Comparison of Proposed Chapter 13 and County-initiated Development Regulations
Chapter 13 Goals and Policies [summarized from draft document] |
County-initiated Rural Development Regulations |
Goal 1: The cost of community services [cocs] will be recovered from residential development in the unincorporated area. |
Goal 1: The cost of community services [cocs] will be recovered from residential development in the unincorporated area.
The Rural Development Regulations do not include a Cost of Community Services Study.
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Policies of Goal 1: · Commission a study to determine the fiscal impact of residential development in the unincorporated areas · Use study result to support a development fee for new residential subdivision development in the unincorporated areas. Action Needed: Authorize a Cost of Community Services [COCS] Study.
Adopt a development fee for rural residential subd. development in the unincorporated areas.
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Goal 2: Residential development in the unincorporated area will occur in a manner that ensures that improved properties will be assimilated easily and cost-effectively into urban centers upon annexation. Additionally, the transition from rural to urban density of annexed property will be: (1) preplanned; (2) well explained to current and future property owners; and (3) embedded in the public record. |
Goal 2: Residential development in the unincorporated area will occur in a manner that ensures that improved properties will be assimilated easily and cost-effectively into urban centers upon annexation. Additionally, the transition from rural to urban density of annexed property will be: (1) preplanned; (2) well explained to current and future property owners; and (3) embedded in the public record.
The Rural Development Regulations propose that development within Service Area 1, of the Lawrence UGA be required to seek annexation into the city so that it is develop under city rules and regulations, which is consistent with Horizon 2020.
Rural residential development in Service Areas 2, 3 & 4 would have two options: 1. The first option is a development procedure for Large Parcel, Build-through-Acreages where the minimum parcel size for development is 40 acres. Key components of option 1 are:
2. The second option in Service Areas 2-4 in the UGA is a procedure for smaller tracts of land that have between 20 and 39.99 acres. This option was created to address existing smaller land divisions within the UGA and also to address a need for the conservation and preservation of environmentally sensitive areas, geographically sensitive areas and historic features that exist in abundance in the UGA. Key components of option 2 are:
In addition to these two administrative procedures, a landowner within service areas 2 -4 may choose to plat his/her entire parcel for development if it is a minimum of 40 acres. Rezoning is not required for platting within the UGA.
Key Elements for Residential subdivision-types of Development that can occur within the UGA of Lawrence or Planning Area of the other cities in the County are: 1. Access to a rural water meter is a requirement. 2. Access to a hard-surfaced road is requirement. 3. Minimum acreages apply to different levels of development proposals. 4. Minimum frontage, entrance spacing and corner clearance requirements apply based on an adopted County Road Classification administrative policy. 5. Rezoning is not a requirement within the UGA or Planning Areas. 6. Existing parcels, recorded at the Register of Deeds office as of June 1, 2005, which were legally created through the exemption section and are less than 20 acres, may receive a building permit for a residential dwelling.
Residential development in the Rural Areas (outside the UGA and Planning Areas) is based on an Original Tract and a Parent Parcel being designated from this Original Tract.
