SUBDIVISION REGULATIONS
City of Lawrence, Kansas
And
Unincorporated Areas
of Douglas County
Kansas
D R A F T
January 26, 2006
September 2006
Staff recommended changes are in small caps.
Planning
Commission recommended changes are in red text or red strike
through.
Gray outlined text is where revisions are needed to resolve conflicts
between proposed and original draft text.
20-801 General...................................................................................................... 4
(a) Purpose and Intent....................................................................................... 4
(b) Jurisdiction................................................................................................... 6
(c) Applicability.................................................................................................. 6
(d) Exemptions.................................................................................................. 6
(e) Vested Rights............................................................................................... 7
20-802 General Review and Approval Procedures............................................... 8
(a) Authority to File Applications.......................................................................... 8
(b) Form of Application....................................................................................... 8
(c) Pre-application Meetings............................................................................... 8
(d) Application Processing Cycles......................................................................... 8
(e) Application Review and Recording fees........................................................... 9
(f) Application Completeness, Accuracy and Sufficiency......................................... 9
(g) Applications Containing Technical Deficiencies................................................. 9
(h) Applicability................................................................................................ 10
20-803 Property Divisions in Service Area 1, Lawrence Urban Growth Area... 10
(a) Prerequisite to Development........................................................................ 10
(b) Procedure Required.................................................................................... 10
20-804 Conservation-Cluster Developments in the Urban Growth Areas.......... 10
(a) Purpose..................................................................................................... 10
(b) Applicability................................................................................................ 11
(c) Immediate Development Acreage and Future Development Acreage................ 11
(d) Notice to Nearby Property Owners...................................................... 14
(e) Conservation-Cluster Developments – After Annexation.................................. 15
(f) Application................................................................................................. 15
(g) Administrative Review................................................................................. 16
20-805 Large Parcel Property Divisions in Urban Growth Areas....................... 16
(a) Purpose..................................................................................................... 16
(b) Applicability................................................................................................ 16
(c) Immediate Development Area and Future Development Area.......................... 17
(d) Restrictive Covenants.................................................................................. 20
(e) Notice to Nearby Property Owners...................................................... 20
(f) Application................................................................................................. 21
(g) Administrative Review and Consideration Procedures..................................... 22
(h) Developable Acreage and Development of Future Development Area................ 22
(i) Large Parcel Property Divisions Not Made in
Accordance with 20-805(a)-(g)..... 22
20-806 Property Divisions in the Rural Area (Outside the UGAs)...................... 23
(a) Purpose..................................................................................................... 23
(b) Definitions.................................................................................................. 24
(c) Applicability................................................................................................ 24
(d) Parent Parcel Division.................................................................................. 25
(e) Property Divisions Not Made in Accordance with
20-806(a) through (e)............ 27
20-807 Certificate of Survey, Administrative Review Procedures..................... 28
(a) Purpose..................................................................................................... 28
(b) Authority.................................................................................................... 28
(c) Applicability................................................................................................ 28
(d) Application................................................................................................. 28
(e) Requirements and Material to be Included.......................................... 28
(f) Criteria for Review...................................................................................... 30
(g) Review and Action by the Planning Director................................................... 31
(h) Appeals Process for Sections 20-804, 20-805 and 20-806............................. 31
20-808 Minor Subdivisions................................................................................... 32
(a) Purpose..................................................................................................... 32
(b) Authority.................................................................................................... 32
(c) Applicability................................................................................................ 32
(d) Criteria for Review...................................................................................... 33
(e) Application................................................................................................. 34
(f) Review and Action by the Planning Director................................................... 35
20-809 Major Subdivisions................................................................................... 36
(a) Purpose..................................................................................................... 36
(b) Applicability................................................................................................ 36
(c) Applications and Procedures........................................................................ 36
(d) Criteria for Review...................................................................................... 36
(e) Preliminary Plat – Application....................................................................... 37
(f) Review and Action by the Planning Commission............................................. 37
(g) Phasing for Final Plats................................................................................. 38
(h) Effects of Approval by the Planning Commission............................................. 39
(i) Preliminary Plat – Review and Action by Governing Body................................. 39
(j) Preliminary Plat Expiration........................................................................... 40
(k) Final Plat – Application................................................................................ 40
(l) Final Plat – Review by Planning Director........................................................ 41
(m) Signatures on Final Plat............................................................................... 42
(n) Processing After Approval of Final Plat.......................................................... 42
20-810 Subdivision Design Standards................................................................. 43
(a) General...................................................................................................... 43
(b) Frontage and Access................................................................................... 44
(c) Blocks........................................................................................................ 44
(d) Streets...................................................................................................... 45
(e) Street Names and Lot and Block Numbering................................................... 51
(f) Easements................................................................................................. 51
(g) Parks, Open Space Schools and Other Public Facilities.................................... 53
(h) Land In Floodplain Overlay District................................................................ 53
(i) Resource Preservation – City of Lawrence..................................................... 53
(j) Resource Preservation – Unincorporated Area of the County........................... 53
(k) Soils and Soil Testing........................................................................... 54
20-811 Public Improvements............................................................................... 54
(a) Public Improvement (Construction) Standards................................................ 54
(b) Streets...................................................................................................... 55
(c) Sidewalks and Pedestrian Ways................................................................... 55
(d) Wastewater Disposal Systems...................................................................... 57
(e) Water Supply............................................................................................. 58
(f) Telephone, Cable Television Electrical Lines.................................................. 58
(g) Street Trees............................................................................................... 59
(h) Completion of Public Improvements.............................................................. 64
(i) Escrow Deposit........................................................................................... 65
(j) Irrevocable Letter of Credit.......................................................................... 66
20-812 Contents of Plats..................................................................................... 66
(a) Preliminary Plat.......................................................................................... 66
(b) Final Plat.................................................................................................... 70
20-813 Administration and Enforcement............................................................ 72
(a) Planning Department Powers and Duties....................................................... 72
(b) Planning Commission Powers and Duties....................................................... 72
(c) Dedications................................................................................................ 73
(d) Building Permits.......................................................................................... 73
(e) Appeals..................................................................................................... 73
(f) Variances................................................................................................... 74
(g) Design Variances for Planned Unit Development............................................. 75
(h) Enforcement and Penalties........................................................................... 75
(i) Violations................................................................................................... 75
(j) Penalties; Remedies.................................................................................... 75
20-814 Building Setbacks, Enforcement, Exceptions........................................... 77
(a) Building or Setback Lines On Major Streets or Highways................................. 77
(b) Exceptions.................................................................................................. 77
(c) Appeal – Setback..................................................................................... 77
(d) Enforcement........................................................................................... 78
(e) Interpretation....................................................................................... 78
20-815 Interpretations, Rules of Construction and Definitions.......................... 78
(a) Interpretation and Rules of Construction........................................................ 78
(b) Definitions.................................................................................................. 78
(1) The purpose of the Subdivision Regulations of this Article is to ensure that the Division of land, which, in many instances, is an initial step in urbanization, will serve the public interest and general welfare. Since the allocation and arrangement of parcels of land for both private uses and public uses helps to influence the health, safety, economy, livability, and amenities of an area, these regulations are intended to:
(i) provide for the harmonious and orderly Development of land within the City and the Unincorporated Area of Douglas County by making provisions for adequate open space, continuity of the transportation network, recreation areas, drainage, utilities and related Easements, light and air, and other public needs;
(ii) contribute to conditions conducive to health, safety, aesthetics, convenience, prosperity, and efficiency; and
(iii) provide for the conservation and protection of human and natural resources.
(2) The Subdivision Regulations of this Article are designed, intended and should be administered to:
(i)
ensure that Development in the City and in the Unincorporated Area of
Douglas County is in accordance with the Comprehensive Plan; any adopted Area Plans, watershed/sub-basin plans, sector or neighborhood plans covering
the subject Subdivision; the applicable Zoning Regulations enacted
to implement those plans; and the Lawrence/Douglas
County MPO Transportation Plan;
(ii) provide for the conservation of existing neighborhoods and facilitate the development of new neighborhoods;
(iii) prevent the Development of substandard Subdivisions and blighted areas that will be a detriment to the Community;
(iv) coordinate the Development of each parcel of land with the existing Community and facilitate the proper development of adjoining land;
(v) provide adequate and accurate records of all land Divisions;
(vi) ensure that the cost of Improvements, which benefit primarily the tract of land being developed, be borne primarily by the Owners or Developers of the subject tract, and that the cost of Improvements that provide benefits to the subject tract and the Community as a whole be shared by the Developer and the Community;
(vii) ensure that Subdivisions are designed and developed in a manner that is consistent with all applicable Flood protection and stormwater management regulations and other applicable land use and Development regulations of Lawrence and Douglas County;
(viii) provide for the efficient arrangement and orderly location of Street/Roads;
(ix)
encourage the reduction of
vehicular congestion and support multi-modal transportation and design
standards in a manner that supports multi-modal transportation;
(x) provide for the reservation or Dedication of lands for open space and other Community facilities;
(xi)
require the provisions of
off-site and On-Site Public
Improvements that are necessary to
serve land being developed; and
(xii) provide for any other services, facilities and Improvements deemed necessary to serve land being developed; and
(xiii) establish building envelope lines.
(1) The Subdivision Regulations of this Article shall apply to all lands within the City of Lawrence and the Unincorporated Area of Douglas County.
(2) In some cases, different standards are established for lands within the City, the Urban Growth Areas and the Rural Area. Unless otherwise expressly stated, however, all regulations and standards of this Article shall apply with equal force to land located in incorporated and Unincorporated Areas.
Unless expressly addressed as an exemption in Section 20-801(d) below, no Lot, tract or parcel of land shall be divided into two or more parts for the purpose of sale, transfer or Development, whether immediate or future, except through the procedures and in accordance with the standards set forth in this Article. For property within the incorporated City of Lawrence, no building permit shall be issued unless the property is platted. If subdivision is required within the City of Lawrence, than the Subdivider shall plat all of their contiguously owned lands that are not platted.
(1) The purpose of this sub-section is to list specifically those divisions and transfers of land that are entirely exempt from regulation under this Article. This sub-section shall be strictly construed, so that any transaction failing in any way to meet one, or more, of the requirements for exemption shall be subject to the full effect of this Article.
(2) The following divisions and transfers of land are exempt from the requirement that divisions of land occur only in accordance with the standards and procedures set forth in this Article and may be accomplished by deed or other instrument of transfer without any reference to this Article:
(1) A division of land created in conformance with this Article, or with the previously adopted Subdivision Regulations that has been maintained in individual Ownership (except as provided in Section 20-801(e)(3)) shall remain lawfully existing, retaining established rights to issuance of a building permit. Such legally created division of land shall not be subject to further review under this Article; unless or until this previous division of land is further divided pursuant to this Article.
(2) A Lot of Record created before the Effective Date of this Article in the City of Lawrence that has been maintained in individual ownership, may be used for residential purposes for a single-family home or for another use that is allowed in the City’s UR (Urban Reserve) District without further review under this Article, until such Lot of Record is further subdivided.
A Lot of Record or a division of land lawfully created within the A (Agricultural), A-1 (Suburban-Home Residential , District in the Unincorporated Area of Douglas County before the Effective Date of this Article, that has been maintained in individual ownership, may be used for residential purposes for a single-family home or for another use allowed within the A (Agricultural District), without further review under this Article, until such lot of record or division of land is further subdivided[LMF2]
(3) Upon the recording of a Final Plat, development rights in land covered by that Plat shall vest in accordance with K.S.A. 12-764. This vesting shall be effective only so long as the same general category of residential uses is continued; any significant change of use shall subject the property to additional review and the applicability of additional regulations, which may affect some rights that are vested as to the particular use and the particular pattern of development. The development rights for a single-family residential subdivision shall expire in accordance with K.S.A. 12-764(a).
Unless otherwise expressly stated, applications for review and approval under this Article may be initiated by (1) all the Owners of the property that is the subject of the application; or (2) the Landowners’ authorized Agent.
Applications required under these Subdivision
Regulations shall be submitted in a form and in the numbers of copies
required by the official responsible for accepting the application. Officials
responsible for accepting applications shall develop checklists of application
submittal requirements and make those checklists available to the public.
Application forms and checklists of required submittal information shall be
available in the office of the official responsible for accepting the
application. The application also shall contain all materials required by:
Section 20-807(b) (d) for Certificate of Survey applications; Section 20-812(a)
for Preliminary Plat applications; or Section 20-812(b) for Final Plat
applications, whichever is applicable.
(1) All Applicants submitting applications for approvals required by this Article must attend a pre-application meeting with Planning Staff. Pre-application meetings are also required whenever the provisions of this Article expressly state that they are required. Pre-application meetings shall be scheduled by the Applicant to allow adequate time to review and respond to issues raised at the pre-application meeting. The meeting shall occur at least 7 working days before submitting an application.
(2) All other Applicants are encouraged to arrange a pre-application meeting with Planning Staff. The Planning Director will provide assistance to Applicants and ensure that appropriate Planning Staff members are involved in pre-application meetings.
Officials responsible for accepting applications may, after consulting with review and decision-making bodies, promulgate processing cycles for applications. Processing cycles may establish:
(1) the official date upon which a completed application was submitted;
(2) deadlines before consideration;
(3) dates of regular meetings;
(4) the scheduling of Staff reviews and Staff reports on complete applications; and,
(5) any required time frames for action by review and decision-making bodies.
Applications shall be accompanied by the review and recording fee
amounts that have been established by the applicable Governing Body,
as applicable. Fees are not required with applications initiated by review
or decision-making bodies. Application review fees are nonrefundable.
(1) An application will be considered complete and ready for processing only if it is: submitted in the required number and form; includes all required information; and, is accompanied by the required fees.
(2) Within seven (7) working days of application filing, the Planning Director shall determine whether the application includes all information required by these Subdivision Regulations. If an application does not include all of the required information, it will be deemed incomplete. If an application includes all of the required information, it will be deemed complete. Written notice of the incompleteness and the specific information lacking shall be provided to the Applicant or the Applicant’s Agent within two (2) working days of a determination.
(3) No processing of incomplete applications shall occur and incomplete applications will be removed from the processing cycle. When the deficiencies are corrected, the application will be placed in the next processing cycle. If the deficiencies are not corrected by the Applicant within 60 days, the application will be considered withdrawn. No refund of a review fee shall be made for applications that are withdrawn.
