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League of Women Voters of
Kansas

League of Women Voters of
the United States

Web Site Administrator

Copyright © 2004 by The League of Women Voters of 
Lawrence - Douglas County, Kansas


 
STATEMENT OF POSITION ON 
LOCAL LAND USE
Approved 

Support for: 
(1) positions adopted regarding planning principles
and financing; 
(2) the controlled development of the Clinton Lake
area; 
(3) implementation of comprehensive planning
guides for Lawrence and Douglas County; and 
(4) recommendations for changes in the role of the
planning staff and planning commission. 
Historical Notes

Planning Principles—Consensus 

The League of Women Voters of Lawrence-Douglas
County believes that planning for the city and county
should preserve the social and physical environment by
the control of growth.  Growth should be controlled in a
manner to avoid the unplanned proliferation of residential
and other land uses, and also to avoid pollution of air,
water, and land. 

 Planning should recognize that all human activities are
interrelated. Agriculture, housing, employment, schools,
cultural and recreational activities, open space, circulation
and transportation must all be considered when
formulating both long- and short-range planning goals;
therefore, the planning process should be continuous,
flexible, and based on citizen support and action. 

We believe that planning for Douglas County should
emphasize (1) the conservation of agricultural land and
open space at the county level and (2) neighborhood unit
planning at the city and town level.  These goals are
applicable to existing areas as well as to the design of new
settlements.  An open space system should provide both
a barrier to uncontrolled growth in unincorporated areas
and continuity of open space in between built up areas
within the city and towns.  The comprehensive plan
should promote the conservation of agricultural land and
natural areas as part of the open space system as well as
historic and scenic sites.  Objectives of the
comprehensive plan should be to protect and promote
community cohesiveness throughout the county by
preserving the agricultural base of the county and, within
the city and towns, by strengthening existing
neighborhoods and the city and town cores and
accommodating growth through in-fill development and
new compact neighborhood units. 

Design and control of growth should be based on an
overall comprehensive plan containing the following
elements: 

1.  Conservation of Agricultural Land and Open Space 

New non-farm development in the unincorporated areas
of the county should be limited to the urban growth areas
of towns and cities in anticipation of annexation. 

2.  Neighborhood Planning 

The primary urban planning unit should be the
neighborhood, large enough to support the location of a
nursery-elementary school park (also serving as a
community center), daily shopping and recreational
spaces within walking distance for all residents of the
neighborhood protected from through traffic and including
bike paths and pedestrian walkways.  Housing of various
types for people of different ages and income should be
available. 

3.  Environmental Preservation 

This means adapting development to the capabilities of
the land rather than adapting the land to the requirements
of the development.  Some examples: 

a.  Design should take into consideration drainage, soil
characteristics, substrata, and vegetation. 
b.  Development should avoid hazardous building sites
such as unstable slopes, uncompacted or undesignated fill,
or areas subject to flooding. 
c. Development should avoid such alteration of land as to
produce hazard, nuisance, deterioration or major
changes. 
d.  Design should consider the aesthetic quality of the
area. 
e.  Design should protect those areas that are intrinsically
valuable as natural preserves. 

Long-range economy, convenience, conservation, and
respect for ecological necessity of land can be realized by
locating and designing communities around drainage basin
planning, encompassing flood plain zoning at the 100-year
flood level. 

4.  Transportation 

A well designed neighborhood unit plan should reduce to
a minimum the use of the private car within each
neighborhood.  At the same time, an efficient distribution
of the different activities within the whole urban and rural
areas should also minimize the use of automobiles and
allow an economical public transportation system to
result. 

5.  Economic Considerations 

Planning for development should take into consideration
the tax burden of the public at large and therefore avoid
undue public subsidization of expansion by keeping public
improvements within the pace of population growth and
tax valuation.  As much as possible, the expense of
development improvements should be borne by the
developers or residents benefiting by such improvements
at the time the land is subdivided, but without undue
assessment to valuable agricultural land. Development
standards should be designed to provide minimum
maintenance costs for city and county. 

There is need for new and revised ordinances and
regulations for city and county to insure effective planning
that would be evaluated on the basis of the above adopted planning principles. 

There needs to be an increased emphasis in the city on
planning with formal coordination of planning functions of
various city departments, the schools, and Kansas
University.  We would encourage better communication
between planning staff, commissions, and citizens at
large.  We would also encourage a program of education
aimed at further increasing the awareness of the citizens of
the importance of good planning and their participation in
the planning process. 

