required for the installation of storm water sewers or , Waterways and/or required for the preservation or maintenance of a natural stream or water course or other drainage facility.
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Easement, Private |
A right-of-way granted for limited use of land for a private purpose.
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Easement |
A grant of one or more of the property rights by the property Owner to and/or for the use by the public, a corporation or another Person or entity.
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Egress |
An exit.
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“Eligible Community” or “Participating Community” |
A community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NFIP).
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Encroachment |
Any obstruction in a delineated Floodway, right-of-way, Easement, building setback or adjacent land.
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Encumber |
To place a legal claim or restriction upon a tract or parcel of land.
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Engineer |
A professional Engineer licensed by the State of Kansas or licensed to practice in the State of Kansas.
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Exception |
Permission to depart from or request relief from the design standards. Exceptions often refer to standards such as: length of cul-de-sac, location and type of improvements, or landscaping requirements. They are dictated by the circumstances related to the specific application that makes the design requirements for which the exception is requested unnecessary or unreasonable.
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Existing Construction |
Structures for which the “start of construction” commenced before the effective date of the FIRM (March 2, 1981); “existing construction” may also be referred to as “existing structures”.
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Existing Mobile Home Park |
A mobile home park or subdivision for which the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including, at a minimum, the installation of utilities, the construction of Streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. |
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Final Plat |
A map of a land Subdivision prepared in a form suitable for filing of record with necessary affidavits, Dedications, restrictions, and acceptances, and with complete bearings and dimensions of all lines defining Lots and Blocks, Streets, Alleys, public areas and other dimensions of land.
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Fire Hydrant |
An outdoor water supply outlet with wrench-actuated value and a connection for a fire hose.
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Flag Lot |
City meaning: A lot not fronting or abutting a public right of way except for a narrow strip of land providing access to the lot from the public right of way. County Meaning: A lot that has a minimum lot width of less than 90% of the minimum lot width required at the road right- of-way or road easement line.
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"Flood" or "Flooding" |
Means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source; and (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood, or by some similarly unusual and unforeseeable event which results in flooding as defined above in item (1).
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Flood Insurance Rate Map (FIRM) |
An official map of a community, on which the Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.
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Flood Insurance Study (FIS) |
An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.
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Floodplain |
The land area inundated by a flood of a given magnitude as determined by the Flood Insurance Study or Governing Body based on an approved Hydrologic and Hydraulic Study.
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Floodplain or Floodplain District |
That area designated by the Governing Body as susceptible to Flooding including but not limited to the Regulatory Floodplain designated by the Federal Insurance Administrator.
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Floodplain Management |
The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.
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Floodplain Management Regulations |
Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain and grading ordinances) and other applications of police power. The term describes such State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
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Floodproofing |
Any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, or structures and their contents.
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"Floodway" or "Regulatory Floodway" |
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
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Floodway Encroachment Lines |
The lines marking the limits of floodways on Federal, State and local floodplain maps.
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Floodway Fringe |
The area outside the floodway encroachment lines, but still subject to inundation by the regulatory flood.
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Force Main |
A sanitary sewer line through which waste water is pumped rather than carried by gravity flow.
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Freeboard |
A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as bridge openings and the hydrological effect of urbanization of the watershed.
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Frontage Road |
A “Street, Marginal Access. located in front of the properties that it abuts.
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Frontage |
The boundary of a Lot or Residential Development Parcel that Abuts a Street or a Road.
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Full Maintenance Road |
A road in the Unincorporated Area of the County that receives maintenance on a regular basis in accordance with its road classification and traffic counts.
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Governing Body |
The the City of Lawrence, Baldwin City, Eudora, or Lecompton and the Board of County Commissioners in the Unincorporated Area of Douglas County.
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Grading |
The act of excavation or filling or a combination of both or any leveling to a smooth horizontal or sloping surface on a property, but not including normal cultivation associated with an agricultural operation. For grading in FEMA designated floodplains the definition in the Floodplain Management Regulations shall take precedence.