(4) Applications deemed complete will be considered to be in the processing cycle and will be reviewed by Planning Staff and other review and decision-making bodies in accordance with the procedures of these Subdivision Regulations.
(1) The Planning Director may require that applications be revised before being placed on the agenda of the Planning Commission or Governing Body, if the Planning Director determines that:
(i) the application contains one or more significant inaccuracies or omissions that hinder timely or competent evaluation of compliance with this Article;
(ii) the application contains multiple minor inaccuracies or omissions that hinder timely or competent evaluation of compliance with this Article;
(iii) the application cannot be approved without a variance or some other change or modification that the decision-making body for that application does not have the authority to grant or approve. This determination shall be made in written form to the applicant. If the determination is based on this sub-section (iii), it shall include an explanation of what variance, change or modification would be required to allow approval of the application.
(2) Applications that contain the aforementioned types of inaccuracies or that substantially fail to comply with this Article shall be revised before they will be placed on an agenda of the Planning Commission or Governing Body.
(3) Action or inaction by the Planning Director under this section may be appealed to the appropriate Governing Body in accordance with Section 20-807(h) or Section 20-813(e) whichever is applicable.
Unless expressly exempted under Section 20-801(d), no Subdivision or Rural Residential Development may be created and no Certificate of Survey may be recorded with the Register of Deeds until the division has been approved in accordance with the applicable Review and Approval Procedures of this Article.
No division of land in Service Area 1 of the Lawrence Urban Growth Area shall be approved until the land proposed for division has been annexed into the City.
Upon annexation of land originally in Service Area 1 into the City of Lawrence, a proposed division of platted or unplatted land shall be processed and considered in accordance with the Minor Subdivision or Major Subdivision provisions of this Article, whichever is applicable.
The purpose of
this Section is to allow for an alernative administrative approval procedure to
Large Parcel Property Divisions in the Urban Growth Area for rural residential
development when it The
purpose of this Section is to allow for an alternative to conventional rural residential
development that may be administratively approved and that will: 1) preserve and maintain
environmentally or geographically sensitive areas; and, 2) preserve and
maintain the sites of historic landmarks or other historic features. The
clustering of development parcels within the Urban Growth Areas on less than 40 Acres is allowed when it
involves the dedication of a conservation easement to conserve and protect land
that is worthy of conservation. The Residential Development Parcels are
clustered to mitigate impact on the resources to be preserved and to anticipate
future development patterns for the resources to be preserved and to anticipate
future development patterns for the remainder of the property after annexation.
is allowed to accomplish an easier transition from rural development to an
urban scale and density of future development after annexation into a city. This
Section is designed to address the unique impacts on future development caused
by divisions of smaller parcels of land in the Urban Growth Areas, as those are
the areas expected to be absorbed into a City within the planning period of the
adopted Comprehensive Land Use Plan.
(1)
A division of a parcel of land
that is less than forty (40) acres in area, but at least twenty (20) acres
in area, and that is located in Service Areas 2-4, of Lawrence’s Urban Growth Area or in
another City’s Urban Growth Area, may be approved according to the Conservation-Cluster Development provisions
of this Section. In calculating the
size of a parcel, the parcel size shall be deemed to include one-half of the
adjoining road right(s)-of-way.
(2)
A division of a parcel land
that is less than forty (40) acres in area, but at least twenty (20) acres in area,
and that is located in
Service Areas 2-4,
of Lawrence’s Urban Growth Area,
or in another City’s Urban
Growth Area, but which is not made according to this Section, must be made in
conformance with the standards set forth in Section 20-805(h) or another city’s appropriate standards and pursuant to the procedures provided in Section 20-809, Major Subdivisions.
Lands divided pursuant to Section 20-804(b) shall be developed as a Conservation-Cluster Development and shall contain an Immediate Development Area and a Future Development Area in accordance with the following requirements.
(1) Immediate Development Area.
The Immediate Development Area of a Conservation-Cluster Development
shall not exceed sixty percent (60%) of the total acreage of the proposed
development. Residential Development Parcels and Street/Roads the cross access easements serving these
parcels shall be located only in the Immediate Development Area. Individual Residential Development
Parcels shall only take access from the
cross access easement and shall be laidout be located in a manner
that minimizes adverse impacts to the Future Development Area. Development of
the Immediate Development Area, to the greatest extent practicable, shall
conform to the following requirements:
(i) Minimum Parcel Acreage. The minimum Residential Development Parcel size shall be three (3) acres.
(ii)
The minimum Residential
Development Parcel size shall be :
a.
Three (3) acres; or
b.
One (1) acre; provided,
that each one acre Residential Development Parcel
shall be adjacent to two (2) acres, which are:
1.
subject to restrictive
covenant that requires this two (2) acre area to be used for the location of
lateral lines for an on-site sewage management system servicing the dwelling
located on the one acre parcel; and
2.
included in the Future
Development Area.
(iii) Location of Residential Development Parcels.
Within the Conservation-Cluster Development, each Residential Development Parcel shall be designed and developed in accordance with the requirements in this sub-section:
a. Clustered to take access from Cross Access Easements to minimize access points to the adjacent public right(s)-of-way.
1. Cross Access Easements shall be established by a separate legal instrument, acceptable to the County Counselor and the easement shall be dedicated to the County.
2.
Upon annexation
into a City, the
cross access easements shall be dedicated to the City, as public road
right(s)-of-way, to allow for construction of Street/Roads within them to meet the then current
city Street/Road standards.
b. Planned and laid out to allow for future subdivision OF the Residential Development Parcels into platted lots at an urban scale commensurate with the zoning subdivision regulations of the annexing city.
(iv) Utility – Water. All Residential Development Parcels shall obtain water from a publicly treated water source.
(v)
Access to Conservation Area. Future
Development Area. All Residential Development Parcels shall have direct
physical access to Conservation Area
the Future Development Area, either by being contiguous thereto or by a
dedicated pedestrian easement, as set forth in Section 20-810(f)(4).
(vi) Utility – Wastewater. All Residential Development Parcels shall have an on-site sewage management system approved by the Director of Lawrence/Douglas County Health Department or a connection to a wastewater disposal system approved by the Kansas Department of Health and Environment.
(vii) County Health Code Restriction in Floodplain. On-site sewage management systems shall be located outside the FEMA designated regulatory floodplain.
(viii)
Building Envelopes. The
Immediate Development Area shall not
contain any lands identified as worthy for Resource Preservation in Section
20-810(j). shall not contain any land identified in Horizon 2020 as
an environmentally or geographically sensitive area or the site of an historic
landmark or historic feature. The buildable area for each Residential
Development Parcel within the Immediate Development Area shall be defined by
Building Envelopes.
(ix) Access. The Conservation-Cluster Development shall have direct access to a paved road. One access shall be allowed for the entire development unless a separate access point is necessary to allow access to the Conservation Area to prevent intrusion or damage to the Resources being conserved and protected.
(x) Steep Slopes. The Building Envelopes of Residential Development Parcels shall not contain any slopes greater than fifteen percent (15%).
(xi)
Minimum Frontage and
Entrance Spacing Requirements. Residential Development Parcels must meet
minimum parcel frontage and entrance spacing requirements established in the
County’s adopted “Access Management Resolution”, Resolution No. HR-xx-xx-xx. The
Frontage and Entrance Spacing Requirements that are based on the
classification of the road upon which the Residential Development Parcel is
proposed to have access.
(xii) Drainage Easements. If any portion of the Residential Development Parcel lies in a FEMA designated regulatory floodplain, or if drainage Channels or Swales exist on the Residential Development Parcel that carry runoff from adjacent property or public Street/Roads, the FEMA designated regulatory floodplain or drainage Channel or Swale shall be protected by tax grant of an Easement, or other similar device, evidenced by separate legal instrument, as may be required by the Planning Director and acceptable to the County Counselor.
(2) Future Development Area Conservation
Area.
The Conservation
Area Future Development Area shall meet the requirements set
forth in this sub-section:
(i)
Minimum
Requirement. A minimum of forty percent (40%) of the total
Conservation-Cluster Development shall be designated as Conservation Area. Future Development Area.
(ii)
Horizon 2020. Land
in the proposed Conservation-Cluster Development identified in Horizon 2020 as
environmentally or geographically sensitive areas or sites of historic
landmarks or historic features, shall be included in the Future Development
Area. Sensitive Lands Worthy of Conservation. Lands that are or contains
the resources identified in Section 20-810(j) shall be deemed
to be worthy of conservation.
(iii)
Conservation
Easement. Land within the Future Development Area, which is identified in
Horizon 2020 as being an environmentally sensitive area, a geographically
sensitive area, or the site of an historic landmark or historic feature shall
be made Land that is or contains the
resources identified in Section 20-810(j), such as Floodways, based on the FEMA’s one-hundred year storm;
Floodplains, based on the FEMA’s one-hundred year storm; Jurisdictional
Wetlands; Stream Corridors; Prominent Natural Geographic Features with Rocky
Outcroppings; Stands of Mature Trees or Individually Significant Mature Trees;
and, Archaeological and Historical sites to the greatest extent
reasonably practicable, shall be subject
to a conservation easement to permanently retain the environmental,
geographical or historical characteristics of the land and prevent any use of
these areas that will significantly impair or interfere with the environmental,
geographical or historical characteristics of this land. The conservation
easement shall be in a form provided by the County or in a separate legal
instrument, satisfactory to the County Counselor.
(iv)
Restriction on Subsequent Divisions.
The Conservation Area shall be
restricted from any further division for development purposes. Development
shall be limited to those uses allowed and ancillary to the Conservation
Easement restrictions, such as recreational trails, arboretums, or practice
sports fields, The Future Development Area, not within an environmentally or
geographically sensitive area or the site of an historic landmark or historic feature,
shall be restricted from any further division or development by a legal instrument that is satisfactory to the County Counselor.
until the land is annexed by a City.
a. This instrument shall be binding upon the owner and all of its successors and assigns, and shall constitute a covenant running with the land, expiring at the time the subject property is annexed by a city.
b. This instrument shall be in recordable form and shall be recorded with the Register of Deeds.
(1)
Written
notice of the proposed division for rural residential purposes shall be mailed
to the Owner of record of all property within Ľ mile of the
subject property. The notice shall be sent by the applicant by regular mail,
postage pre-paid. The mailing addresses for property owners within the Ľ mile
notification area shall be obtained from the Douglas County Register of
Deeds Clerk. The applicant
shall submit a Certificate of Mailing, obtained from the US Post Office, at the time of submission of the Certificate of Survey application. A Certificate of
Survey application shall be considered incomplete without an executed
Certificate of Mailing. The notice shall provide:
(i) a brief description of the location of the property proposed for division;
(ii) the projected date a Certificate of Survey application will be submitted to the Lawrence/Douglas County Planning Office;
(iii) a contact telephone number and address for the property owner proposing the division for rural residential purposes; and,
(iv) the letter shall include the following Statement and information:
Notice of Proposal to divide land located at [road address or general description such as; one-half (˝) mile north of the intersection of x road and y road, on the east side] for rural residential development purposes.
This letter is being sent to the Owner of property adjoining and within one-quarter (Ľ) mile of the boundaries of the property proposed for division for rural residential development. The purpose of this letter is to provide general information to the recipient and/or owner OF PROPERTY of a proposed or potential change in land use.
(2) Additional divisions or development of the Immediate Development Area shall be made in accordance with Section 20-810.
(3)
No
divisions or intense development of any portion of the Conservation Area shall
be permitted after annexation. Limited development that is compatible with the
conservation easement on record and the preservation of the natural or man-made
resources for which the easement was granted, may be permitted for
recreational or open space purposes, in accordance with the Zoning Regulations
of the annexing city. After
annexation, divisions or development of any portion of the Future Development Area not subject to a
conservation easement, shall be made in accordance with the Subdivision
Regulations of the applicable city.
Any person having legal or equitable interest in property that meets the criteria required by Section 20-805(b) and (c) may file, with the Planning Director, an application for a division of land in conformance with this Section. The completed application must: satisfy the requirements of Section 20-802; be submitted with an approved application form supplied by the Planning Department; and, shall be accompanied by:
(1) the applicable review and recording fees;
(5)
One
original and three (3) Four (4) copies of a Certificate of Survey that complies
with the requirements of Section 20-807.
(6) An executed annexation agreement allowing annexation by the city, who’s Urban Growth Area the development is located within, based on the adopted annexation policies of that city.
The Planning Director shall review all applications for divisions of land, pursuant to this Section, in accordance with the Certificate of Survey administrative review procedures set forth in Section 20-807.
The purpose of this Section is to allow an administrative approval procedure for divisions of land to accommodate rural residential
development on large
land parcels that are located within the Urban Growth Areas of cities in Douglas County. The procedure contemplates that forethought and design considerations will
be employed to identify the ultimate urban scale residential development of the
large land parcel prior to any division occurring, and that based on these
considerations, three acre or larger Residential Development Parcels may be created
when they allow for future divisions through a ‘Build
Out Plan’ of the Residential Development Parcels,
at some future time, to create urban scale and density lots. These
regulations will result in Residential Development Parcels that retain their
rural character for the immediate future, but will also allow for more
efficient transition to urban scale development as subsequent circumstances
dictate.
(1) A division of a parcel of land, that is forty (40) acres in area or larger, that also is located in Service Areas 2-4, of Lawrence’s Urban Growth Area, or in other Cities’ Urban Growth Areas, may be approved pursuant to the provisions of this Section.
(2)
Divisions of parcels of land,
that are forty (40) acres in area or larger, that also are located in Service Areas 2-4 of Lawrence’s Urban Growth Area, or in
other Cities’ Urban Growth Areas, not made in accordance with Section 20-805 (a)-(g)
must be made in conformance with the standards set forth in sub-section
(h) of Section 20-805 and with the procedures set forth in Section 20-809,
Major Subdivisions.
Large Parcel Property Divisions of land made according to this Section shall consist of two components; Immediate Development Area and Future Development Area and shall be made in accordance with the requirements of this sub-section.
(i) Maximum Development Acreage. The Immediate Development Area shall not exceed sixty percent (60%) of the total acreage of the Large Parcel Property Division that is covered by an application submitted pursuant to this Section. The Immediate Development Area may further be divided into individual Residential Development Parcels subject to the requirements of this Section.
