Horizon 2020, the
Comprehensive Land Use Plan, strongly encourages that residential development
be located in the Lawrence Urban Growth Area or within the Urban Growth Areas
of the other incorporated Cities’ in the County. Horizon 2020 also recognizes
the need for suitable residential development in the Rural Area of
Douglas County.
When used in this Section, the following terms have the following meanings:
(1) Original Tract – shall be composed of a parcel or a combination of all adjacent parcels under a single ownership [not separated by public right(s)-of-way] that share common boundary lines, from which a Parent Parcel is created.
(2) Parent Parcel – a surveyed area, site or land division created for the sole purpose of a residential development action.
(3) Residential Development Parcel – a parcel created by the division of a Parent Parcel for the purpose of construction of one single-family residential dwelling unit and permitted accessory uses, buildings and structures.
(4) Rural Area – the area of the County lying outside the Urban Growth Areas of Lawrence, Baldwin City, Eudora and Lecompton.
Land located within the Rural Area may be divided into individual Residential Development Parcels according to the following requirements:
(1) The owner of the land must identify a tract of land, which shall be a minimum of 20 acres and take access to a full maintenance road, in accordance with this Section. The tract identified for division according to this sub-section shall be known as the “Parent Parcel”. The land from which the Parent Parcel is identified shall be known as the “Original Tract”.
(i) For purposes of determining compliance with the 20 acre minimum tract area, entire half of a quarter-quarter section (e.g. West ½ of the Southeast ¼ of the Southeast ¼) shall be deemed to be a 20 acre tract.
(ii) In calculating the size of a tract, the tract size shall be deemed to include ½ of the adjoining road right(s)-of-way or easements if such inclusion is necessary for the tract to conform to the applicable minimum tract size.
(iii) Proof is provided that no unpaid taxes exist on the subject property, in the form of a certificate or tax receipt, for all taxes and special assessments that are due and payable.
(2) To initiate a division of land according to this Section, the owner must submit an application to the Planning Director, on a form provided by the Planning Department accompanied by an original and 3 copies of a Certificate of Survey prepared in conformance with Section 20-807(d). The Certificate of Survey shall illustrate and identify the Original Tract on the location map. The Parent Parcel and Residential Development Parcels shall be identified by legal description and show all environmentally or geographically sensitive areas or sites of historic landmarks or historic features [refer to Section 20-810(j)].
(1) A Parent Parcel may be divided to create either 2 or 3 individual Residential Development Parcels. If the Parent Parcel is bounded on only 1 side by an existing full maintenance road it can have only one division, creating 2 individual Residential Development Parcels. If the Parent Parcel is bounded on 2 or more sides by existing full maintenance Local roads it can be divided 2 times, creating 3 individual Residential Development Parcels, only when the Planning Director finds: the property is being subdivided for single-family residential purposes; the division does not involve or result in the creation of any minimum maintenance or full maintenance new Roads or road rights-of-way or easements; and, the division is made in accordance with the requirements in this sub-section.
(ii) Development Access. Each Residential Development Parcel shall have direct access to a full maintenance road;
(iii) County Health Code Requirements. The applicant has provided evidence that each Residential Development Parcel will satisfy all applicable health and sanitation requirements of the Lawrence/Douglas County Health Department;
(iv) Grouping Divisions. When a Parent Parcel has previously been identified and filed of record from an Original Tract, any subsequent Parent Parcel identified from that Original Tract shall, where practicable, be located with one boundary line adjacent to the previously created Parent Parcel to encourage the grouping of Residential Development Parcels to facilitate the efficient provision of infrastructure and other public services.
(v) Minimum Frontage and Entrance Spacing Requirements. Each Residential Development Parcel must meet the minimum frontage and entrance spacing requirements established in the County’s Access Management Standards. The frontage and entrance spacing requirements are based on the classification of the road upon which the Residential Development Parcel is proposed to take access.
(vi) Minimum Road Right(s)-of-way. If the Original Tract/ Parent Parcel Division is located adjacent to public road right(s)-of-way that does not meet the minimum width standards of Section 20-810(d)(4) approval of the application for division of land pursuant to this Section 20-806 will be subject to the condition that the Subdivider dedicate, by separate instrument to the County, ½ the additional land necessary to bring the road(s) adjoining Original Tract/Parent Parcel to the required right-of-way standard based on the road’s classification established in the County’s Access Management Standards. All necessary Dedications shall be by separate instrument, satisfactory to the County Counselor, and filed with the Register of Deeds. No final action may be taken on the Certificate of Survey until this additional road right-of-way has been dedicated.
