CITY OF EL DORADO, KANSAS COMPREHENSIVE PLAN

CHAPTER FIVE - LAND USE

 

Land Planning Principles

Land Use Externalities

Transportation Access

Distribution of Public Services

Neighborhood Design

Future Land Use

Correlation between the Future Land Use Map

Development Projections

Real Estate Trends

Residential Growth

Probable Residential Development Pattern

Extraterritorial Land Use Issues

 

LAND PLANNING PRINCIPLES

Comprehensive planning is a process by which the city can influence change, in the public interest, as it responds to development proposals. In order for a community to attain the goals that it has set for its physical form and future growth, it is helpful to understand the dynamics of urban development. Without such an understanding, local efforts cannot promote community goals as effectively. The City of El Dorado plan has been developed with the land planning principles presented in this section guided by the goals and objectives formulated through extensive public discussion and staff review.

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Land Use Externalities

As El Dorado plans for meeting the needs of new urban development pressures, several planning issues become relevant. One of the most basic factors affecting the use of a given parcel of land is the land use impact from adjoining parcels. Economists refer to this impact as a "land use externality" because it is generally not included in the property owner's decision-making process. As an example of land use externalities, a residential district which fronts an arterial street, and faces a commercial strip, has less value than a similar district integrated within a residential neighborhood. In effect, the land use incompatibility creates a cost imposed by the commercial owners on the residential owners. The best way to minimize these external costs is to a) inter-relate the multiple land uses in a planned mixed-use development, or b) separate incompatible land uses with effective urban design and buffers. These planning principles help create effective transitions between residential and commercial areas.

Existing land uses at the edge of the major arterials, such as the Central Avenue, 6th Avenue, and Main Street corridors, are sensitive to these externalities. Long-standing residential uses are affected by land use conversion of office and retail uses. The city regulations utilize site plan review and special use permit procedures to address this issue, as well as identifying uses permitted in each defined zoning district to further ensure compatibility.

As urban growth occurs in areas such as to the north near the high school and east of the Walnut River, urban patterns can be carefully planned to allow the major thoroughfare roads to continue carrying traffic; while at the same time, residential areas can develop in an attractive manner. Subdivisions along the arterial roads, such as Country Club Road and along U.S. 77 and 54 Highways, must be designed to minimize conflicts. Implementing the recommendations of the comprehensive plan can protect characteristics that most people seek in a residential area--quiet, serenity, and stability.

Non-residential uses which are not designed as part of a mixed-use development can be made compatible with sensitive screening and other mitigating design features. The comprehensive plan presents recommendations for achieving this objective in the "Critical Land Use Development Issues" section. Positive externalities can develop, as well. A concentrated shopping district will attract customers from a wider market area than will commercial uses scattered throughout an area. Clustering retail and commercial uses where arterial roads intersect, for example, benefits the commercial use, while protecting residential districts from disjointed/incompatible commercial strips.

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Transportation Access

A second factor which influences the planning of future urban land uses is the location of major transportation corridors. The greater the transportation need of a particular use, the greater its preference for a site near major transportation facilities. Retail and office activities are most sensitive to accessibility since their survival depends upon customers and employees travelling to their location often during peak hours.

Access east and west is primarily relegated to Central Avenue and 6th Avenue. Similarly, access north and south is primarily relegated to Main Street, U.S. 54 and U.S. 77 Highways. The viability of these arterial streets to carry future traffic is critical. Redevelopment of the corridors must be done in a planned way. In addition, alternative thoroughfare connection development such as the Northwest Trafficway would relieve pressure from existing arterial streets and completes the city thoroughfare network.

The Future Land Use Map indicates land uses in the planning area. Higher traffic generators such as retail and office uses are located along the arterial roads where existing business districts exist, and at intersections of arterial streets. The clustering of these uses helps channel traffic efficiently onto arterial streets and create discrete retail districts where facilities such as parking can be used jointly. Likewise, restricting direct access of residential uses to arterial and collector streets minimizes curb cuts, reduces traffic conflicts and helps ensure that the city thoroughfare plan functions correctly.