(ii) Minimum Residential Development Parcel Area. Each Residential Development Parcel must have a minimum area of:
a. 3 acres when fronting onto a local road;
b. 5 acres when fronting onto a Major or Minor collector road,
c. 10 acres when fronting onto a minor arterial; and
d. 20 acres when fronting onto a principal arterial or Freeway.
(iii)
Building Envelopes. Residential
Development Parcels shall be planned and arranged to allow for future
subdivision of these parcels into lots at an urban scale and density that conforms to the development regulations of the city who’s Urban Growth
Area the development is located within. Building Envelopes shall be shown on
each Residential Development Parcel.
(iv) Development Parcel Access. Each Residential Development Parcel shall have direct access to a hard surfaced road.
(v) Minimum Road Right(s)-of-way. If the Large Parcel Property Division is located adjacent to public road right(s)-of-way that does not meet the minimum width standards of Section 20-810(d)(4), approval of the application for division of land pursuant to this Section will be subject to the condition that the Subdivider dedicate, by separate instrument to the County, one-half the additional land necessary to bring the road(s) adjoining the Large Parcel Property Division to the required right-of-way standard based on the road’s classification established on the Major Thoroughfares Map in the Comprehensive Land Use Plan. All necessary Dedications shall be by separate instrument, satisfactory to the County Counselor, and filed with the Register of Deeds. No final action may be taken on the Certificate of Survey until this additional road right-of-way has been dedicated.
(vii) Utility - Water. Each Residential Development Parcel shall obtain water from a publicly treated water source.
(viii) Steep Slopes. The Building Envelopes of Residential Development Parcels shall not contain any slopes greater than fifteen percent (15%).
(ix) Drainage Easements. If any portion of the Residential Development Parcel lies in FEMA designated regulatory floodplain, or if drainage Channels or Swales exist on the Residential Development Parcel that carry runoff from adjacent property or public Street/Roads, the FEMA designated regulatory floodplain or drainage Channel or Swale shall be protected by grant of Easement, or other similar device, evidenced by a separate legal instrument, as may be required by the Planning Director and acceptable to the County Counselor.
(x) Utility – Wastewater. Residential Development Parcels shall have an On-Site Sewage Management System approved by the Director of Lawrence/Douglas County Health Department or a connection to a wastewater disposal system approved by the Kansas Department of Health and Environment.
(xi) County Health Code Restriction in Floodplain. Lateral lines for On-Site Sewage Management Systems shall be located outside of the FEMA designated regulatory floodplain.
(xii) Restrictive Covenants. Property in the Immediate Development Area shall be subject to a restrictive covenant as set forth in sub-section 20-805(d).
(2) Future Development Area.
The Future Development Area shall meet the requirements set forth in this sub-section.
(i) Minimum Requirement. The portion of a Large Parcel Property Division not included in the Immediate Development Area shall be designated Future Development Area.
(ii)
Horizon 2020. All
lands proposed for Large
Parcel Property Divisions in accordance with this section, which are identified in Horizon
2020 as environmentally or geographically sensitive areas or sites of historic
landmarks or historic features, shall be included in the Future Development
Area. Sensitive Lands Worthy of Conservation. Lands
that are or contain the resources identified in Section 20-810(j) shall be deemed to be worthy of conservation.
(iii)
Conservation
Easements. Land within the Future Development Area which is identified in Horizon 2020 as being an
environmentally sensitive area, a geographically sensitive area, or the site of
an historic landmark or historic feature shall be, Land
that is or contains the resources identified in Section 20-810(j), such as Floodways, based on the FEMA’s
one-hundred year storm; Floodplains, based on the FEMA’s one-hundered year storm;
Jurisdictional Wetlands; Stream Corridors; Prominent Natural Geographic
Features with Rocky Outcroppings; Stands of Mature Trees or Individually
Significant Mature Trees; and, Archaeological and Historic Sites, to
the greatest extent reasonably practicable, subject to a conservation easement
to permanently retain the environmental, geographical or historical
characteristics of the land and prevent any use of these areas that will
significantly impair or interfere with the environmental, geographical or
historical characteristics of this land. The conservation easement shall be
conveyed to the County by separate legal instrument, satisfactory to the County Counselor
(iv) Restriction on Subsequent Divisions. The Future Development Area, not within an environmentally or geographically sensitive area or the site of an historic landmark or historic feature, shall be restricted from any further division or development by a legal instrument that is satisfactory to the County Counselor, until the land is annexed by a City.
a. This instrument shall be binding upon the owner and all of its successors and assigns, and shall constitute a covenant running with the land, expiring at the time the subject property is annexed by a city.
b. This instrument shall be in recordable form and shall be recorded with the Register of Deeds.
(v) Restrictive Covenant. The Future Development Area shall be subject to a restrictive covenant as set forth in sub-section 20-805(d).
The Immediate Development Area and Future Development Area each shall be restricted by a separate instrument, satisfactory to the County Counselor, which shall:
(1) incorporate by reference and have attached as an exhibit the Build Out Plan;
(2) require future division of the Residential Development Parcels to conform to the Build Out Plan, subject to the requirements of this Article;
(3) for the Immediate Development Area, limit each Residential Development Parcel to a building site for one principal dwelling unit until annexation into a city and municipal water and sanitary sewer service are extended to the building site;
(4) for the Future Development Area, prohibit further divisions of land or Development until the expiration of the Future Development Area designation;
(5) restrict the location of structures
within the Immediate Development Area to Building Envelopes that have been
created to allow for the future subdivision of the Immediate Development Area into
lots of an urban scale and density
that avoids interference with planned future Street/Roads, easements and
setbacks;
(6) be binding upon the owner and all of its successors and assigns, and shall constitute a covenant running with the land, expiring at the time the subject property is annexed by a city; and
(7) be in a recordable form and be recorded with the Register of Deeds.
(1)
Written
notice of the proposed division for rural residential purposes shall be mailed
to the Owner of record of all property within one-quarter (Ľ)
mile of the subject property. The notice shall be sent by the applicant by
regular mail, postage pre-paid. The mailing addresses for property owners
within the one-quarter (Ľ) mile notification area shall be obtained from the
Douglas County Register of Deeds Clerk.
The applicant shall submit a Certificate of Mailing, obtained from the US Post Office, at the time of submission of the Certificate of Survey application. A
Certificate of Survey application shall be considered incomplete without an
executed Certificate of Mailing. The notice shall provide:
(i) a brief description of the location of the property proposed for division;
(ii) the projected date a Certificate of Survey application will be submitted to the Lawrence/Douglas County Planning Office;
(iii) a contact telephone number and address for the property owner proposing the division for rural residential purposes; and,
(iv) the letter shall include the following Statement and information:
Notice of Proposal to divide land located at [road address or general description such as; one-half (˝) mile north of the intersection of x road and y road, on the east side] for rural residential development purposes.
This letter is being sent to the Owner of property adjoining and within one-quarter (Ľ) mile of the boundaries of the property proposed for division for rural residential development. The purpose of this letter is to provide general information to the recipient and/or owner OF PROPERTY of a proposed or potential change in land use.
(2) The failure of a property owner within the one-quarter (Ľ) mile mailing distance to receive the written notice will not affect the validity of the application for a Certificate of Survey.
Any person having legal or equitable interest in property that meets the requirements of this Section may file, with the Planning Director, an application for a Large Parcel Property Division in conformance with this Section. The completed application must satisfy the requirements of Section 20-802; be on an approved application form supplied by the Planning Department; and, shall be accompanied by:
The Planning Director shall review all applications for Large Parcel Property Divisions pursuant to this Section in accordance with the Certificate of Survey administrative review procedures provided in Section 20-807.
(2) Development of the Future Development Area shall occur in accordance with the Build Out Plan unless the developer establishes that changed circumstances exist or the appropriate city’s plans for the area covered by the Build Out Plan recommend a different type of land use. In this later instance, development shall conform to the then current plan recommendations.
(3) Upon annexation, all divisions of land in the Immediate Development Area or Future Development Area shall be made in accordance with Section 20-809, Major Subdivisions for the City of Lawrence, or in accordance with the Subdivision Regulations set forth in the annexing city’s regulations.
A division of a parcel of land that is forty (40) acres in area or larger, and that is located in Service
Areas 2-4, of Lawrence’s Urban Growth Area or in another City’s Urban Growth
Area, but which is not made according to sub-sections (a)-(g) of Section 20-805
shall be developed in accordance with the requirements of this sub-section and shall
also be made pursuant to the procedures provided in Section 20-809, Major
Subdivisions.
(1) Minimum Development Acreage. A subdivision
created in accordance with this sub-section
shall be a minimum of forty (40) acres in area. In calculating the size of a subdivision,
the minimum acreage shall be deemed to include one-half of the adjoining road right(s)-of-way,
if this inclusion is necessary for the subdivision to conform to the minimum development
acreage, but this calculation shall not be used to increase the computed size by more than five (5) percent.
(2) Minimum Lot Area. Lots in subdivisions developed
according to this sub-section shall be a minimum of three (3) acres in area.
(3) Development Access. A subdivision
created in accordance with this sub-section shall be located adjacent to a hard
surfaced road.
(4) Building Envelopes. All Lots shall be
laid out, and Building Envelopes shall be created, in anticipation of future
subdivision into lots of an urban scale conforming to the then current Lawrence
Development Code or another City’s Regulations, whichever is applicable.
(6) Lot Access. All Lots shall have access only to internal
hard-surfaced subdivision roads.
(7) Utility - Water. All lots shall obtain
water from a publicly treated water source.
(8) Steep Slopes. Subdivisions developed in
conformance with this sub-section shall not create any lots with Building
Envelopes that contain slopes greater than fifteen percent (15%).
(9) Utility - Wastewater. All Lots shall
have an on-site sewage management system approved by the Director of the
Lawrence/Douglas County Health Department or a connection to a wastewater
disposal system approved by the Kansas Department of Health and Environment.
(10) County Health Code Restriction in Floodplain. On-site sewage management systems
shall be located outside the FEMA designated regulatory floodplain.
The purpose of this section is to provide an alternative to the division of property in the Rural Area (outside the UGAs) that may be administratively approved. 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 recognizes the need for some suitable residential development in the Rural Area of Douglas County, therefore, this Section provides a pattern for grouping suitable residential development to minimize the adverse effect on agricultural character and use of land within the County, while ensuring additional efficiencies in the provision of public infrastructure and services to these residential developments.
When used in this Section, the following terms have the following meanings:
(1) Original Tract – an area, parcel, site, piece of land or other property that is under the same ownership, is the subject of a development action, and 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 Residential Development parcel, created 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 two individual Residential Development Parcels according to the following requirements:
(1) The owner of the land must identify a tract of land, which shall be twenty (20) acres when access is to be taken from a local road and a minimum of twenty (20) acres when access is to be taken from a road with a higher road classification than local road, in accordance with this Section. The tract 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”. An Original Tract may be composed of an individual parcel or a combination of adjacent parcels under a single ownership [not separated by public right(s)-of-way] that share common boundary lines.
(i) For purposes of determining compliance with the 20-acre minimum tract area, a transfer of an entire half of a quarter-quarter section (e.g. West ˝ of the SE Ľ of the SE Ľ) 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 one-half of the adjoining road
right(s)-of-way or easement if such
inclusion is necessary for the tract to conform to the applicable minimum tract
size. but
this calculation shall not be used to increase the computed tract size by more
than five percent (5%).
(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 with accompanied
by an original and three 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, Parent Parcel, Residential
Development Parcels and all environmentally or geographically sensitive areas
or sites of historic landmarks or historic features.
(3)
Land located
within the Rural Area, not divided according to Section 20-806 (a) – (e), must be made in
accordance with the standards set forth in sub-section (f) of Section 20-806 and
with the procedures set forth in Section 20-809, Major Subdivisions.
(1)
A Parent Parcel may be divided one time into
two individual Residential Development Parcels, only if the Planning Director finds: that
the property is being subdivided for
single-family residential purposes; that the division does not involve
or result in the creation of any minimum maintenance or
full maintenance new Roads or new road rights of way or easements; and, that
the division is made in accordance with the requirements in this sub-section.
a.
3 acres, if the
Residential Development Parcel obtains water from a publicly treated water source;
or
b.
5 acres, if the
Residential Development Parcel obtains treated water
from a private well;
(ii) Development Access. Each Residential Development Parcel shall have access to a full maintenance road;
(iii) County Health Code Requirements. The applicant has provided evidence that each Residential Development Parcel will satisfy all applicable health and sanitation requirements;
(iv)
Clustering. Grouping
Divisions. Where a Parent Parcel has previously been identified and
filed of record from an Original Tract, any subsequent Parent Parcel identified
from that Original Tract shall, where practicable, be located with one boundary line adjacent to the previously
created Parent Parcel to encourage the
grouping of Residential Development Parcels clustering of
residential development to facilitate the efficient provision of infrastructure
and other public services.
(v)
Minimum Frontage and Entrance Spacing
Requirements. Each Residential Development Parcel must meet minimum parcel
frontage and entrance spacing requirements established in the County’s adopted
“Access Management Resolution”, Resolution No. HR-xx-xx-xx.
The frontage and entrance spaciing
requirements that are based on the classification of the road
upon which the Residential Development Parcel is proposed to have access.
(vi) Building Envelope. Where a Residential
Development Parcel includes lands identified in Horizon 2020 as being an
environmentally or geographically sensitive area or the site of an historic landmark or historic feature,
these areas and sites identified shall not be included within the Building Envelope. When a Residential Development
Parcel includes lands identified for Resource Preservation in Section 20-810(j),
such as Floodways, based on the FEMA’s one-hundred year storm; Floodplains,
based on the FEMA’s one-hundered year storm; Jurisdictional Wetlands; Stream
Corridors; Prominent Natural Geographic Features with Rocky Outcroppings;
Stands of Mature Trees or Individually Significant Mature Trees; and,
Archaeological and Historic Sites, a Building Envelope is shall be required to
be shown on the parcel and it shall not include the areas and sites indentified
for resource preservation. A Building Envelope is not required on a
Residential Development Parcel that does not include lands within the categories
identified for resource preservation in Section 20-810(j).
