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PLANNING COMMISSION REPORT Regular Agenda -- Public Hearing Item |
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PC Staff Report 10/22/07 ITEM NO. 13: AMENDMENTS TO ARTICLE 8 DEVELOPMENT CODE (JCR)
TA-09-21A-07: Consider amendments to Section 20-804(c)(1)(viii) (Subdivision Regulations) of the Development Code to clarify that access shall be taken from a hard surfaced road. Initiated by the Board of County Commissioners on September 24, 2007.
TA-09-21B-07: Consider amendments to Section 20-805(c)(1)(iv) (Subdivision Regulations) of the Development Code to clarify that access shall be taken from a hard surfaced road. Initiated by the Board of County Commissioners on September 24, 2007.
TA-09-21C-07: Consider amendments to Section 20-808(c)(2) (Subdivision Regulations) of the Development Code to clarify that access shall be taken from a hard surfaced road. Initiated by the Board of County Commissioners on September 24, 2007.
TA-09-21D-07: Consider amendments to Section 20-815 (Subdivision Regulations) of the Development Code to define the terms “Hard Surfaced Road” and “County’s Rock Road Standard”. Initiated by the Board of County Commissioners on September 24, 2007.
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RECOMMENDATION: Staff recommends the Planning Commission forward a recommendation for approval of the proposed revisions [TA-09-21-07] to Section 20-804(c)(1)(viii), 20-805(c)(1)(iv), 20-808(c)(2), and 20-815 of the Development Code, to the City Commission and Board of County Commissioners. |
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Reason for Request: |
In applying the Subdivision Regulations, a number of issues have been identified which require revisions to the text adopted. Adoption of the initiated revisions will improve the implementation of the Subdivision Regulations. TA-09-21A-07 to TA-09-21D-07 represents specific amendments to Article 8 as outlined below.
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RELEVANT GOLDEN FACTOR:
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING
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OVERVIEW OF REVISIONS PROPOSED · The proposed revisions clarify the condition of roads which lots and Residential Development Parcels must take access from. The current language simply states that access must be taken from a hard surfaced road, but no definition for what qualifies as a hard surfaced road is provided. The revisions will add a definition for hard surfaced road as well as a definition for the County’s rock road standard.
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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 amendments correct an inconsistency in the Subdivision Regulations. The language states that access shall be taken from a hard surfaced road, yet there is no definition or specification as to what a hard surfaced road is. 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. |
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HOW TO READ THE AMENDED TEXT New text is identified by bold, italic typeface whereas
deleted text is identified by
For some amendments comments may be provided. In such instances, comment boxes will be located in the left margin of the report.
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Lands divided pursuant to this Section shall be developed as a 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 Cluster Development shall not exceed 60% of the total acreage of the proposed development. Residential Development Parcels and 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 laid out 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:
(viii) Access. The Cluster
Development shall have direct access to a hard-surfaced road. When
the Cluster Development is located within the Lawrence Urban Growth Area or in
the UGA of a another city, the development shall have direct access to a road
that meets or exceeds the County’s Rock Road Standard. One access shall be
allowed for the entire development unless a separate access point is necessary
to allow access to the Future Development Area to prevent intrusion or damage
to the resources being conserved and protected.
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.
(iv) Development
Parcel Access. Each Residential Development Parcel shall have direct access to a hard surfaced road shall
have direct access to a road that meets or exceeds the County’s Rock Road Standard.
(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 Hard
Surfaced Road or from a road that meets or exceeds the County’s Rock Road Standard;
Term |
Definition |
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County’s Rock Road Standard |
Standards as delineated in Chapter IX of the Douglas County Code. |
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Hard Surfaced Road |
A properly constructed and maintained road surface with asphaltic concrete, Portland cement concrete, or with chip sealed aggregate base. |
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