Memorandum

City of Lawrence

Planning & Development Services

 

TO:

David L. Corliss, City Manager

FROM:

Mary Miller, Planning Staff

DATE:

For May 20, 2014 City Commission meeting

RE:

Condition of approval requiring platting prior to publication of rezoning ordinances for rezonings associated with the Bauer Farm Development.

 

Portions of the Bauer Farm Planned Development have had rezonings approved which have not yet had ordinances published due to conditions of approval not being met. Staff requests that the condition of approval which requires that a final plat be filed with the Register of Deeds before the rezonings may become effective be removed.

 

Background

The portion of Bauer Farm Development which lies east of Champion Lane was rezoned from the A (Agricultural) District to PRD-2 (Planned Residential Development with maximum density of 15 dwelling units per acre with the adoption of rezoning ordinance No 7757 in March of 2004.

 

Rezoning to PRD-3 (Z-6-08-07). (Figure 1)  The City Commission approved a rezoning request for a portion of this property from the PRD-2 to PRD-3 (maximum density of 25 dwelling units per acre) at their August 28, 2007 meeting subject to the following conditions:

1)    Approval of a Preliminary Development Plan.

2)    Filing of a Final Plat for the property at the Register of Deeds Office.

 

The City Commission approved a Preliminary Development Plan for the Bauer Farm Development at their January 10, 2006 meeting.

 

A Final Plat was recorded for the northeast portion of the property which was developed with a retirement facility; however, the remainder of the property remains unplatted.

 

Rezoning to POD (Z-3-16-05). (Figure 1) The City Commission approved a rezoning request for a portion of the property from the PRD-2 to POD (Planned Office District) at their January 10, 2006 meeting subject to the following conditions:

 

  1. Approval of a Preliminary Development Plan; including approval of a downstream wastewater analysis per Section 21-706(d);
  2. Filing of a Final Plat for the property at the Register of Deeds Office; and
  3. No building permit will be issued until the W. 6th Street Project is substantially completed.

 

The City Commission approved a Preliminary Development Plan for the Bauer Farm Development at their January 10, 2006 meeting.

 

A Final Plat has not been filed with the Register of Deeds Office for this property.

 

                   Area which CC approved for rezoning from PRD-2 to PRD-3 (8/28/07)

 


                   Area which CC approved for rezoning from PRD-2 to POD (1/10/06)

Figure 1.  Areas with approved rezonings but unpublished ordinance.

 

 

POLICY CHANGE REGARDING PLATTING REQUIREMENT FOR REZONING

It had been the Planning Office’s policy to hold rezonings until a final plat was recorded so the legal description in the ordinance could reference a platted lot rather than contain a metes and bound description. While platted property provides a simpler legal description for the ordinance, having the rezoning in a ‘pending’ status creates other issues. A principal issue is that the zoning map does not accurately represent the rezonings which have been approved.

 

This policy has been changed so that rezoning ordinances are published and the rezoning goes into effect following City Commission approval, rather than being contingent upon the recording of a final plat. In order to maintain consistency, staff is working to identify any remaining rezonings which  have been approved pending recording of a final plat and will bring rezoning ordinances to the City Commission for adoption so the Zoning map will accurately represent those rezonings which have had City Commission approval. This will provide more accurate information for developers, property owners, and residents and potential residents on the future plans and possible land uses in the area.

 

Action Requested

Approve the removal of the condition requiring filing of a final plat with the Register of Deeds Office prior to publication of the rezoning ordinance for the following rezonings:

and direct staff to prepare rezoning ordinances for first and second readings at future commission meetings.