(vii)Conservation Easement. Land that is or contains the resources identified in
Section 20-810(j), such as
Floodways, based on the FEMA’s one-hundred year storm; Floodplains, based on
the FEMA’s one-hundered year storm; Jurisdictional Wetlands; Stream Corridors;
Prominent Natural Geographic Features with Rocky Outcroppings; Stands of Mature
Trees or Individually Significant Mature Trees; and, Archaeological and
Historic Sites has been identified in Horizon 2020 as being an
environmentally sensitive area, a geographically sensitive area, or the site of
an historic landmark or historic feature shall be made subject to a conservation easement to permanently retain the
environmental, geographical or historical characteristics of the land and
prevent any use of these areas that will significantly impair or interfere with
the environmental, geographical or historical characteristics of this land.
The conservation easement shall be conveyed to the County by a separate legal
instrument that is satisfactory to the County Counselor
(2)
With respect to any division
made according to sub-sections (a) through (e)
(d) Section 20-806, the subsequent Residential Development
Parcels shall be considered parcels but shall not be considered Lots as defined
in this Article. Each Residential Development Parcel shall be eligible for the
issuance of building permits for a single-family dwelling and permitted accessory uses, buildings and
structures. Use for any other purpose, construction of more than one single-family dwelling, or further
division of the Residential Development Parcel shall be prohibited. permitted only after the Residential
Development Parcel has been platted
converted into one or
more Lots through full compliance with the procedures and standards of this
Article.
A division of a parcel of land that is located in
the Rural Area, but which is not made according to sub-sections (a) through (e)
of Section 20-806, shall be developed in accordance with the requirements of sub-section (f) of Section 20-806 and also be
pursuant to the procedures provided in Section 20-809, Major Subdivisions.
(1) Minimum Development Acreage. A subdivision
created in accordance with this sub-section shall be a minimum of eighty (80)
acres in area. In calculating the size of a subdivision, the minimum acreage
shall be deemed to include one-half of the adjoining road right(s)-of-way, if
this inclusion is necessary for the subdivision to conform to the minimum development
acreage, but this calculation shall not be used to increase the computed size
by more than five (5) percent.
(2) Minimum Lot Area. Lots in subdivisions
developed according to this sub-section shall be a minimum of three (3) acres
in area.
(3) Development Access. A subdivision
created in accordance with this sub-section shall be located adjacent to a hard
surfaced road.
(4) Building Envelope. All Lots shall be laid out, and Building Envelopes shall be created,
in a manner that allows for future subdivision based on the then current Lawrence Development Code or another City’s Regulations,
whichever is applicable.
(6) Lot Access. All Lots shall have access only to internal hard-surfaced
subdivision roads.
(7) Utility - Water. All Lots shall obtain
water from a publicly treated water source.
(8) Steep Slopes. Subdivisions developed in
conformance with this sub-section shall not create any lots with Building
Envelopes that have slopes greater than fifteen percent (15%).
(9) Utility – Wastewater. All Lots shall
have an on-site sewage management system approved by the Director of Lawrence/Douglas County Health Department
or a connection to a wastewater disposal system approved by the Kansas
Department of Health and Environment.
(10) County Health Code Restriction in Floodplain. On-site sewage management systems
shall be located outside the FEMA designated regulatory floodplain.
The purpose of the Certificate of Survey administrative
review procedure is to provide an administrative process for creating an
accurate record of the description and location of Residential Development
Parcel divisions created in the Urban Growth Area of cities in conformance with
Sections 20-804 or 20-805. without requiring
full compliance with the Subdivision
Development regulations of Section 20-809, Major Subdivisions.
In the Rural Area (outside the UGAs), the Certificate of
Survey administrative review procedure is to provide an administrative process
for creating an accurate record of the description and location of Residential
Development Parcel divisions in
conformance with Section 20-806. without requiring full compliance with the Subdivision Development regulations of
Section 20-809, Major Subdivisions.
The Planning Director is authorized to review and approve applications for land divisions made in conformance with Sections 20-804, 20-805 and 20-806, subject to the requirements of this Section. This administrative review procedure allows for an administrative approval process with final action by the Planning Director.
An application for a division of land submitted with a complete Certificate of Survey shall be considered for approval in the following circumstances:
(1) The proposed division meets the criteria of one of the types of division authorized by Sections 20-804, 20-805, or 20-806, for review in conformance with this Section.
(2)
Residential Development
Parcels are eligible for Certificate of Survey approval only one time. ; further divisions of Residential Development Parcels which
were created pursuant
to Sections 20-804, 20-805 or 20-806 shall be made in conformance with Section
20-809, the Major Subdivision procedures of this Article.
(3) For the purpose of interpreting the applicability of the Certificate of Survey administrative review procedure, any proposed development or division of land, which the Planning Director determines is intended to evade the Major Subdivision procedures of Section 20-809 because it would result in a de facto Major Subdivision through the combination of previous contiguous Certificates of Survey, is not eligible to use the Certificate of Survey administrative review procedure.
Applications for Certificate of Survey administrative review procedure shall be submitted to the Planning Director in conformance with the general requirements of Section 20-802 and any specific requirements provided in this Article.
A Certificate of Survey must comply with the following requirements:
(1) The Certificate of Survey shall be legibly drawn on Mylar with permanent ink or printed or reproduced by a process guaranteeing a permanent record and shall be eighteen inches (18”) by twenty-four inches (24”) in size;
(2) The Certificate of Survey must show or contain on its face the following information; provided, however, that the licensed Land Surveyor may, at his or her discretion, provide additional information regarding the survey:
(i) A title or title block including the quarter-section, section, township, range and principal meridian in which the surveyed land is located. A Certificate of Survey shall not bear the title “plat,” “subdivision” or any title other than “Certificate of Survey;”
(ii) A note stating “This Certificate of Survey was not prepared for the purpose of the platting of land. No further divisions of the parcels created by this survey shall occur until the property is subdivided in accordance with all applicable Subdivision Regulations of Douglas County or the city into which it is annexed.”;
(iii) The name(s) of the person(s) who own the land and who commissioned the survey and the names of any adjoining platted subdivisions;
(iv) The date the survey was completed;
(v) A north arrow;
(vi) A written and graphic scale. (The scale must be one inch (1”) equals thirty feet (30’) or less);
(vii) A narrative legal description of the property surveyed, including a benchmark or other vertical reference point tied to the United States Geological Survey;
(viii) A location map showing the property surveyed in relation to property ownership lines within the same section and the nearest existing public right(s)-of-way;
(ix)
The dimensions and
locations of all of the parcels
indicated on the survey, including dashed lines to depict the future urban lot layout in the Build
Out Plan. This
requirement is not applicable to Section 20-806. if
applicable;
(x) A numbering system or other clear and simple method of identifying each parcel within the Certificate of Survey;
(xi) The location and width of public right(s)-of-way, existing and proposed;
(xii) The location of any easements, existing and proposed;
(xiii)
The dimensions of all existing
Structures in relation to existing and proposed parcel lines, and based on the future lot layout shown in the Build Out Plan, if applicable;
(xiv) Building envelopes shall be shown for every Residential Development Parcel and shall not include lands identified as environmentally or geographically sensitive areas or the sites of historic landmarks or historic features;
(xv)
Except for divisions
made in conformance with Section 20-806, Building Envelopes shall be designed
to allow for the placement of rural residences on parcels that will facilitate tax
efficiencies in future further subdivision of the Residential Development
Parcel into city-sized urban lots;
(xvi) A note stating the specific code section [20-804, 20-805, or 20-806] pursuant to which the division is being made;
(xvii) A signed and acknowledged recitation of any restrictive covenants or conservation easements required by the proposed division with a line on the survey for the identification of the book and page in which the covenants or conservation easement are recorded;
(xviii) The signature of the Owner, properly attested;
(xix) The dated signature and seal of the Kansas licensed land surveyor responsible for the survey along with a note stating: “This survey complies with the Kansas Minimum Standards for Boundary Surveys;
(xx) A line on the survey for the review date and signature of the County Surveyor beneath a note stating: “Reviewed in compliance with K.S.A. 58-2005”;
(xxi) A line on the survey for the approval date and signature of the Planning Director; and
(xxii) A line on the survey for the Register of Deeds filing information.
An application for division of land requiring an approved Certificate of Survey shall be approved if, and only if, it meets all of the following criteria:
(1) The proposed division meets the requirements for a division of land under Sections 20-804, 20-805 or 20-806, as applicable;
(2) The Certificate of Survey meets all of the requirements of Section 20-807;
(3) The proposed Residential Development Parcels and all other aspects of the proposed Certificate of Survey conform with the current Comprehensive Plan of Lawrence and Douglas County or, where applicable, the comprehensive plan of another city in Douglas County;
(4) The Certificate of Survey conforms with the adopted Major Thoroughfares Map in the Comprehensive Land Use Plan for Douglas County and does not preclude or interfere with the subsequent logical continuation of any Street/Roads shown thereon affecting the land included in the proposed Certificate of Survey;
(5) The proposed Certificate of Survey is consistent with any conditions imposed on any previous division of any part of the same land; and
(6) The proposed Certificate of Survey conforms to the Kansas Minimum Standards for Boundary Surveys.
(1) The General Review and Approval Procedures set forth in Section 20-802 shall apply to all applications under this Section.
(2) Upon receipt of a complete application, the Planning Director shall review the application for conformance with applicable regulations.
(3) The Planning Director shall conduct the review of the application within 30 days of receipt of the complete application. If the Planning Director finds that the Certificate of Survey conforms to all of the standards set forth in this Article, the Director shall sign and indicate on an original copy of the Survey “Approved as a Certificate of Survey under the Subdivision Regulations of the City of Lawrence & the Unincorporated Area of Douglas County” with the date of approval.
(4) If the Planning Director finds that the Certificate
of Survey fails in any way to conform to the standards set forth in this
Article or that the proposed division is not eligible for administrative approval pursuant to
this section the Planning Director shall refuse to approve the proposed
Certificate of Survey and shall notify the Applicant by letter, within the 30
day review period, of the reason(s) for that refusal. If the deficiency or
other reason for denial can be cured
through action of the Applicant, the Applicant may submit a revised application
and Certificate of Survey within forty-five (45) days after receipt of the
letter and shall not be required to pay an additional fee. If the reason for denial is that the proposed division is not
eligible for consideration as a Certificate of Survey, the Subdivider may
submit an application for Major Subdivision approval.
(5) If approved, the Certificate of Survey shall be recorded by the Planning Director with the Douglas County Register of Deeds. A copy shall be kept by the Planning Director, and a copy shall be furnished to the Applicant and to the County Zoning & Codes office.
(1)
Upon the approval or denial of
an application for a division of land under Sections 20-804, 20-805 or 20-806 a
party aggrieved by the Planning Director’s
decision may appeal that decision to the Board of County Commissioners. To
have standing to make an appeal, the party must have been the applicant or an
owner of property within one-quarter
(Ľ) mile 1320 feet of the Parcel
that is the subject of the decision.
(2)
The Planning
Director shall provide written notice of the filing of an appeal setting
forth the subject of the appeal, the time and place and when the appeal shall
be heard. The notice shall explain that there will be an opportunity to
present evidence to the Board of County Commissioners and it shall be mailed to
all owners of property within one-quarter
(Ľ) mile 1320’ of the land
that is the subject of the appeal.
(3) The County Commission shall set a hearing date for the appeal that is at least 15 days after written notice is sent to the appellant. The appellant shall have the burden of establishing by clear and convincing evidence that the Planning Director’s decision was incorrect.
The purpose of this administrative process is to provide a more economical and efficient procedure for the adjustment of platted lot lines in developed areas through a resubdivision procedure, where an adjustment involves little or no expansion of the public infrastructure. The Minor Subdivision process allows for a one-step resubdivision approval process with final action by the Planning Director.
The Planning Director is hereby authorized to review and approve Minor Subdivisions in accordance with the procedures of this Section.
(1) Within the City of Lawrence, a platted Lot may be split into 4 or fewer Platted Lots by using the Minor Subdivision procedures of this section; provided, that no new Street or extension of an existing Street is created, or a vacation of Streets, Alleys, Setback Lines, Access Control or Easements is required or proposed.
(2) Within the Unincorporated Area of the County, a platted Lot may be split into 2 Platted Lots by using the Minor Subdivision procedures of this section, provided that:
(i) each resulting Lot has a minimum lot area that conforms to the County Sanitation Requirements for minimum lot area;
(ii) the platted lot takes access from a hard surfaced road;
(iii) no new Road or extension of an existing improved Road is created, nor is a vacation of Roads, Setback Lines, Access Control or Easements required or proposed;
(iv) the lot split is not prohibited by any other Section of this Article;
(3) The merger or consolidation of full Lots or full Lots with portions of platted Lots into a fewer number of Lots shall be processed as Minor Subdivisions;
(4) For the purpose of interpreting the Minor Subdivision eligibility criteria of this sub-section, any proposed Subdivision that the Planning Director determines is designed, intended, or by proximity to a previous minor subdivision would evade the Major Subdivision procedures of this section by resulting in a de facto Major Subdivision, shall not be eligible for the Minor Subdivision process;
(5) Lots are eligible only one time for approval of a lot split or consolidation through the Minor Subdivision process and any further divisions or consolidations of the originally platted or newly created Lots shall be processed as Major Subdivisions; and,
(6) The Minor Subdivision
map replat shall contain a general note on the face of it stating: “Further division or consolidation of
any lots contained in this Minor
Subdivisions is prohibited, and shall
be processed as Major
Subdivisions”.
A lot or group of lots submitted as a Minor Subdivision shall be approved if all of the following criteria are met:
(1) The proposed division(s) or consolidation(s) meets the criteria of one of the types of divisions eligible for review through the Minor Subdivision process under Section 20-808(c);
(2) Each Lot resulting from the split or consolidation will have direct access to an existing public Street/Road that meets current adopted access and improvement standards or will meet such standards as a result of improvements required as a condition of approval of the Minor Subdivision;
(3) If the property is located adjacent to a public Street/Road right-of-way that does not meet the minimum right-of way standard of Section 20-810(d)(4), approval of the Minor Subdivision will be subject to the condition that the Subdivider dedicate to the City or County, as applicable, one-half the additional land necessary to bring the road(s) adjoining the land to be divided to the required minimum right-of-way standards. All necessary Dedications shall be filed by separate instrument with the Register of Deeds and proof of these dedications shall be provided to the Planning Director. No final action shall be taken on the Minor Subdivision until this additional right-of-way dedication has been recorded;
(4) If any portion of the property within the Minor Subdivision lies in a FEMA designated regulatory floodplain, or if drainage Channels or Swales exist on the property that carry runoff from adjacent property or public Street/Roads, the FEMA designated regulatory floodplain or drainage Channel or Swale shall be protected by grant of Easement, Dedication or other similar devise as may be required by the Planning Director. No final action shall be taken on the Minor Subdivision until this dedication has been recorded;
(5) The Owner shall provide written documentation for splits or combination of lots in the unincorporated area of the County to the Planning Director providing proof that the proposed Lots will have:
(i) access to a publicly treated water source; and,
(ii) test holes for an On-site Sewage Management System have been reviewed and approved by the Director of Lawrence/Douglas County Health Department.
