ORDINANCE NO. 8342
RESOLUTION NO. _____
JOINT ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AND RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS AMENDING THE COMPREHENSIVE LAND USE PLAN “HORIZON 2020” BY INCORPORATING BY REFERENCE “CHAPTER 6 – COMMERCIAL LAND USE, GOAL 3, CPA-2008-5, NOVEMBER 11, 2008 EDITION ” PREPARED BY THE LAWRENCE-DOUGLAS COUNTY METROPOLITAN PLANNING OFFICE 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 October 20, 2008, by Resolution No. 2008-09, recommended the adoption of the amendments to “Horizon 2020” to replace “Chapter 6 – Commercial Land Use, Goal 3”; CPA-2008-5; 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 and adoption of the 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, Goal 3 contained in planning staff report CPA-2008-5 and adopted by the Planning Commission in Resolution No. 2008-09 on October 20, 2008.
Section 4. That the “Chapter 6 – Commercial Land Use, Goal 3, CPA-2008-5, November 11, 2008 Edition” approved by Section 3 above, prepared compiled, published and promulgated by the Lawrence-Douglas County Metropolitan Planning Office is hereby incorporated by reference as if fully set forth herein, and shall be known as “Chapter 6 – Commercial Land Use, Goal 3 CPA-2008-5, November 11, 2008 Edition,”. One copy of said plan shall be marked or stamped as “Official Copy as Adopted by Ordinance No. 8342 and Resolution 08-____“ and to which shall be attached a copy of this joint resolution and ordinance, and filed with each of the County Clerk and City Clerk, to be open to inspection and available to the public at all reasonable business hours. The police department, municipal judge, and all administrative departments of the City charged with the enforcement of the ordinance shall be supplied, at the cost of the city, such number of official copies of such “Chapter 6 – Commercial Land Use, Goal 3, CPA-2008-5, November 11, 2008 Edition” marked as may be deemed expedient.
Section 6. The existing Chapter 6 – Commercial Land Use, Goal 3 of “Horizon 2020” is hereby repealed, it being the intent of this ordinance and resolution that its provisions be substituted in place thereof.
Section 7. Severability. If any section, clause, sentence, or phrase of this joint ordinance or 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 8. 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.