ORDINANCE NO. 8282
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 FOURTEEN SPECIFIC PLANS, Southeast Area Plan, section 3.11, Commercial,
Zoning Districts AND REPEALING THE EXISTING SECTION.
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 21, 2008, by Resolution No. 2008-05, recommended
the adoption of the amendment of the Southeast Area Plan, section 3.11,
Commercial, Zoning Districts of Chapter 14 Specific Plans in Horizon 2020 to change the CC400
District to a CC200 District ; 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 14 Specific
Plans, Southeast Area Plan contained in planning staff reports CPA-2008-1 adopted
by the Planning Commission in Resolution No. 2008-05 on April 21, 2008.
Section 4. Chapter 14 Specific
Plans, Southeast Area Plan, section 3.11, Commercial, Zoning Districts is hereby
amended to read as follows:
Commercial:
The intent of the commercial use is
to allow for retail and service uses. A
Intensity: Medium-High
Applicable Areas:
·
Area
southeast of the intersection of E. 23rd
·
Area
northeast of the intersection of
Zoning Districts: CC400 CC200 (Community Commercial
District), CN2 (Neighborhood Commercial Center District), PD (Planned
Development Overlay) Primary Uses: Civic
and public uses, medical facilities, eating and drinking establishments,
general office, retail sales and services, fuel sales, car wash
Section 5. Existing section 3.11 in Horizon 2020 is hereby repealed, it
being the intention of this ordinance and resolution that its provisions be
substituted in place thereof.
Section 6. 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 7. 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