(vii) Building Envelope. When a Residential Development Parcel includes lands identified for Resource Preservation in Section 20-810(j), a Building Envelope is shall be required to be shown on the parcel and it shall not include the areas and sites identified for resource preservation. A Building Envelope is not required on a Residential Development Parcel that does not include lands within the categories identified for resource preservation in Section 20-810(j).
(viii) Conservation Easement. Land that is or contains the resources identified in Section 20-810(j), is encouraged to be made subject to a Conservation Easement or other conservation measure 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 by a separate legal instrument to a public or nonprofit organization that protects and preserves lands of ecological, scenic, historic, agricultural, or recreational significance in Kansas.
(2) With respect to any division made according to this Section, the subsequent Residential Development Parcels shall be considered parcels but shall not be considered Lots as defined in this Article. Each Residential Development Parcel shall be eligible for the issuance of building permits for one single-family dwelling and permitted accessory uses, buildings and structures. Use for any other purpose (other than agricultural use), construction of more than one single-family dwelling, or further division of the Residential Development Parcel shall be prohibited.
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.
The Planning Director is authorized to review and approve applications for land divisions made in conformance with Sections 20-804, 20-805 and 20-806, subject to the requirements of this Section. This administrative review procedure allows for an administrative approval process with final action by the Planning Director.
An application for a division of land submitted with a complete Certificate of Survey shall be considered for approval in the following circumstances:
(1) The proposed division meets the criteria of one of the types of division authorized by Sections 20-804, 20-805, or 20-806, for review in conformance with this Section.
(2) Residential Development Parcels are eligible for Certificate of Survey approval only one time within the Lawrence Urban Growth Area. An amended Certificate of Survey may be filed for property in the Lawrence Urban Growth Area, or within the Rural Area when it: includes the same land area as the original Certificate of Survey; and, when it meets the applicable requirements in Sections 20-804, 20-805 or 20-806.
(3) For the purpose of interpreting the applicability of the Certificate of Survey administrative review procedure, any proposed development or division of land, which the Planning Director determines is intended to evade the Major Subdivision procedures of Section 20-809 because it would result in a de facto Major Subdivision through the combination of previous contiguous Certificates of Survey, is not eligible to use the Certificate of Survey administrative review procedure.
(4) Proof is provided that no unpaid taxes exist on the subject property, in the form of a certificate or tax receipt, for all taxes and special assessments that are due and payable.
Applications for Certificate of Survey administrative review procedure shall be submitted to the Planning Director in conformance with the general requirements of Section 20-802 and any specific requirements provided in this Article.
A Certificate of Survey shall comply with the following requirements:
(1) The Certificate of Survey shall be legibly drawn on Mylar with permanent ink or printed or reproduced by a process guaranteeing a permanent record shall be a minimum size of 11 inches by 17 inches;
(2) The Certificate of Survey shall show or contain on its face the following information; provided, however, that the licensed Land Surveyor may, at his or her discretion, provide additional information regarding the survey:
(i) A title or title block including the quarter-section, section, township, range and principal meridian in which the surveyed land is located. A Certificate of Survey shall not bear the title “plat,” “subdivision” or any title other than “Certificate of Survey;”
(ii) A note stating “This Certificate of Survey was not prepared for the purpose of the platting of land. No further divisions of the parcels created by this survey shall occur until the property is subdivided in accordance with all applicable Subdivision Regulations of Douglas County or the city into which it is annexed.”;
(iii) The name(s) of the person(s) who own the land and who commissioned the survey and the names of any adjoining platted subdivisions;
(iv) The date the survey was completed;
(v) A north arrow;
(vi) A written and graphic scale. (The scale must be one inch equals 30 feet or less);
(vii) A narrative legal description of the property surveyed, including a benchmark or other vertical reference point tied to the United States Geological Survey;
(viii) A location map showing the property surveyed in relation to property ownership lines within the same section and the nearest existing public right(s)-of-way;
(ix) The dimensions and locations of all of the parcels indicated on the survey, including dashed lines to depict the future urban lot layout in the Build Out Plan. This requirement is not applicable to Section 20-806;
(x) A numbering system or other clear and simple method of identifying each parcel within the Certificate of Survey;
(xi) The location and width of public right(s)-of-way, existing and proposed;
(xii) The location of any easements, existing and proposed;
(xiii) The dimensions of all existing Structures in relation to existing and proposed parcel lines, and based on the future lot layout shown in the Build Out Plan;
(xiv) Building Envelopes, when required, shall be shown for every Residential Development Parcel and shall not include lands identified as environmentally or geographically sensitive areas or the sites of historic landmarks or historic features;
(xv) Except for divisions made in conformance with Section 20-806, Building Envelopes shall be designed to allow for the placement of rural residences on parcels that will facilitate future further subdivision of the Residential Development Parcel into city-sized urban lots;
(xvi) A note stating the specific Section [20-804, 20-805, or 20-806] pursuant to which the division is being made;
(xvii) Restrictive covenants or Conservation Easements required by the proposed division shall be noted book and page number in which the covenants or Conservation Easement are recorded;
(xviii) The signature of the Owner, properly acknowledged;
(xix) The dated signature and seal of the Kansas licensed land surveyor responsible for the survey along with a note stating: “This survey complies with the Kansas Minimum Standards for Boundary Surveys”;
(xx) A line on the survey for the review date and signature of the County Surveyor beneath a note stating: “Reviewed in compliance with K.S.A. 58-2005”;
(xxi) A line for the approval date and signature of the Planning Director under a note stating: “Approved as a Certificate of Survey under the Subdivision Regulations of the City of Lawrence & the Unincorporated Area of Douglas County”; and
(xxii) A line for identification of book and page of the Register of Deeds filing information.
