|
PLANNING COMMISSION REPORT Regular Agenda -- Public Hearing Item
|
|
ITEM NO. 13: TEXT AMENDMENT TO CHAPTER 20 DEVELOPMENT CODE (JCR)
TA-06-13-07: Consider amendments to Article 8 (Joint City/County Subdivision Regulations) and Article 13 of the Development Code to modify requirements for topographical surveys. Initiated by Planning Commission on June 25, 2007. |
|
RECOMMENDATION: Staff recommends the Planning Commission forward a recommendation for approval of the proposed revisions [TA-06-13-07] to Section 20-812(a)(viii) of the “Land Development Code, June 26, 2007 Edition” to the City Commission and Board of County Commissioners and Section 20-1305(f)(vii) of the “Land Development Code, June 26, 2007 Edition” to the City Commission. |
|
Reason for Request: |
The existing language imposes an inappropriate and unnecessary impediment to the platting and site planning process.
|
|
RELEVANT GOLDEN FACTOR: Conformance with the Comprehensive Land Use Plan is the relevant factor that applies to this request. Adoption of new regulatory tools, one of which is the zoning regulations, is an implementation step in Chapter 13 of HORIZON 2020, the City/County Comprehensive Land Use Plan.
|
|
|
PUBLIC COMMENT RECEIVED PRIOR TO PRINTING No written correspondence has been received.
|
|
|
DISCUSSION OF PROPOSED AMENDMENT The amendment as proposed would permit an applicant for Site Plan or Subdivision to use the City’s aerial topography data to fulfill the requirement for showing topography on the site which is subject of the application as opposed to conducting an actual field survey of the site.
This information is a part of the City’s Geographic Information Systems (GIS) database. According to the City’s GIS Coordinator, the data has been updated approximately every three years beginning in 1995. The data currently used was obtained in 2006. This data is considerably more detailed than previous data and is sufficient for the purposes of depicting topography on a given site if the site has not been developed or otherwise disturbed since the date the City obtained the data. Due to this limitation, Staff suggests additional language be added to the amendment which clarifies that if a site has been developed or otherwise disturbed since the date the City obtained the aerial topography data, a field survey is required.
|
|
|
REVIEW AND DECISION-MAKING CRITERIA (Section 20-1303(f)) In reviewing and making decisions on proposed zoning text amendments, review bodies shall consider at least the following factors:
(1) Does the proposed text amendment correct an error or inconsistency in the Development Code or meet the challenge of a changing condition?
Applicant’s Response: The existing language “imposes an inappropriate and unnecessary impediment to the site planning process. The City of Lawrence possesses aerial topography which it deems sufficient for use within its own GIS databases and planning documents and which it has sold to area consultants for the purposes of preliminary planning. Moreover, a field survey is not a cost-ineffective tool at the preliminary planning stage because of alternatives such as the City’s aerial topography.”
Staff Opinion: At the time the Development Code was originally drafted, the City had not come into possession of high-quality aerial topography. Since that time, the City has obtained detailed aerial topography data which it has sold to area consultants for use. Thus the proposed amendment meets the challenge of a changing condition. In the opinion of the City’s GIS Coordinator the City’s data is suitable for use for preliminary planning purposes as the applicant has suggested.
(2) Is the proposed text amendment consistent with Horizon 2020 and the stated purpose of the Development Code (See Sec. 20-104)
Applicant’s Response: “Yes. Horizon 2020 cites “planned and managed growth” and “sustainability” as overall goals. The proposed amendment corrects an error within the Development Code that, from a practical and financially reasonable standpoint, opposes such ideas.”
Staff Opinion: Horizon 2020 does not speak directly in regards to such technical requirements, but does not oppose such a technical change. Horizon 2020 does state, as an overall planning goal in regards to sustainability “We will strive to ensure the sustainability of our physical environment, both natural and built, the health of our economy and the efficient and effective functioning of our community.” Page 1-2
Section 20-104 of the Development Code states “This Development Code is intended to implement Horizon 2020 and other applicable plans adopted by the City Commission in a manner that protects, enhances and promotes the health, safety and general welfare of the citizens of Lawrence.” The proposed amendment is consistent with the purpose and intent of the Development Code.
|
|
|
Pg. No.
|
Section No. 20 - |
Recommended Text Change |
||
|
62 of 97 |
812(a)(1)(vi) |
Modify field survey requirements |
||
|
20-812 Contents of Plats (a) Preliminary Plat The Preliminary Plat shall be drawn to a scale where all features presented are readable. (1) Materials to be Included The Preliminary Plat shall: (viii)
|
||||
|
Article 13. Development Review Procedures |
||||
|
Pg. No.
|
Section No. 20 - |
Recommended Text Change |
||
|
13-37 |
1305(f)(1)(vii) |
Modify field survey requirements |
||
|
20-1305 Site Plan Review
(f) Application Contents
(vii) Show
the present and proposed topography of the site.
|
||||