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Distribution of Public Services

Certain urban patterns are more efficient and therefore less costly to serve than others. This issue has increasing relevance as the city plans for expansion of residential uses to the east and northeast. Compact growth in the planning area can be achieved by encouraging development adjacent to the existing built-up areas, in-fill development and redevelopment, rather than allowing "leap-frog" development over large tracts of undeveloped land. The city’s policy of requiring developer payment for utility main extensions and requirements for adequate public improvements compact growth and limits premature development.

A second means of increasing service delivery efficiency is to cluster those land uses that have the greatest need for fire and police protection, such as institutional, retail and office uses. This clustering will allow the concentration of protection efforts where they are most immediate. The City of El Dorado Plan anticipates the retail and office commercial uses to cluster by market demand in discrete nodes on the transportation corridors. The challenge for the city will be to anticipate the non-residential growth as it follows the emerging residential growth; then extend utilities east into the Walnut River basin at a time which most cost-effectively serves that growth.

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Neighborhood Design

The concern about urban design can be summarized by focusing on neighborhood design. Good urban design can help new developments relate to adjacent developments to form strong neighborhoods. The land use pattern of a neighborhood plays a major role in determining its strengths and weaknesses.

Ideally, neighborhoods should be centered around schools and parks which serve as the recreational and cultural, as well as educational hubs of the district. Efficient and safe corridors to the school should be created for vehicular, bicycle and pedestrian traffic by implementing the plan for a linear park along the Walnut River. The Future Land Use Map indicates linear park/bicycle paths: the new trail that loads from El Dorado Lake and links East Park to North Main Park and Forest Park.

From 2,500 to 5,000 people are necessary to have sufficient population to warrant provision of public services such as schools and parks, and to support convenience shopping. As the residential growth extends north and east, the importance of the planning process becomes clear. The Thoroughfare Plan should be followed to create efficient access to residential areas that will be bordered by U.S. 77 Highway and U.S. 54 Highway. The highways and the Walnut River split the east "Urban Service" Area, creating future multiple neighborhoods. The highways dictate neighborhood form and connectivity in the future. Utilities Plans for Capital Improvements should be followed in extending main trunk lines for water and sewer service into the Walnut River basin from where the sanitary sewer trunk main was extended for the state prison. When to upgrade or add pump stations to accommodate new demand and when to loop water mains -- these critical issues as identified in Chapter Three are important for the city to study and consider.

There are pressures in the planning area for development outside of areas where public improvements such as sewers already serve growth. Extending utilities must be done carefully to avoid a dispersed urban growth pattern in the eastern portion of the study area. For example, sewer interceptors and force mains from the west should be extended only when they become cost effective to serve growth.

Compact, interconnected growth will allow the city to continue basing emergency services from the existing Police and Fire Station in east-central El Dorado. Scattered growth would place pressures on expanding public safety sites to farther regions to serve local growth, while poorly connected development inhibits the ability to serve growth efficiently.

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FUTURE LAND USE

The "Future Land Use" Map shows development patterns for the City of El Dorado. These projections are based upon the population projections, land use planning principles and development patterns identified in the study.

The "Land Use Categories" of the map legend correspond generally to zoning district classifications of the City of El Dorado zoning regulations. There are four categories, however, that relate to development patterns more than land usage:

Mixed Use Development. The City of El Dorado permits limited types of retail- and office-commercial land uses in the Light Industrial Zoning District classification. In addition, residential and less intensive office and institutional uses can exist in harmony as part of a Planned Development. The "mixed use" category is intended to indicate that the private sector should be allowed maximum discretion when seeking a high intensity zoning district classification.

Phased Development. Due to topographic and locational constraints development in certain areas of El Dorado becomes inefficient in the short-term due to the difficulty of potential site clean-up and providing municipal services, especially sanitary sewers. In order to provide municipal services in an efficient manner the City has established that areas designated as "Phased Development" should be delayed until other areas of El Dorado have been fully developed. Areas designated as "Phased Development" are second priority when considering extending municipal services. This policy will allow the City of El Dorado to target capital improvements in a more concentrated area.

