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 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 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 Community Commercial Center provides goods and services to several different neighborhood areas.  A Neighborhood Commercial Center provides for the sale of goods and services at the neighborhood level.

Intensity:  Medium-High

Applicable Areas:

·         Area southeast of the intersection of E. 23rd Street/K-10 Highway and O’Connell Road. (Community Commercial Center)

·         Area northeast of the intersection of Franklin Road extended and E. 28th Street extended.  (Neighborhood Commercial Center)

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 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.