Memorandum

City of Lawrence

Planning & Development Services

TO:	David L. Corliss, City Manager
FROM:	Scott McCullough, Director
Date:	June 6, 2011
RE:	Environment Chapter

This memo provides responses to questions (summarized) that staff fielded from the local media on the Environment Chapter.  Staff believes the City Commission would benefit from the responses as well.

Confirm that the Environmental Chapter wouldn't create any new regulations but would call for some new regulations to be created.  Confirmed.  The chapter does not create regulations.  Several policies of the chapter contain direction to create regulations and incentives as ways to implement the policy.

Confirm that if the chapter is approved the list of new regulations that would need to be created would be put on Planning’s work list and as time and funding became available, Planning would start the process for adoption. The regulations then would go to the city, the county or both, depending on what they were.  Confirmed.  This would be the process typical of implementing any chapter of H2020.

Provide a better understanding of some of the potential major regulations that could emerge. Several were listed on the most recent staff memo:

      • Stream setback ordinance: This would be about regulations related to how close you could develop next to streams. Would it do something more than existing floodplain regulations?  Yes.  Such a regulation would exceed the standards of the floodplain regulations, in most instances, assuming that the regulation would preclude development in an established buffer area adjacent to the stream.  Floodplain standards do permit development and aim at reducing risks associated with flooding.  The proposed stream setback standards would aim to stabilize stream banks, reduce erosion, preserve riparian areas, ensure water quality as well as mitigate flood hazards, arguably issues that are not specifically addressed by the floodplain regulations.

      • Wetlands protection: These would be over and above the federal regulations that are related to wetlands? Is it fair to say this would create more stringent protections for wetlands than federal law? I'm assuming they can't be less stringent.  A regulation, if adopted, would not be less stringent than the federal regulations.  This is a policy, like others, that contains language to provide incentives to encourage protection.  Details of any proposed regulation would need to be developed in the future.

      • Woodland and urban forestry protection: My understanding of Lawrence law today is that if you own the land a tree is on, you can cut down that tree. Would this contemplate limiting a landowner's ability to do that?  Regulations exist today in the city and county that require certain sensitive land features to be protected and set aside free of development but only up to a certain limit and only for certain types of development.  In most instances, an owner of a private residence controls the tree.  If one owns property that has been site planned to contain protected areas, then that area, be it woodland or another environmentally sensitive feature, would be controlled via the site plan.  Today that includes residential uses but not commercial or industrial uses. An expansion of the existing regulation would be necessary to further limit an owner’s control over environmentally sensitive features.

      • Natural habitat protection: What is an example of natural habitat?  We consider natural habitat to be plant and wildlife habitat that is basically undisturbed and undeveloped.  Riverfront Park is an example of natural habitat, but also any private property that contains sensitive land features.

Are we talking about habitat for wildlife or what?  Plants and animals.

      • Reduce mercury emissions: Who might this impact? Who emits mercury? Would it impact the power plant? This could impact industrial producers.  More research is necessary to learn of the impacts to specific producers.

Why does the Planning Office think the chapter has value? Horizon 2020 requires us to strive for the sustainability of our physical environment, both natural and built, as well as maintain a sustainable economy.  The Environment Chapter builds upon this primary goal stated in Chapter One of the comprehensive plan by articulating specific ways to ensure this is accomplished as the community grows.