PC meeting 07/27/05

ITEM NO. 15:           COMPREHENSIVE PLAN AMENDMENT TO ADD NEW CHAPTER REGARDING RURAL PLANNING & DEVELOPMENT (DRG)

 

CPA-2005-04:  Consider an amendment to the Comprehensive Plan, Horizon 2020, which proposes to incorporate into the plan a new chapter pertaining specifically to rural planning and development of the unincorporated areas of Douglas County.  This draft chapter has been prepared by members of the Rural Planning Committee, a subcommittee appointed by the Chair of the Lawrence-Douglas County Metropolitan Planning Commission.  This item was initiated by the Planning Commission at their June meeting.  The draft chapter and other associated background documents related to the chapter are posted on the Lawrence-Douglas County Planning Office website, file:///C:/Documents%20and%20Settings/cfolkmann/Local%20Settings/Temporary%20Internet%20Files/Local%20Settings/Temporary%20Internet%20Files/OLK3/www.lawrenceplanning.org.

 

STAFF PRESENTATION

Ms. Finger summarized the goals of the proposed chapter created and forwarded for Commission Consideration by the RPC:

·         Address the need for a Cost of Community Services Study to determine the fiscal impact of rural residential subdivisions

·         Establish a hierarchy for rural residential development through minimum standards for development within the Urban Growth Area

·         Provide protection of for traditional agricultural land uses and the pursuit of these traditional uses in the rural areas beyond or outside the UGA

·         Recognize agricultural entrepreneurialism and establish a new zoning form (Planned Agricultural District - PAD) to use in the development of this type of use

·         Encourage the preservation of prime farm ground

·         Encourage the preservation of lands that area geographically or environmentally sensitive or of historic significance

·         Establish a basis for a county-wide access management plan

·         Identify the need for residential subdivisions in the unincorporated areas to give consideration to quality of life issues

·         Discourage commercial uses and industrial types of development within the unincorporated areas of the County unless these developments are consistent with specific recommendations in HORIZON 2020

 

PUBLIC COMMENT SECTION

Alan Black spoke on behalf of the League of Women Voters, reading written remarks into the record.  He said the League supported the chapter, feeling this is the best way – short of annexation – to address serious problems associated with unincorporated development. 

 

 

 

 

Some remaining concerns included:

• To be effective, stormwater management planning should be included that looks at complete watersheds and drainage basins and should be done prior to platting.
• There should be a requirement for advance neighborhood planning with whole sections unless there is already an established patterns of 40-acre subdivisions.
• 20-acres is too small for residential lots in the unincorporated rural areas. The League suggests a 40-acre minimum residential lot size.
• Clarification is needed for terms such as “reasonable” and “unduly”.  These general terms create ambiguities that can be eliminated by the use of standards instead of general terms.

 

Mr. Black responded to questioning that the League agreed watershed planning should be done for the entire County, but it was undetermined where financing for this planning should come from.

 

Betty Lichtwardt, Lawrence resident, suggested that rural development was a community-wide concern created as the County tried to “catch up” for the lack of long-range planning until 1966.

 

Tim Herndon, Landplan Engineering, spoke about challenges facing the engineering and development community that were inherent in the chapter as presented:

• The build-through acreage concept includes a component called a transitional plan, showing how the area would transition to urban subdivision upon annexation.  It will not be easy to superimpose this kind of planning over a typical County subdivision (Ex. 70’ County road right-of-way with 3-5+ acre lots).
• Policy 2.5 says an RDP will accompany zoning and be integral part of each rezoning request in addition to other legal documents and transitional plans.   It is unfair to require this level of study and documentation at the zoning stages.
• The development community should be allowed to see the chapter implemented in sample plan, testing how these regulations would be put to use in an actual subdivision.

 

Haase commented that the build-through acreage concept had been used with documented success on a limited basis in other parts of Kansas.  The text related to this concept was drawn from regulations being put to use in Lincoln/Lancaster, Nebraska.  He said the proposed chapter would make site selection more important and would make developers think through their projects thoroughly, which was challenging but “doable”.

 

Haase did not agree that a prototype project needed to occur before the regulations were adopted.  He said it would be a joint private/public venture to “find the rough edges” in the chapter.

 

Mr. Herndon questioned how closely Lawrence compared to the cities and counties where the build-through concept was being applied.  He said the City must be cautious about adopting regulations before understanding the potential impact on quality of life, the home buyer, the developer, and the governing bodies that would have to manage the product.  He added that “doable” did not mean “reasonable” or “practical.”

 

Mr. Herndon responded to questioning that he did not think the entire chapter was a “failure”, but that certain components had not been thought through for their full impact.

 

COMMISSION DISCUSSION

The Commission discussed whether they were comfortable taking action on the chapter tonight, or if another meeting was needed to deal specifically with this issue.  Some felt another meeting would be a reasonable course of action, while others said more discussion would not be significantly beneficial in their decision.  It was suggested that the public concerns were on record and would have be considered of the City/County negotiation process to get the chapter adopted.

 

The meeting was extended 10 minutes with no objection.

 

ACTION TAKEN

Motioned by Burress, seconded by Ermeling to approve the Comprehensive Plan Amendment to HORIZON 2020 as presented and forward it to the City Commission and the Board of County Commissioners with a recommendation for approval.

 

          Motion carried unanimously, 7-0, with Student Commissioner Wright voting in favor.