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Groundwater |
Any subsurface water in the zone of saturation, including but not limited to spring water, perched Water Tables, seasonal Water Tables and aquifers.
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Half-Street |
A Street bordering one or more property lines of a Subdivision tract to which the Subdivider has allocated only a portion of the required Street Width.
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Highest Adjacent Grade |
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
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Historic Landmark |
Any structure that is (a) listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) individually listed on the Register of Historic Kansas Places; or (d) individually listed the Lawrence Register of Historic Places.
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Home Owners Association |
A Community association, other than a condominium association, which is organized in a Development in which individual Owners share common interests in open space or facilities. The Home Owners Association usually holds title to Reserves, manages and maintains the common property, and enforces certain covenants and restrictions. Condominium associations differ from Home Owners Associations in that condominium associations do not have title to the common property.
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Hydrologic and Hydraulic Study |
An engineering study that is done in accordance with the Lawrence Development Code 20-1204 (c).
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Improvements |
All facilities constructed or erected by a Subdivider to permit and facilitate the use of Lots and Blocks for residential, institutional, business or manufacturing purpose. Improvements shall include all facilities listed in Section 20- 810(j).
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Infrastructure |
manufacturing, residential, commercial and all other land uses or activities under the control of a governmental agency. Infrastructure includes water lines, sewer lines, and other utilities, streets and roads, communications, and public facilities, such as fire stations, parks, schools, and other similar type uses.
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Ingress |
An entrance.
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Intersection |
Where two or more Streets cross at-grade.
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Land Disturbance |
Any activity involving the clearing, cutting, excavating, filling, or grading of land or any other activity that alters land topography or vegetative cover.
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Land Surveyor |
One who is licensed by the State of Kansas as a land surveyor and is qualified to make accurate field measurements and to mark, describe, and define land boundaries.
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Lot |
A designated parcel or area of land established by Plat or Subdivision to be used, transferred, developed or built upon as a unit.
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Lot Depth |
The distance between the midpoint of the front Lot Line and the midpoint of the rear Lot Line.
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Lot Line, “or Residential Development Parcel Line” |
The perimeter of a Lot or a Residential Development Parcel.
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Lot Width, “or Residential Development Parcel Width” |
The distance between the side Lot Lines of a Lot, or the side lines of a Residential Development Parcel at the required front Setback Line.
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Lot, Frontage “or Residential Development Parcel Frontage” |
That portion of the Lot or a Residential Development Parcel which lies between the side Lot Lines and is adjacent to the Street or Road serving the Lot or the Residential Development Parcel.
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Lot of Record |
A legally created Lot recorded at the Register of Deeds as part of a plat or subdivision.
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Lowest Floor |
The lowest floor of the lowest enclosed area, including a Basement; an unfinished or flood-resistant enclosure, usable solely for parking of vehicles, Building access, or storage, in an area other than a Basement area, is not considered a Building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of the Flood Protection Standards.
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Major Thoroughfares Map(s) |
A plan adopted by the Planning Commission and the Governing Bod(ies) identifying and classifying the major Streets and roads in the community. The Major Thoroughfares Plan in effect on the date of adoption of this Article is incorporated in “Transportation 2025, the Lawrence/Douglas County Long Range Transportation Plan”, but it may be amended or superseded from time to time.
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Market Value |
An estimate of what is fair, economic, just and equitable value under normal local market conditions.
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Mean Sea Level |
For purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are referenced.
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Metes And Bounds |
A method of describing the boundaries of land by directions and distances from a known point of reference.
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Minimum Elevation of Building Opening |
The minimum elevation above sea level at which a building located in the floodplain may have a door, window, or other opening.
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Minor Subdivision |
See “Subdivision, Minor”
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Mobile Home |
A structure, transportable in one or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "mobile home" does not include a "recreational vehicle.”
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Mobile Home Subdivision or Park |
A parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale.
