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PLANNING COMMISSION REPORT Regular Agenda -- Public Hearing Item |
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PC Staff Report 10/22/07 ITEM NO. 12: AMENDMENTS TO SECTION 20-804, DEVELOPMENT CODE (JCR)
TA-09-20A-07: Consider amendments to Section 20-804(c)(1)(iii) (Subdivision Regulations) of the Development Code to clarify that water service must be purchased from and conveyed by a publicly treated water source. Initiated by the Board of County Commissioners on September 24, 2007.
TA-09-20B-07: Consider amendments to Section 20-805(c)(vii) (Subdivision Regulations) of the Development Code to clarify that water service must be purchased from and conveyed by a publicly treated water source. Initiated by the Board of County Commissioners on September 24, 2007.
TA-09-20C-07: Consider amendments to Section 20-808(d)(5) (Subdivision Regulations) of the Development Code to clarify that water service must be purchased from and conveyed by a publicly treated water source. Initiated by the Board of County Commissioners on September 24, 2007.
TA-09-20D-07: Consider amendments to Section 20-811(e)(1) (Subdivision Regulations) of the Development Code to clarify that water service must be purchased from and conveyed by a publicly treated water source. 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-09-20-07] to Sections 20-804, 20-805, 20-808, 20-811 and 20-816 of the Development Code, to the City Commission and Board of County Commissioners. |
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Reason for Request: |
A loophole exists in the existing language which permits a person dividing his/her property to do so without purchasing publicly treated water, delivered to the site by a public infrastructure (such as water lines, meters, etc.).
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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 would close the existing loophole which permits a property divider to obtain water in any way as long as it is obtained from a publicly treated supply. The language will specify that the water must be Publicly Treated Water obtained from a Public Water Supply and conveyed or delivered by public infrastructure.
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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 language corrects an error in the code. The intent of these code sections was to require those dividing their property to purchase publicly treated water from a publicly water supply (i.e. a municipality or rural water district) and that the water be conveyed via public infrastructure (i.e. a water meter/water line). The current language does not specify this and therefore allows those dividing their property to purchase their water from a public water supply and deliver it by alternate methods. 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 and the stated purpose of the Development Code. The amendment is consistent with Chapter 5 of Horizon 2020 in regards to the Lawrence Urban Growth Area (page 5-5). Both of these sections link residential development to availability of water meters. The amendment will require the availability of a water meter purchased from a rural water district in order to approve a Certificate of Survey in Lawrence’s Urban Growth Area. This protects, enhances and promotes the health, safety and general welfare of the citizens of Lawrence and Douglas County. |
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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 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.
(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:
(iii) Utility –
Water. All Residential
Development Parcels shall obtain water Publicly Treated Water from a publicly
treated water source, delivered through a water meter.
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.
(vii) Utility - Water.
Each Residential Development Parcel All Residential Development
Parcels shall obtain Publicly Treated Water water from a publicly
treated water source , delivered through a water meter.
The purpose of this administrative process is to provide a more economical and efficient procedure for the adjustment of platted lot lines in developed areas through a Resubdivision procedure, where an adjustment involves little or no expansion of the public infrastructure. The Minor Subdivision process allows for a one-step Resubdivision approval process with final action by the Planning Director.
A lot or group of lots submitted as a Minor Subdivision shall be approved if all of the following criteria are met:
(5) The Owner shall provide written documentation for splits or combination of lots in the unincorporated area of the County to the Planning Director providing proof that the proposed Lots will have:
(i)
Access to a publicly
treated water source Publicly Treated Water, delivered through a
water meter;
and,
(ii) Test holes for an On-site Sewage Management System have been reviewed and approved by the Director of Lawrence/Douglas County Health Department.
(1)
Before approval
of a Final Plat or Certificate of Survey within
Lawrence’s Urban Growth Area that will not be served by the City of Lawrence
utilities, the Subdivider shall provide written documentation to the Lawrence-Douglas
County Health Department and the Lawrence-Douglas County Metropolitan
Planning Department that a Publicly Treated Water supply Publicly Treated Water, delivered through a water
meter is available to and will be is provided for all Lots.