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PLANNING COMMISSION REPORT Regular Agenda -- Public Hearing Item |
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PC Staff Report 10/22/07 ITEM NO. 15 : AMENDMENTS TO ARTICLE 8 DEVELOPMENT CODE (JCR)
TA-09-23-07: Consider amendments to Section 20-807 (Subdivision Regulations) of the Development Code to create a procedure for amending approved Certificates of Survey. 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 [TA-09-23-07] to Section 20-807 of the Development Code, to the City Commission and Board of County Commissioners. |
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Reason for Request: |
The Subdivision Regulations do not provide a procedure for amending an approved Certificate of Survey in any way. A provision which would allow reasonable modifications to parcel lines and amendments to the Build Out Plan, Immediate Development Area or Future Development Area should be created.
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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 revision creates a procedure for amending approved Certificates of Survey. The current regulations do not provide a process for amending an approved Certificate of Survey. The amendment procedures recommended by Staff would not permit further division of land but would permit adjustment of parcel lines and amendments to the approved build out plan, immediate development area and future development area. · The revisions proposed are related to those proposed with TA-09-22-07. · The language proposed below was initiated by the Board of County Commissioners on September 24. Staff has added one point of clarification to the language forwarded by the County Comission. Staff suggests that it be clarified that amendment applications should not be used to create new residential development parcels in addition to what is permitted. The suggested language is shown below in Section 20-807(i)(1)(5). For instance, if the Parent Parcel in the original application permitted the creation of two Residential Development Parcels and only one was designated at that time, the second one may be designated at a later date through these amendment procedures. However, if both were designated with the original Certificate of Survey, then the amendment procedures could not be used to create additional Residential Development Parcels.
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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 text amendment will correct an error in the Subdivision Regulations. The current regulations do not provide a process for amending an approved Certificate of Survey which means that a simple parcel line adjustment cannot be permitted. From a practical standpoint, a process for amending Certificates of Survey should be provided. 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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The purpose of the Certificate of Survey administrative review procedure is to provide an administrative process for creating an accurate record of the description and location of Residential Development Parcel divisions created in conformance with Sections 20-804, 20-805, or 20-806, whichever is applicable, without requiring full compliance with the Subdivision Development regulations of Section 20-809, Major Subdivisions.
An approved Certificate of Survey may be amended for a Parent Parcel created in accordance with Section 20-806 or, prior to annexation by a city, in accordance with Sections 20-804 or 20-805 of Lawrence’s Urban Growth Area. The amendment may occur when there is an application to revise an area designated as a Residential Development Parcel, Immediate Development Area, Future Development Area, or the layout of Residential Development Parcels and future lots on the Build Out Plan. The Future Development Area cannot be revised for those portions that include sensitive lands identified in Section 20-810(j), permanent Conservation Easement(s), or Temporary Set Aside Agreements. Access to the development (location of cross access easement or individual driveway access) from public road right-of-way shall be permitted only upon written recommendation from the County Engineer that revising the point of access to the public road is desirable for public safety.