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Minimum Elevation for Building |
The finished floor elevation of the lowest floor. |
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Neighborhood Development Plan |
See “ |
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New Construction |
For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM (March 2, 1981) and includes any subsequent improvements to such structures; for floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of the floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.
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Off-Site Improvements
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Improvements located on property outside the perimeter of the Subdivision that are determined by the Planning Commission to be necessary because of the proposed Subdivision, e.g., construction of Streets, signalization of Intersections, drainage Channels, extension of public utilities, etc. |
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On-site Sewage Management System |
An individual Sewage disposal system involving a water tight receptacle that receives the discharge of Sewage from a building and is designed and constructed to permit settling of solids from this liquid, digestion of the organic matter (sludge), and discharge of the liquid portion into an underground lateral disposal area. The sludge is pumped out of the tanks, usually by commercial FIRMs, at regular intervals. On-site sewage management systems are used for domestic wastes when a sanitary sewer line is not available to carry the wastes to a waste water treatment plant. Approval of a site for use of a On-site sewage management system system involves establishing a minimum Lot area to provide for the system’s operation, determining that the soil has an acceptable Percolation rate and ensuring separation of the system from Groundwater.
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On-Site |
Located within the perimeter of the property that is subject to an application for Subdivision or a Residential Development Parcel approval.
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Open Space, Common |
Land within or related to a Development, not individually owned or dedicated for use, which is designed and intended for the common use or enjoyment of the residents of the Development and may include such complementary Structures and Improvements as are necessary and appropriate. Common Open Space is Platted as a Reserve and is owned and maintained by a Home Owners Association.
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Original Townsite Area |
The original Townsite of the City of Lawrence, as shown on the “Original Townsite Map” available for public inspection from the Planning Director.
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Outlet, Single |
A single connection between the Street or road system in a particular Subdivision or other development and the Street system shown on the Major Thoroughfare Map; a cul-de-sac is a sub-category of Streets with single outlets, but a loop road or more complex system within a development may also have access to the Street system through a Single Outlet.
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Overlay District |
A special zoning district that has been “overlaid” on a base zoning classification to alter some or all the base district zoning regulations.
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Owner |
Any Person or Persons, Firm or Firms, corporation or corporations, or any other legal entity having legal title to land being subdivided under these regulations. Also any legal entity having legal title to land for which a building permit application is made.
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Package Plant |
A prefabricated or pre-built waste water treatment plant.
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Parcel |
A contiguous area of land under the same ownership. This is an inclusive term that includes Lot, Development Parcel and other terms. Unlike “Lot,” the term “Parcel”
not mean a division of land created through a plat or Subdivision process.
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Parent Parcel |
The recorded and legally defined parcel of land from which one conveying a Residentially Development Parcel within the unincorporated area of the County, outside the Lawrence Urban Growth Area or other cities’ Areas, to an individual.
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Parkway |
A Street that includes a landscaped median. A parkway may run in any direction.
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Participating Community |
Also known as an "eligible community," means a community in which the Administrator has authorized the sale of flood insurance.
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Peak Hour Traffic |
The largest number of vehicles passing over a designated section of a Street during the busiest one-hour period during a 24-hour period.
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Pedestrian Right-of-Way Easement |
A strip of land dedicated for public use which is Reserved across a Block for the purpose of providing pedestrian access to adjacent areas.
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Pedestrian Way |
A public walk dedicated entirely through a block, from street to street, or providing access to a school, park, recreation area, or shopping center.
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Percolation Test |
A test designed to determine the ability of ground to absorb water and used in determining the suitability of a soil for drainage or for the use of a septic system.
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Percolation |
Downward flow or infiltration of water through the pores or spaces of rock or soil.
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Person |
Any individual or group of individuals, corporation, Federal, State, and local governments and agencies.
