Approved by Lawrence City Commission on December 19, 2006

Approved by the Board of Douglas County Commissioners on December 20, 2006

Article 8. Subdivision Design and Improvements

Contents of Article

20-801 General...................................................................................................... 4

(a) Purpose and Intent....................................................................................... 4

(b) Jurisdiction................................................................................................... 5

(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

(d) Application Processing Cycles......................................................................... 9

(e) Application Review and Recording fees........................................................... 9

(f) Application Completeness, Accuracy and Sufficiency......................................... 9

(g) Applications Containing Technical Deficiencies............................................... 10

(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 Cluster Developments in the Urban Growth Areas................................ 11

(a) Purpose..................................................................................................... 11

(b) Applicability................................................................................................ 11

(d) Notice to Nearby Property Owners................................................................ 14

(e) Cluster Developments – After Annexation...................................................... 14

(f) Application................................................................................................. 15

(g) Administrative Review................................................................................. 16

20-805 Large Parcel Property Divisions in Urban Growth Areas........................ 16

(a) Purpose..................................................................................................... 16

(b) Applicability................................................................................................ 16

(d) Restrictive Covenants.................................................................................. 19

(e) Notice to Nearby Property Owners................................................................ 20

(f) Application................................................................................................. 20

(g) Administrative Review and Consideration Procedures..................................... 21

(h) Developable Acreage and Development of Future Development Area................ 21

20-806 Property Divisions in the Rural Area (Outside the UGAs)...................... 22

(a) Purpose..................................................................................................... 22

(b) Definitions.................................................................................................. 22

(d) Parent Parcel Division.................................................................................. 23

20-807 Certificate of Survey, Administrative Review Procedures.................... 25

(a) Purpose..................................................................................................... 25

(b) Authority.................................................................................................... 25

(d) Application................................................................................................. 25

(e) Requirements and Material to be Included..................................................... 25

(f) Criteria for Review...................................................................................... 27

(g) Review and Action by the Planning Director................................................... 28

(h) Appeals Process for Sections 20-804, 20-805 and 20-806............................... 28

20-808 Minor Subdivisions.................................................................................. 29

(a) Purpose..................................................................................................... 29

(b) Authority.................................................................................................... 29

(d) Criteria for Review...................................................................................... 30

(e) Application................................................................................................. 31

(f) Review and Action by the Planning Director................................................... 32

20-809 Major Residential and Non-Residential Subdivisions.............................. 33

(a) Purpose..................................................................................................... 33

(b) Applicability................................................................................................ 33

(d) Criteria for Review...................................................................................... 33

(e) Preliminary Plat – Application....................................................................... 34

(f) Review and Action by the Planning Commission............................................. 34

(g) Phasing for Final Plats................................................................................. 35

(h) Effects of Approval by the Planning Commission............................................. 35

(i) Preliminary Plat – Review and Action by Governing Body................................. 36

(j) Preliminary Plat Expiration........................................................................... 36

(k) Final Plat – Application................................................................................ 37

(l) Final Plat – Review by Planning Director........................................................ 37

(m) Signatures on Final Plat............................................................................... 38

(n) Processing after Approval of Final Plat.......................................................... 39

20-810 Subdivision Design Standards................................................................. 39

(a) General...................................................................................................... 39

(b) Frontage and Access................................................................................... 40

(d) Streets...................................................................................................... 42

(e) Street Names and Lot and Block Numbering................................................... 47

(f) Easements................................................................................................. 48

(g) Parks, Open Space Schools and Other Public Facilities.................................... 49

(h) Land In Floodplain Overlay Districts............................................................... 50

(i) Resource Preservation – City of Lawrence..................................................... 50

(j) Resource Preservation – Unincorporated Area of the County........................... 50

(k) Soils and Soil Testing – City of Lawrence...................................................... 50

20-811 Public Improvements.............................................................................. 50

(a) Public Improvement (Construction) Standards................................................ 51

(b) Streets...................................................................................................... 51

(d) Wastewater Disposal Systems...................................................................... 53

(e) Water Supply............................................................................................. 54

(f) Telephone, Cable Television Electrical Lines.................................................. 55

(g) Street Trees............................................................................................... 55

(h) Completion of Public Improvements.............................................................. 61

(i) Escrow Deposit........................................................................................... 62

(j) Irrevocable Letter of Credit.......................................................................... 62