(6) The proposed Lots and all other aspects of the proposed Minor Subdivision conforms with the current Comprehensive Land Use Plan of Lawrence and Douglas County;
(7) The Minor Subdivision conforms with the adopted Major Thoroughfares Map in the Comprehensive Land Use Plan and does not preclude or interfere with the subsequent logical continuation of any Street/Roads shown thereon affecting the land included in the proposed Minor Subdivision or the original platted subdivision;
(8) The proposed Minor Subdivision is consistent with any conditions imposed on the original platted Subdivision from which the lots being split or consolidated were originally platted; and,
(9) The Minor Subdivision conforms to the Kansas Minimum Standards for Boundary Surveys.
(1) Requests for Minor Subdivision approval shall be submitted to the Planning Director.
(2) Each application shall be submitted on a form provided by the Planning Director and shall be accompanied by:
(i) The applicable review and recording fees;
(ii)
Ten copies of a Minor Subdivision map replat, certified by a licensed Land Surveyor, at a scale of one inch equals 30 feet or less; and
(iii) A certificate that all taxes and special assessments due and payable have been paid. Any unpaid special assessments shall be noted with the application submittal and a proposed redistribution plan for these unpaid special assessments, which meets the City Clerk and City Engineer requirements for lots within the City of Lawrence or with the County Clerk and County Engineer requirements for lots within the unincorporated area of Douglas County, also shall be submitted with the application.
(3)
The map replat shall
contain the following information:
(i) a title that includes the original lot numbers and subdivision name and an indication that this is a replat of said lots in the subdivision;
(ii) legal description of the property, including a benchmark or other vertical reference point tied to the United States Geological Survey;
(iii) location map identifying community features and the nearest existing public right(s)-of way within a one (1) mile radius of the site;
(iv) location of existing Easements and utilities;
(v) dimensions and locations of the new lots to be created through the division or consolidation;
(vi) location and width of accessways, existing and proposed;
(vii) dimensions of all existing Structures in relation to existing and proposed Lot Lines;
(viii) signature of the Owner, properly attested;
(ix) a signature and date line for approval by the Planning Director, stating “Approved as a Minor Subdivision under the Subdivision Regulations of the City of Lawrence and the Unincorporated Area of Douglas County”;
(x) a line on the survey for the review date and signature of the County Surveyor beneath a note stating: “Reviewed in compliance with K.S.A. 58-2005”; and,
(xi) a signature and seal of the Land Surveyor licensed by the State of Kansas, who performed the
survey for the Minor
Subdivision map replat.
(1) Upon receipt of a complete application, the Planning Director shall review the application for conformance with applicable regulations.
(2) The Planning Director shall
conduct the review of the application within twenty (20) days of receipt of the
complete application. If the Planning Director finds
that the Minor Subdivision conforms to all of the standards set forth in this Section,
the Director shall sign and date an original Mylar copy of the map replat.
(3) If the Planning Director finds that the Minor Subdivision fails in any way to conform to the standards set forth in this Section or that the proposed division or consolidation is not eligible for consideration as an Minor Subdivision, the Planning Director shall refuse to approve the proposed Minor Subdivision and shall notify the Applicant by letter of the reason(s) for such refusal. If the deficiency or other reason for denial can be cured through action of the Applicant, the Applicant may submit a revised application and map within forty-five (45) days after receipt of such letter and shall not be required to pay an additional fee. If the reason for denial is that the proposed division or consolidation is not eligible for consideration as a Minor Subdivision, the Subdivider may submit an application for Major Subdivision approval at any time.
(4) The Planning Director shall forward a signed, original Mylar copy of the Minor Subdivision replat to the Register of Deeds for recording.
(5) A copy of the signed original Mylar shall be furnished to the Applicant.
(6) Appeals of the Planning Director’s decision on a Minor Subdivision shall be subject to Section 20-813(e)(1).
The Major Subdivision procedures of this section are
intended to provide a standardized review process for Major Subdivisions
Preliminary and Final Plats. The Major Subdivision process requires a two-step review process
with final approval by the Planning Commission and acceptance of any
Dedications by the appropriate Governing Body.
The Major Subdivision procedures of this section apply to all Subdivisions that are not eligible for review in conformance with the Certificate of Survey Administrative review Procedures or the minor subdivision process.
(1) The General Review and Approval Procedures set forth in Section 20-802 shall apply to all applications under this Section;
(2) Applications under this Section shall contain the materials required under Section 20-811(j)(4).
Approval or disapproval of Major Subdivisions shall be based on the following criteria:
(1) Each Lot resulting from the division will have direct access to a public Street/Road that has been accepted by the county or city or a private street that has been approved as part of a Planned Development;
(2) Each Lot resulting from the division will conform with the minimum Lot size and other dimensional requirements applicable to the property through the Zoning District regulations;
(3) The proposed Major Subdivision and all Lots within it conform fully with the standards set forth in Section 20-810(a)(2) of this Article;
(4) The proposed Lots and all other aspects
of the proposed Major
Subdivision conforms with the current Comprehensive Plan of Lawrence and Douglas County; and adopted area watershed/sub-basin plans, sector or and neighborhood plans;
(5) The proposed Major Subdivision conforms with any adopted Major Thoroughfares Plan and provides for the logical continuation of any Street/Roads shown thereon affecting the land included in the proposed Major Subdivision;
(6) The proposed Major Subdivision shall provide for a logical connection
of streets between adjacent subdivisions taking into consideration constraints
from steep topography and other natural features that may limit street connectivity
but allow for pedestrian connectivity, shall conform with adopted neighborhood/area watershed/sub-basin
plans, sector or neighborhood plans for street layout;
(7) The proposed Major Subdivision conforms to the adopted master plans for the water and wastewater systems and conforms to the overall drainage basin master plan; and
(8) The Major Subdivision plat conforms to the Kansas Minimum Standards for Boundary Surveys.
A Subdivider shall apply for Major Subdivision Preliminary
Plat approval by submitting an application to the Planning Director.
(1) The application shall contain the materials required by Section 20-812(a), as well as any additional materials required as part of the application form provided by the Planning Director.
(2) Each application shall be accompanied by:
(i) the applicable filing fee;
(ii) a completed Major Subdivision application form;
(iii) the required number of copies for a complete submission of a Preliminary Plat, containing all elements set forth in Section 20-812(a); and,
(iv) a drainage plan, if within the City limits or within the Urban Growth Area.
(1) The Planning Commission shall conduct the review of the application at the meeting at which it is scheduled by the Planning Director, unless the Subdivider shall request deferral to a future meeting. The Planning Commission shall take final action on the Preliminary Plat at a meeting occurring not later than 60 days after the date of receipt of a complete application by the Planning Director the Planning Commission’s initial receipt of the Preliminary Plat that the Planning Director has found to be a complete application.
(2) If the Planning Commission finds that the proposed Major Subdivision conforms to all of the criteria set forth in Section 20-804(d), the Planning Commission shall approve the Preliminary Plat.
(3) If the Planning Commission finds that the proposed Major Subdivision fails in any way to conform to the standards set forth in this paragraph, the Planning Commission shall, by motion, deny approval to the proposed Preliminary Plat and shall state in the motion the reason(s) for that denial.
(4) The Planning Director shall give written notice to the Subdivider of the action of the Planning Commission. If the Preliminary Plat has been disapproved, or conditionally approved, the notice shall specifically state the ways in which the Major Subdivision or the Preliminary Plat fails to conform to these Subdivision Regulations.
(5) If the deficiency or other reason for denial can be cured through action of the Applicant, the Applicant may submit a revised application and Preliminary Plat within 60 days after receipt of the written notice and shall not be required to pay a further fee. In case of a resubmission, the Planning Commission shall consider the resubmitted application at the next meeting occurring at least 21 days after receipt of the complete resubmission by the Subdivider.
(6) If the Planning Commission fails to act on the Preliminary Plat within 60 days of the date of their first meeting occurring after the receipt of a Preliminary Plat, determined to be a complete application by the Planning Director, the Subdivider may, by letter, apply to the Planning Director for a “Certificate of Deemed Approval”. If the Planning Director finds that a complete application was received at least 60 days before the date of the letter and that no action has been taken by the Planning Commission, the Planning Director shall issue a “Certificate of Deemed Approval” indicating that “this Preliminary Plat shall be deemed approved due to a failure of the Planning Commission to take timely action in accordance with Kansas Statutes Annotated §12-752(b).”
(1) A Preliminary Plat may, at the option of the applicant, contain a proposed schedule for submitting Final Plat applications in phases. The Planning Commission may approve the proposed phasing plan if it finds that:
(i) The area represented by each proposed phase is of sufficient size to permit the economical installation of Public Improvements;
(ii) All parts of the necessary public and private improvements plans to serve the Major Subdivision will be provided concurrently with the phase which will first be served by those improvements or part thereof, or with an earlier phase; and
(iii) That the application for the last phase of the Final Plat will be due no later than the end of the fifth year after approval is given for the Preliminary Plat.
(1) Approval of the Preliminary Plat by the Planning Commission shall constitute approval of “the Plat” for purposes of Kansas Statutes Annotated §12-752(b), subject only to the following:
(i) Submission of a Final Plat, in the form and containing all of the information required by 20-812(b). The Final Plat shall be consistent with the Planning Commission’s approval of the Preliminary Plat, including satisfying any conditions imposed on that approval;
(ii) Completion of Street/Roads, roads and Public Improvements required by the terms of the approval of the Preliminary Plat, or provision of satisfactory Guarantees of Completion of Improvements, in accordance with 20-811(g)(8);
(iii) Development of Building Envelopes and drainage plans consistent with these Building Envelopes; and
(iv) Acceptance (or rejection) of all proposed Dedications by the Governing Body.
(1) A Preliminary Plat that has been approved by the Planning Commission shall be submitted to the Governing Body, as applicable, for its consideration of acceptance of the Dedication of Street/Roads and other public ways, service, and utility Easements and any land dedicated for public purposes.
(2) The Governing Body shall accept or refuse the Dedication of land for public purposes within 30 days after the first meeting of
the Governing Body following the date of the Preliminary Plat’s submission to the Clerk of the
appropriate Governing Body.
The Governing Body may defer action for an additional 30 days for the
purpose of allowing for modifications to comply with the requirements
established by the Governing
Body. No additional filing review and
recording fees shall be assessed during
that period.
(3) If the Governing Body defers or refuses these Dedications, it shall advise the Planning Commission of the reasons thereof. When the Subdivision is located partially within both the City and Unincorporated Area of Douglas County, the Plat shall be submitted to both Governing Bodies for acceptance of Dedications and Easements.
(4) Failure of the Governing Body of the city or of the county to accept affirmatively a Dedication shown on the Preliminary Plat shall be deemed to be a refusal of the proposed Dedication.
(5) The respective Governing Bodies maintain full legislative discretion to reject any proposed Dedication, regardless of the approval of the Preliminary Plat. If the Governing Body rejects part or all of a proposed Dedication, the Subdivider may amend the Preliminary Plat and resubmit it for consideration by the Planning Commission without the rejected Dedication; if the Subdivider takes no action within 60 days of the rejection of any proposed Dedication, it shall constitute failure of a material condition of the approval of the Preliminary Plat and the Preliminary Plat shall be deemed to have been rejected.
(1) Approval of a Preliminary Plat by the Planning Commission shall expire on the later of the following:
(i)
one year eighteen months from the date approval was
granted, unless a complete application for Final Plat is submitted by that
approval date; or
(ii) Any application due date as shown on an approved phasing schedule, unless a complete application for Final Plat is submitted by that due date.
(2) Upon application by the Subdivider, the Planning
Commission may, if the cause of failure
of the Subdivider to submit a Final Plat is beyond the Subdivider’s control,
grant an extension of the time beyond this period, for a period not to exceed an one additional
one year.
(3) If a Preliminary Plat expires under this sub-section
after one or more Final Plats for a phased subdivision have been approved, then
only that portion of the Preliminary Plat that relates to the phases with
respect to which no Final Plat has been approved shall expire. If a Final Plat has not been submitted, approved, and filed within this one-year eighteen
month period, or within an extension period, a Preliminary Plat must be resubmitted to the Planning Commission, reviewed and considered by the Planning Commission
in accordance with the procedures set forth herein.
The Subdivider may initiate review of the Final Plat at any time after approval of the Preliminary Plat by the Planning Commission, including satisfaction of all conditions of Preliminary Plat approval. The Final Plat shall be processed in accordance with the provisions of 20-809(l) and 20-804(k):
(1) The Final Plat shall be submitted with an application form provided by the Planning Director. The application shall contain all of the materials required by Section 20-812(b), as well as any additional materials required by the application form provided by the Planning Director.
(2) The Final Plat application shall be accompanied by all required fees, including the fees necessary for recording the Final Plat; and
(3) The Final Plat shall be in the format and contain the information required by Section 20-812(b), except that the Subdivider, at the Subdivider’s discretion, may delay submission of the recording and electronic copies of the Final Plat until final action on the Final Plat by the Planning Director and, if applicable, by the Governing Body.
(1) After approval or approval with conditions of a Preliminary Plat by the Planning Commission, the Subdivider shall have prepared for recording a Final Plat, which is consistent with the action of the Planning Commission and with the formatting and content requirements of Section 20-812(b). The Planning Director shall review the Final Plat for incorporation of the Planning Commission’s recommendations and comments and to insure that the Final Plat is in the required format.
