ORDINANCE NO. 8364
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, AS PREVIOUSLY AMENDED BY ADOPTING AND INCORPORATING BY REFERENCE “SUBDIVISION REGULATIONS FOR LAWRENCE & UNINCORPORATED AREAS OF DOUGLAS COUNTY, KANSAS, TA-10-17-08 REVISED STANDARDS FOR BUILD OUT PLANS, JANUARY 6, 2009 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 December 15, 2008 (TA-10-17-08) recommended that sections of the “Subdivision Regulations for Lawrence and the Unincorporated Areas of Douglas, County, December 19, 2006 Edition” be amended and restated; and
WHEREAS, the Board approved text amendment TA-10-17-08 on December 22, 2008; and
WHEREAS, the City approved text amendment TA-10-17-08 on January 6, 2009; 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 recitals are incorporated by reference as if fully set forth 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 find that the statutory provisions for the text amendments to the Subdivision Regulations for Lawrence and the Unincorporated Areas of Douglas County, Kansas, December 19, 2006 Edition, as previously amended, to incorporate TA-10-17-08, 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, have been fully complied with and said text amendments are hereby adopted.
SECTION III. The “Subdivision Regulations for Lawrence and the Unincorporated Areas of Douglas County, Kansas, TA-10-17-08 Revised Standards for Build Out Plans, January 6, 2009 Text Amendments” approved by Section II above, prepared compiled, published and promulgated by the Lawrence-Douglas County Metropolitan Planning Office is hereby adopted and 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, TA-10-17-08 Revised Standards for Build Out Plans, January 6, 2009 Text Amendments,” amending the Subdivision Regulations for Lawrence and the Unincorporated Areas of Douglas County, Kansas, December 19, 2006 Edition, as previously amended. One copy of said text amendments shall be marked or stamped as “Official Copy as Adopted by Ordinance No. 8364 and Resolution 09-________“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, TA-10-17-08 Revised Standards for Build Out Plans January 6, 2009 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 2009, 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, TA-10-17-08 Revised Standards for Build Out Plans, January 6, 2009 Text Amendments” are hereby specifically repealed and replaced by the “Subdivision Regulations for Lawrence and the Unincorporated Areas of Douglas County, Kansas, TA-10-17-08 Revised Standards for Build Out Plans, January 6, 2009 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, Kansas this ___ day of February, 2009.
APPROVED:
_______________________
Michael Dever, 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 February, 2009.
Board of County Commissioners of
Douglas County, Kansas
_______________________________
Charles Jones, Chair
_______________________________
Nancy Thellman, Commissioner
______________________________
Jim Flory, Commissioner
ATTEST:
__________________________________________
Jameson D. Shew, County Clerk
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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.