The comprehensive plan should be undated to improve
and also encompass the whole county.   Elements of the
plan which need particular attention include: 

a.  Storm Drainage.—Incorporate major streams of city
and county in our park program as open space and
coordinate with a storm drainage program at the
100-year flood level. 
b.  Major Thoroughfare Plan.—The streets shall be
designed according to function, and the function for which
they are designed shall be preserved. 
c. Central Area of the City.—Keep it strong, active, and
diverse. 
d.  Parks.—More small parks accessible to
neighborhoods considering all ages of people.  The
League believes there should be equality of equipment
and maintenance in all parks. 
e.  Strip Commercial.—We would discourage the
development of strip commercial, preserve the function of
the highway and avoid aesthetic blight, and encourage a
program to remedy the existing problems. 

Financing—Consensus 

The League supports the position that for both financial
and design reasons the city should discontinue its present
policy of using benefit district financing for new
development. 

In combination with changing city policy on financing
internal improvements, the League believes that there
must be adequate, legally enforceable safeguards to
protect the public from substandard development.  The
safeguards must include: 

1.  Updated comprehensive plans for the city and county
including all the necessary elements but based primarily on
an accurate storm drainage plan using the standards of the
100-year flood as well as other necessary infrastructure
design. 
2.  100-year flood plain zoning delineated for the city and
county. 
3.  Published engineering standards for the city. 
4.  A program for careful inspection and enforcement. 
5. Revised subdivision regulations, or a city ordinance to
that effect, requiring the infrastructure (roads, storm and
sanitary sewers, utilities, etc.) of a plan to be approved, 
and arrangements for financing construction of internal 
improvements guaranteed, before a plat is filed. 

In the event that the city does not immediately discontinue
benefit district financing of internal improvements in new
developments, the League takes the position that the
safeguards listed above to protect the public from
substandard development must still be adopted and some
means to reduce public risk must be employed. 

Because or the current surplus of lots, it was felt that the
city could discontinue financing for local streets and storm
sewers in planned (but undeveloped) areas until it can
adopt the needed standards, comprehensive planning
(including infrastructure planning) and appropriate
ordinances and regulations. 

Lawrence needs to establish priorities and goals.  League
supports a Capital Improvement Master Plan to help
establish these and indicate where money should be spent
and the timing of such expenditures. 

Future public money which would normally be spent on
subsidies and on delinquent assessments under present
city policy should be used instead to pay for present day
maintenance, services, and planning.  Subsidies on local
streets and storm sewers unless incorporated into local
streets should be discontinued. 
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Clinton Reservoir—Consensus 

The League supports controlled development of Clinton
Reservoir and the surrounding area, with joint city-county
government control. 
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Implementation of Planning—Consensus
(Approved 1984) 

Role of the Planning Staff.--A professional planning staff
is the key element in the proper implementation of the
comprehensive plan.  The planning staff should make
unbiased, nonpolitical and professionally based
recommendations to both governing bodies and their
appointed commissions.  Although political considerations
are unavoidable in the decision making process,
alternative recommendations and advice that embody
political considerations should be identified as such. 

Role of the Planning Commission.--Training should be
offered to new, incoming planning commissioners. 
Suggestions for orientation include: (1) the appointment of
new commissioners several months prior to the beginning
of their terms so they could observe planning commission
meetings, (2) a continuing commissioner could be
assigned to each new member for orientation, and (3) a
structured orientation program involving visual aids, tape
cassettes and discussions with staff, developed by the
planning staff or an outside source. 

Ongoing education of planning commissioners should
include the possibility of attending educational
workshops.  Planning staff should include the principles of
good urban planning and land use management in their
recommendations and should explain and stress them in
study sessions. 

A continuing problem exists because the city commission
receives planning commission minutes before they are
approved.  To promote better communication between
the planning commission and the city commission, a 
representative of the planning commission should attend
city commission meetings: (1) to present the planning
commission recommendations, (2) to explain the
commission's position, and (3) to provide a different
perspective on the issues from that of the planning staff. 

