Memorandum

City of Lawrence

Douglas County

Planning & Development Services

TO:	Planning Commission
FROM:	Sheila M. Stogsdill, Assistant Director
CC:	Scott McCullough, Director
Date:	For July 25, 2011 Commission Meeting
RE:	Item No. 3 - TA-3-3-10: Text Amendment to City/County Subdivision Regulations Update

In 2010, Staff began work on revisions to the City/County Subdivision Regulations to address issues requested by the Chamber of Commerce regarding processing steps between Preliminary and Final Plats. That work continues and has expanded to include consistency issues throughout Article 8. Staff held a work session with development consultants in June to review and discuss the proposed changes. A very productive meeting and several written comments have resulted in more revisions to address specific issues. Proposed revisions include ‘housekeeping’ items as well as more substantive changes.

The attached DRAFT is still a working document. A number of specific issues related to divisions of property in the Unincorporated Areas of the County have been identified and staff has begun to work through them. In this DRAFT, Sections 20-804, 805, 806 & 807 have been highlighted in grey with an indication that they are still under construction.

The majority of changes are listed in the overview below. The document still requires more formatting and defined terms need to be shown in Blue Font. Proposed text changes are shown in green or red font (bolding is not necessarily significant). Staff has identified several issues that are still outstanding through the comments in the right margins. We appreciate additional public comment and Planning Commission direction. At the meeting this month, Staff will walk through the proposed amendments and ask for comment. Action will occur at a future public hearing.

The following is an overview of the proposed revisions:

Housekeeping

1. Identified all defined terms in Blue Font

2. Readability – reformatted long paragraphs into outline list form

3. Addressed subdivision regulations applicability to non-conforming lots (still needs work)

4. Updated application materials to include electronic submission

5. Changed processing time to be consistent with number of days in Development Code

6. Updated terms to be consistent with the recent Sensitive Lands text amendment

7. Moved regulatory language in some definitions into relevant sections

8. Updated process/application info to reflect current practice (certificate of mailing not from Post Office)

9. Provided format and content consistency in Certificate of Survey sections by putting similar info in similar sections and moving application requirements to 807 rather than repeating in each section

10. Changed reference to Major Thoroughfares Plan to Major Thoroughfares Map

11. Added in notice requirements in 802 similar to what is in Article 13 in the Development Code

12. Provided the introductory language for the definitions section in 815 that is similar to Development Code and County Zoning Regulations text

Substantive Changes

1. Based on County Staff input, revised the parcel size allowed for Cluster Developments in 803 and either eliminate or restrict Large Parcel Property Divisions in 804 (this section has not been used in 5 years and requires direct access to county roads contrary to the adopted Access Management Policy) (still needs work)

2. Permit Replats through Minor Subdivision process, so all of them do not need to go back through 2-step process

3. Permit dedication or vacation of easements and r/ws by placing a Replat on a Governing Body agenda for acceptance/vacation

4. Require dedication of all perimeter r/w for a Preliminary Plat with the first Final Plat, if phased in 809(h) [in place of all easements and r/ws dedicated with Preliminary Plat]

5. Created provision for new ‘file’ copy of a revised Preliminary Plat [809(k)(4)] when revisions proposed on Final Plat are in substantial conformance with the approved Preliminary Plat [809(m)(2)(i)] and created criteria for determining substantial conformance

6. Added in step to take Final Plat to Governing Body for acceptance of easements and r/ws in overall process (rather than at Preliminary Plat stage)

7. Moved all of the Plat Contents to 809 so that the list is located with plat process rather than referring back to 812

8. Separated the Design Standards [810] from the Public Improvement Standards [811]

9. Modified process for annexation of r/w for boundary line roads through annexation agreements where full r/w is not under owner’s control

10. Identified where definitions are not consistent with definitions in the Development Code or County Zoning Regulations

11. Eliminated numerous terms defined in the definitions section but not used in the Article (several terms are listed with standard dictionary definitions and do not seem to be necessary)

Recommendation: Staff recommends that the Planning Commission receive public comment on the draft amendments and provide direction to Staff. Action on the proposed amendments will occur at a future public hearing.