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Petition, Public Improvement |
A legal instrument which serves as the basis for initiation of a public improvement project by the Governing Body. A Public Improvement Petition is frequently used during the Platting process to guarantee the construction of certain Improvements that are required as conditions of Plat approval, such as Street paving, sidewalks, water and sewer lines, and stormwater and drainage Improvements.
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Planning Area |
The area considered in the development of a comprehensive plan for cities in Douglas County.
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Planning Commission |
The Lawrence/Douglas County Metropolitan Planning Commission.
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Planning Director |
The Lawrence/Douglas County Metropolitan Planning Director.
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Plat |
A Subdivision as it is represented as a formal document by drawing and writing and which is presented to the Planning Commission for review and approval in accordance with these Subdivision Regulations and to the Governing Body for the acceptance of Easements and Dedications.
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Platting Binder |
A report issued by a title insurance company setting forth the conditions to be met for certain property to be Platted, e.g., Easements filed for record, mortgages, fee title Owners, etc.
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Potable Water |
Water suitable for drinking or cooking purposes.
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Preliminary Plat |
A map of proposed land Subdivision showing the character and proposed layout of the tract in sufficient detail to indicate its suitability for the proposed Subdivision.
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Principally Above Ground |
At least 51 percent of the actual cash value of the structure, less land value, is above ground.
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Private Drive |
A use Platted for a Reserve in order to provide access to Lots from either a public or Private Street system. For residential Plats, not more than three Lots shall be dependent upon any one Private Drive for their access to a Street system. A Reserve for Private Drive purposes is the means to access Lots within a comprehensive group Development for townhouses or apartment units or for commercial complexes and office park Developments A new Private Drive may be established under this Article only in a Planned Unit Development.
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Public Improvements |
All public facilities constructed or erected by a Subdivider within a Subdivision to permit and facilitate the use of Lots or Blocks for a principal residential, business or manufacturing purposes.
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Public Utility Facilities |
Telephone, electric and cable television lines, poles, equipment and Structures; water lines, holding towers or gas pipes, mains, valves or Structures; sewer pipes, valves or Structures; Pumping Stations; telephone exchanges and repeater stations; and all other facilities, equipment and Structures necessary for conducting a service by a government or a public utility.
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Public Water Supply |
A system for delivery to the public of piped water for human consumption that has at least ten (10) service connections or regularly serves at least twenty-five (25) individuals daily at least sixty (60) days out of the year. This term includes any source, treatment, storage, or distribution facilities used in connection with the system.
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Publicly Treated Water |
Water supplied for domestic purposes by a municipality or by a Rural Water District and approved by the Kansas State Department of Health.
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Pumping Station |
A pumping facility that transports waste water between two gravity flow sewer lines. A Pumping Station is used when topographic conditions do not allow a continuous gravity flow system.
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Raw Sewage |
Untreated domestic or commercial waste water.
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Recreational Vehicle |
A vehicle which is (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projections; (c) designed to be self-propelled or permanently able to be towed by a light-duty truck; and (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions. |
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Regulatory Flood |
The Flood determined by the Federal Insurance Administration as having a one percent chance of being equaled or exceeded in any given year.
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Regulatory Flood Elevation |
The elevation at which the Regulatory Flood is determined to occur.
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Regulatory Floodplain |
Land included within the Regulatory Floodway and Floodway Fringe areas as determined by the Federal Insurance Administration.
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Replat |
Same as “resubdivision”.
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Reserve |
An area of property within a Subdivision which is Platted for specific uses, e.g., open space, landscaping, entry monuments, recreational facilities, utilities and drainage, Floodway, Private Street, etc. Typically, future Ownership and maintenance responsibilities for a Reserve is set forth by a Restrictive Covenant which provides that a Home Owners or Lot Owners association will hold title to the Reserve and therefore be responsible for the Reserve’s maintenance. The Restrictive Covenant may provide for Ownership and maintenance to be tied to the Ownership of an adjacent Lot. Ownership and maintenance is not assigned to an individual, partnership or corporation except in the case of a Reserve Platted for possible future sales to a public body for a public facility].
