ORDINANCE NO. 8255
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 MARCH 25, 2008 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 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-09-21-07
(A-D)), recommended that sections of the “Subdivision Regulations for
WHEREAS, The City approved text amendments TA-09-21-07 (A-D)
on March 25, 2008; and
WHEREAS, The Board approved text amendments TA-09-21-07
(A-D) 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
BE IT RESOLVED BY THE
BOARD OF
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 and amendment of the “Subdivision
Regulations for Lawrence and the Unincorporated Areas of Douglas County, Kansas
March 25, 2008 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 March 25, 2008 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 March 25, 2008
Text Amendments.” One copy of said text
amendments shall be marked or stamped as “Official Copy as Adopted by Ordinance
No. 8255 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
March 25, 2008 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, 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 March 25, 2008
Text Amendments” are hereby specifically
repealed and replaced by the “Subdivision Regulations for Lawrence and the
Unincorporated Areas of Douglas County, Kansas March 25 2008 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
Passed by the Governing Body
of the City of
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 April, 2008.
Board of
_______________________________
Bob Johnson, Chair
ATTEST:
_______________________________
Jere McElhaney, Commissioner
___________________________
Jameson D.
Shew,
_____________________________
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