An application for a division requiring an approved Certificate of Survey shall be approved if, and only if, it meets all of the following criteria:
(1) The proposed division meets the requirements for a division of land under Sections 20-804, 20-805 or 20-806, as applicable;
(2) The Certificate of Survey meets all of the requirements of this Section;
(3) The proposed Residential Development Parcels and all other aspects of the proposed Certificate of Survey conform with the current Comprehensive Plan of Lawrence and Douglas County or, where applicable, the comprehensive plan of another city in Douglas County;
(4) The Certificate of Survey conforms to the County’s Access Management Standards and does not preclude or interfere with the subsequent logical continuation of any Street/Roads shown thereon affecting the land included in the proposed Certificate of Survey. If additional right-of-way is needed to meet the minimum required for the classification of road accessed by the development in the Certificate of Survey, the Certificate of Survey review process shall be suspended for up to 90 days to allow for dedication by separate instrument of the necessary right-of-way. If the criteria for review are not met by the end of the suspension period, this shall be sufficient cause for rejecting an application for a Certificate of Survey;
(5) The proposed Certificate of Survey is consistent with any conditions imposed on any previous division of any part of the same land; and
(6) The proposed Certificate of Survey complies with the Kansas Minimum Standards for Boundary Surveys.
(1) The General Review and Approval Procedures set forth in Section 20-802 shall apply to all applications under this Section.
(2) Upon receipt of a complete application, the Planning Director shall review the application for conformance with applicable regulations.
(3) The Planning Director shall conduct the review of the application within 30 days of receipt of the complete application. If the Planning Director finds that the Certificate of Survey conforms to all of the standards set forth in this Article, the Director shall sign and indicate on an original copy of the Survey “Approved as a Certificate of Survey under the Subdivision Regulations of the City of Lawrence & the Unincorporated Area of Douglas County” with the date of approval.
(4) If the Planning Director finds that the Certificate of Survey fails in any way to conform to the standards set forth in this Article or that the proposed division is not eligible for administrative approval pursuant to this Section, the Planning Director shall refuse to approve the proposed Certificate of Survey and shall notify the Applicant by letter, within the 30 day review period, of the reason(s) for that refusal. If the deficiency or other reason for denial can be cured through action of the Applicant, the Applicant may submit a revised application and Certificate of Survey within 45 days after receipt of the letter and shall not be required to pay an additional fee.
(5) If approved, the Certificate of Survey shall be recorded by the Planning Director with the Douglas County Register of Deeds. A copy shall be kept by the Planning Director, and a copy shall be furnished to the Applicant and to the County Zoning & Codes office.
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 for 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 Agreement(s). 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.
(1) An amendment to an approved Certificate of Survey shall:
(1) Upon the approval or denial of an application for a division of land under Sections 20-804, 20-805 or 20-806 a party aggrieved by the Planning Director’s decision may appeal that decision to the Board of County Commissioners. To have standing to make an appeal, the party must have been the Applicant or an owner of property within ¼ mile of the land that is the subject of the decision.
(2) The Planning Director shall provide written notice of the filing of an appeal setting forth the subject of the appeal, the time and place and when the appeal shall be heard. The notice shall explain that there will be an opportunity to present evidence to the Board of County Commissioners and it shall be mailed to the Applicant and all owners of property within ¼ mile of the land that is the subject of the appeal.
(3) The County Commission shall set a hearing date for the appeal that is at least 15 days after written notice is sent to the appellant. The appellant shall have the burden of establishing by clear and convincing evidence that the Planning Director’s decision was incorrect.