(2) If the Planning Director finds that the submitted Final Plat conforms with the content requirements of Section 20-812(b) and is consistent with the Preliminary Plat approved by the Planning Commission, including satisfying any conditions incorporated in that approval, the Planning Director shall approve the Plat and attach to it a formal certification that the submitted Final Plat:
(3)
If the Planning Director finds that the submitted Final Plat is deficient as to format or content or otherwise technically
deficient, the Planning Director shall notify the Subdivider of the deficiency(ies) within 3 five (5) working days.
(4) If the Planning Director finds that the submitted Final Plat does not substantially comply with the approved Preliminary Plat, including any conditions incorporated in such approval, and with the Dedications shown on the Preliminary Plat and accepted by the appropriate Governing Body, the Planning Director shall place the Final Plat on the agenda of the next Planning Commission meeting for further consideration in accordance with the Preliminary Plat review and action provisions of Section 20-804(e)(2).
(5) The Planning Commission approval of the Preliminary Plat, combined with the Planning Director’s approval as to form and consistency with the approved Preliminary Plat, shall constitute Planning Commission approval of the Final Plat. No further action by the Planning Commission shall be necessary or required.
If the Planning Director has approved and certified the
Final Plat in accordance with Section 20-809(l), the Planning Director within two
five (5) working days of receipt
of the recordable copies of the Final Plat, shall submit the Final Plat to the
Chair of the Planning Commission and to the Mayor or Chairperson of the Board
of County Commissioners, as applicable, for signatures. Each of these persons
shall, if he or she accepts the certification of the Planning Director, sign
the Final Plat, including the “Acceptance of Dedications” certificate; if any
of these persons refuse to sign the Final Plat, he or she shall refer the Final
Plat to the Planning Commission for consideration at its next meeting in
accordance with the requirements of Section 20-804(e)(2), together with a
memorandum explaining the reasons why such person refused to sign it.
(1) After all signatures have been obtained, the Planning Director shall forward the recordable copy of the Final Plat to the Register of Deeds for recording. The recorded version of the Plat shall bear the endorsements herein provided (see Section 20-812(b)(2)) including the endorsement by the Governing Body accepting the Dedications.
(2) Upon approval and acceptance of all Final Plats that create new Street/Roads, if in the Unincorporated Area of Douglas County, Kansas, detailed Street/Road plans shall be submitted to the County Engineer and, if in the City, detailed Street/Road plans shall be submitted to the City Engineer for approval prior to filing of the Plat, and these plans shall include the following:
(i) plan, profile, ditch grades, and cross-sections of all Street/Roads, Alleys and other public ways; and,
(ii) drainage areas and size and length of cross-road drainage Structures.
(3) Prior to the Final Plat being recorded with the Register of Deeds, a digital version of the Plat shall be submitted to the Planning Director in a format approved by the Director of Planning. The digital file shall be registered to the State Plane Coordinate Grid System used by the city and county. Any Final Plat not submitted in a digital format will be converted by the City or County, and the cost for conversion will be paid by the Applicant before the Plat can be recorded at the Register of Deeds.
(4) Errors found in closure shall be corrected prior to filing the Final Plat.
(5)
Approval of a Final Plat by the Planning
Commission and acceptance of Dedications by the appropriate Governing
Body shall be effective for no more
than one year eighteen
months from the date of acceptance
unless all conditions of approval have been completed.
All Subdivisions shall comply with the Design and Improvement Standards of this section and 20-810(j).
(i) Lots shall be laid-out and designed to comply with all applicable zoning district regulations. The size, width, depth, shape, and orientation of each Lot in a Subdivision shall also take into consideration Topography (steepness of slope and gradient), physical features, type of use contemplated and effect on adjacent Lots.
(ii) Lots for commercial and industrial use shall be of size and arrangement to allow for off-Street/Road parking and loading facilities.
(iii) Double-Frontage and reverse-Frontage Lots shall be avoided except where they are necessary to provide for the separation of residential Development from Collector and Arterial Street/Roads or to overcome or take advantage of specific disadvantages of steep Topography and orientation. A planting screen Easement of a minimum 20 feet, with or without a berm, shall be provided along the portion of the Lots abutting such an Arterial Street/Road if required by the Planning Commission.
(iv) Corner Lots shall be a minimum of 20 percent wider than interior Lots to allow for appropriate building setbacks and sufficient yard space.
(v) Any Lot that is not rectangular or that has a single dimension of less than 55 feet shall show the Building Envelope permitted under the current Zoning District regulations; a note to such Building Envelope filed on a separate document in the Planning Department shall identify the applicable Zoning District and the date of the Zoning provisions on which the preparer has relied in designating the Building Envelope.
(vi) Lawrence Residential
lots shall not be created where the width at the street right-of-way line is
less than 75[.3] % of the depth
of the lot except where the established neighborhood pattern would support a
lesser percentage or the lot frontages
onto a cul-de-sac.
Whenever an area is divided into Lots
with a lot area of one acre or greater, and there is a possibility that such Lots may eventually be re-subdivided into smaller Lots, consideration shall be given to the Street, and Lot
arrangement of the original Subdivision so that
additional Streets can be opened later to
permit a logical arrangement of smaller Lots. In the City Lawrence and
in the Urban Growth Area, provision for Easements
for the future opening and extension of such Streets
and for gravity sewerage and stormwater drainage shall, upon recommendation of
the Planning Commission and approval of the applicable Governing
Body, be made a condition of Plat
approval.
All Lots shall have Frontage on a public Street except that:
(1)
Private Streets may only be approved as part of a Planned Unit Developments and are not allowed in the unincorporated area
of the County; and,
(2)
Joint-Use Driveways in Lawrence with
a minimum paved width of 24 feet may be approved as part of the Subdivision approval process for campus-like commercial or industrial Developments (e.g., shopping centers, industrial/business parks), if there is a
city or county-approved easement of record ensuring perpetual access to the
Joint-Use Driveway by all Lots with Street Frontage and providing for
the perpetual ownership, continuance and maintenance of the Joint-Use Driveway. Joint-Use Driveway approaches serving residential uses may
only be approved with the filing of an instrument for joint maintenance of the
driveway approach area and only when individual driveways are separately
maintained beyond the Street right-of-way line. Joint-Use Driveways are not permitted in the unincorporated area of
the County.
(3) Joint-Use Driveway shall not be considered as parking or loading space or as an aisle for access to individual parking spaces in computing conformance with the parking requirements of the Zoning Ordinance.
(4) An alley may provide the primary vehicular access to one or more Lots in a subdivision, provided that each such Lot shall have Street Frontage on a Public Street. Alley access is particularly appropriate where the Street Frontage for the Lot is on a Collector Street.
(5) Joint use access points may be approved within Lawrence or the unincorporated area of the County when located wholly within the dedicated public street right-of-way or public road easement.
The lengths, widths, and shapes of Blocks shall be determined with due regard to:
(i) Limitations and opportunities of Topography and other physical features such as utilities, floodplains, wetlands and natural storm drainage patterns;
(ii) Provision of building sites adequate for the special needs of the type of use contemplated and adequate storm drainage from each lot, such as provisions of swales between lots;
(iii) Zoning requirements as to Lot sizes and dimensions; and
(iv) Need for convenient access, circulation, and control of Street traffic for safety.
Block length for Local Streets within the
City or Urban Growth Area Lawrence shall not
exceed 800 feet in length (centerline to centerline of Streets)
unless the Subdivider demonstrates to the
satisfaction of the Decision-Making Body that:
a. There are pedestrian connections at intervals of 700 feet or less, replacing the connection that would exist as a sidewalk along the Street; and
b. The proposed Block must be greater than 800 feet in length because physical conditions preclude a Block length of less than 800 feet. Such conditions may include, but are not be limited to, Topography or the existence of natural resource areas such as wetlands, Floodplains, wildlife habitat areas, steep slopes or woodlands.
[Reserved]
Block length for Local Streets within the Rural Area shall not
exceed 1,320 feet in length (centerline to centerline of Streets) unless all
rights-of-way for continuation of all Streets shown on the Major Thoroughfare
Map are dedicated or reserved for future development and the Subdivider
demonstrates to the satisfaction of the Decision-Making Body that a Block must
be greater than 1,320 feet in length because physical conditions preclude a
Block length of less than 1,320 feet. Such conditions may include, but are not
limited to, severe topography or the existence of natural resource areas such
as wetlands, Floodplains, wildlife habitat areas, steep slopes or woodlands.
A residential Block shall have sufficient width to allow for two tiers of Lots of appropriate depth unless it adjoins a limited-access Street, Collector Street, Arterial Street, railroad or other nonresidential use, in which case it may have a single tier of Lots that exceed the minimum lot width required in the zoning district.
Blocks may be
irregular in shape, provided their design meets the requirements of Lot standards, traffic flow and control
considerations and any adopted Area
Plan watershed/sub-basin
plans, sector or neighborhood Plan.
(i)
Local Streets within the City or Urban Growth Area Lawrence should
be less than 1,320 feet in length. Local Streets exceeding 800
feet in length shall include traffic calming devices, shown in an adopted City
of Lawrence Traffic Calming Policy document, at intervals not exceeding 400
feet.
(ii)
All Streets within Subdivisions shall be laid-out, arranged and designed in
accordance with any adopted Area Plan watershed/subbasinplans, sector or neighborhood
Plan or, in the absence of such a plan, with all
applicable Street Layout and Design standards of this Article.
(iii) Arterial and Collector Streets shall be laid-out, arranged and designed in accordance with any adopted Major Thoroughfares Plan or corridor plan.
(iv) Subdivisions shall provide a logical Street layout in relation to topographical conditions, public convenience, safety and the proposed use of the land to be served by such Streets.
(v)
At time of Preliminary Plat approval, the full right-of-way for all boundary line and full purpose maintenance roads shall be annexed to
the City.
(i) Every subdivision shall provide for at least one street connection to each adjacent subdivision or future adjacent subdivision. Any existing or Platted Street that terminates at the boundary line of a proposed Subdivision shall be continued into the subject Subdivision in such a manner as to provide Street connections to adjoining lands and Streets within the subject Subdivision or, in the case of a local Street, may be terminated in a cul-de-sac.
(ii) Streets shall provide for Street connections to adjacent undeveloped land in accordance with the adopted Major Thoroughfares Plan.
(iii)
No new Subdivision shall be approved in which more than fifty thirty-five (35) residential Lots
or potential residential dwelling units, or more than 25,000 square feet of nonresidential
space will have access to the public road system via a single outlet to the
arterial and collector Street system as shown on the adopted Major
Thoroughfares Plan.
[Diagram that was here was deleted.]
(i) Local Streets generally should not intersect Arterial Streets. The Planning Commission, with the advice of the City Engineer, may approve a new connection of a Local Street to an Arterial Street where it finds that such connection is part of the best traffic solution for the new subdivision and where the Subdivider will add turn lanes or other improvements recommended by the City Engineer to the Arterial Street to minimize the impact of the connection on the functioning of the Arterial Street.
(ii) Local Streets intersecting opposite sides of another Local or Collector Street when offset shall be offset 300 feet or more.
(iii) Streets shall intersect as nearly as possible at right angles.
(iv) Not more than two Streets shall intersect at any one point.
(v) Residential connector Streets shall be designed within neighborhoods to connect to these neighborhoods’ service areas. These residential connector Streets shall have sidewalks on both sides.
All platted Subdivisions
lying within the City or Urban Growth Area Lawrence shall
comply with the following cross-section standards:
|
Street Type |
Right-of-Way |
Roadway |
Sidewalks (See §20-811(c)) |
||
|
Min. Width (feet) |
Min. Width (feet) [1] |
Paving |
Curb and Gutter |
|
|
|
Principal Arterial |
150 |
* |
Required |
Required |
Both Sides |
|
Minor Arterial (3 lane) |
100 |
40 |
Required |
Required |
Both Sides |
|
Collector |
80** |
36 |
Required |
Required |
Both Sides |
|
Local or Residential Collector |
60 |
30 |
Required |
Required |
Both Sides |
|
Local |
60 |
27 |
Required |
Required |
Both Sides |
|
Limited Local |
50 |
22 |
Required |
Required |
Both Sides |
|
Cul-de-sac *** |
60** |
22 |
Required |
Required |
Both Sides |
[1] Measured from back of curb to back of curb.
[2] Includes limited access routes.
* As directed by the City Engineer
** Additional r-o-w may be necessary at Intersections
***Paved bulb with 50’ radius is required
All residential Developments and nonresidential Subdivisions within the Rural Area shall comply with the following minimum cross-section standards:
|
Street Type |
Right- of-Way |
Roadway |
Sidewalks (See §20-811(c)) |
|||
|
Min. Width (feet)* |
Min. Width (feet) [1] |
Traveled Way Paving |
Min. Shoulder Width |
Shoulder Paving |
||
|
Principal Arterial (w/ median) |
150 [2] |
** |
Required |
** |
Required |
(See §20-811(c)) |
|
Principal Arterial (w/o median) |
120 |
40 |
Required |
8 |
Required |
(See §20-811(c)) |
|
Minor Arterial |
100 |
36 |
Required |
6 |
Required |
(See §20-811(c)) |
|
Major Collector |
80 |
32 |
Not Required |
4 |
*** |
(See §20-811(c)) |
|
Minor Collector |
70 |
28 |
Not Required |
2 |
*** |
(See §20-811(c)) |
|
Local |
70 |
24 |
Not Required |
2 |
*** |
(See §20-811(c)) |
[1] Measured from edge of pavement to edge of pavement.
[2] Includes limited access routes.
* Right-of-way shall be sufficient to include top of ditch backslopes; may be variable
** Shall meet latest AASHTO geometric tabular design standards or tabular standards,
whichever is greater.
*** Shoulder surface type shall match traveled way surface type, unless otherwise approved
by the County Engineer
The finished grade for all Streets shall be at or above the Base Flood Elevation. The grades of Streets shall comply with the following standards:
|
Street Type |
Maximum Grade (%) |
Minimum Grade (%) |
|
Arterials (Principal and Minor): |
|
|
|
City or Urban Growth Area |
5 |
1.0 |
|
Rural Area |
5 |
1.0 |
|
Collector (Major or Minor) |
9 |
1.0 |
|
Marginal Access |
10 |
1.0 |
|
Local |
10 |
1.0 |
Note: The City or County Engineer, as applicable, shall be authorized to approve minor deviations for short distances from these grade standards when it is determined that compliance with these standards is impracticable.