20-812 Contents of Plats.................................................................................... 62

(a) Preliminary Plat.......................................................................................... 62

(b) Final Plat.................................................................................................... 66

20-813 Administration and Enforcement............................................................ 68

(a) Planning Department Powers and Duties....................................................... 68

(b) Planning Commission Powers and Duties....................................................... 69

(d) Building Permits.......................................................................................... 69

(e) Appeals..................................................................................................... 70

(f) Variances................................................................................................... 71

(g) Design Variances for Planned Development................................................... 71

(h) Enforcement and Penalties........................................................................... 71

(i) Violations................................................................................................... 71

(j) Penalties; Remedies.................................................................................... 72

20-814 Building Setbacks, Enforcement, Exceptions.......................................... 73

(a) Building or Setback Lines On Major Streets or Highways................................. 73

(b) Exceptions.................................................................................................. 74

(d) Enforcement............................................................................................... 74

(e) Interpretation............................................................................................. 74

20-815 Interpretations, Rules of Construction and Definitions......................... 75

(a) Interpretation and Rules of Construction........................................................ 75

(b) Definitions.................................................................................................. 75

(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 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 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;

(xii) Provide for any other services, facilities and Improvements deemed necessary to serve land being developed; and

(xiii) Establish Building Envelope lines.

(b) Jurisdiction

(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.

(c) Applicability

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 limits of Lawrence, no building permit shall be issued unless the property is platted. If subdivision is required within the City of Lawrence, the Subdivider shall plat all of their contiguously owned lands that are not platted.

(d) Exemptions

(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:

(i) A division of a tract of land exclusively for Agricultural Purposes, when that division does not involve the creation of any new public Streets, public Roads, or public Easements;

(ii) A division occurring through the sale or transfer of any Lot that has been legally platted in accordance with Subdivision Regulations in effect at the time of the platting;

(iii) A division of any land used exclusively for Cemetery purposes and accessory uses associated therewith;

(iv) A division of land occurring through the transfer of land for use as a right-of-way for widening a road or railroad or as an Easement for drainage, utility purposes, when no new Street/Road or Easement of access is involved;

(v) A correction of a description in a prior conveyance provided that the correcting instrument contains a reference to the original instrument of conveyance by date, book and page and other description. Within a reasonable time after receiving a correction instrument, the Register of Deeds shall deliver a copy of the correction instrument to the Planning Department; or

(vi) Within the City of Lawrence, the division of land to allow for the sale of individual attached or detached residential dwellings; provided that, the following conditions are met:

a. The land has been developed with and is occupied by an attached or detached dwelling;

b. The land being divided or transferred under this exemption is covered by a recorded declaration of covenants subjecting the land and Improvements thereon to procedures and conditions regulating the manner in which Improvements may be expanded, reconstructed and maintained;

c. Prior to recording of the first division of land for a townhouse development, a development plan, or similar document, showing at a minimum; the entire townhouse development, a legal description of the boundaries of the entire development, any tracts of land for common ownership, maintenance or use, ponds or drainage areas, and the intended tracts, parcels or general building locations (along with building numbers or proposed addresses) for division into townhouse units, shall be filed at the Register of Deeds. If the declaration allows additional land to be submitted to the townhouse development, the location and description of the additional land shall also be shown.

(e) Vested Rights

(1) A division of land created in conformance with this Article, or created in conformance with the exemption section of the previously adopted Subdivision Regulations that were in effect prior to December 20, 2006, and said division was filed and recorded as a plat of survey, deed, or affidavit of equitable interest identifying the division as a separate tract of real estate at the Register of Deeds office (i) on or before June 1, 2005; or (ii) after June 1, 2005, and as of December 31, 2006, provided a division of land made after June 1, 2005, met the 10 acre requirement and other requirements for a residential building permit pursuant to Douglas County Resolution No 05-6-5 and resolutions extending such Resolution, shall remain lawfully existing, retaining established rights to the issuance of a building permit, subject to additional regulatory authority of the Governing Body. 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.

(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) District, A-1 (Suburban-Home Residential) District, or R-1 (Single-Family 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

(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).

20-802 General Review and Approval Procedures

(a) Authority to File Applications

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 Owners’ authorized Agent.

(b) Form of Application

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(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.

(c) Pre-application Meetings

(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.

(d) Application Processing Cycles

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.