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Restrictive Covenant |
A restriction on the use of land traditionally set forth in a deed. Restrictions are also placed of record by separate instruments including Home Owners association agreements. The Restrictive Covenant usually runs with the land.
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Resubdivision |
The further Subdivision of a tract of land which has previously been lawfully subdivided and for which a Plat of such prior Subdivision has been duly recorded.
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Road or Roads |
Same as “Street” or “Streets”.
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Road, Stub |
A short section of public Road or Road Easement dedicated to provide future access to an adjacent unplatted tract of property.
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Roadway |
The paved or improved area of a Street right-of-way, exclusive of sidewalks, Driveways, or related uses.
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Rural Area |
All of the Unincorporated Area of Douglas County lying outside of an Urban Growth Area.
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Sanitary Sewers |
Pipes that carry only domestic, industrial or commercial Sewage and into which storm, surface and ground waters are not intentionally admitted.
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Sector Plans |
Plans that encompass one or more sections of land with the purpose being to use geograhic and demographic information to develop a detailed land use vision of future development or redevelopment of a study area.
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Setback Line (Front) or Building Line |
A line nearest the front of and across a Lot or parcel of land establishing the minimum open space to be provided between the front line of a building or Structure and the line of the fronting Street right-of-way.
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Setback Line |
That line that is the required minimum distance from the Street right-of-way line or any other Lot Line that establishes the area within which the principal Structure must be erected or placed.
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Sewage Lagoon |
A shallow, artificial pond where sunlight, bacterial action and oxygen interact to restore waste water to a reasonable state of purity.
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Sewage |
The total of organic waste and waste water generated by residential, industrial and commercial establishments.
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Sewerage |
(1) All effluent carried by sewers whether it is sanitary Sewage, industrial waste or storm water runoff; (2) The entire system of Sewage collection, treatment and disposal.
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Slope |
Degree of deviation of a surface from the horizontal; measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first number is the horizontal distance (run), and the second is the vertical distance (rise), as two to one. A two to one slope is a 50 percent slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a 90-degree slope being vertical (maximum) and 45 degrees being a one to one or 100 percent slope.
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Staff |
The technical and professional Staff of the Lawrence/Douglas County Metropolitan Area Planning Director.
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Start of Construction |
Includes substantial-improvements, and means the date the Building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvements were within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, any work beyond the stage of excavation, or the placement of a mobile home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, the installation of Streets and/or walkways, excavation for a Basement, footings, piers, foundations, the erection of temporary forms, nor installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial- improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a Building, whether or not that alteration affects the external dimensions of the Building.
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State Coordinating Agency |
The Division of Water Resources, Kansas Department of Agriculture, or other office designated by the governor of the State or by State statute at the request of the Administrator to assist in the implementation of the National Flood Insurance Program (NFIP) in that State.
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Stormwater Detention |
Any storm drainage technique that retards or detains runoff, such as a detention or retention basin.
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Street or Streets |
Any vehicular way(s) which: (1) is an existing state, county or municipal Roadway; or (2) is shown upon a Plat approved pursuant to law; or (3) is approved by other official action. The Street right-of-way is all land located between the Street lines, whether improved or unimproved. |
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Street Width |
The amount of Street right-of-way Abutting a Lot’s property lines.
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Street, Arterial |
Arterial Streets are the highest level of Street classification, generally providing for longer distance trips with relatively high traffic volumes and high speeds for the context. Principal arterials permit traffic flow through the urban area and between major destinations. Minor arterials collect and distribute traffic from principal arterials and expressway to Streets of lower classification, and, in some cases, allow traffic to directly access destinations.
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Street, Collector |
A collector Street provides for land access and traffic circulation within and between residential neighborhoods and commercial and industrial areas. They distribute traffic movements from these areas to the arterial Streets. Collectors do not typically accommodate long through trips and are not continuous for long distances.
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Street, Cul-de-sac |
A Street having only one outlet and being permanently terminated by a vehicle Turnaround at the other end.
