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PLANNING COMMISSION REPORT Regular Agenda -- Public Hearing Item |
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PC Staff Report 07/23/08 ITEM NO. 16A: AMENDMENTS TO SUBDIVISION REGULATIONS (MKM)
TA-06-10-08: Consider amendment to Section 20-806(d)(1), Subdivision Regulations, to clarify the number of RDPs that may be created based on the classification of the bounding roads. Initiated by County Commission June 23, 2008. |
ITEM NO. 16B AMENDMENTS TO SUBDIVISION REGULATIONS (MKM)
TA-12-26-07: Consider amendments to Section 20-806(b)(3) and 20-806(d), Subdivision Regulations, to clarify that a parent parcel may be divided to create 1 residential development parcel, and is not required to create 2 or 3 RDP’s. Initiated by the Planning Commission November, 26 2007.
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RECOMMENDATION: Staff recommends the Planning Commission forward a recommendation for approval of the proposed revisions [TA-12-26-07 and TA-06-10-08] to Sections 20-806(b)(3), 20-806(c)(1 and 2), and 20-806(d) of the Subdivision Regulations, to the Board of County Commissioners and the City Commission. |
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Reason for Request: |
To revise Section 20-806 to allow the creation of only one Residential Development Parcel (RDP) from a Parent Parcel and to clarify the number of RDPs that can be created from a Parent Parcel based on the type of roads bounding the property.
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RELEVANT GOLDEN FACTOR:
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING · No public comment has been received.
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OVERVIEW OF REVISIONS PROPOSED · TA-12-26-07. The proposed revision would reduce the number of Residential Development Parcels which are required to be created with each Certificate of Survey within the rural areas of the County and would permit one Residential Development Parcel to be created from a Parent Parcel. This would be more compliant with the recommendations in the Comprehensive Plan than the current process of requiring that a Parent Parcel be divided into at least two Residential Development Parcels. |
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The proposed text amendment corrects an inconsistency in the Subdivision Reguations. Sections 20-804 and 20-805 of the Subdivision Regulations contain the requirements for land divisions within the Urban Growth Area (UGA). These requirements do not set a minimum number of Residential Development Parcels that must be created with a Cluster Subdivision or a Large Parcel Property division; therefore, it is possible to create one RDP through a land division in the UGA. However, the current language in Section 20-806 requires that a Parent Parcel be divided to create Residential Development Parcels, which has been interpreted to mean that a minimum of two RDPs must be created with any Parent Parcel land division. Section 20-806(a) of the Subdivision Regulations provides the following information regarding the purpose of property divisions in the rural area: “Horizon 2020, the Comprehensive Land Use Plan, strongly encourages that residential development be located in the Lawrence Urban Growth Area, or the Urban Growth Areas of the other incorporated Cities’ in the County’. Currently, it is possible to create one Residential Development Parcel through the Certificate of Survey process within the UGA, but at least two Residential Development Parcels must be created with any residential land division for property located outside the UGA. This is inconsistent with the purpose stated in Section 20-806(a). TA-06-10-08. The maximum number of RDPs which may be created from a Parent Parcel depends on the classification of the bounding roads. The current language in the Subdivision Regulations state the number of RDPs that can be created when a property is bounded on one side by a road, or on 2 or more sides by local roads but are silent as to the number of RDPs possible when bounded on 2 or more sides if any of the roads are other than local roads. The County Commission indicated that it had been their intent to restrict the number of Resdential Development Parcels on property located on roads other than local roads. The proposed language clarifies the maximum number of RDPs that can be created and includes the restriction on property that is bounded by other than local roads. |
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HOW TO READ THE AMENDED TEXT New text is identified by bold, italic typeface whereas
deleted text is identified by |
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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 recognized 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 from the Parent Parcel through the
Certificate of Survey review process 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 may be created within the Rural Area 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 containing the area for the proposed Residential Development
Parcel(s) 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.
(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 Up to 3 individual Residential
Development Parcels may be created from a Parent Parcel, depending on the
classification of the full-maintenance roads bounding the property. Up
to 2 RDPs may be created in the following instances: If the Parent Parcel
is bounded on only 1 side by an existing full maintenance road a road
or the Parent Parcel is bounded on 2 or more sides by roads, and any of the
roads are other than local roads. Up to 3 RDPs may be created if the Parent
Parcel is bounded on 2 or more sides by local roads. 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
(2). Residential Development Parcels can be created through the Certificate of Survey Process 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.