PLANNING COMMISSION REPORT

Old Business -- Public Hearing  Item

PC Staff Report

10/22/07

MISC. ITEM NO. 1 :              TEXT AMENDMENT TO CHAPTER 20, ARTICLE 8, SECTION  20-801(e)(3) OF THE SUBDIVISION REGULATIONS

TA-11-13-06:  Reconsider an amendment to the City/County Subdivision Regulations [Article 8 of the Lawrence Development Code and Chapter XII of the Douglas County Code], to correct an error of omission in a text amendment recommended by the Planning Commission at their August 15, 2007 meeting. 

RECOMMENDATION:  Staff recommends the Planning Commission forward a recommendation for approval of the proposed revision [TA-11-13-06 to Section 20-801(e) (3) of the Lawrence Development Code and Chapter XII of the Douglas County Code, the jointly adopted Lawrence/Douglas County Subdivision Regulations to the County Commission and City Commission.

Reason for Request:	Late in the adoption process, an omission in the applicable zoning districts listed in section 20-801(e)(3) was identified.  The intent of the August amendment to the Vested Rights section was to vest existing residences built in the county (after they were split off from a larger tract of land through an exception process).  There should be four districts listed in section 20-801 (e)(3) that it applies to (A, A-1, R-1 and V-C) but, the V-C (Valley Channel) district was inadvertently omitted.  Rather than return the entire  ‘package’ of text amendments acted on by the Planning Commission in August and the Governing Bodies in September,  the city’s legal staff has determined it is appropriate to create a new text amendment for this change for public hearing by the Planning Commission.
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 revised wording to section 20-801(e)(3) is the addition of the V-C (Valley Channel) district to the list of zoning districts that existing residences were constructed in prior to adoption of the new Subdivision Regulations (12/31/06).
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 Staff Opinion: The proposed amendment corrects an error of omission in the recently drafted and adopted Subdivision Regulations, which are part of the Development Code as well as a stand-alone chapter in the County Code. 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.] Staff Opinion: Horizon 2020 does not speak directly to technical requirements nor do the policies and goals in the document oppose a technical change.  Horizon 2020 does address, as an overall planning goal, sustainability, “We will strive to ensure the sustainability of our physical environment, both natural and built, the health of our economy and the efficient and effective functioning of our community”.  Page 1-2. Section 20-104 of the Development Code states, “This Development Code is intended to implement Horizon 2020 and other applicable plans adopted by the City Commission in a manner that protects, enhances and promotes the health, safety, and general welfare of the citizens of Lawrence”.  The proposed amendment has effect only in the unincorporated areas of the County and has no impact on the City’s ability to protect, enhance or promote the public’s health, safety and general welfare.
HOW TO READ THE AMENDED TEXT New text is identified by bold, italic typeface . The line containing the amendment as referenced in this report is highlighted grey within the text to assist in locating the proposed amendment.

20-801

(d) Exemptions

(1) The purpose of this sub-section is to list specifically those divisions and transfers of land that are entirely exempt from regulation under this Article.  This sub-section shall be strictly construed, so that any transaction failing in any way to meet one, or more, of the requirements for Exemption shall be subject to the full effect of this Article.

(2) The following divisions and transfers of land are exempt from the requirement that divisions occur only in accordance with the standards and procedures set forth in this Article and may be accomplished by deed or other instrument of transfer without any reference to this Article:

(i) A division created exclusively for Agricultural Purposes, when that division does not involve the creation of any new public Streets, public Roads, or public Easements or residential development;

(ii) A division occurring through the sale or transfer of any Lot that has been legally platted in accordance with Subdivision Regulations in effect at the time of the platting;

(iii) A division used exclusively for Cemetery purposes and accessory uses associated therewith;

(iv) A division occurring through the transfer of land for use as a right-of-way for widening a road or railroad or as an Easement for public purposes or public utilities, when no new Street/Road or Easement of access is involved;

(v) A division of unplatted land in the Unincorporated Area of the County for the purpose of combination with an existing parcel or tract so long as the remaining portion of the unplatted land retains the minimum dimensional requirements for a buildable Residential Development Parcel;

(vi) A division of 5 acres or greater within the Unincorporated Area of the County that occurred on or before June 1, 2005 and that was not lawfully created through the Exemptions section of the Subdivision Regulations in effect at the time of the division, provided said division meets the minimum frontage requirements in the County’s Access Management Standards or provided said division has a minimum frontage of 250’ on a Local or Minor Collector classified road;

(vii) A correction of a description in a prior conveyance provided that the correcting instrument contains a reference to the original instrument of conveyance by date, book and page and other description.  Within a reasonable time after receiving a correction instrument, the Register of Deeds shall deliver a copy of the correction instrument to the Planning Department; or