Long-Term Development. The city has the capacity to serve future development that should occur beyond the 15-20 year time frame of the comprehensive plan. In these cases, the "long-term" designation indicates where land should be planned for coordinated growth under the influence of the City of El Dorado in order to maximize local municipal coordination of services. The long-term designation indicates where land should be allowed to develop in the near-term at low densities. These are lands on the outer fringe of the immediate near-term development areas on the Future Land Use Plan map. Two development patterns should be allowed:

City of El Dorado Future Land Use Map Legend -- Explanation

The "Future Land Use" map is developed based on the following legend:

Low- to Moderate-Density Residential Development at densities of 1.0 to 4.0 units per acre; served by municipal services as extensions of the Urban Service Areas.

Moderate- to High-Density Residential More than 4.0 units and up to 10.0 units per acre.

Office and Institutional Office-commercial, institutional uses for government, educational purposes and semi-public institutional uses, such as medical office complex, and moderate-density townhouses and condominiums.

Retail-Commercial Retail business uses, including shopping centers and isolated retail establishments.

Downtown District A range of retail shopping, and office uses that are normally found in a central business district.

Light Industrial Industrial assembly and warehousing, with limited manufacturing uses as defined in the zoning regulations based on SIC codes.

Heavy Industrial Intensive land uses for manufacture and assembly of goods associated with industrial activity, as defined in the zoning regulations based on SIC codes.

Parks and Recreation Park land and recreational improvements.

Mixed-use Development Retail-commercial, office-commercial, light industrial and limited residential uses mixed within a unified district with design standards to assure compatibility among the high intensity uses.

Phased Development Development of land uses to occur within the time frame of the Comprehensive Plan subject to the availability of city services. Priority will be given to development in other areas of the community in order to maximize the efficient use of city resources.

CITY OF EL DORADO

FUTURE LAND USE MAP

 

Long-Term Development Development of land uses beyond the time frame of the Comprehensive Plan, subject to annexation and availability of services. Large-lot residential development at rural densities of 5-to-10 acres per unit.

Overlay Districts Designated areas where special or additional development considerations must be made. These districts include the "Re-development Overlay District" and the "Downtown Development District."

Historic Preservation Compatibility Zone Development with in 500’ of a national or state historical site must be reviewed by the Historical Preservation Office before a building permit can be issued.

Airport Land Use Compatibility Zone Development within the airport’s runway protection zones requires special consideration such as height, safety and compatibility.

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Correlation between the Future Land Use Plan Map

Future Land Use Plan Zoning Districts

Low-to Moderate-Density Residential R-S, R-1, R-2

Moderate- to High-Density Residential R-2, R-3, M-P, T-H

Office and Institutional O-I

Retail-Commercial C-1

Downtown District C-2

Light Industrial I-1

Heavy Industrial I-2

Parks and Recreation R-1, R-2, R-3, M-P, O-I, P-D, T-H

Mixed-Use Development Any zoning district permitting retail-commercial, office-institutional and light industrial uses developed as a Planned Development; "P-D" district.

Phased Development Development in all districts upon availability of city services.

Long-Term Development R-S development with an ability to be redeveloped at lower densities as urban improvements and utilities become available.

Overlay District N/A

Historic Preservation Compatibility Zone N/A

Airport Land Use Compatibility Zone O-I, I-1

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DEVELOPMENT PROJECTIONS

Residential and non-residential development projections are made based upon analysis of a variety of factors including, but not limited to existing and projected population projections, real estate trends, existing development patterns, availability of land, utilities, infrastructure, housing and local workforce, local market, location, geography, history, and local preference. Analysis of these factors allows development projections, preferred land use alternatives, policy and regulation development to guide future growth in the City of El Dorado. Because of the ever-changing nature of these factors the Comprehensive Plan and the projections herein should be re-evaluated on a regular basis. Kansas State Statutes require an annual review of the plan to determine needed revisions and amendments of projections based upon these changes.

