PC Minutes 10/22/07 DRAFT

ITEM NO. 14:     AMENDMENTS TO SECTION 20-804, 20-805, 20-810, 20-815, DEVELOPMENT CODE (JCR)

TA-09-22-07: Consider amendments to Sections 20-804, 20-805, 20-810 and 20-815 of the Development Code to eliminate the requirement for Conservation Easements and create a requirement for Resource Preservation Agreements for Certificate’s of Survey in Lawrence’s Urban Growth Area.

STAFF PRESENTATION

Mr. Joseph Rexwinkle presented item. The existing language in the Subdivision Regulations requires the dedication of conservation easements with applications for property divisions in the Urban Growth Areas of Unincorporated Douglas County when sensitive lands exist on the subject property.  The Board of County Commissioners has indicated that the intent of the regulations when written was not to require the dedication of conservation easements but to only require that sensitive lands identified for resource conservation in Section 20-810(j) be set aside for potential future conservation upon annexation by a city.  The Board of County Commissioners has initiated this amendment to eliminate the requirement for conservation easements and insert new language discussing temporarily setting aside land identified in Section 20-810(j) with an agreement which temporarily prohibits development for a period of time until two years following annexation by a city, thus allowing the city to obtain the set aside land for recreational, park or open space use.

Commissioner Harkins supported the change and felt it was a good solution.

Commissioner Eichhorn asked if the text amendment only applied to sensitive lands.

Mr. Rexwinkle said the way the language read now it only applied to sensitive land.

Commissioner Finkeldei asked who decided if it was sensitive land.

Mr. Rexwinkle stated that there are some sensitive lands that are identified by provisions in the Subdivision Regulations, but that the Planner would work with the developer on a site by site basis.

Commissioner Eichhorn asked if this would allow for the ability to have non sensitive land with public uses without having all of it put in a subdivision.

Mr. Rexwinkle said that the conservation easement language as it is currently written allows the City to have the option of retaining the land, upon annexation, if the City exercises this right within two years of annexation.

Commissioner Harris asked if this applied to the Future Development Area in Cluster Development.

Mr. Rexwinkle stated that these lands usually would be included in the future development area.

Commissioner Eichhorn asked if the future development area had to be set aside regardless if there were sensitive lands present.

Mr. Rexwinkle replied that was correct.

Commissioner Harris asked what if the City wanted to purchase the set aside land and does not have the money to do it within two years of annexation.

Mr. Rexwinkle stated that if there is a site in the city that has over 5% of the land as sensitive lands, you have to do a Planned Development so that gives us tools in retaining the land.

PUBLIC HEARING

No public comment.

ACTION TAKEN

Motioned by Commissioner Hird, seconded by Commissioner Finkeldei, to approve the revisions proposed to Sections 20-804(c)(2), 20-805(c)(2), 20-810(j) and 20-815 of the Development Code, and forward to the City Commission and the Board of County Commissioners.

          Unanimously approved 10-0.