ORDINANCE NO. 8230

RESOLUTION NO. _____

JOINT ORDINANCE OF THE CITY OF LAWRENCE, KANSAS AND RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS AMENDING THE “SUBDIVISION REGULATIONS FOR LAWRENCE AND THE UNINCORPORATED AREAS OF DOUGLAS COUNTY, KANSAS, DECEMBER 19, 2006 EDITION” BY INCORPORATING BY REFERENCE THE “SUBDIVISION REGULATIONS FOR LAWRENCE AND THE UNINCORPORATED AREAS OF DOUGLAS COUNTY, KANSAS, DECEMBER 4, 2007 TEXT AMENDMENTS ” PREPARED BY THE LAWRENCE-DOUGLAS COUNTY METROPOLITAN PLANNING OFFICE AND REPEALING THE EXISTING SECTIONS

WHEREAS, by Resolution No. 06-41 and Ordinance No. 8064, 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, Kansas and land in the unincorporated areas of Douglas County, Kansas, which Subdivision Regulations replace subdivision regulations previously adopted by Resolution No. 72-25 and Ordinance No. 4337, as amended; and

WHEREAS, after due and lawful notice and hearing, the Lawrence-Douglas County Metropolitan Planning Commission, on October 22, 2007 (TA-11-13-06, TA-08-18-07, TA-09-20-07, TA-09-22-07 and TA-09-23-07), recommended that sections of the “Subdivision Regulations for Lawrence and the Unincorporated Areas of Douglas County, Kansas, December 19, 2006 Edition” be amended and restated; and

WHEREAS, the City approved text amendments TA-11-13-06, TA-08-18-07, TA-09-22-07 and TA-09-23-07 on November 20, 2007, and TA-09-20-07 on December 4, 2007; and

WHEREAS, the Board approved text amendments TA-11-13-06, TA-08-18-07, TA-09-20-07, TA-09-22-07 and TA-09-23-07 on November 14, 2007; 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 are authorized to adopt and amend, by resolution and ordinance, respectively, and by incorporation by reference, planning and zoning laws and regulations.

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, hereby finds that the statutory provisions for the amendment of subdivision regulations has been fully complied with in consideration, amendment and adoption of the “Subdivision Regulations for Lawrence and the Unincorporated Areas of Douglas County, Kansas December 4, 2007 Text Amendments” as recommended by the Lawrence-Douglas County Metropolitan Planning Commission and as presented to the Governing Body of the City and to the Board at their respective meetings are hereby adopted.

SECTION III. That the “Subdivision Regulations for Lawrence and the Unincorporated Areas of Douglas County, Kansas, December 4, 2007 Text Amendments” approved by Section II above, prepared compiled, published and promulgated by the Lawrence-Douglas County Metropolitan Planning Office 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, Kansas December 4, 2007 Text Amendments.” One copy of said text amendments shall be marked or stamped as “Official Copy as Adopted by Ordinance No. 8230 and Resolution 08-____“ and to which shall be attached a copy of this joint resolution and ordinance, and filed with each of the County Clerk and City 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, Kansas December 4, 2007 Text Amendments” marked as may be deemed expedient.

SECTION IV. The amendments to the Subdivision Regulations made by this joint resolution and ordinance shall be included as a supplement to the Code of the City of Lawrence, Kansas, 2008 Edition, as codified in Chapter 20, Article 8 of the Development Code of the City of Lawrence, Kansas, and as 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. If any section, clause, sentence, or phrase of this joint resolution and ordinance or the regulations adopted hereby is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this joint resolution and ordinance or the regulations adopted hereby, as the case may be.

SECTION VI. The existing sections of the “Subdivision Regulations for Lawrence and the unincorporated areas of Douglas County, Kansas, December 19, 2006 Edition”, and all heretofore adopted amendments thereto, referenced in the “Subdivision Regulations for Lawrence and the Unincorporated Areas of Douglas County, Kansas, December 4, 2007 Text Amendments” are hereby specifically repealed and replaced by the “Subdivision Regulations for Lawrence and the Unincorporated Areas of Douglas County, Kansas, December 4, 2007 Text Amendments,” adopted hereby.

SECTION VII. This joint resolution and ordinance shall be in full force and effect from and after its adoption by the Governing Bodies of the City of Lawrence and Douglas County, Kansas and publication as provided by law.

Passed by the Governing Body of the City of Lawrence this _____ day of January, 2008.

APPROVED:

_______________________

Sue Hack, Mayor

ATTEST:

_______________________________________

Frank S. Reeb, City Clerk

APPROVED AS TO FORM AND LEGALITY:

_______________________________________

Toni Ramirez Wheeler

Director of Legal Services

Adopted by the Board of County Commissioners of Douglas County, Kansas, this ____ day of January, 2008.

Board of County Commissioners of

Douglas County, Kansas

_______________________________

Bob Johnson, Chair

ATTEST:

_______________________________

Jere McElhaney, Commissioner

___________________________

Jameson D. Shew, County Clerk

_____________________________

Charles Jones, Commissioner

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NOTICE TO PUBLISHER

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.