Memorandum

City of Lawrence

Planning and Development Services

 

TO:

David L. Corliss, City Manager

 

FROM:

Sandra Day, AICP Planning Staff

 

CC:

Scott McCullough, Director Planning and Development Services

Amy Miller, Assistant Planning Director

Sheila Stogsdill, Planning Administrator

 

Date:

August 5, 2013

 

RE:

MS-13-00217 Deerfield Woods Subdivision No. 9

 

 

This memo summarizes the procedures for consideration of a variance from design standards of the Subdivision Regulations, specifically the requirement to provide sidewalks on both sides of public streets. The Planning Commission is charged with the review and approval of preliminary plats and of any variances from the Subdivision Design Standards. The City Commission’s role is to accept easements and rights of way and on occasion the vacation of same. The City Commission is also the action body when any appeal is made regarding a decision of the Planning Commission.

 

Minor Subdivision applications are administrative review items except that when a minor subdivision includes a request for a variance, the variance must be considered and approved by the Planning Commission.

 

During the processing of Deerfield Woods Subdivision No. 9, a question arose related to whether waiving the requirement for sidewalks on both sides of the street for Sherwood Drive and Sterling Drive with the replat application, streets that were developed under a code that did not require sidewalks on both sides of the street, meant that sidewalks would never be required to be installed.  Staff responded that future site planning, depending on the nature of the development, could trigger sidewalks, but agreed that the issue could and should be clarified with the replat application to set a clear expectation about meeting the requirement in the future. The proposed new lot is undeveloped and will need site planning in the future.

 

The Planning Commission, desiring to remove any ambiguity related to the requirement for future installation of a sidewalk on these streets, voted to allow the replatting of the property at this time, with a condition that future development of Lot 1 or major redevelopment of Lot 2 would require the construction of sidewalks along both Sherwood Drive and Sterling Drive. The applicant provided a revised drawing with a note acknowledging that the sidewalk variance was approved with the condition that “…sidewalks be installed on the entirety of both Sherwood Drive and Sterling Drive with either any new development on Lot 1 or any major development on Lot 2.”  This plat note implements the Planning Commission’s determination on the sidewalk variance.  The Planning Commission approved the applicant’s second variance related to right-of-way dedication as well.

 

The City Commission’s review on this application is to consider the vacation of a drainage easement within this property per the procedures of 20-808 (d) for MS-13-00217, Deerfield Woods Subdivision No. 9.

Applicable Code Citations

Per Section 20-811 of the Subdivision Regulations sidewalks and pedestrian ways are required on both sides of a public street. Sidewalks are commonly constructed concurrently with other public improvements such as streets, water and sanitary sewer lines.

 

Section 20-811 (c) Sidewalks and Pedestrian Ways

(1)    City of Lawrence and Urban Growth Areas

Sidewalks and Pedestrian Ways shall be provided in the City of Lawrence in accordance with the standards of this sub-section:

 (i) Public Sidewalks shall be installed on both sides of all Streets, as follows:

Street Type

Minimum Sidewalk Width (feet)

Local

5; Minimum width of 4 feet allowed in the Original Townsite Area

Collector

5

Arterial

6; A designated 10’ Bicycle/Recreation Path on one side of the Street and a 6’ Sidewalk on the other side

 

 

Section 20-811 (c)(iii) provide the applicant for a subdivision, including a minor subdivision, a process to request a variance for the requirement to construct part of or all of the sidewalk in the subdivision as part of the preliminary plat review in accordance with the variance procedures of the Subdivision Regulations set out in Section 20-813 (g).

 

Section 20-813 (g) grants the authority to the Planning Commission to consider variances to the Subdivision Regulations. The Planning Commission is required to evaluate the variance based on three specific criteria.

 

i)             Strict application of the regulations will create an unnecessary hardship upon the subdivider;

ii)            The proposed variance is in harmony with the intended purpose of these regulations and;

iii)           The public health, safety and welfare will be protected.

 

Section 20-813 (f) provides a process to accommodate anyone aggrieved by the Planning Commission’s decisions to appeal that decision to the Governing Body. In the case of a minor subdivision, the appeal of the Planning Commission’s actions is to the Lawrence City Commission.