Proposed Resolution - 5 Acre Exemption Moratorium

05/27/2005
The County Commission will consider the following resolution at their regular County Commission meeting on Wednesday evening, June 8th at 6:35 pm. The meeting will be held in the courthouse located at 1100 Massachusetts in Lawrence, and interested citizens are welcome to attend. HOME RULE RESOLUTION NO. HR- 05-______________ A HOME RULE RESOLUTION PROVIDING FOR THE TEMPORARY PROHIBITION OF THE ISSUANCE OF PERMITS FOR THE CONSTRUCTION OR PLACEMENT OF DWELLINGS AND MOBILE HOMES ON CERTAIN TRACTS RELYING ON THE 5-ACRE EXEMPTION AND PROVIDING CERTAIN EXCEPTIONS WHEREAS, K.S.A. 19-101a, and amendments thereto, authorizes the Board of County Commissioners (hereinafter after the "Board") to transact all County business and perform all powers of local legislation and administration it deems appropriate. WHEREAS, effective September 1, 1972, the City of Lawrence, Kansas and the Board jointly adopted subdivision regulations (hereinafter the "Subdivision Regulations") governing the subdivision of land in the City of Lawrence and the unincorporated areas of Douglas County, Kansas, which Subdivision Regulations have been amended from time to time. WHEREAS, Section 21-105(b) of the Subdivision Regulations, generally referred to as the "5-acre exemption," exempts certain divisions of land outside of the Urban Growth Area of the City of Lawrence for residential purposes; except that the division of a tract of land into more than three lots, any one of which is less than five acres, is not exempt from the Subdivision Regulations. WHEREAS, the Lawrence-Douglas County Metropolitan Planning Commission, the Board, and residents and landowners of Douglas County, Kansas have discussed and studied the 5-acre exemption for years and have discussed the deleterious effects of unplanned growth resulting from the 5-acre exemption. WHEREAS, in anticipation of making certain amendments to the Subdivision Regulations, the Board currently has two moratoriums in place to prevent unplanned growth in certain situations as follows: Resolution No. 05-4-3, generally prohibiting issuance of building permits unless the tract has 250 feet of frontage along a public road right-of-way with primary access to the dwelling or mobile home directly to and from the public roadway; and Resolution No. 05-5-4, generally prohibiting issuance of building permits for a tract of land if the dwelling or mobile home gains its primary access directly to and from the portion of public roadway that is then designated as a "minimum maintenance road" pursuant to K.S.A. 68-5,102, as amended. WHEREAS, the Lawrence-Douglas County Planning Commission has formed a subcommittee that has studied rural development issues, including the use of the 5-acre exemption in the unincorporated areas of Douglas County, Kansas, and has developed drafts of recommendations for amendments to Horizon 2020, which would support revisions to the Subdivision Regulations. WHEREAS, the Board desires to study the desirability of creating permanent legislation to amend the Subdivision Regulations, including amendments to the 5-acre exemption, and pending permanent legislation the Board desires to prohibit construction of certain additional residences in reliance on the 5-acre exemption. WHEREAS, in public session on May 18, 2005, a majority of the Board instructed staff prepare a resolution to impose a moratorium on issuance of certain building permits pending amendment of the Subdivision Regulations and such a resolution was first on the Board's Agenda and discussed in public session as an agenda item on May 23, 2005. WHEREAS, in public session on May 23, 2005, the Board reviewed a draft of such a resolution and a majority of the Board directed staff to revise it to set the acreage for tracts of land exempt from the resolution at 10 acres, to change the applicable date for deed and survey recording from May 23, 2005 to June 1, 2005, and to place the matter on the Board's Agenda for further discussion and action on June 8, 2005. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS, SITTING IN REGULAR SESSION THIS 8TH DAY OF JUNE, 2005, AND INTENDING TO EXERCISE THE POWERS OF HOME RULE LEGISLATION PURSUANT TO K.S.A. 19-101a, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Moratorium on Issuance of Building Permits. Commencing on the date of this Resolution and continuing through November 30, 2005, the repeal of this Resolution if earlier, or such later date to which the Board may subsequently extend this Resolution, all Douglas County officials, agencies, departments and/or boards charged with the responsibility for issuing permits for the construction or placement of dwellings and mobile homes in the unincorporated area of Douglas County shall not issue a permit for the construction or placement of a dwelling or mobile home on a tract of land, and the construction or placement of a dwelling or mobile home is prohibited, unless the separate tract of land would have been eligible to receive a building permit absent the adoption of this Resolution and any extension hereof and all of the following conditions apply to the tract under one ownership upon which the structure is to be constructed or placed: a. Resolution No. 05-4-3 (generally prohibiting issuance of building permits unless the tract has 250 feet of frontage along a public road right-of-way with primary access to the dwelling or mobile home directly to and from the public roadway), which is incorporated herein by this reference, does not prohibit the issuance of a building permit for the construction or placement of a dwelling and mobile home on the tract of land. b. Resolution No. 05-5-4 (generally prohibiting issuance of building permits for a tract of land if the dwelling or mobile home gains its primary access directly to and from the portion of public roadway that is then designated as a "minimum maintenance road" pursuant to K

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