(e) Application Review and Recording fees

Applications shall be accompanied by the review and recording fee amounts that have been established by the applicable Governing Body. Fees are not required with applications initiated by review or decision-making bodies. Application review fees are nonrefundable.

(f) Application Completeness, Accuracy and Sufficiency

(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 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 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.

(g) Applications Containing Technical Deficiencies

(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.

(h) Applicability

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.

20-803 Property Divisions in Service Area 1, Lawrence Urban Growth Area

(a) Prerequisite to Development

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.

(b) Procedure Required

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.

20-804 Cluster Developments in the Urban Growth Areas

(a) Purpose

The purpose of this Section is to allow for an alternative administrative approval procedure to Large Parcel Property Divisions in the Urban Growth Area for rural residential development. The clustering of development parcels within the Urban Growth Areas on parcels that are at least 20 Acres but less than 40 Acres is intended to mitigate strain on infrastructure and public services and to anticipate future development patterns for the remainder of the property after annexation.

(b) Applicability

(1) A division of a parcel of land that is less than 40 acres in area, but at least 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 Cluster Development provisions of this Section.

(i) For purposes of determining compliance with the 20 acre minimum parcel area, an entire half of a quarter-quarter section (e.g. West ½ of the Southeast ¼ of the Southeast ¼) shall be deemed to be a 20 acre parcel.

(ii) In calculating the size of a parcel, the parcel size shall be deemed to include ½ of the adjoining road right(s)-of-way if this inclusion is necessary for the parcel to conform to the applicable minimum parcel size.

(c) Immediate Development Acreage and Future Development Acreage

Lands divided pursuant to this Section shall be developed as a 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 Cluster Development shall not exceed 60% of the total acreage of the proposed development. Residential Development Parcels and 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 laid out 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 3 acres.

(ii) Location of Residential Development Parcels. Within the 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. The Cross Access Easements shall be written so that, upon annexation by a city, the cross access easement shall be deemed to be dedicated to the City as public road right(s)-of-way, to allow for construction of Street within the Cross Access Easements to meet the then current city Street standards.

b. Planned and laid out to allow for future subdivision of the Residential Development Parcels into platted lots at an urban density commensurate with the zoning and subdivision regulations of the annexing city.

(iii) Utility – Water. All Residential Development Parcels shall obtain water from a publicly treated water source.

(iv) Access to Future Development Area. All Residential Development Parcels shall have direct physical access to the Future Development Area, either by being contiguous thereto or by a dedicated pedestrian easement, as set forth in Section 20-810(f)(4).

(v) 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.

(vi) County Health Code Restriction in Floodplain. On-Site Sewage Management Systems shall be located outside the FEMA designated regulatory floodplain.

(vii) Building Envelopes. The Immediate Development Area shall not contain any lands identified as worthy for Resource Preservation in Section 20-810(j). The buildable area for each Residential Development Parcel within the Immediate Development Area shall be defined by Building Envelopes.

(viii) Access. The Cluster Development shall have direct access to a hard-surfaced road. One access shall be allowed for the entire development unless a separate access point is necessary to allow access to the Future Development Area to prevent intrusion or damage to the resources being conserved and protected.

(ix) Steep Slopes. The Building Envelopes of Residential Development Parcels shall not contain any slopes greater than 15%.

(x) Minimum Frontage and Entrance Spacing Requirements. The Cluster Development must meet the minimum frontage and entrance spacing requirements established in the County’s adopted “Access Management Standards”, in Article 5, Chapter IX of the Douglas County Code, as amended. The Frontage and Entrance Spacing Requirements are based on the classification of the road upon which the cross access easement is proposed to have access.

(xi) 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 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.

The Future Development Area shall meet the requirements set forth in this sub-section:

(i) Minimum Requirement. A minimum of 40% of the total Cluster Development shall be designated as Future Development Area.

(ii) Sensitive Lands Worthy of Resource Preservation. Lands that are or contains the resources identified in Section 20-810(j) shall be deemed to be worthy of Resource Preservation.

(iii) 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-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 conveyed to the City and County by separate legal instrument, satisfactory to the County Counselor and City Manager or other appropriate city official. The City will have regulatory authority over the Conservation Easement only after the property has been annexed into the City. Within 2 years of the date of annexation into the City the Conservation Easement will expire unless further action is taken by either the City or the property Owner.

(iv) Restriction on Subsequent Divisions. The Future Development Area shall be restricted from any further division for development purposes 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.