Following is a case study to illustrate the impact that a single development can make on residential and non-residential development alike.

CASE STUDY: El Dorado State Correctional Facility

The El Dorado state correctional facility is a 640 acre complex at the east end of the City of El Dorado. The prison is a State of Kansas maximum-security correctional facility. The original complex was completed in 1991 at a construction cost of about $58 million.

Expansion Plans

The original expansion plans are being implemented at this time (1999-2000) with a Phase I expansion to be completed in 2001 of about $25 million; and a second expansion to be completed in 2005 - 2008 of about $25 million. The expansion would increase the prison population from about 928 beds to over 1,000 beds in the first phase and ultimately increase the prison to almost 2,000 inmates at double-cell capacity. The personnel necessary to run the prison is currently 487 administrative, security, and contract staff. Personnel could increase after expansion is completed to as many as 715 employees.

 

CASE STUDY: El Dorado State Correctional Facility (continued)

In addition to increased capacity, the correctional facility will add a new Reception and Diagnostic Unit (RDU) as part of the first phase of expansion. The RDU will serve the entire state of Kansas as a center for evaluating new prisoners from across the state in order to place them in various state facilities. As a result, the RDU will generate a considerable amount of new activity and traffic to and from the prison.

In addition to the fenced correctional facility at the 640-acre site there is an offsite minimum-security facility at the El Dorado Lake dam. The minimum-security facility houses 102 inmates. It is not being considered for further expansion at this time.

Correctional Facility Employment

The staffing of the El Dorado correctional facility requires a considerable amount of recruitment in order to find and retain qualified personnel. According to prison Warden Nelson, the El Dorado facility can compete well for labor at the local level, but not as well beyond 30 miles. In a strong economy with about 2.7% unemployment rates, the administration must recruit from a larger region so that more applicants can be screened until qualified personnel are found. More applicants have to be interviewed in order to find sufficient qualified employees. The El Dorado correctional facility is turning to non-traditional recruiting areas, such as rural areas and economically depressed areas, to fill their labor quota. El Dorado, Inc. and Butler County have contributed $50,000 to assist with recruitment.

The state of Kansas has announced plans to increase salaries for security personnel in the near future. The security personnel are non-skilled requiring a high school diploma only. All training is done onsite. A training center is planned for development in a future phase of the El Dorado correctional facility complex.

Turnover among personnel at the El Dorado correctional facility is considered about average for the industry at 16 to 27% annually. Currently there are ten vacancies among the correctional facility staff in El Dorado, which compares favorably to other facilities in the state such as the Lansing Correctional Facility. In Lansing there are currently 45 vacancies on staff, where they have to compete with the higher wage labor market in the Kansas City metropolitan area.

There is a perception that the public sector needs to continue to be involved in assisting with the recruitment of personnel. As the prison expands and adds staff, existing businesses in the El Dorado area will have to compete more and more for manpower. The public and private sector employers need to be more open in discussing regional labor shortages in order to address the problem.

 

CASE STUDY: El Dorado State Correctional Facility (continued)

Effects of the Prison on the Local Area

The warden of the correctional facility said that there has been relatively little migration of inmate families to the El Dorado area. In general, the families of inmates will settle where social services are strongest: charities, city resources, and other institutional support networks to assist families. Locally, the strongest service support systems are found in the City of Wichita. Therefore, most families of prisoners tend to settle in the City of Wichita. Other factors affecting the choice of location of inmate families include the proximity of relatives and other family members and the availability of employment. The prison does not encourage paroled inmates to resettle in the City of El Dorado; rather, they are encouraged to return to their home base where they have the support of family.

