TA-05-02-02

RESOLUTION NO. ______ 

ORDINANCE NO. 7604

JOINT ORDINANCE/RESOLUTION OF THE CITY OF LAWRENCE, KANSAS, AND THE BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS AMENDING SECTION 21-104(a) OF THE JOINT CITY/COUNTY SUBDIVISION REGULATIONS OF THE “CODE OF THE CITY OF LAWRENCE, KANSAS, 2003,” AND AMENDMENTS THERETO TO REQUIRE SUBDIVISION PLATS WITHIN THE CITY OF LAWRENCE TO INCLUDE ALL CONTIGUOUS LAND UNDER THE SAME OWNERSHIP.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE,

WHEREAS, after due and lawful notice and hearing, the Lawrence-Douglas County Metropolitan Planning Commission on October 23, 2002, approved the Text Amendment to Section 21-104(a) of the Joint City/County Subdivision Regulations.

WHEREAS, after due and lawful notice the recommended Zoning Ordinance amendment came on for hearing before the governing body of the City of Lawrence, Douglas County, Kansas on [INSERT DATE], and after due consideration and deliberation the recommended change was approved.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS AND RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS:

SECTION I.  Section 21-104(a) of the Joint City/County Subdivision Regulations of the Code of the City of Lawrence, Kansas, 2003, is hereby amended to read as follows:

21-104.           APPLICABILITY.

(a)      For property in the unincorporated area of Douglas County, after the effective date of these regulations, any owner (or owners) subdividing land or establishing any alley, street, or other property intended for public use or for the use of purchasers or owners of lots, tracts, or parcels of land fronting on or adjacent thereto, shall cause a subdivision plat to be made in accordance with these regulations unless exempted under Section 21-105 of this article.  The Register of Deeds of Douglas County shall not record any plat of a subdivision until such plat bears the endorsement of the Planning Commission.

(b)       For property within the incorporated city limits of Lawrence, no building permit shall be issued unless the property is platted.  If subdivision is required then the subdividers shall plat all of their contiguously owned lands that are not platted.

The subdivider shall be required to provide the necessary rights-of-way or other property interests for any roads classified as arterials, principal arterials, or collectors as identified in the Transportation 2025 Major Thoroughfares Map that border or pass through the subdivider’s property. 

This provision shall apply to all property divisions that are not exempt from the subdivision regulations, regardless of their current state of development or lack of development. Plats submitted for review shall cover all contiguously owned lands that are under the subdivider’s ownership at the time of plat submittal to the Lawrence/Douglas County Planning Office for review and recommendation. The Register of Deeds of Douglas County shall not record any plat of a subdivision until such plat bears the endorsement of the Planning Commission.

(c)       Article 12 of these regulations shall apply to any new building located within the plat approval jurisdiction of the City of Lawrence or Douglas County, Kansas.  (Ord. 6146)

SECTION II.  Section 21-104(a) of the Joint City/County Subdivision Regulations of the City of Lawrence, Kansas, is hereby repealed, it being the intent of this ordinance that its provisions be substituted in place thereof from and after its passage and publication as provided by law.

PASSED by the Governing Body of the City of Lawrence, Kansas, the ______ day of _____________________, 2004.

APPROVED:

___________________________________

David M. Dunfield, Mayor

ATTEST:

__________________________________

Frank S. Reeb, City Clerk

APPROVED AS TO FORM AND LEGALITY:           

___________________________________                     ____________________________

David L. Corliss                                                              Date

Asst. City Manager/Director of Legal Services

ADOPTED by the Board of County Commissioners of Douglas County, Kansas, this ______ day of ______________________, 2004.

                                                                                      APPROVED:

_________________________________

CHARLES JONES, Chairman           

ATTEST

__________________________________

PATTY JAIMES, County Clerk