Implementation of Policies and Objectives of Plan
'95.--A review of the consensus regarding those areas of
Plan '95 Policies and Objectives that merit special
emphasis in implementation is detailed in the
Supplementary Statement. 
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Supplementary Statement, Implementation of Policies and Objectives of Plan '95 
(April 1984, Revised 2004) 

The following consensus identifies those items meriting special emphasis in a review of the objectives and policies of Plan '95. These policies and objectives continue to have League support beyond the time frame of that specific comprehensive plan.

The "living," continuing planning process, including annual review, and the continuing need for acquainting new commissioners, especially city commissioners, with the Plan and its planning process through such methods as study sessions on the Plan. 

Continuing review of supporting codes and ordinances, and specifically, for adoption of those ordinances needed to implement the planning process outlined in the Plan. 

Neighborhood plans developed for the entire city. Neighborhood Plans should be used in conjunction with the comprehensive plan in making planning decisions, including the location of commercial and industrial uses. The boundaries should be designed to protect the neighborhoods from intrusion and negative impacts by arterial and highway alignments,and no major streets or arterials should be improved within the limits of neighborhoods until alternatives have been thoroughly evaluated.

Data bases should be developed for commercial uses, industrial uses, transportation modes, storm drainage (i.e., storm drainage plans), and a land use map which is kept current because information is a prerequisite of good planning.

City policy should require areas subject to flooding or in a drainage course to be used for agriculture, open space, recreation, or similar uses. Storm drainage plans for all the drainage basins in Lawrence should be developed and considered in all planning, platting, and zoning requests. Decisions regarding street improvements should consider protection of the environment and especially of drainage courses. A trail network should be developed utilizing the natural watercourse system.

Parks should be provided in accessible locations that protect the natural environment, and cooperation between the city and county in providing parks, recreation, and open space acquisitions.

Site plan provisions should protect adjacent areas from commercial and industrial uses. Methods to discourage development of steep slopes unless strict conditions are met should be adopted. Development proposals should be reviewed for their impact on housing resources, and if the impact is found to be negative, proponents should find acceptable alternatives.

There is support for capital improvement planning, for rehabilitation programs, and for historic preservation efforts and encouragement of the private sector's participation, where appropriate. 

Proponents of development outside the city limits should provide documentation showing that similar competitive sites are not available inside the city limits.

The city should implement the approved pattern of distribution of commercial and industrial development regarding both amount of land area and type of use. Proponents of commercial development within the city limits should provide documentation to show need for their zoning request; however, members do support the availability of competitive site choices for commercial and industrial uses where appropriate need is demonstrated.

Land zoned for commercial, service, or office use, should revert to its original zoning if not utilized within a certain period of time. Strip zoning should be avoided; spot zoning should be used only to provide a needed service not already available within a neighborhood.

The Central Business District should be Lawrence's primary regional commercial center, and proposals for extension of regional, community, strip or spot commercial developments should be analyzed in light of potential negative impact on the CBD.

Traffic access and circulation, both pedestrian and vehicular (including bicycles) should be addressed before approving zoning requests, and considered in platting and site planning. Curb cuts should not be approved where they create congestion or traffic counts in excess of street capacity.

There is a wide difference of opinion concerning buildings in a planned commercial center being an architecturally compatible grouping. Members do, however, support urban development that is guided to promote "environmental, identity, or aesthetic" qualities and sign policies consistent with good urban design standards as well as strict enforcement of those policies. Shopping centers should be on primary or secondary arterials sited to serve two or more adjoining residential areas, and should have ample on site parking.

Elementary school service areas should be matched with neighborhood boundaries.
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Historical Notes 

The League study of development of the Clinton Lake area evolved from the Clinton Reservoir Water Conference held in Lawrence in November, 1968, which was a cooperative effort of several local agencies and groups including the League. "A Study of County-wide Planning and Zoning Including a Reconsideration of the Planning Principles Adopted in the Clinton Reservoir Study" was the League's 1971-72 local study item. In 1972-73 the Planning and Zoning Committee continued the study, focusing on financing.

During the 1970s the League was busy taking action under the planning principles consensus. It saw the Subdivision Regulations through to adoption with many suggestions, supported the annexation of the Riverside area, supported the downtown improvement through NDP funding, opposed the commercial zoning at 31st and Highway 59 without consideration for traffic and updating of the Comprehensive Plan, supported the city discontinuing financing of public improvements, and continually supported following and updating the Comprehensive Plan.

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