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REAL ESTATE TRENDS

The recent pattern of real estate sales indicates that up to 50 percent of homebuyers in and around the City of El Dorado are from the Wichita area. The other ½ of real estate transactions occur primarily because of natural attrition: relocation of Frontier employees, prison personnel movement, and similar relocation of families to and from the area. There is a perception that Wichita realtors are showing more and more El Dorado listings than ever before. It is the perception that Wichita homebuyers are seeking a smaller town environment with schools that offer more local control. Public safety is a concern that fuels El Dorado home sales in the opinion of many realtors.

Concerning development outside the City of El Dorado, there has been an increase in the sale of 40-acre tracks for homes in the agricultural areas. In addition, land that was already zoned and platted for residential development has sold in 1 and 2 acre parcels. However, fewer and fewer parcels of this size are available outside the cities in Butler County. Therefore, most real estate activity is within the cities of the county. The hottest real estate market is in the Andover region. Improvements to K-254 have also spurred interest in and around the City of El Dorado. This Highway improvement has for example cut the drive time to Wichita’s Mid-continent Airport from 45 minutes to 35 minutes.

Home sales of El Dorado residents are primarily driven by the desire to "move up" in the market to a higher priced house or to leave the region because of changes in jobs. The El Dorado real estate market is considered to be strong and growing. Several strengths include good access to regional thoroughfares, the El Dorado Lake, the remodeling of downtown buildings for a civic center, the development of a new YMCA/health club, expansion of the nine-hole golf course to 18 holes, and related improvements to the quality of life of El Dorado. The linear park/bike path is being constructed from the city northeast to the lake.

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RESIDENTIAL GROWTH

Growth is projected to continue in the "Future Growth Areas" as indicated on the Future Land Use Map. The pattern of residential growth is expected to extend from developed areas in the southeast and north portions of the city. Areas along U.S. 77 Highway North will continue to develop when served by utility main extensions.

The U.S. 54 Highway east of the city corridor, and other land uses to the east, will develop in later stages only after the area property owners are willing to finance sewer interceptors from the main across the Walnut River. Land for developments to the north, south and east, served by or in close proximity to existing utilities, will continue to attract near-term growth.

One issue relevant to employment is the availability of housing. Several new apartment complexes have been built in El Dorado, such as the Walnut River Apartment Complex. In addition, moderate-to-upper income housing has been built which has made available move-up housing for, entry-level homebuyers. Affordable housing needs to be added to the housing stock in order to accommodate the needs of moderate-income workers.

Employee retention is as important as employee recruitment. One of the major factors in the retention of employees is the availability of housing. The warden of the El Dorado Correctional Facility observed the following:

In the warden’s opinion, the city, the state and the county need to continue cooperating on local efforts to provide affordable housing. He has praised the city and the county for their innovative approaches and willingness to embrace change in making the most of local, regional, and state resources.

The most probable development pattern for the planning area is a Low-to-Moderate-density development pattern. The low-to-moderate-density residential pattern is presented on the "Future Land Use Plan" map.

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Probable Residential Development Pattern

Residential development is expected to continue to spread in one of two patterns:

· Incrementally and dispersed where residents petition and pay for extensions of sanitary sewer interceptors; or

· More compact in areas where the city has already extended main trunk line sanitary sewers and built interceptors, where water service is available, and where major streets are improved.

Recommendation -- Provide opportunities for diverse, urban land uses throughout the study area.

· Recognize that there is a market for diversity of land use throughout the planning area, and establish zoning districts that range from suburban estates to planned multifamily developments, compatible with and in close proximity to clustered office and commercial uses;

· As residential development progresses through the planning area, develop utility mains where urban land uses may be most cost-effectively served; and

· Continue the public policy of extending public infrastructure mains only in response to market-driven development demands from developers, where locally-assessed lines are approved and ready to be constructed.

Recommendation – Residential Development Guidelines

Good urban design can help new developments relate to adjacent developments to form strong neighborhoods. The land use pattern of a neighborhood plays a major role in determining its strengths and weaknesses. The current El Dorado pattern of neighborhoods meets traditional planning standards. Most older neighborhoods are linked in the traditional grid street pattern, which today is called a "neo-traditional" pattern. Neo-traditional concepts should continue to steer new and infill development in El Dorado and the El Dorado Urban Service Areas.