The 20 acre requirement for creation of a Parent Parcel for residential purposes in the Rural Area (outside the UGA) is based on the need to design and plan development in the county and to minimize the current ad hoc divisions of land that affect the agricultural use of property. |
Policies of Goal 2: · Establish UGA around each city in Douglas County for anticipated annexation within next 25 years. Reestablish every 3 years. · Use scientific forecasting and modeling to develop UGA boundaries · Permit residential development in UGA by a concept known as “build through acreage”. · Authority for rezoning to BTA vests with County Commission · Rural Development Plan [a process within the BTA approach] is integral to the rezoning request · City which has the UGA will have authority to approve the BTA development based on their comprehensive plan and subd. regs. · Four areas of special consideration evaluated in any BTA application:
Action Needed: Adopt regulations with Build-through-Acreage regulations that includes the following: Build-through-Acreage (BTA) approach recommended -- key elements: 1. Minimum site requirement of 40 acres 2. two components of development: an immediate subdivision for development in unincorporated area portion for clustering of residential development and a residual portion where development is postponed until annexation of the subdivision 3. Immediate Subdivision component – a. platting required based on subd. regulations of the adjacent city b. Bonus 5% provisions for protection of sensitive areas incorporated into a subdivision’s design c. 55% of development parcel is permitted to be developed into 3 acres (or 1 acre) parcels prior to annexation into a city d. density calculations rounded down to nearest whole number e. all written document, plats and dedications shall be done at the beginning of the process f. agreements prohibiting protesting public improvements and benefit districts secured up front in the process 4. A two phased approach to development in addition to rezoning for rural residential subdivision: Transitional plat and Urban Framework Master Plan for ultimate build out |
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Goal 3: Traditional agriculture will remain substantially unregulated and isolated from the influences of urbanization in the county.
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Goal 3: Traditional agriculture will remain substantially unregulated and isolated from the influences of urbanization in the county.
The Rural Development Regulations do not address traditional agriculture or the pursuit of it.
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Policies of Goal 3: · avoid enactment of regulations that adversely affect normal farming & ranching operations · pass a resolution of strong support to embrace agricultural over other forms of land use as the land use of preference beyond the UGAs |
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Goal 4: The inventive process of transitioning to new forms of agriculture will be regarded as agri-entrepreneurialism and will be embraced and encouraged by development regulations. By reference, state and federal initiatives to encourage agricultural vitality are incorporated herein. |
Goal 4: The inventive process of transitioning to new forms of agriculture will be regarded as agri-entrepreneurialism and will be embraced and encouraged by development regulations. By reference, state and federal initiatives to encourage agricultural vitality are incorporated herein.
The Rural Development Regulations do not address other forms of agricultural use or agri-entrepreneurialism, however, the proposed rural development regulations are not intended to discourage or disrupt agricultural activity or agri-entrepreneurialism.
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Policies of Goal 4: · Create a use within Conditional Use Permits for a Planned Agricultural Districts or PADs – allow location any where in unincorporated portions of the county · Details of a PAD: 1. Use must be grounded in agriculture of a non-traditional type of agriculture (site plan required as part of this application) 2. Demonstration that there are adequate public services to the site (or that can be extended to the site) to meet the land use need 3. Construction subject to building codes and inspections; flexibility as to site plan and setback 4. May include a residence if a need for an on-site caretaker is established 5. A cost of community services and cost of infrastructure improvements is required as part of the CUP application for a PAD 6. Granting of a PAD, once approved, is perpetual and not subject to periodic reviews as are other CUPs Action Needed: Adopt regulations that created the PAD process; create criteria and procedures for review and approval |
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Goal 5: Preservation of prime farm ground will be encouraged.
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Goal 5: Preservation of prime farm ground will be encouraged.
The proposed regulations and policy changes do not address the identification of prime farm ground. Maps proposed for inclusion in Horizon 2020 identify areas where rural residential is suitable and encouraged, and areas with environmental or geographical features where rural residential development is not suitable and therefore discouraged. |
Policies of Goal 5: · Mapping of areas based on NRCS soils classification map · Information mapped made available to land owners and conservancy groups Action Needed: Mapping of NRCS soils and distribution of this information to land owners and conservancy groups |
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Goal 6: Preservation of environmentally sensitive, geographically sensitive, and historically significant areas will be encouraged.
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Goal 6: Preservation of environmentally sensitive, geographically sensitive, and historically significant areas will be encouraged.
