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PLANNING COMMISSION REPORT Regular Agenda -- Public Hearing Item |
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PC Staff Report 10/22/07 ITEM NO. 14: TEXT AMENDMENT TO CHAPTER 20, ARTICLE 8 DEVELOPMENT CODE (JCR)
TA-09-22A-07: Consider amendments to Section 20-804(c)(2) (Subdivision Regulations) of the Development Code to eliminate the requirement for Conservation Easements and create a requirement for Temporary Set Aside Agreements for Certificate’s of Survey in Lawrence’s Urban Growth Area. Initiated by the Board of County Commissioners on September 24, 2007.
TA-09-22B-07: Consider amendments to Section 20-805(c)(2) (Subdivision Regulations) of the Development Code to eliminate the requirement for Conservation Easements and create a requirement for Temporary Set Aside Agreements for Certificate’s of Survey in Lawrence’s Urban Growth Area. Initiated by the Board of County Commissioners on September 24, 2007.
TA-09-22C-07: Consider amendments to Section 20-810(j) (Subdivision Regulations) of the Development Code to clarify that either a Temporary Set Aside Agreement or an optional Conservation Easement shall be used as a resource preservation tool associated with Certificate of Survey’s in Lawrence’s Urban Growth Area. Initiated by the Board of County Commissioners on September 24, 2007.
TA-09-22D-07: Consider amendments to Section 20-815 (Subdivision Regulations) of the Development Code to define the term Temporary Set Aside Agreement. 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 revisions proposed to Sections 20-804(c)(2), 20-805(c)(2), 20-810(j) and 20-815 of the Development Code, to the City Commission and the Board of County Commissioners. |
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Reason for Request: |
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 easments 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.
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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 · Eliminating requirement for conservation easements and establishing language for temporary set aside agreements / temporary resource conservation agreements.
Revisions are proposed to Section 20-805, Cluster Developments in Urban Growth Areas, and Section 20-806, Large Parcel Property Divisions in Urban Growth Areas, which eliminate the requirement for Conservation Easements when sensitive lands are present but require a Temporary Set Aside Agreement in its place.
· Amending Section 20-810(j).
This section identifies natural resources and environmentally sensitive areas which shall be retained and conserved for all residential and nonresidential subdivisions in the unincorporated area of Douglas County. The Board of County Commissioners has proposed to amend this section to state that such features shall be conserved either with a Conservation Easement (permanent and perpetual) or a Temporary Set Aside Agreement (in effect for two years following annexation). The Board of County Commissioners also initiated changing the title of this section from “Resource Preservation – Unincorporated Areas of Douglas County” to “Resource Conservation – Unincorporated Areas of Douglas County”.
· Amend Section 20-815(b) Definitions.
This section is proposed to be amended to add a definition for Temporary Set Aside Agreement and to modify the definition of Building Envelope.
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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 Based upon the Board of County Commissioner’s discussion, the proposed amendment corrects an error in the Subdivision Regulations as it was not the Commission’s intent to require Conservation Easements. 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 amendments are generally consistent with Chapter 9 – Parks, Recreation and Open Space of Horizon 2020.
· The acquisition of land suited for parks, recreation and open space by regulatory techniques is encouraged. (Page 9-8)
The amendments proposed are generally consistent with Chapter 5 – Residential Land Use of Horizon 2020.
· Continue to support and recognize the importance of conserving the environmentally sensitive areas identified within the UGA. (Policy 1.1a, Page 5-12) · Use the development review process to seek the preservation of natural features through sensitive site planning and design. (Policy 1.2d, Page 5-13) · Create standards for clustering developments that achieve the conservation of natural features and which minimize the impact of development in environmentally sensitive areas. (Policy 1.6, Page 5-13)
The proposed amendments are 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 right margin of the report.
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The purpose of this
Section is to allow for an alternative administrative approval procedure to
Large Parcel Property Divisions in the Urban Growth Area for rural residential
development. The clustering of development parcels within the Urban Growth
Areas on parcels that are at least 20 Acres but less than 40 Acres is intended to
mitigate strain on infrastructure and public services and to anticipate future
development patterns for the remainder of the property after annexation.