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Street, Dead-End |
A Street having only one outlet and which does not benefit from a Turnaround at its end.
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Street, Expressway |
Any divided Street or highway with no access from Abutting property and which has either separated or at-grade access from other public Streets and highways.
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Street, Freeway |
Any divided Street or highway with complete Access Control and grade separated interchanges with all other public Streets and highways.
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Street, Limited Local |
A Local Street providing access to not more than eight Abutting single-family residential Lots.
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Street, Local |
Local Streets provide direct access to adjacent land uses. Direct access from a local Street to an arterial Street should be discouraged.
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Street, Marginal Access |
A Street that is generally parallel and adjacent to an Arterial Street or other limited-access Street and that is designated to provide direct access to adjacent property. Marginal Access Streets are commonly known as “Frontage Roads”.
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Street, Private |
A Street that is not dedicated for public use. Not permitted in the unincorporated area of the County and only permitted within Planned Developments in the City of Lawrence.
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Street, Residential |
Same as “Local Street”.
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Street, Residential Collector (or Residential Connector) |
Residential collector is a special category of collector street characterized by lower speeds & the residential nature of land uses along the corridor. Bicycle & pedestrian facilities are strongly recommended for residential collectors. Various traffic-calming treatments may be used to reduce travel speeds. Residential collector streets with adjacent residential land uses should be limited to two lanes. These streets can serve as a connector street between local streets and the thoroughfare system.
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Structure |
For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a mobile home. "Structure" for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank that is principally above ground and affixed to a permanent site, as well as a mobile home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.
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Street, Stub |
A short section of Street right-of-way Platted to provide future access to an adjacent unplatted tract of property.
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Subdivider |
The Owner, or any other Person, FIRM or corporation, authorized by the Owner, undertaking proceedings under the provisions of these regulations for the purpose of subdividing and platting land.
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Subdivision (Plat) |
The division of a Lot, tract or parcel of land into two or more parts for the purpose, whether immediate or future, of sale or building Development, including Resubdivision, but not including a “
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Subdivision, Major |
A Subdivision that includes 5 or more lots. [See section 20- 809].
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Subdivision, Minor |
A Subdivision that satisfies one of the criteria set forth in Sec. 20- 808.
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Subdivision Regulations |
For the City of Lawrence, Chapter 20 of the City Code, as adopted and amended from time to time by Ordinance adopted by the City
in the County Code, as adopted and amended from time to time by Resolution adopted by the Board of County Commissioners.
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Substantial- Damage |
Damage of any origin sustained by a structure whereby the cost of restoring the structure to pre-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
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Substantial- Improvement |
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This term includes structures, which have incurred "substantial- damage”, regardless of the actual repair work performed. The term does not, however, include either (1) any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (2) any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure.”
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Surveyor |
A professional Land Surveyor licensed by the State of Kansas.
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Swale |
A shallow ditch lined with grass or other vegetation for the purpose of carrying stormwater from one location to another and filtering sediments and other pollutants from stormwater runoff.
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Terracing |
An erosion control method that uses small hills and contours on the land surface to control Flooding and runoff.
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Topography |
The configuration of a surface area showing National Geodetic Vertical Datum (NGVD).
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Tract |
A non-buildable, platted parcel reserved for open space, storm drainage or easement purposes or an otherwise specific and restricted use.
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Traffic Calming Device |
Physical traffic control or intervention measures designed to reduce the negative effects of motor vehicle use, alter driver behavior and improve conditions for non-motorized Street users.
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Turnaround |
An area at the closed end of a Street with a single common Ingress and Egress within which vehicles may reverse their direction.
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Unnecessary Hardship |
The condition resulting from application of these regulations when viewing the property in its environment that is so unreasonable as to become an arbitrary and capricious interference with the basic right of private property ownership, or convincing proof exists that it is impossible to use the property for a conforming use, or sufficient factors exist to constitute a hardship that would in effect deprive the owner of their property without compensation. Mere financial loss or the loss of a potential financial advantage does not constitute unnecessary hardship.
