ORDINANCE NO. 8272

 

RESOLUTION NO. _____

 

JOINT ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AND RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS APPROVING AMENDMENTS TO THE COMPREHENSIVE LAND USE PLAN “HORIZON 2020” BY AMENDING CHAPTER SIX – COMMERCIAL LAND USE, LAWRENCE-MIXED USE DISTRICT.

 

 

            WHEREAS, pursuant to K.S.A. 12-747, a comprehensive plan or part thereof shall constitute the basis or guide for public action to insure a coordinated and harmonious development or redevelopment which will best promote the health, safety, morals, order, convenience, prosperity and general welfare as well as wise and efficient expenditure of public funds; and

 

            WHEREAS, the City Commission of Lawrence, Kansas and the Board of County Commissioners of Douglas County, Kansas has adopted a comprehensive land use plan labeled “Horizon 2020”; and

 

            WHEREAS, the Lawrence-Douglas County Metropolitan Planning Commission on April 23, 2008, by Resolution No. 2007-05, recommended the adoption of the amendment to add a mixed use district policy to the Commercial Center Categories section and to Goal 3 of Chapter 6 – Commercial Land Use in “Horizon 2020” ; and

 

WHEREAS, pursuant to the provisions of K.S.A. Chapter 12, Article 7, K.S.A. 12-3009 to and including 12-3012, K.S.A. 12-3301 et seq., 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 1.  The above recitals are incorporated by reference as if fully set forth herein and shall be as effective as if repeated verbatim.

 

            Section 2.  The Governing Bodies of the City of Lawrence, Kansas and Douglas County, Kansas hereby find that the provisions of K.S.A. 12-747 concerning the amendment of comprehensive plans have been fully complied with in consideration, adoption, and approval of and amendment to “Horizon 2020”.

 

            Section 3.  Pursuant to K.S.A. 12-747, the Governing Bodies of Douglas County, Kansas and the City of Lawrence, Kansas do hereby amend “Horizon 2020” by approving the recommendation of the Planning Commission, amending Chapter 6 – Commercial Land Use contained in planning staff report CPA-2007-2 adopted by the Planning Commission in Resolution No. 2007-05 on April 23, 2008.

 

            Section 4. The Commercial Center Categories section and Goal 3 of Chapter 6 – Commercial Land Use in “Horizon 2020” are hereby amended to read as follows:

 

COMMERCIAL CENTER CATEGORIES

 

Mixed-Use Districts

 

The City of Lawrence includes areas where infill and new development opportunities exist that would appropriately be developed or redeveloped as a mixed-use district.  Such areas present potential opportunities for development and redevelopment as mixed-use districts, offering a mix of residential and non-residential uses. This mixed use is encouraged in individual structures as well as throughout the area.  There are also areas that are currently mixed use in nature that should be preserved.

 

Mixed-use districts shall include a mix of uses designed to maintain the character of the surrounding neighborhood, achieve integration with adjacent land uses, and be no larger than 20 acres in size.  Neighborhood integration may also be accomplished by providing transitions through alleyways, variation among development intensity, implementation of landscaping buffers, or by ensuring existing structures are incorporated into the development where possible. New development shall respect the general spacing, mass, scale, and street frontage relationships of existing structures and surrounding neighborhoods.  The City’s Historic Resources Administrator shall be included in the review process if it is likely that historic structures exist within or near the project area.

 

Mixed use districts shall provide multi-modal services, allowing bicycle, pedestrian, vehicular, and transit options. Pedestrians should be able to navigate the site safely and efficiently, and travel to and from the site with ease. Pedestrian-scaled street furnishings, plantings, and public spaces shall be planned to be utilized to allow for social activity. Bicycle parking shall be provided when required by the Zoning Regulations, and transit services shall be incorporated into the design where necessary.

 

Commercial Land Use Goals and Policies

Goal 3: Criteria for Commercial Development

 

Policy 3.12:  Criteria for Mixed-Use Districts

 

A.                  Encourage preservation of areas that are mixed use in nature, as well as development and redevelopment of areas with vacant land, or where existing structures are underutilized, have experienced a high turnover rate, or have remained vacant for an extended period of time.

 

B.                  Mixed-Use Districts shall be no larger than 20 acres in size.

 

C.                  Mixed-Use Districts shall include a mix of the following uses within the subject area and where possible, in mixed-use structures:

a.                   Residential;

b.         Non-residential.

 

D.                  Mixed-Use Districts shall maintain the character of the surrounding neighborhoods by:

a.                   Achieving integration with adjacent land uses by providing transitions through alleyways, variation among development intensity, and implementation of landscape  buffers;

b.                   Incorporating existing structures wherever possible;

c.                   Maintaining general structure spacing, massing, scale, and street frontage relationship when incorporating new structures.

 

E.                  Mixed-Use Districts shall provide multi-modal services to include the following options:

 

a.                   Pedestrian oriented public spaces, which shall include pedestrian-scaled street furnishings, and plantings;

b.                   Bicycle, including bicycle parking;

c.                   Vehicular; and

d.                   Transit.

 

Section 5. Severability. If any section, clause, sentence, or phrase of this Joint Ordinance and Resolution 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 Ordinance and Resolution.

 

Section 6. This Joint Ordinance and Resolution shall be in full force and effect upon 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 this _____ day of _______, 2008.

 

 

 

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 ________, 2008.

 

Board of County Commissioners of Douglas County, Kansas

 

_______________________________

Bob Johnson, Chair

 

 

_______________________________

Jere McElhaney, Commissioner

 

 

______________________________

Charles Jones, 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.