This is not addressed at a county-wide level. Within the UGA of Lawrence and the Planning Areas of Baldwin City, Eudora and Lecompton, the option for a smaller residential development of 20-39 acres with a permanent open space identified and set aside from development potential addresses some of the preservation & conservation of environmentally & geographically sensitive areas and areas with historic features. |
Policies of Goal 6: · Mapping at a county-wide level to inventory the environmental, geographical and historic features. · Notification of sites identified in inventory and development of literature to assist landowners in placing conservation easements on such lands, if they so desire. · Adoption of a stream setback resolution to apply to ground developed to BTA standards. Action Needed: Mapping to create an inventory of sensitive, geographical, and historic features. Revisions to subdivision regulations to require a stream setback for all development as part of B-T-A standards. |
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Goal 7: Throughout the unincorporated area, major thoroughfares, both present and future, will be identified and made subject to appropriate access management restrictions.
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Goal 7: Throughout the unincorporated area, major thoroughfares, both present and future, will be identified and made subject to appropriate access management restrictions.
Identification and adoption of a county-wide road classification system with an associated table for minimum road frontages and corner clearances based on the individual road classification systems. These can be proposed as a modification to the Major Thoroughfares Map [MTM] in Horizon 2020 for Douglas County. |
Policies of Goal 7: · Update Major Thoroughfares Map (MTM) to integrate into it the transportation plans for surrounding counties. · Based on proposal by County Engineer, adopt road classification system and minimum frontage requirements for development in unincorporated areas of the County. Action Needed: Adoption of Road Classification System for entire network of county roads.
Amend Major Thoroughfares Map in Horizon 2020 to include major road connections from adjoining counties.
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Goal 8: Make provision for residential settlement in the unincorporated area with consideration given to quality of life.
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Goal 8: Make provision for residential settlement in the unincorporated area with consideration given to quality of life.
The proposed regulations for the Rural Areas of the County, outside the UGA, are for development from the date of the moratorium [June 1st] forward. The requirement to divide land for residential development purposes is based on identification of an Original Tract from which a Parent Parcel is created. The Parent Parcel must be at least 20 acres, have a boundary survey description and comply with the minimum frontage requirements in the “Douglas County Entrance and Intersection Spacing Standards”. A maximum of 2 divisions are permitted from the 20 acre Parent Parcel which would allow a maximum of two residential single-family dwellings. Residential Parcels are encouraged to have access to treated water and are encouraged to take access from a hard-surfaced road. Residential parcels are not permitted to be created where their only access would be from a minimum maintenance road. |
Policies of Goal 8: · Development density in unincorporated areas be adjusted to 1 dwelling unit per 20 acres · Retain eligibility for existing parcels (those tracts under common ownership or subdivision plats) to receive a building permit if they were so eligible prior to adoption of this chapter · Reexamination by the city of Lawrence of its water policy with RWDs to ensure adequate water resources are available. · For BTA proposals in UGAs, cooperation by the city and RWDs to optimize value and functionality of water infrastructure
Action Needed: Amend zoning and subdivision regulations to create rules that better protect the rural/agricultural uses in the county.
The city of Lawrence’s reexamination of its policy on water meters and treatment with RWDs to optimize value and functionality of water infrastructure. |
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Goal 9: Generally discourage commercial and industrial development within the unincorporated area (see Commercial and Industrial Chapters of the Comprehensive Plan for specific guidance).
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Goal 9: Generally discourage commercial and industrial development within the unincorporated area (see Commercial and Industrial Chapters of the Comprehensive Plan for specific guidance).
The proposed regulations address Rural Residential development. Non-residential types of land uses are not addressed in the draft regulations or policy revisions. |
Policies of Goal 9: based on Horizon 2020;
Action Needed: Amend Zoning Regulations to provide better enforcement tools for commercial and industrial development goals in Horizon 2020. |
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ARTICLE 28. Floodplain Management Regulations These regulations were recommended by the Planning Commission in 2004. The text amendments to the County Zoning Regulations are recommended to occur as a part of these rural residential development regulations. To provide for a higher level or coordination and smoother integration of development into the city after annexation, the county is recommending that 2’ of freeboard (as is required by the city’s floodplain regulations) be required for all residential development within the Urban Growth Area of Lawrence.
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