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Unincorporated Area |
That portion of Douglas County lying outside any incorporated municipality.
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Urban |
An area generally characterized by moderate and higher density residential development (i.e., three or more dwelling units per acre), commercial development, and industrial development, as well as the availability of public services required for that development, specifically a municipal water and sewer, an extensive network of streets, public transit and other such services (such as municipal fire protection or senior services). Development not providing such services may be considered nonurban or rural.
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Urban Density |
A residential density created by lots, blocks and streets resembling the built and developed density of neighborhood’s of the city for which an urban growth area was projected and adopted.
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Urban Growth Area – Lawrence |
That area designated as the Lawrence Urban Growth Area (UGA) on the most recent (adopted) version of the Comprehensive Plan. The Comprehensive Plan, Horizon 2020, distinguishes four service areas within the UGA based on the city’s adopted Wastewater Master Plan and projected ability to provide sanitary sewer service to those areas. Solely for the purpose of interpretation of the exemption section of these regulations, a property shall be considered to be located within the Urban Growth Area of Lawrence (UGA) if 100% of the tract or Ownership parcel as shown on the 1998 Property Ownership Map, Douglas County (which was prepared by York Publications in 1998) is within the UGA boundary shown on Figure 9 in HORIZON 2020. An Ownership tract or parcel having less than 100% of its land area within the UGA as shown on Figure 9 shall not be construed to be within the Urban Growth Area of Lawrence.
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Urban Growth Area – [other cities in the County] |
The area defined by a city’s master plan as land that will be annexed into the city within the land use planning period to accommodate the future growth and development of neighborhoods, businesses and industries by the extension of city infrastructure and services.
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Variance |
Permission to depart from the Design Standards of the regulations when the application of a specific standard is so unreasonable that it would prevent the logical subdivision of the property.
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Waiver |
Permission to depart from the requirements of an ordinance with respect to the submission of required documents. Note: The terms “”waiver” and “exception” are often used interchangeably, however there are differences. Refer to ‘exception’ for its meaning.
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Water Surface Elevation |
The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplain.
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Water Table |
The upper surface of Groundwater, or that level below which the soil is seasonally saturated with water.
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Waterway |
Any natural or artificial stream, river, creek, ditch, Channel, canal, conduit, Culvert, drain, Waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite Channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or Flood water.
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Wetlands |
Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.
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Woodlands |
Natural hardwood forests, whether or not actively forested.
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Zone A |
Special flood hazard areas inundated by 100-year flood where no base flood elevations have been determined.
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Zone AE |
Special flood hazard areas inundated by 100-year flood where base flood elevations have been determined.
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Zone AH |
Special flood hazard areas inundated by 100-year flood with flood depths of 1 to 3 feet (usually areas of ponding), where base flood elevations have been determined.
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Zone AO |
Special flood hazard areas inundated by 100-year flood with flood depths of 1 to 3 feet (usually sheet flow on sloping terrain), where average depths have been determined. For areas of alluvial fan flooding velocities have also been determined.
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Zoning Regulations |
The rest of Chapter 20 of the City Code or the current Zoning Regulations in effect in Douglas County, as adopted from time to time by resolution of the Board of County Commissioners.
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[LMF1]Kay would like to add a requirement for the filing of an exhibit to show the overall townhouse development so her office can tract better the individual filings of townhouse surveys. EVAN – can this be added as a ‘c’ to this section? My concern is that since this is an exemption from the regulations there may be a better place to make this a requirement.
[LMF2] Sheila said okay. Need response from Evan now as to whether this is a significant change or a simple omission that needs to be corrected. Propose to County Commission as a Amendment. David and I decided that it made sense to add A-1 to this section and think it is more a clarification than a major change. Evan, Sheila – do you agree?
[.3]DRG think this is an error. It should be 50%.