(d) Notice to Nearby Property Owners

(1) Written notice of the proposed division for rural residential purposes shall be mailed to the Owner of record of all property within ¼ 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 ¼ mile notification area shall be obtained from the Douglas County 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; ½ 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 ¼ mile of the boundaries of the property proposed for division for rural residential (Cluster) 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 ¼ mile mailing distance to receive the written notice will not affect the validity of the application for a Certificate of Survey

(e) Cluster Developments – After Annexation

(1) Land divided in accordance with this Section shall not be eligible for subsequent division until the land has been annexed by a city.

(2) Additional divisions or development of the Immediate Development Area shall be made in accordance with Section 20-810.

(3) 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.

(f) Application

Any person having legal or equitable interest in property that meets the criteria required by this Section 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;

(2) Proof of legal or equitable interest in the property;

(3) Proof that there are no unpaid taxes on the subject property in the form of a certificate that all taxes and special assessments due and payable have been paid;

(4) Certificate of mailing from the U.S. Post Office for letters mailed to property owners within ¼ mile of the property proposed for the Cluster division for rural residential development purposes;

(5) A Build Out Plan illustrating the following with respect to both the Immediate Development Area and Future Development Area:

(i) A realistic future urban lot and block layout designed consistent with the Comprehensive Land Use Plan of the applicable city and the Subdivision Design Standards set forth in Section 20-810 for the City of Lawrence or in the Subdivision Regulations set forth in the annexing city’s regulations;

(ii) The layout of future Streets/Roads; provided that, local Streets/Roads shall be planned to provide Street/Road connections to adjoining parcels, neighborhoods, or future development open spaces, at a spacing of 600’ to 800’ as a means of discouraging the reliance on County and State roads or highways for local trips;

(iii) Easement locations for utilities and stormwater drainage;

(iv) Locations of Building Envelopes for each Residential Development Parcel to accommodate future subdivision into urban density lots; and,

(v) Supplemental written information that demonstrates how public utilities may be extended to the subdivision to accommodate future urban density development.

(6) One original and 3 copies of a Certificate of Survey that complies with the requirements of Section 20-807, and,

(7) An executed annexation agreement allowing annexation by the city that’s Urban Growth Area the development is located within based on the adopted annexation policies of that city.

(g) Administrative Review

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.

20-805 Large Parcel Property Divisions in Urban Growth Areas

(a) Purpose

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 density residential development of the large land parcel prior to any division occurring, and that based on these considerations, 3 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 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 density development as subsequent circumstances dictate.

(b) Applicability

A division of a parcel of land, that is 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.

(1) For purposes of determining compliance with the 40 acre minimum parcel area, an entire quarter of a quarter section (e.g. Southeast ¼ of the Southeast ¼) shall be deemed to be a 40 acre parcel.

(2) In calculating the size of a parcel, the parcel size shall be deemed to include ½ of the adjoining road right(s)-of-way or easements if this inclusion is necessary for the parcel to conform to the applicable minimum parcel size.

(c) Immediate Development Area and Future Development Area

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.

(1) Immediate Development Area.

(i) Maximum Development Acreage. The Immediate Development Area shall not exceed 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 density that conforms to the development regulations of the city that’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, ½ 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.

(vi) 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 Standards”, in Article 5, Chapter IX of the Douglas County Code, as amended. The frontage and entrance spacing requirements are based on the classification of the road upon which the Residential Development Parcel is proposed to have access.

(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 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. 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) Sensitive Lands Worthy of Resource Preservation. Lands that are or contain the resources identified in Section 20-810(j) shall be deemed to be worthy of Resource Preservation.

(iii) Conservation Easements. 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 Historic 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 conveyed to the City and County by separate legal instrument, satisfactory to the County Counselor and the City Manager. The city will have regulatory authority over the Conservation Easement only after the property has been annexed into the City. Within 2 years of the date of annexation into the City the Conservation Easement will expire unless further action is taken by either the City or the property Owner.

(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.

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).

(d) Restrictive Covenants

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 Development is annexed by a City;

(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 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.

(e) Notice to Nearby Property Owners

(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; ½ 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 ¼ mile of the boundaries of the property proposed for division for rural residential (Large Parcel Property Division) 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 ¼ mile mailing distance to receive the written notice will not affect the validity of the application for a Certificate of Survey.

(f) Application

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: