|
PLANNING & BUILDING DEPARTMENT |
DRAFT RURAL HOUSING POLICY |
|
Home 2002 Zoning Regulations Lot Split/Boundary Line Adjustment Rezoning
|
AGRICULTURE AND RURAL PRESERVATION | RURAL- URBAN FIRE MANAGEMENT |
|
Introduction | Fringe Growth Issues Policy 1 | Policy 2 | Policy 3 | Policy 4 | Policy 5 | Policy 6 |
|
|
RURAL-URBAN FRINGE MANAGEMENT
Rural, unincorporated areas located outside a municipal boundary have a long tradition of attracting people seeking a rural lifestyle. Numerous factors act as driving forces behind rural-urban fringe development. People seek a lifestyle that offers the best of county and urban living. There is a desire to live in a peaceful, quite, rural setting with plenty of open space. People also seek a convenient commute to work and shopping. For rural-urban fringe residents in Franklin County, this includes traveling tot he City of Ottawa, but also commuting to employment in the City of Lawrence and the fast growing suburban economies of Johnson and Miami Counties. There are indications that a small segment of rural-urban fringe households is comprised of early-retirees returning "home." In addition, the census data strongly suggests that the 1990s were witness to a growing number of retiring early "baby boomers" seeking rural/urban fringe location 30 miles from Lawrence, Olathe, the Kansas City Airport, and the Kansas City metropolitan center. One other factor driving rural-urban fringe housing are people seeking lower taxes and less government rules and regulations. Demand for rural-urban fringe housing is influenced by a number of social and economic forces, but there are three primary factors in Franklin County. The first is a convenient 20 minute highway commute to the City of Lawrence via US Highway 59 and a 30 minute commute to southern Johnson County on I-35. These highways open the rural-urban housing market in Franklin County to a wide-range potential homebuyers seeking a rural lifestyle. The second factor is the price of land and residences in Franklin County compared to prices in Douglas or Johnson County. The third factor is the City of Ottawa. This is a full service municipality that can provide for the everyday needs (except for critical services and major goods) of Franklin County's residents without recourse to larger cities. Other important factors affecting the rural-urban fringe housing market include quality and/or size of school districts, aesthetic quality of the landscape in Franklin County, availability of water, and access to paved roads. RURAL-URBAN FRINGE GROWTH MANAGEMENT ISSUES: The concept of an "Urban Growth Boundary" around the incorporated cities of Franklin County had initial support with the Planning Commission at their June 23, 2005 workshop. The idea behind an urban growth boundary is to delineate the adjacent area where a municipality anticipates extending municipal water and sanitary sewer service, as well as eventual annexation into the city. The location of an urban boundary line should be based on a cities projected population growth and capability to extend urban infrastructure. The major benefit of an urban growth boundary is that planners and decision makers can prepare a defined area for eventual urbanization before the municipality actually extends infrastructure and commences annexation. The urban growth boundary area should be designed to accommodate anticipated growth for at least 25 years since large scale infrastructure planning and implementation requires five to six year periods. A growth boundary implies that the Planning Commission and County Commissioners are responsible for making land use decisions in the "Urban Growth Boundary," unless the County Commission grants extra-territorial land use authority. The major challenge is how the county resolves development pressure for rural housing until a city annexes or extends their municipal water and sewer services. From a city's viewpoint, they mot likely would not like to see rural subdivisions locate within what they view as their logical urban growth area. The reasons include potential conflicts in land use, as well difficulties in creating a benefit district to pay for extension of infrastructure. Clearly, county officials have other interests to balance when addressing land development in the rural-urban fringe, such as private property rights to sell for development purposes, marketplace pressure for rural housing (which builders, realtors, and subdividers respond to), environmental concerns, as well as desire for some landowners wanting to protect their quality of life by preventing others from moving into the neighborhood. The following policies are presented to define the discussion about rural-urban fringe development and land use management...
Recognize the adopted "Urban Growth Boundary" defined in the 2005 Franklin County Comprehensive Plan Addendum as an area where new urban development should take place with public water and sewer services. Guide and coordinate a discussion with the cities to study the logical expansions of the "Urban Growth Boundary" based on community growth trends. Limit suburban residential acreage and rural home sites in an urban growth area to one non-farm dwelling unit per 40 acres as set forth in the A-1, Agricultural District. An exception will be allowed for legal lots of record created before the adoption of this comprehensive plan addendum. Commentary: The intent of this policy is to express the desire of the County to not create opportunities for rural housing within the urban growth area. Or, alternatively to permit rural housing developments that can be serviced with urban level infrastructure in the future. For instance, rear yard, underground utilities service, building envelopes placed so that lots can be reduced in size, and central wastewater lagoons, rather than individual lateral fields, designed to be disconnected when municipal sewers are provided. Any existing residence built before the adoption of this addendum would not count against this density policy. A replacement to an existing residence would not count against this policy, provided the pre-existing residence is demolished before or upon completion of the replacement residence. Policy Outcome: An urban growth areas will be zoned A-1, Agricultural District, and the County Planning Commission and Board of County Commissioners will not look favorably on requests to rezone tracts to A-2, Transitional Agricultural Districts or R-E, Residential Estate Districts. Large-lot suburban/rural subdivisions seeking approval in an urban growth boundary shall connect to municipal water and sewer service, be annexed, and be required to meet the subdivision regulations of the bordering city. Commentary: The intent of this policy is to allow development to occur if the landowner/developer extends municipal water and sewers to the proposed development and consents to unilateral annexation. This policy does not necessarily stop large-lot subdivisions, but dramatically alters the development price because of the cost of city water and sewers. The net effect would probably stop large-lot suburban or rural subdivisions because of the increased lot prices or special assessments. In effect, this policy indicates County officials will not look favorably on requests to rezone property to R-3A, Single Family Residential Three-Acre District. Policy Outcome: The effect for the County Planning Commission and Board of County Commissioners is that this policy stops county approved rural subdivision from being platted in an urban growth area. Encourage the County Commission to explore and consider the adoption of an Interlocal Agreement with incorporated cities granting them extra territorial zoning and subdivision authority for unincorporated areas defined as an urban growth area. Commentary: The intent of this policy is to indicate the county is receptive to a discussion that might eventually allow some or all incorporated cities the opportunity to exercise extra-territorial zoning and subdivision authority for land located within the urban growth boundary. Policy Outcome: Franklin County Planning Commission encourages the Board of County Commissioners to consider entering into an Interlocal Agreement with municipal governments to exercise extra-territorial authority within the urban growth boundary. When a municipal Governing Body determines that municipal water and sewer service cannot be extended in a timely fashion, large-lot suburban/rural subdivisions may seek approval in an urban growth boundary, subject to the following criteria: Policy 6a: Road providing access to the site are hard-surfaced and capable of handling the additional traffic without causing congestion or undue deterioration. The county planning staff shall coordinate development review in the urban fringe with the bordering city to evaluate local plans for future road improvements. The subdivider or landowner may be required to provide adequate public right-of-way for future municipal streets. Policy 6b: The preliminary plat shall be designed to show vehicular and pedestrian connections to bordering tracts or parcels. If requested, the developer must design the subdivision with two means of ingress/egress. The preliminary plat must be designed to accommodate future urban infrastructure and services. Policy 6c: Vehicular turning movements onto the site will not cause a significant reduction in road capacity or represent a traffic safety hazard. The subdivider or landowner may be required to provide adequate turning lanes into their subdivision. Policy 6d: A source of potable water is available in sufficient quantity and quality to meet usage requirements. The county planning staff shall coordinate development review and approval with the affected rural water district and/or bordering city. The plat shall be required to show utility easements for the construction and installation of municipal water service lines to each lot tract. The recorded final plat may stipulate that the owner of each lot or tract will not oppose the creation of a benefit district to extend municipal water service to the subdivision. Policy 6e: A sewage disposal system is available that can safely treat the anticipated quantity and type of wastewater without causing groundwater or surface water pollution. The county planning staff shall coordinate development review in the urban fringe with the bordering city to evaluate local plans for extension of sewer systems. The plat may be required to show utility easements for the construction and installation of municipal sanitary sewers on each lot or tract. The recorded final plat may stipulate that the owner of each lot or tract will not oppose the creation of a benefit district to extend municipal sewer service to the subdivision. Policy 6f: Storm water runoff does not increase flooding hazards to human life or property. The county shall coordinate development review in the urban fringe with the bordering city and the city engineer to determine if anticipated changes in runoff justify a drainage study to manage storm water runoff. All subdivisions must be designed with sufficient water gardens, storm detention, or retention systems to detain/retain 100% of the new increment of storm water discharge attributable to new development. Policy 6g: The proposed use is compatible with adjacent uses and the city's comprehensive plan. Policy 6h: Encourage creative subdivision layout and design by promoting the following design process: Step 1. Identify and show on a conceptual plan open space worthy of preservation. This includes mapping of "prime soils" or "farmland of statewide importance," heavily wooded areas, wetlands, floodplains, slopes greater than 15 percent. Step 2. Layout individual homes in desirable locations, based on topography, wastewater absorption fields, privacy, impact on adjoining properties, and public and private access to open space. Step 3. Design interior streets and access to county roads. The purpose of interior streets is to connect homes to each other, connect streets to county roads, and connect the development to its surroundings. Step 4. Layout of lot lines. The final stop is to set lot lines, based on how a home relates to the open space, to each other, and to the street. Note: The above process is based on the work of Randall Arendt, author of Growing Greener: Putting Conservation into Local Plans and Ordinance. |