Memorandum

City of Lawrence

Legal Services

TO:	David L. Corliss, City Manager Toni Ramirez Wheeler, Director of Legal Services
FROM:	John Jay Miller, Staff Attorney
Date:	March 24, 2009
RE:	City Commission Consideration of Comprehensive Plan Amendment (CPA-2004-02) to Horizon 2020, Chapter 7: Industrial and Employment Related Land Use

On February 10, 2009, the City Commission passed on second reading the amendments to Chapter 7: Industrial and Employment Related Land Use, of the Comprehensive Plan Horizon 2020.  On March 4, 2009, the Board of County Commissioners approved Chapter 7 with language that was not included in the City Commissions approval of Chapter 7, specifically the term “soil conserving” was added to describe agri-industry businesses.  The amendments to Chapter 7 relate to both the City and the County, requiring the approval of the same chapter by both governing bodies.  Because the governing bodies approved Chapter 7 with different language, the ordinance passed on second reading and the resolution approved by the Board cannot take effect. 

This memorandum outlines City Commissions options for the Comprehensive Plan Amendment (CPA-2004-02) to Chapter 7 of Horizon 2020.

• Do not change the City Commission’s decision on Chapter 7.  This action would result in the existing Chapter 7 of Horizon 2020 to continue as the guideline for Industrial and Employment Related Land Use.  If this is the course of action, a study session or other form of dialogue with the Board of County Commissioners to discuss Chapter 7 may be appropriate to help resolve language differences with the chapter. 

• Approve Chapter 7 with the changes adopted by the Board of County Commissioners.  This action would require a motion by a majority vote of the City Commission to reconsider the passed ordinance.  The Commissioners that voted in favor of the ordinance approving Chapter 7 as recommended by the Planning Commission would make the motion to reconsider the ordinance and have the City Commission consider the Board’s version of Chapter 7.  Before considering the ordinance approving Chapter 7 with the Board’s language, the City Commission will have to comply with the notice requirements of K.S.A. 12-743 and provide at least 20 days notice to all the Township Boards in the County prior to the City Commission’s proposed action.  The notice requirements would place the reconsideration of the ordinance adopting Chapter 7 in April 2009, at the earliest. 

• Return Chapter 7 to the Planning Commission for further consideration specifying the basis for the City Commission’s failure to approve.  The Commissioners that voted in favor of the ordinance approving Chapter 7 as recommended by the Planning Commission would have to make the motion to reconsider the ordinance and then the City Commission would vote to return Chapter 7 to the Planning Commission.

Action Requested:  Review the options presented and direct staff as appropriate.