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
BE IT RESOLVED
BY THE BOARD OF
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
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 Citys 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.
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
Passed by the Governing Body of the City of
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
_______________________________
Bob
Johnson, Chair
_______________________________
Jere
McElhaney, Commissioner
______________________________
Charles
Jones, Commissioner
ATTEST:
__________________________________________
Jameson D.
Shew,
*****
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