The minimum radius of curvature of the centerline of Arterial and Collector Street shall be as follows:
|
Design Speed (MPH)* |
Minimum Curvature Radius (feet)* |
Minimum Tangent Length (feet)* |
|
20 |
125 |
75 |
|
25 |
205 |
100 |
|
30 |
300 |
150 |
|
35 |
420 |
200 |
|
40 |
565 |
250 |
|
45 |
730 |
250 |
|
50 |
930 |
250 |
|
55 |
1,200 |
250 |
(i) Cul-de-sac lengths shall not exceed 10 times the required minimum Lot Width of the base zoning district or 1,000 feet,(1320 feet if rural) whichever is less. A Cul-de-sac’s length shall be measured from the center point of the Cul-de-sac bulb or turn-around to the centerline of the right-of-way of the nearest intersecting Through Street.
(ii) Maximum Cul-de-sac length may be increased by up to 25% above the maximum allowed by Section 20-810(7)(i) during the Subdivision approval process if the Decision-Making Body determines that the proposal meets all of the following criteria:
a. It is impracticable to connect the Street to another Street or to provide a second means of access that would avoid the Cul-de-sac or allow the Cul-de-sac to meet the Cul-de-sac length limit because:
1. The area is separated from other parts of the Subdivision or a possible Street connection by Floodplains, wetlands, steep slopes greater than 10% or other natural resource areas, making it impracticable to provide the area a second means of access that would avoid the Cul-de-sac or allow the Cul-de-sac to comply with the maximum Cul-de-sac length limit (e.g., by providing a loop Street into the area instead of the Cul-de-sac, or extending the Cul-de-sac to connect to another Street), and
2. Other properties adjoining the area have already been subdivided or developed in a manner that precludes connecting the Cul-de-sac to an existing or proposed Street, or the area is so separated from adjoining properties providing potential access by Floodplains, wetlands, steep slopes or other natural resource areas thereby making it impracticable to extend or connect the Cul-de-sac to the adjoining properties; and
b. Use of Cluster Housing provisions of this Development Code would not reasonably allow compliance with the Cul-de-sac length limit of Section 20-810(d)(7) and realization of at least 75 % percent of the maximum Lot density allowed by the site’s base zoning; and
c. The degree of increase in allowable Cul-de-sac length is the minimum necessary to allow the above findings.
d. The Subdivider bears the burden of demonstrating that all criteria have been met.
(iii) All Cul-de-sacs shall have a minimum right-of-way radius of 60 feet.
(iv) In Subdivisions with Cul-de-sacs, Easements may be required to ensure that the water supply system is looped.
(v) If a Cul-de-sac is longer than 600 feet, the subdivision shall include Pedestrian Right-of-Way Easements at the terminus of the Cul-de-sac to provide pedestrian connections to and from the Cul-de-sac, in accordance with 20-810(f)(4)(iii).
(vi) Streets longer than one Lot that terminate at the property boundaries of undeveloped land shall provide an improved temporary Turnaround.
(i) Whenever right-of-way for one-half of a Street has been dedicated to bring that Street to then-current standards, regardless of whether that half of the Street has been improved, and a subdivision of land adjoining the other half of the Street is proposed, the remainder of the right-of-way shall be dedicated and improved by the Subdivider.
(ii) New Half-Streets are prohibited, except when the Decision-Making Body determines that a Half-Street is the only means of accommodating reasonable Development of the proposed Subdivision and adequate assurances in accordance with Section 20-811(h)(2) are provided that the remaining portion of the Half-Street will be dedicated and improved.
(iii) Lots abutting on Half-Street that take sole access from that public right-of-way shall be designated as non-buildable (on the Plat) until the remainder of the Street is dedicated and improved. No building permits shall be issued for Lots with access only to a Half-Street until the entire remainder of the Street right-of-way between the two nearest intersecting Streets and passing in front of the subject lot(s) is dedicated and improved.
(i) Private Roads are prohibited in the Unincorporated Area of Douglas County, except for those that were approved prior to December 15, 1998.
(ii)
New Private Streets
in the City are permitted only in Planned Unit
Developments approved by the Planning Commission and Governing Body City
Commission.
(iii)
Before Douglas County will consider a request to assume maintenance of any existing Private
Street, by Dedication or otherwise, the property must be platted
and the Street or road must be brought into compliance with all
applicable Street Road
and right-of-way standards.
(i) Alleys shall be provided in commercial and industrial districts, except that the Governing Body may waive this requirement where other definite or assured provisions are made for service access, off-Street loading and unloading and parking spaces consistent with and adequate for the uses proposed.
(ii) Alleys shall have a minimum right-of-way width of 20 feet.
(iii) Alleys shall comply with the construction standards of the city and/or county, as provided in these regulations.
(iv) Intersecting Alleys shall be prohibited except when no feasible alternative exists. When Alley Intersections are unavoidable, a turning radius shall be provided to permit safe vehicular movement.
(v) Dead-End Alleys shall be prohibited. When such Alleys are necessary to serve dock areas, they shall be designed with adequate turn-around facilities.
(i)
Street names shall be proposed by the Subdivider, reviewed by the Public Works Department, and approved by the appropriate Governing Body
City Commission. The approval of Street names shall
be within the legislative discretion of Governing Body City
Commission.
(2) , subject to the following standards:
(i) Compass directions shall not be used as part of Street names;
(ii)
The identifiers “Street”, “avenue”, “court, “terrace,” and “place” shall be used only in
accordance with the respective definitions of those terms., as set forth in Section 20-815(b).
(iii) Streets that run in an east – west direction shall be named as numbered Streets.
(3) Existing Street names shall be used where the Street to be named is, or would be, a logical extension of an existing Street even though separated by undeveloped land, natural physical barriers or man-made obstructions.
(4) Where a proposed Street is shown on an adopted Major Thoroughfares Plan and such plan indicates a name for that Street, that name shall be used.
(5) Lot numbers shall be assigned by starting in the northeast corner of each Block and proceeding in a counterclockwise direction. When a Street separates a group of Lots, a new Block shall be identified, and the Lots within the new Block shall be numbered as herein specified.
(6) House numbers assigned to lots within the Urban Growth Area shall continue the numbering pattern of the house numbers in the city it is adjacent to.
Permanent utility Easements shall be provided where necessary to accommodate utilities that will serve the Subdivision. Permanent utility Easements shall be provided where necessary to allow for utility service in and through the proposed subdivision. Where such an Easement is necessary, it shall be centered on rear or side Lot Lines, as applicable, and shall be at least 30 feet and 10 feet wide respectively, except that Easements for Street lighting purposes only need not exceed 10 feet in width.
Temporary utility Easements shall be provided where necessary to accommodate the installation of utilities that will serve the Subdivision. Temporary utility Easements shall be centered on rear or side Lot Lines and shall be at least 30 feet and 25 feet wide respectively. The temporary utility Easement shall expire after the initial installation of the required utilities. After the expiration of a temporary utility Easement, the permanent utility Easement will govern.
Drainage Easements for water courses, drainage Swales or streams which traverse a Subdivision may be required. Drainage Easements shall be exclusively for that use and separate from the Dedication of other utility Easements. Upon the request of the Planning Commission, the City or County Engineer, as applicable, shall make recommendation to the Planning Commission regarding the desired width of the Drainage Easement. Such study and report shall be based on the 100-Year Flood depth (if known), or the Regulatory Flood Elevation when provided by the Federal Insurance Administration.
(i) It is the goal of the City to ensure that the pedestrian circulation system within the City and within the Urban Growth Area forms a complete and effective network that includes, but is not limited, to sidewalks along Streets. In particular, it is the goal of the City to ensure that people have efficient and relatively direct pedestrian access between their places of residence and:
a. Nearby elementary schools;
b. Nearby parks and recreation facilities;
c. Other public facilities, such as libraries and community centers;
d. Adjoining neighborhoods or subdivisions, regardless of whether there are direct Street connections between the neighborhoods and/or subdivisions;
e. Any nearby shopping or service centers;
f. The nearest Arterial or Collector Street with a bus route; and,
g. Any nearby access point to a trail or greenway system.
(ii)
In furtherance of
that purpose, Pedestrian Right-of-Way Easements shall be required when Block
lengths for Local Streets exceed 800 feet in length. Such Easements shall
extend entirely across the width of the Block at approximately the midpoint of
the Block. Pedestrian Right-of-Way Easements shall have a minimum width of 16
12 feet. The Planning Commission may waive this requirement where, due to
topography or physical barriers, the Pedestrian Right-of-Way would not form a
logical part of the larger pedestrian circulation system.
(iii)
Also in furtherance
of that purpose, additional Pedestrian Right-of-Way Easements should be required within
the City and Urban Growth Area to provide pedestrian connections from a
Subdivision to schools, parks, shopping, employment or other nearby uses and to
link pedestrian routes in adjacent Subdivisions or neighborhoods, including a
pedestrian connection at the terminus of each Cul-de-sac. Pedestrian-Way
Easements shall have a minimum width of 20 12 feet.
(iv)
The responsibility
for paving the pedestrian way shall be the developers, and these pedestrian
ways shall be constructed concurrent with the paving of the most adjacent
Roadway, unless otherwise provided by the Governing
Body City Commission,
in acting on the final plat. The responsibility for maintenance of the
pedestrian way shall be that of adjacent property owners or the homeowners
association for the subdivision.
The Planning Commission shall encourage or require the donation, reservation, or Dedication of sites for parks, open space, schools and other public facilities in accordance with the Comprehensive Plan for Parks and Recreation in the amount of 5 percent of the total land area of a residential subdivision plus $600 per lot for each single family dwelling Lot.
Land within a Floodplain Overlay District shall be subject to the Flood Protection Standards of Article 12 and to the comparable provisions adopted by the Board of County Commissioners for the Unincorporated Area of Douglas County.
(1) Subdivisions shall be designed to preserve natural resources and environmentally sensitive areas, such as streams, wetlands, prominent natural geographic features, and stands of mature trees. See Section 20-1101(c)(2)(iii) b., which requires that development of lands containing more than 5 percent defined sensitive lands can be developed only through a Cluster Development or a Planned Unit Development. Section 1101(c)(3) requires that certain sensitive lands be dedicated, included in private open space or otherwise preserved through development design. Note also that Section 1101(c)(4) may limit the achievable density of developments containing specified sensitive lands.
(2)
Subdivisions shall
be designed to preserve archaeological and historical sites. See Section
20-1101(c)(2)(iii) b., which requires that development of lands containing more
than 5 percent defined lands, which include archaeological and historic sites, can be developed
only through a Cluster Development or a Planned Unit Development.
Section 1101(c)(3) requires that certain archaeological and historic lands be
included in private open space or otherwise preserved through development
design. Note also that Section 1101(c)(4) may limit the achievable density of
developments containing archaeological and historic sites.
(1) Residential Developments and non-residential Subdivisions shall be designed to protect and conserve through the dedication of conservation easements, natural resources and environmentally sensitive areas. These include Floodways, based on the FEMA’s one-hundred year storm; Floodplains, based on the FEMA’s one-hundred year storm; jurisdictional wetlands; stream corridors; prominent natural geographic features with rocky outcroppings; and, stands of mature trees or individually significant mature trees.
(2) Residential Developments and non-residential Subdivisions shall be designed to protect and conserve through the dedication of conservation easements, archaeological and historical sites.
Soils shall be identified based on the Soil Conservation Survey soils categories and characterisics. Soils test shall be obtained to verify sub-surface soil characteristics for rocky or unstable soil types, when requested by the City Engineer, for areas proposed to be dedicated for public rights-of-way and public easements.
All Public Improvements, including but not limited to Streets, curbs, gutters, storm sewers and storm drainage, roundabout, pedestrian facilities, traffic calming devices or traffic control devices shall comply with the construction standards established by the City Engineer or County Engineer, as applicable. Such standards are incorporated herein by reference.
In the Unincorporated Area of Douglas County, at or before the time of construction of public improvements, sufficient grade and alignment stakes shall be set by a licensed land Surveyor, engaged by the Subdivider to assure compliance with plan, profile and drainage of Streets and such other Public Improvements as are proposed and submitted with the Final Plat and approved by the County Engineer. Compliance with the items listed above and use of appropriate construction methods shall be determined by the County Engineer. A permit shall be issued by the County Engineer for the construction of a future public improvement prior to commencement of any work activity associated with the improvement. A fee in an amount set by Resolution of the County Commission shall be charged for the permit. This sub-section (2) shall apply only to subdivisions in which the complete lot pinning required by Section 20-811 (g)(8) has not been completed at the time that the first public improvements are installed.
Compliance with the items listed above and use of appropriate construction methods shall be determined by the County or City Engineer, as applicable. A permit shall be issued by the County or City Engineer, as applicable for the construction of a future public improvement prior to commencement of any work activity associated with the improvement. A fee in an amount determined by resolution of the Governing Body shall be charged for the permit.
Subdivision Streets located within the incorporated city limits shall be constructed to comply with standards adopted by the City of Lawrence.
Subdivision Streets located within the Urban Growth Areas shall be constructed to the Street and road
standards of the City of Lawrence that established the Urban
Growth Area.
Subdivision roads located within the Rural Area shall be constructed to the higher of the following standards:
(i) Road standards adopted by the Township(s) in which the road is located;
(ii) Standards specified on an adopted Major Thoroughfare Map;
(iii) Other adopted County standards applicable to a road of the classification and/or location of the proposed road; or
(iv) At a minimum, adopted Douglas County rock Roadway standard.
Wherever a proposed Subdivision contains or is adjacent to
a limited access Street; an Arterial Street; or a railroad right-of-way; the Decision-Making
Body appropriate Governing Body may shall require
the following for the protection for the integrity and subsequent safety,
efficiency and economy of the access, Arterial, or railroad right-of-way:
(i) Dedication of a Local Street to provide Ingress and Egress to and from such Blocks or Lots;
(ii) A Street approximately parallel to and on each side (where applicable) of such limited access Street, Arterial Street, or railroad right-of-way at a distance suitable for the appropriate use of the land between such Streets;
(iii) Reverse Frontage Lots with Access Control provisions along the rear property line; or
(iv) Adequate distance between such parallel Streets and the Arterial, limited access Street, or railroad so as to provide for proper approach grades and future grade separation.
Sidewalks and pedestrian ways shall be provided in the City of Lawrence and in platted subdivisions in the Urban Growth Areas in accordance with the standards of this sub-section (for Lawrence and the Lawrence UGA) or the applicable UGA city’s standards (Baldwin City, Eudora, or Lecompton):
(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’ side walk on the other side |
(ii) Sidewalks shall be constructed in accordance with standards and specifications adopted by the applicable Governing Body.
(iii)
A Subdivider The Applicant for a Subdivision may request a waiver
of part or the entire requirement to install sidewalks. The Planning
Commission may make a recommendation on such waiver request, but final action
on the waiver request shall be by the Governing Body, as part of the Final Plat
review. If the applicable Governing Body takes no specific action on a
proposed waiver of part or all of a sidewalk requirement, the waiver shall be
deemed to be denied. In reviewing waiver requests from the standard sidewalk
width, special consideration shall be given to walks adjacent to Collector or
Arterial roads located in historic districts and areas with severe site
Topography which would make it impractical or difficult to build a sidewalk in
accordance with the above standards.
(iv) Sidewalks required to be constructed within the same right-of-way as the Street being paved shall be constructed concurrently with the paving of the adjacent Roadway.
(v) Where an approved Preliminary Plat (including a condition to such Plat) shows a pedestrian way other than a sidewalk, an improved pedestrian way not less than eight (improved) feet wide in Easement space dedicated for that purpose shall be provided by the Subdivider. Pedestrian Right-of-Way Easements shall be improved in accordance with adopted City construction standards to a width of 12 feet and shall conform to all accessibility requirements of the Americans with Disabilities Act. Completion of the improvement for any segment of such Easements shall not be required under the earlier of three years after approval of the Final Plat or three months after the issuance of the last Building Permit for a lot adjoining the segment; completion of such improvements shall be guaranteed in accordance with Section 20-811(g)(8).
(vi) Public Improvement Petitions shall include the construction of sidewalks or pedestrian ways, except where the appropriate Governing Body has specifically waived the installation as provided Section 20-810(f)(4)(ii) above. The total cost of all sidewalks or pedestrian way Improvements shall be borne by the property benefited in the improvement district.
The Planning Commission shall be
authorized to may recommend that
and the Board of County
Commissioners shall be authorized to require sidewalks in other Major Subdivisions when deemed necessary to provide for
safe pedestrian connections to nearby schools, parks, shopping, employment or
other uses or activities. See also the Pedestrian-Way Easement provisions of Section
20-810(f)(4).
(1)
On-Site Sewage
Management Systems are
prohibited on any land which is Platted under these regulations or created through an
administrative review procedure of these regulations and is
located in the City of
Lawrence or in Service Area 1 of
the Urban Growth Area of
Lawrence.
(2)
On-Site Sewage
Management Systems may be
permitted in the Subdivisions in Service Areas 2-4 of Lawrence’s Urban Growth Area, other City’s
Urban Growth Areas, or in Subdivisions in the Rural Area, subject to the following
minimum Lot area standards:
(i)
For Lots that use
well water as the primary Potable Water source, the minimum Lot area for an On-Site Sewage Management System use is 5 acres. Any land located within the Floodplain shall
not be counted in calculating Lot area for the purpose of meeting minimum Lot area requirements for on-site sewage management system use;
(ii)
For all other Lots,
the minimum Lot area requirement for an On-Site Sewage Management System use is 3 acres. Any land located within the
Floodplain shall not be counted in calculating Lot area for the purpose of
meeting minimum Lot area requirements On-Site Sewage Management System use;
(iii) No portion of an On-Site Sewage Management System shall be located within the FEMA designated floodplain; and,
(iv) Calculation shall not include land dedicated for rights-of-way or exclusive Easements.
(3) Community Sewage collection and treatment facilities (including lagoons) may be provided for subdivided or newly created Lots or parcels in the Urban Growth Areas or for any other newly created Lots not suitable for an On-Site Sewage Management System.
(i) Such systems shall be subject to approval by the Kansas Department of Health and Environment and shall be designed to allow for future connection to a public sewer system.
(ii) Maintenance of such facilities shall be provided by a Homeowner’s association, benefit district (if then permitted under Kansas law), or other appropriate entity. Evidence shall be submitted at the time of Subdivision approval showing the establishment of such an entity to be responsible for maintenance and management of the system.
(4)
In situations in
which an septic systems On-Site Sewage Management System has been proposed, no Subdivision shall
receive final approval until the Subdivider has presented evidence that septic systems the On-Site Sewage Management System, as a method of Sewage disposal for the Subdivision, have
has been
approved by the Douglas County Health Department.
(5) Where On-Site Sewage Management Systems are allowed under these regulations, they must be approved by the County Health Officer.
(6)
On-Site Sewage
Management Systems shall be
constructed in accordance with “Standards on Individual On-Site Sewage
Management System - Lateral Fields and Other Sewage Disposal Systems for the
Unincorporated Territory of Douglas County, Kansas,” Douglas County Sanitary
Code, October 1977, County
Sanitation Code, Resolution 97-48, and amendments thereto.
(1) Before approval of a Final Plat or Certificate of Survey which will not be served by the City of Lawrence utilities, the Subdivider shall provide written documentation to the Douglas County Health Department that a Publicly Treated Water supply is provided for all Lots.
(3) Subdividers are required to consult with the applicable Fire Department and Rural Water District to determine if the provision of Fire Hydrants as part of the Public Water supply system is feasible.
(i) In those cases where the provision of Fire Hydrants as part of the Public Water supply system is determined by the Fire Department and Rural Water District to be feasible, Fire Hydrants must be provided.
(ii) Where existing water pressure is insufficient for Fire Hydrants as part of the Public Water supply, or where there is no Publicly Treated Water supply, the Subdivider must install dry hydrants adjacent to a pond or other water storage device with sufficient capacity, and in an appropriate location, to support firefighting needs as determined by the applicable Fire Department.
(4) Evidence shall be submitted with the Final Plat showing compliance with the requirements of this section.
Telephone, cable television and electrical lines must be located underground when located in the City of Lawrence or Subdivisions in Lawrence’s Urban Growth Area. This requirement shall be noted on the face of the Plat. This provision shall not apply to high voltage electrical lines.
All Subdivisions within the City of Lawrence or Lawrence’s Urban Growth Area shall be required to provide a Master Street Tree Plan that meets the standards of this sub-section.
Street trees shall consist of canopy shade and/or ornamental trees, as defined below and meeting the following minimum requirements:
Medium or large trees, as defined by Section 18-103(E) of the Code of the City of Lawrence, Kansas, and amendments thereto, which can reach a mature height of 45 feet or greater are required except that ornamental trees planted pursuant to Section 21-708a.2 are not subject to the 45 foot height requirement. The minimum trunk caliper of Street trees, at the time of planting, measured six inches above the ground in accordance with the American Nurseryman Standards shall be as follows:
|
Street Tree Type |
Minimum Trunk Caliper (inches) |
Mature Height (feet) |
|
Canopy Shade |
2 (ball and burlap or equivalent) |
At least 45 |
|
Ornamental |
1.5 (ball and burlap or equivalent) |
No more than 20 |
One tree shall be provided for every 40 feet of Street Frontage. The City may approve a Master Street Tree Plan that varies from this requirement to allow for Driveways, utilities, and Intersection visibility requirements.
The following minimum requirements shall apply to all master Street tree plans. To prevent uniform insect or disease susceptibility, a mix of species shall be provided. The City Parks and Recreation Department shall, upon request, provide a list of trees that are acceptable to satisfy the requirements for master Street tree plans. To promote diversity in the urban forest, the number of trees required to be planted shall be in accordance with the following requirements:
|
Number of Trees per Plat |
Minimum Number of Species |
|
1–10 |
1 |
|
11–20 |
2 |
|
21–30 |
3 |
|
31–40 |
4 |
|
41+ |
6 |
Street trees shall be located in the front-yard, building setback and/or adjacent to the right-of-way at a distance not greater than ten (10) feet from the boundary line of the right-of-way. Street trees shall not be planted until after planned utilities have been installed. Trees shall be planted no closer than eight (8) feet from existing underground utility lines. On corner Lots, no tree shall be planted nearer than fifty (50) feet from the intersecting curb lines of the two Streets. No tree shall be planted between the curb and the sidewalk if the clear space is less than 3 feet wide.
Street trees shall be located either within the Street right-of-way or within the required front yard building setback, PROVIDED, no tree is located farther than 30 feet from the back of the curb, with the exception of Lots on the radius of a cul-de-sac which shall be located not greater than 45 feet from the back of the curb. Street trees shall not be planted until planned utilities have been installed. Trees shall be planted no closer than 8 feet from existing utility lines. On corner Lots, no tree shall be planted nearer than 50 feet from the intersecting curb lines of the two Streets. No tree shall be planted between the curb and the sidewalk if the clear space is less than 3 feet wide. [RE: Chapter XVIII of the City Code]
Street trees shall be evenly spaced along the Street Frontage unless one or more of the following conditions exist: a) the Lot is on a corner; b) the presence of existing trees, which qualify for credit under Section 20-811(g)(5), interrupt the even spacing of trees; c) topographic conditions (i.e. steep gradient, rock outcroppings), based on Planning Staff evaluation, dictate building location and Driveway placement which interrupts the even spacing of Street trees.
If the planting site will prevent the growth of canopy shade trees due to overhead utility lines, ornamental trees shall be permitted as a substitution for the canopy shade trees in accordance with the Location and Clustering requirements of this Section and shall be subject to the following requirements: a) the canopy of the ornamental tree(s) shall be no closer than 10 feet from the overhead lines and its mature height shall not exceed 20 feet; and; b) the ornamental tree(s) shall be planted at least 15 feet away from any Street light.
Lots on cul-de-sacs that have a Street frontage of 45’ or less shall be required to provide only one Street tree per lot.
(i) A proposed written Master Street Tree Plan shall be submitted at the time a Final Plat is submitted to the Planning Department for review.
(ii) Prior to recording the Final Plat with the Register of Deeds, the Applicant shall provide a Master Street Tree Plan that is signed and properly acknowledged by the property Owner(s). The Master Street Tree Plan shall be written to be binding on present and future property Owners. A reference line shall be provided on the Final Plat indicating the book and page where the Master Street Tree Plan is filed which shall be completed by Planning Staff at the time the Final Plat is filed at the Register of Deeds.
(iii) The Master Street Tree Plan shall be prepared in a format established by the Planning Department and shall include the following information: (a) a list of acceptable Street tree types; (b) the number, location and size of existing trees proposed to be saved and applied to the fulfillment of this requirement; (c) the provisions to be taken pursuant to Section 18-107 of the Code of the City of Lawrence, Kansas during construction for the protection of existing trees to be saved (if any); (d) if trees are proposed in Street medians, provisions for maintenance (including how water line extensions will be paid); and (e) the identification of power line locations.
(i) Each Final Plat filed on and after January 1, 2003, for detached or attached single family residential Structures to be built on individual Platted Lots in a City residential Subdivision in RS zoning districts shall contain the following note on the face of the Final Plat: “The City is hereby granted a temporary right of entry to plant the required Street trees pursuant to Section 20-811(g) of the City Subdivision Regulations.”
(ii) For Final Plats filed before January 1, 2003, for detached or attached single family residential Structures to be built on individual Platted Lots in a City residential Subdivision in RS zoning districts, the property Owner of undeveloped Lots for which a city building permit has not been issued shall sign a consent form and submit it with the building permit application granting the City of Lawrence temporary right of entry to plant the required Street trees pursuant Section 20-811(g) of the City Subdivision Regulations.
Existing trees may be applied toward the fulfillment of this Street tree requirement when:
(i) All of the following conditions exist
a. The tree is healthy and of a species the Director of the Parks and Recreation Department or his/her designee determines to be desirable as a Street tree;
b. The existing tree is within the Street right-of-way or within 30 feet of the back of the curb or proposed curb line;
c. The tree(s) caliper of a canopy shade tree is at least four inches measured six inches from the ground, or in the case of an ornamental tree, the tree caliper is at least two inches, measured six inches from the ground, in accordance with the American Nurseryman Standards;
d. The Applicant has submitted a tree protection plan that conforms with the requirements of Section 18-107 of the Code of the City of Lawrence, Kansas, and amendments thereto, and
(ii) The existing or proposed location of overhead utility lines along the Street right(s)-of-way will not prevent the full growth of the Street tree.
(i) The timing of, and manner in which the Street trees shall be planted for detached or attached single family residential Structures to be built on individual platted lots in city residential subdivisions final platted in RS Zoning Districts filed on and after January 1, 2003, shall be in accordance with City Administrative Policy No. 83.
(ii)
The timing of, and
manner in which the Street trees shall be installed on those undeveloped Lots
for which the City has not issued a building permit for detached or attached
single-family residential Structures on individual Lots within existing Platted
Subdivisions in the RS and RM-D RM12D zoning districts filed before January 1, 2003, shall be in accordance with City Administrative Policy
No. 83.
(iii) For all other required Street trees not covered by (i) and (ii) above, and/or Developments requiring a site plan:
a. Trees shall be installed, after other Public Improvements, if water is available for their care and maintenance. The property Owner or his designee shall be required to guarantee planting of the tree at the time a building permit application is submitted.
b. Street trees shall be planted prior to final building inspection or the issuance of an occupancy permit. Consideration shall be given to seasons of the year and adverse weather conditions in requiring completion of tree planting PROVIDED, the guarantee for planting is extended to the date of completion of tree planting.
c. Guarantee shall be provided in the following form:
1.
A cash escrow
deposit in a federally insured commercial bank or savings and loan institution
authorized to do business in Kansas in an amount set forth in the City of
Lawrence Administrative Policy No. 83. This escrow deposit shall be invested
and reinvested by such bank or savings and loan, the interest or discount from
which shall be paid to the Subdivider upon final release of such escrow deposit
as determined by Section 21-702 20-811. Money will be withdrawn to pay the
Developer or a designated nursery after the installation of said trees and prior
to the issuance of a final certificate of inspection; or
2. The appropriate Governing Body, at its discretion, may accept an irrevocable letter of credit from a financial institution or a corporate surety performance bond in lieu of a cash escrow deposit to insure the planting of the required Street trees.
(i) Continuing maintenance of trees planted by the City shall be in accordance with the maintenance provisions set forth in City of Lawrence Administrative Policy No. 83.<