ORDINANCE NO. 8064
RESOLUTION NO. ________
JOINT ORDINANCE OF THE CITY OF LAWRENCE, KANSAS AND RESOLUTION OF THE BOARD OF COUNTY COMMISIONERS OF DOUGLAS COUNTY, KANSAS PROVIDING FOR THE ADOPTION OF “SUBDIVISION REGULATIONS FOR LAWRENCE AND THE UNINCORPORATED AREAS OF DOUGLAS COUNTY, DECEMBER 19, 2006 EDITION” INCORPORATING BY REFERENCE SAID EDITION, AND CODIFYING THE CODE IN “THE CODE OF THE CITY OF LAWRENCE , KANSAS 2006 EDITION” CHAPTER 20, ARTICLE 8 OF THE DEVELOPMENT CODE OF THE CITY OF LAWRENCE, KANSAS AND AMENDMENTS THERETO AND REPEALING THE EXISTING CHAPTER 21 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, AND CODIFYING IN THE DOUGLAS COUNTY CODE CHAPTER XI, ARTICLE 1
WHEREAS, by Resolution No. 72-25 and Ordinance No. 4337, respectively, the Board of County Commissioners of Douglas County, Kansas (the “Board”) and the Lawrence City Commission (the “City”) adopted joint subdivision regulations (the “Subdivision Regulations”), to be applicable to land within the City of Lawrence and land in the unincorporated areas of Douglas County, Kansas; and
WHEREAS, since originally adopted, the Board and the City have made various amendments to the Subdivision Regulations, which are currently codified at Chapter XI of the Douglas County Code and Chapter XXI of the Lawrence City Code; and
WHEREAS, after due and lawful notice and hearing, the Lawrence-Douglas County Metropolitan Planning Commission, on August 21, 2006, recommended that the Subdivision Regulations be amended and restated; and
WHEREAS, The “Subdivision Regulations for Lawrence and the Unincorporated Areas of Douglas County, December 19, 2006 Edition” is a comprehensive revision of the City of Lawrence and Douglas County’s existing jointly adopted Subdivision Regulations [re: Ordinance no.527 and resolution no. 81-11 and amendments thereto] and as such affects all divisions of land within the corporate limits of the City of Lawrence, Kansas and the unincorporated area of Douglas County, Kansas; and
WHEREAS, pursuant to the provisions of K.S.A. Chapter 12, Article 7, and further pursuant to K.S.A. 12-749, K.S.A. 12-751, K.S.A. 12-3009, K.S.A. 12-3301, the Home Rule Authority of the County as granted by K.S.A. 19-101a, and the Home Rule Authority of the City as granted by Article 12, § 5 of the Constitution of Kansas, the Board and the City of Lawrence are authorized to adopt by ordinance and by incorporation by reference, planning and zoning laws and regulations; and
WHEREAS, after due and lawful notice the recommendation of the Lawrence-Douglas County Metropolitan Planning Commission that the “Subdivision Regulations for Lawrence and the Unincorporated Areas of Douglas County, December 19, 2006 Edition” be adopted, came before the governing bodies of the City of Lawrence, Kansas, and Douglas County, Kansas after due consideration and deliberation that recommendation on the adoption of the ”Subdivision Regulations for Lawrence and the Unincorporated Areas of Douglas County, December 19, 2006 Edition”, was approved by the governing bodies of the City of Lawrence, Kansas and Douglas County, Kansas.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS: AND
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DOUGLAS, COUNTY, KANSAS:
SECTION I. The above stated recitals are by reference incorporated herein, and shall be as effective as if repeated verbatim.
SECTION II. The governing bodies of the City of Lawrence, Kansas and Douglas County, Kansas, herby finds that the statutory provisions for the adoption of subdivision regulations has been fully complied with in consideration and adoption of the “Subdivision Regulations for Lawrence and the Unincorporated Areas of Douglas County, December 19, 2006 Edition,” and are hereby adopted as presented to the governing body of the City and to the Board at their respective meetings.
SECTION III. That the “Subdivision Regulations for Lawrence and the Unincorporated Areas of Douglas County, December 19, 2006 Edition” is hereby incorporated by reference as if fully set forth herein, and shall be known as the “Subdivision Regulations for Lawrence and the Unincorporated Areas of Douglas County, December 19, 2006 Edition.” No fewer than three copies of said subdivision regulations shall be marked or stamped as “Official Copy as Adopted by Ordinance No. _____ and Resolution No. ______ “and to which shall be attached a copy of this joint resolution and ordinance, and filed with the city clerk and county clerk, to be open to inspection and available to the public at all reasonable hours. The police department, municipal judge, and all administrative departments of the City charged with the enforcement of the ordinance shall be supplied, at the cost of the city, such number of official copies of such “Subdivision Regulations for Lawrence and the Unincorporated Areas of Douglas County, December 19, 2006 Edition” similarly marked as may be deemed expedient.
SECTION IV. The joint resolution and ordinance shall be included as a supplement to the Code of the City of Lawrence, Kansas 2006, Edition, and shall be codified in Chapter 20, Article 8 of the Development Code of the City of Lawrence, Kansas, and shall be codified in Chapter 11, Article 1 of the Douglas County Code. For purposes of numbering sections in the Douglas County Code, the first two digits of each section shall be changed from 20 to 11 and the third digit (the first digit following the hyphen) shall be changed from 8 to 1. For instance, Section 20-801 shall be numbered Section 11-101 in the Douglas County Code.
SECTION V. Any person violating any of the provisions of the joint resolution and ordinance shall be deemed guilty of a misdemeanor and shall be punished pursuant to the provisions in Chapter 20, Article 16 of the Development Code of the City of Lawrence, Kansas, or as otherwise provided in applicable law.
SECTION VI. That existing Chapter 21 Subdivision Regulations of the City Code and existing Chapter 11 Subdivision Regulations of the Douglas County Code, and all heretofore adopted amendments thereto, are hereby specifically repealed and shall be replaced by the “Subdivision Regulations for Lawrence and the Unincorporated Areas of Douglas County, December 19 , 2006 Edition” adopted hereby.
SECTION VII. This joint resolution and ordinance shall be in full force and effect from and after the later of the following (i) its adoption by the governing bodies of the City of Lawrence and Douglas County, Kansas and publication as provided by law, or (ii) December 31, 2006.
Adopted by the governing body of the City of Lawrence this _____ day of December, 2006.
APPROVED:
_______________________
Mike Amyx, Mayor
ATTEST:
_______________________________________
Frank S. Reeb, City Clerk
APPROVED AS TO FORM AND LEGALITY:
_______________________________________ _____________
Toni Ramirez Wheeler Date
Interim Director of Legal Services
Adopted by the Board of County Commissioners of Douglas County, Kansas, this ___ day of December, 2006.
Board of County Commissioners of
Douglas County, Kansas
_______________________________
Bob Johnson, Chair
ATTEST:
_______________________________
Jere McElhaney, Commissioner
___________________________
Jameson D. Shew, County Clerk ______________________________
Charles Jones, Commissioner
Publish one time and return one Proof of Publication to the City Clerk and one to the City Director of Legal Services, and one to the County Clerk.