Residential land use in El Dorado should be driven by a strong emphasis on the implementation and enforcement of the El Dorado Zoning Regulations and Subdivision Regulations, while exploring innovative regulatory approaches in response to private sector development needs. The following section contains guidelines based on neo-traditional planning principles for new and infill development which are recommended to be required through the Zoning and Subdivision Regulations and/or encouraged throughout the plan development process.

 

Encourage the development of logical, interconnected street grids, and avoid "jigsaw" street systems.

Require the development of tree-lined streets.

Require landscaping, primarily through preservation of mature trees and existing vegetation.

 

Require grass or planting strips between curbs and sidewalks.

Encourage a diversity of housing façade styles and colors in new or infill developments.

Encourage front porches on new houses.

Require sidewalks on both sides of residential streets.

Promote the creation of deep lots with houses built close to street to create usable green space.

Require visually appealing, points of beautification within subdivisions.

Develop fence specifications to control type of fencing used in residential areas.

De-emphasize garages extending out from house fronts.

Design new subdivisions in order to minimize initial and future public and private costs.

Encourage lots for new residential areas to be no more than approximately ¼ acre in size.

Limit sprawl by prohibiting development that causes premature extension of utilities and services.

Stabilize older residential neighborhoods and districts.

The Act is designed to encourage development or redevelopment that otherwise might not occur and to eliminate the concern that some property owners may have about higher taxes which result from new investment in their property. This type of district can also help induce further rehabilitation efforts. Appendix D contains examples of successful strategies used by other Kansas communities for neighborhood stabilization.

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EXTRATERRITORIAL LAND USE ISSUES

Following review of land use outside the city, and with the benefit of discussion with the County Planning Commission about issues critical to land use in the urban fringe of El Dorado, the comprehensive plan establishes the following findings:

· Growth is expected to progress to the edges of the residential areas outside the corporate limits as shown on the Future Land Use Map, where urban utilities and roads already serve subdivision development, or may be extended in the near term of ten to twenty years;

· The city should plan to upgrade capacities of utilities to serve the planned growth, extending north and east along the basin tributaries to the Walnut River;

· Demand for large-lot (greater than five acres) will continue beyond the growth area in Butler County;

· It is in the interests of both the city and the County to encourage urban growth into the designated planned growth areas, and regulate rural development beyond the urban fringe to limited sell-offs; and

· All non-agricultural development beyond the growth areas should be on strict standards that require such development to pay all costs and be served with municipal sewer service upon a finding by the city that extension of services is practical.

Recommendation -- Rural and Urban Fringe Land Use Development

If a tract of ground does not require platting, many improvements often required by the city of the developer, such as dedicated street rights-of-way, utility easements, street improvements, sidewalks and water mains, are neither dedicated nor constructed. Also, the Minimum Lot Dimension section of the subdivision regulations, which requires "lot depth generally not exceeding three times the lot-width", cannot be enforced. In the past, the enforcement by the City of subdivision rules allowed residential developments less than five acres to be developed on the urban fringe. Now 40-acre parcels are the minimum size of land area not requiring platting under the city subdivision regulations.

The issue is timely as it relates to the planning area. Development on lots of five acres or larger historically occurred in the fringe of the study area, for example, east on U.S. 54 Highway. Property owners in the area developed private waste water systems to serve the low-density, large-lot development.

With a platting requirement for lots up to 40 acres, lots can be regulated to preserve environmentally sensitive areas. In addition, sizes and shapes of lots can be created which are compatible with the potential needs of future development. For instance, extremely long and narrow lots create potential problems in the future when attempts are made by either the residents or future developers to:

· Bring the city sewer system into the area, or

· Assemble several of these tracts into one ownership for subdivision purposes.

Large residential tracts in areas beyond the planning area may be viewed as a holding use, with the assumption that in the future these tracts will be assembled and subdivided into smaller lots. If this is the case, it is easier to assemble fewer lots (with fewer ownerships), than several 5-acre lots (with several ownerships).