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.
The Future Development Area shall meet the requirements set forth in this sub-section:
(i) Minimum Requirement. A minimum of 40% of the total Cluster Development shall be designated as Future Development Area.
(ii)
Sensitive
Lands Worthy of Resource Preservation. Lands that are or contains the
resources identified in Section 20-810(j) shall be deemed to be worthy of
Resource Preservation. [j1]
(iii)
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-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 conveyed to the City and County by separate legal
instrument, satisfactory to the County Counselor and City Manager or other
appropriate city official. The City will have regulatory authority over the Conservation Easement only after the property
has been annexed into the City. Within 2 years of the date of annexation into
the City the Conservation Easement will expire unless further action is taken by
either the City or the property Owner.[j2]
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 density residential development of the large land parcel prior to any division occurring, and that based on these considerations, 3 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 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 density development as subsequent circumstances dictate.
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.
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)
Sensitive
Lands Worthy of Resource Preservation. Lands that are or contains the
resources identified in Section 20-810(j) shall be deemed to be worthy of
Resource Preservation. [j4]
(iii)
Conservation
Easements. 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 Historic 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 conveyed to the City and County by separate
legal instrument, satisfactory to the County Counselor and the City Manager.
The city will have regulatory authority over the Conservation Easement only after the property
has been annexed into the City. Within 2 years of the date of annexation into
the City the Conservation Easement will expire unless further action is taken by
either the City or the property Owner.[j5]
(1) Words used in this Article have the standard dictionary definition 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.
Term |
Definition |
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The buildable area of a Lot or Residential Development Parcel defined by the minimum required setbacks of the applicable Zoning Regulations and exluding lands identified in Section 20-810(j). |
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An agreement relating to land located within the Urban Growth Area that contains the resources identified in Section 20-810(j) that, as reasonably practicable, requires the retention of the environmental, geographical or historical characteristics of the land and prohibits any use or activity that will significantly impair, interfere with, or destroy these characteristics. A Temporary Set Aside Agreement shall: (i) be between the Owner of the land and the County and City, (ii) provide that the County has regulatory authority under the agreement until the land is annexed into the City and, thereafter, the City acquires regulatory authority, (iii) provide that the agreement expires 2 years after the date of annexation unless further action is taken by the City and the Owner, and (iv) be approved by the the County Counselor, the City Manager, or their designees[j9] |
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[j1]Subsection (ii) to the left is proposed to be deleted by Planning Staff. This subsection is duplicative of subsection (ii) below and is not necessary.
[j2]Subsection (iii) to the left is proposed to be deleted by Board of County Commissioners.
[j3]In proposed subsection (ii) to the left, the initiated language had shown the word Permanent as capitalized and with blue typeface. This would indicate that the overall term Permanent Conservation Easement is defined, which is not the case. Therefore, Planning Staff recommends that the term permanent not be capitalized or colored blue so as not to mislead the reader.
[j4]Subsection (ii) to the left is proposed to be deleted by Planning Staff. This subsection is duplicative of subsection (ii) below and is not necessary.
[j5] Subsection (iii) to the left is proposed to be deleted by Board of County Commissioners.
[j6] In proposed subsection (ii) to the left, the initiated language had shown the word Permanent as capitalized and with blue typeface. This would indicate that the overall term Permanent Conservation Easement is defined, which is not the case. Therefore, Planning Staff recommends that the term permanent not be capitalized or colored blue so as not to mislead the reader.
[j7]These changes were initiated by the Board of County Commissioners.
[j8]The definition for “Building Envelope” is recommended to be revised by Planning Staff. Certificates of Survey are required to show Building Envelopes when the lands identified in Section 20-810(j) are present on a Residential Development Parcel. As such, the definition of Building Envelope should be clarified so that it is consistent with this requirement.
[j9]The definition for “Temporary Set Aside Agreement” was initiated by the Board of County Commissioners to define the new term.