PLANNING COMMISSION REPORT

Regular Agenda -- Public Hearing  Item

 

PC Staff Report

10/22/07

ITEM NO. 11:         AMENDMENTS TO SECTION 20-813, DEVELOPMENT CODE (JCR)

 

TA-08-18-07:  Consider amendments to Section 20-813(b)(2) (Subdivision Regulations) of the Development Code to delete the reference to the Planning Commission approving final plats.  Initiated by the Planning Commission on August 29, 2007.

 

 

RECOMMENDATION:  Staff recommends the Planning Commission forward a recommendation for approval of the proposed revisions [TA-08-18-07] to Section 20-813(b)(2) of the Development Code, to the City Commission and Board of County Commissioners.

 

Reason for Request:

Application of the Subdivision Regulations has revealed an error to Section 20-813(b)(2) which states that the Planning Commission approves final plats.  Such applications are administratively approved.

 

 

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 Subdivision 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.

 

 

OVERVIEW OF REVISIONS PROPOSED

·        The proposed revision would correct an inconsistency in Section 20-813(b)(2) of the Development Code which currently states that the Planning Commission has the power and duty to make a final decision over final plats.  Such applications are administratively reviewed and approved by the Planning Director as provided in Section 20-809(l).  Staff proposes this provision be deleted from the code.

 

 

CRITERIA FOR REVIEW AND DECISION-MAKING

Section 20-1302(f) provides review and decision-making criteria on proposed text amendments.  It states that review bodies shall consider at least the following factors:

1)          Whether the proposed text amendment corrects an error or inconsistency in the Development Code or meets the challenge of a changing condition; and

The proposed amendment corrects an inconsistency in the code.  Section 20-809(l) and other sections of the code, specify that the Planning Director has review and decision-making authority over final plat applications.  Final plats are not considered by the Planning Commission, therefore the Planning Commission does not have the power or duty in making a final decision on such applications.

2)          Whether the proposed text amendment is consistent with the Comprehensive Plan and the stated purpose of this Development Code (Sec. 20-104).

[Section 20-104 of the Development Code states that the purpose of the Development Code is to implement the Lawrence/Douglas County Comprehensive Land Use Plan (Horizon 2020) and other applicable plans adopted by the City Commission, hereinafter collectively referred to as the “Comprehensive Plan” – 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 Horizon 2020.  The amended language does not negatively impact the public health, safety or general welfare.

 

 

HOW TO READ THE AMENDED TEXT

New text is identified by bold, italic typeface whereas deleted text is identified by double strikethrough. 

 

For some amendments comments may be provided.  In such instances, comment boxes will be located in the left margin of the report. 

 

 

20-813 Administration and Enforcement

(a)          Planning Department Powers and Duties

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.

(b)          Planning Commission Powers and Duties

The Planning Commission shall have the following powers and duties under this Article:

(1)          Review and approve, conditionally approve, or disapprove Preliminary Plats and unless disapproved, transmit the same to the Lawrence City Commission for acceptance of Dedication of Right-of-way and easements;

(2)          Review and approve, conditionally approve, or disapprove Final Plats, and unless disapproved, transmit the same to the Lawrence City Commission for acceptance of Dedication of Streets, and easements;

(2)        Grant or deny variances to the design standards of this Article as per Section 20-813(f);

(3)        Make such other determinations and decisions as may from time to time be required by these regulations, or by applicable state law.