If the city requires the platting of all tracts which are less than 40 acres, reasonable lot improvements can be required, the size and shape of the lots can be reviewed and environmentally sensitive areas have more potential for preservation. Through land use planning and its implementation through properly designed codes and regulations, reasonable lot improvements on lots less than 40 acres will be required and the size and shape of building lots will be reviewed for environmentally sensitive areas which have potential for preservation.

 

Recommendation -- Extraterritorial Land Use Regulation/Regional Planning

As indicated by the findings, it is in the best interest of the city and County to coordinate planning efforts to address development pressure outside the city limits of El Dorado. Currently, the county has coordinated with the city by permitting the city an informal review of all subdivisions in the county within close proximity to the city. Although this review allows input, it does not ensure that development in the growth area is compatible with the city’s existing suburban growth patterns, as it is not subject to city regulations. Zoning review is even less formal.

The State of Kansas allows cities, upon adoption of the comprehensive plan, to apply the provisions of their zoning and subdivision regulations to land outside of the city limits provided such land is within the same county in which the city is located. Although Butler County has adopted zoning and subdivision regulations for the unincorporated area, the County has expressed a willingness to share control of zoning and subdivision regulation with the cities within agreed upon "Urban Service Areas". Therefore, the city may establish joint extraterritorial zoning and subdivision regulations through an inter-local agreement with the county.

An interlocal agreement between the City Commission of El Dorado and the Butler County Board of Commissioners would establish an "El Dorado Regional Planning Commission." The regional planning commission would take the place of the current El Dorado Planning Commission. The new commission would have jurisdiction in the city and in the area governed by the extraterritorial land use regulations. The El Dorado Regional Planning Commission membership would remain as it is now because it is already comprised of residents of the city and persons who reside outside of the city.

Establish Urban Service Areas in Cooperation with Butler County:

Extend Extraterritorial Zoning and Subdivision Regulations to the Urban Service Areas:

Recommendation -- Extraterritorial Building Code Regulation

Kansas State Statutes allow cities, in conjunction with extraterritorial zoning or subdivision regulations, to adopt and enforce building codes outside city limits. The building code authority becomes a key motivation for municipal extension of land use regulations into the rural urban fringe. Cities may require compliance with subdivision regulations as a condition of building or zoning permit approval. This is an issue that the city may wish to pursue in conjunction with extraterritorial zoning and subdivision regulations authority or at a future date, following further review and determination of additional staffing requirements.

Adopt Building Codes for New Construction in Urban Service Areas:

Recommendation -- Annexation Issues

In order to help regulate urban fringe growth and promote cost-effective extension of urban services, El Dorado should annex land based on an ability to provide services within identified growth corridors and "Urban Service Areas." The annexation laws of the state of Kansas establish three separate procedures whereby land can be added to a city, including:

  1. By the city under its unilateral power.
  2. By petition of the landowners. Petitioners annexations actually consists of two separate procedures, one permitting the city to annex adjoining lands under K.S.A., and the other requiring the board of county commissioners to approve annexation of non-adjoining land where the property owners petition for the annexation.
  3. By approval of the board of county commissioners basically acting as a local boundary commission, commonly referred to as "district annexations."

Where a city desires to annex land that does not qualify for unilateral annexation the board of county commissioners becomes involved. In some cases the city may wish to utilize the board of county commissioners’ process even though the city could unilaterally annex land. In any case, the city of El Dorado has an opportunity to build on positive city/county relations and pursue a county-approved annexation plan in the "Urban Service Areas."

A triggering mechanism could be established for annexation of land within the designated areas based upon the 14-point issues listed in the state statutes. For example, when the city responds to proposals for business, commercial and industrial development in the area, the annexation "trigger" established by the city and the county could be used. Annexation would be approved for the service area lands upon application for other than municipal utilities, such as:

The 14 issues to be considered under district annexations are as follows:

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