ORDINANCE NO. 8299

 

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, FUTURE NEIGHBORHOOD COMMERCIAL CENTERS.

 

            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 July 21, 2008, by Resolution No. 2008-07, recommended the adoption of the amendment to include the southwest corner of Crossgate Drive and Clinton Parkway as a potential location for a new Neighborhood Commercial Center to the Lawrence- New Commercial Areas section 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-2008-10 adopted by the Planning Commission in Resolution No. 2008-07 on July 21, 2008.

 

            Section 4. The Lawrence –New Commercial Areas section of Chapter 6 – Commercial Land Use in “Horizon 2020” is hereby amended to read as follows:

LAWRENCE - NEW COMMERCIAL AREAS

 

All new commercial and office development shall occur in accordance with the plan recommendations.  New commercial, retail and related uses shall be developed as a node with shared parking areas, common access drives, and related design and appearance.  Nodes shall be positioned and oriented to the primary street intersections where they are located, avoiding a "strip" pattern as a result of extension of commercial uses along the streets from where the node originated.

 

Commercial nodes include other important community services and facilities, such as satellite post offices, police, fire and emergency services, religious facilities, community centers and other services and institutions.  Inclusion of these uses assists the integration of the commercial area into the overall neighborhood, serving multiple communities and service needs in a single location, and creating physically distinctive use areas apart from traditional commercial areas. 

 

The Comprehensive Plan includes recommendations for the location of new commercial development.  As the community grows, it may be necessary to change the recommended location of a Commercial Center(s) or not use a designated intersection for a commercial uses.  If there is a need to move the recommended location of a Commercial Center or downgrade the recommended size of a center, the Comprehensive Plan shall be amended.  Through the amendment process, the proposed location and/or change in size of the Commercial Center will be reviewed based on the effects the change will have on infrastructure systems, the surrounding land uses, the neighborhood and the community-at-large.

 

The Comprehensive Plan does not support increasing the size or number of new Commercial Centers.

 

·                     Neighborhood Commercial Centers 

 

The Comprehensive Plan recommends the following intersections as potential locations for new Neighborhood Commercial Centers.

 

1.       Franklin Road extended and E. 28th Street extended

2.       E 1500 Rd and N 1100 Rd

3.       E 1000 Rd and N 1000 Rd

4.       E 1000 Rd and N 1200 Rd

5.       Clinton Parkway and K-10

6.       W. 15th Street and K-10

7.       E 800 Rd and at the potential east/west arterial 2 miles north of US US-40

8.       E 700 Rd and US US-40

9.       E 800 Rd and N 1750 Rd

10.   E 1000 Rd and N 1750 Rd

11.   E 1500 Rd and US Highway 24/40

12.   Southwest corner of Crossgate Drive and Clinton Parkway

 

These areas are all intended for development as small, compact commercial nodes that provide goods and services to the immediately adjoining neighborhood areas. They shall be developed in a manner that is consistent with the goals, policies and recommendations of the Comprehensive Plan.

 

Section 5. The existing Lawrence –New Commercial Areas section of Chapter 6 – Commercial Land Use 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.