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PLANNING COMMISSION
REPORT Regular Agenda -- Public Hearing Item |
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PC Staff
Report 10/22/07 ITEM NO. 13: AMENDMENTS TO ARTICLE 8 DEVELOPMENT
CODE (JCR) TA-09-21A-07: Consider amendments to Section 20-804(c)(1)(viii)
(Subdivision Regulations) of the Development Code to clarify that access
shall be taken from a hard surfaced road.
Initiated by the Board of TA-09-21B-07: Consider amendments to
Section 20-805(c)(1)(iv) (Subdivision Regulations) of the Development Code to
clarify that access shall be taken from a hard surfaced road. Initiated by the Board of TA-09-21C-07: Consider amendments to
Section 20-808(c)(2) (Subdivision Regulations) of the Development Code to clarify
that access shall be taken from a hard surfaced road. Initiated by the Board of TA-09-21D-07: Consider amendments to
Section 20-815 (Subdivision Regulations) of the Development Code to define
the terms “ |
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RECOMMENDATION:
Staff recommends the Planning Commission
forward a recommendation for approval of the proposed revisions [TA-09-21-07]
to Section 20-804(c)(1)(viii), 20-805(c)(1)(iv), 20-808(c)(2), and 20-815 of
the Development Code, to the City Commission and Board of County
Commissioners. |
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Reason
for Request: |
In applying the Subdivision
Regulations, a number of issues have been identified which require revisions
to the text adopted. Adoption of the
initiated revisions will improve the implementation of the Subdivision
Regulations. TA-09-21A-07 to TA-09-21D-07 represents specific amendments to
Article 8 as outlined below. |
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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 clarify the condition
of roads which lots and Residential Development Parcels must take access from. The current language simply states that
access must be taken from a hard surfaced road, but no definition for what
qualifies as a hard surfaced road is provided. The revisions will add a definition for
hard surfaced road as well as a definition for the County’s rock road
standard. |
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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 amendments correct an inconsistency
in the Subdivision Regulations. The
language states that access shall be taken from a hard surfaced road, yet
there is no definition or specification as to what a hard surfaced road
is. 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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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:
(viii)
Access. The Cluster
Development shall have direct access to a hard-surfaced road. When
the Cluster Development is located within the Lawrence Urban Growth Area or in
the UGA of a another city, the development shall have direct access to a road
that meets or exceeds the County’s Rock Road Standard. One access shall be
allowed for the entire development unless a separate access point is necessary
to allow access to the Future Development Area to prevent intrusion or damage
to the resources being conserved and protected.
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.
(iv) Development Parcel Access.
Each Residential
Development Parcel shall have direct access
to a hard surfaced road shall have
direct access to a road that meets or exceeds the County’s
(1)
Within the City of
(2)
Within the Unincorporated Area of the County, a platted Lot may be split into 2 Platted
Lots by
using the Minor Subdivision procedures of this section, provided that:
(i)
Each resulting
(ii)
The platted lot takes access from a hard
surfaced road
Term |
Definition |
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County’s Rock Road Standard |
Standards as delineated in Chapter IX of the Douglas |
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Hard Surfaced Road |
A properly constructed and maintained road surface with asphaltic
concrete, Portland cement concrete, or with chip sealed aggregate base. |
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