(a) ADOPTION. Subdivision Regulations are hereby approved and adopted by the Governing Body of the City of Andover, Kansas, as prepared and published in book form as model regulations by the Andover City Planning Commission with the technical assistance of Foster and Associates, Planning Consultants of Wichita, Kansas, and the City Subdivision Administrator under the date of August 29th, 1995 and entitled, “Subdivision Regulations of the City of Andover, Kansas,” and the same are hereby incorporated by reference as fully as if set out herein.
(b) PUBLIC HEARING. The public hearing required by Kansas law was duly held on June 20, 1995 by the Andover City Planning Commission, and a discussion of said Subdivision Regulations was had at said meeting; and that the Subdivision Regulations in model code form herein adopted are a true and correct copy of those regulations as adopted by the Andover City Planning Commission.
(c) JURISDICTION. From the effective date of this Ordinance, the Subdivision Regulations herein incorporated by reference shall govern the subdivision of land and the vacation of rights-of-way, easements and other public reservation located within the City of Andover, Kansas, and in the extraterritorial jurisdiction as described therein.
Not less than three copies of the Subdivision Regulations in book form marked “Official Copy as Incorporated by Ordinance No. 830 and to which there shall be a published copy of this Ordinance attached, shall be filed with the City Clerk to be open for inspection and available to the public at all reasonable hours.
That pursuant to K.S.A. 12-761, any violations of this Ordinance shall be deemed to be a misdemeanor and any person, firm, association, partnership, or corporation convicted thereof shall be punished by a fine not to exceed $500.00 for each offense and each day's violation shall constitute a separate offense. The City shall further have the authority to maintain suits or actions in any court of competent jurisdiction for the purpose of enforcing any provisions of this Ordinance and to abate nuisances maintained in violation thereof; and in addition to other remedies, institute injunction, mandamus, erection, construction, reconstruction, alteration, conversion, maintenance, or use, or to correct or abate such violation, or to prevent the occupancy of such buildings, structures, or land.
(Ord. 378, Sec. 4; Code 2011)
(a) That for the purposes of voluntary annexing of platted or unplatted lands to the corporate limits of the City of Andover, Kansas, and pursuant to and in compliance with K.S.A. 12-519 et seq. and 12-741 et seq. does hereby declare it necessary to establish a procedure relating to the voluntary annexation of all lands to the corporate limits of said City.
(b) For the furtherance of the intent expressed in section (a) hereof, the Governing Body, hereby ordains that from and after the passage and publication of this article, no lands whether platted or unplatted or both platted and unplatted shall be submitted without the petitioners and owners thereof first submitting voluntary request for annexation in writing to the Planning Commission of said City.
(Ord. 212, Sec. 1; Code 2011)
Upon receipt of the request for annexation above referred to by the Clerk or Chairman of the said Planning Commission, same shall at the earliest convenient time call a meeting of said City Planning Commission to consider said Request for Annexation, and the effect of such proposed annexation upon the orderly future growth of said City and its compliance or noncompliance with the proposed future planning and zoning of the said City, and in such consideration and deliberation the said Planning Commission may (without limitation as to further or other acts or considerations):
(a) Order and hold public hearings with such notice as it deems appropriate upon such request.
(b) Refer such request to the subdivision committee of the Planning Commission for study and recommendation to the Planning Commission.
(c) Study the need or desirability of the dedication of roadways, streets, alleys, easements or other dedications.
(d) Whether or not such lands should be subdivided forthwith upon annexation and recommendations for the manner and method of platting and scope of the same upon annexation.
(e) Consider and make findings as to the future possible use of the said lands.
(f) Within 40 days after receipt of such request make a written report of its findings which report shall determine either:
(1) That such land should be annexed and state any conditions precedent to such annexation, and if the land is suitable for any zoning use classification other than Single-Family Residential, then state such use or uses.
(2) That such land not be annexed and make determinations as to its reasons for not recommending annexation.
(3) That the Planning Commission neither recommends nor denies the advisability of annexation.
(g) That upon request of a quorum of the members of the Planning Commission in writing the time for consideration by said Planning Commission as set out in Section 20-205(f) above may be extended for reasonable periods of time by the Governing Body.
(Ord. 212, Sec. 3)
That upon receipt of findings and recommendations from the Planning Commission by the Governing Body or absent the same within the time specified above or extension thereof, the Governing Body may then proceed to annex said requested lands or deny annexation or return the said recommendation to the Planning Commission, with a request to make certain additional recommendations or findings. Nothing herein shall be construed as limiting the power of said Governing Body to annex said land or refuse annexation contrary to the recommendation of the Planning Commission, it being the intention of the Governing Body that the function of the Planning Commission is advisory only.
(Ord. 212, Sec. 4)
The Governing Body may upon its finding by a majority of the Governing Body, that is, three (3) members thereof, suspend the effect of this article if such finding determines that the overwhelming public interest of said City would be served by the immediate annexation of such land and that insufficient time exists to submit the same to the Planning Commission.
(Ord. 212, Sec. 5)