(viii) Within the City of Lawrence, the division of land to allow for the sale of individual attached or detached residential dwellings; provided that, the following conditions are met:

a. The land has been developed with and is occupied by an attached or detached dwelling;

b. The land being divided or transferred under this Exemption is covered by a recorded declaration of covenants subjecting the land and Improvements thereon to procedures and conditions regulating the manner in which Improvements may be expanded, reconstructed and maintained;

c. Prior to recording of the first division for a townhouse development, a development plan, or similar document, showing at a minimum; the entire townhouse development, a legal description of the boundaries of the entire development, any tracts for common ownership, maintenance or use, ponds or drainage areas, and the intended tracts, parcels or general building locations (along with building numbers or proposed addresses) for division into townhouse units, shall be filed at the Register of Deeds. If the declaration allows additional land to be submitted to the townhouse development, the location and description of the additional land shall also be shown.

(ix) Within the Unincorporated Area of the County, a division created to divide off a residential building that existed on site on December 31, 2006, provided that the following conditions are met:

a. The minimum size of the new Parcel upon which the residential building is located meets both the County’s Sanitary Code requirements for access to a potable water supply and the Height, Area and Bulk Requirements in Article 18 of the Douglas County Zoning Regulations;

b. The entire On-Site Sewage Management System is located entirely on the Parcel upon which the residential building it serves is located and is in compliance with the County’s Sanitary Code requirements; and,

c. The new Parcel on which the residential building is located meets the minimum frontage and entrance spacing requirements established in the County’s Access Management Standards.

Such legally created Parcel of land on which the residential building is located shall not be subject to further review under this Article, unless or until this  parcel is further divided.  The remaining Parcel without a residential building shall be subject to the County Zoning Regulations and shall not be deemed created in conformance with the Subdivision Regulations.  

(e) Vested Rights

(1) A division created in conformance with this Article,  or created in conformance with the Exemption section of  the previously adopted Subdivision Regulations that were in effect prior to December 20, 2006, and said division was filed and recorded as a plat of survey, deed, or affidavit of equitable interest identifying the division as a separate tract of real estate at the Register of Deeds office (i) on or before June 1, 2005; or (ii) after June 1, 2005, and as of December 31, 2006, provided a division made after June 1, 2005, met the 10 acre requirement and other requirements for a residential building permit pursuant to Douglas County Resolution No 05-6-5 and resolutions extending such Resolution, shall remain lawfully existing, retaining established rights to the issuance of a building permit, subject to additional regulatory authority of the Governing Body.  Such legally created Parcel shall not be subject to further review under this Article; unless or until it is further divided.

(2) Lot of Record:

(i) Created before the Effective Date of this Article in the City of Lawrence that has been maintained in individual ownership, may be used for residential purposes for a single-family home or for another use that is allowed in the City’s UR (Urban Reserve) District without further review under this Article, until such Lot of Record is further subdivided.

(ii) A Lot of Record or a Parcel lawfully created within the A (Agricultural) District, A-1 (Suburban-Home Residential) District, or R-1 (Single-Family Residential) District in the Unincorporated Area of Douglas County on or before December 31, 2006, that has been maintained in individual ownership, may be used for residential purposes for a single-family home or for another use allowed within the A (Agricultural) District, without further review under this Article, until such Lot of Record or Parcel is further subdivided.

(3) A Parcel created to divide off an existing residential building and grounds from a larger Parcel pursuant to Section 20-801(d)(ix), when the principal building on the Parcel is for single-family residential purposes, shall have no further review under this Article until such Parcel is further subdivided only when: the residential building existed on site on or before December 31, 2006; it is served by a potable water source located on the Parcel that includes the existing residential building improvement; the Parcel conforms with the County’s Sanitary Code; and, that Parcel is zoned either A (Agricultural), A-1 (Suburban Home Residential), V-C (Valley Channel),  or R-1 (Single-Family Residential).

(4) Upon the recording of a Final Plat, development rights in land covered by that Plat shall vest in accordance with K.S.A. 12-764.  This vesting shall be effective only so long as the same general category of residential uses is continued; any significant change of use shall subject the property to additional review and the applicability of additional regulations, which may affect some rights that are vested as to the particular use and the particular pattern of development.  The development rights for a single-family residential subdivision shall expire in accordance with K.S.A. 12-764(a).

(f) Combination of Unplatted Lands

(1) A vested Parcel may be combined with another unplatted division Parcel and retain the right to a building permit for one principal building for residential purposes on the newly created Land Combination provided a survey of the Land Combination is filed at the Register of Deeds and all land covered by the survey is owned by the same person or persons and the Owner requests in writing that the County Clerk combines the constituent Parcels for tax Parcel purposes.