ORDINANCE NO. 9613
RESOLUTION NO. xxxx
A JOINT ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AND RESOLUTION OF DOUGLAS COUNTY, KANSAS, AMENDING HORIZON 2020, THE COMPREHENSIVE PLAN FOR THE CITY OF LAWRENCE AND UNINCORPORATED DOUGLAS COUNTY, “CHAPTER 14 - SPECIFIC PLANS,” TO REVISE THEREIN THE SOUTHEAST AREA PLAN, BY ADOPTING AND INCORPORATING HEREIN BY REFERENCE “HORIZON 2020, THE COMPREHENSIVE PLAN FOR THE CITY OF LAWRENCE AND UNINCORPORATED DOUGLAS COUNTY, DECEMBER 2018 EDITION,” AS PREPARED AND PUBLISHED BY THE LAWRENCE-DOUGLAS COUNTY METROPOLITAN PLANNING OFFICE OF THE CITY OF LAWRENCE, KANSAS.
WHEREAS the City of Lawrence, Kansas, and Douglas County, Kansas, in order to promote the public health, safety, morals, comfort, and general welfare and to conserve and to protect property values in the City and the County, are authorized by K.S.A. 12-741, et seq., to prepare, adopt, amend, extend, and execute a comprehensive plan;
WHEREAS the City of Lawrence, Kansas, Douglas County, Kansas, and the Lawrence-Douglas County Metropolitan Planning Commission, in order to coordinate development in accordance with the present and future needs of the City and the County, to conserve the natural resources of the City and the County, to ensure efficient expenditures of public funds in the City and the County, and to promote the health safety, convenience, prosperity, and the general welfare of the residents of the City and the County, have adopted Horizon 2020, the Comprehensive Plan for the City of Lawrence and Unincorporated Douglas County;
WHEREAS, on November 14, 2018, after giving lawful notice by publication in the official City newspaper, the Lawrence-Douglas County Metropolitan Planning Commission conducted a public hearing regarding a proposed amendment of Horizon 2020, the Comprehensive Plan for the City of Lawrence and Unincorporated Douglas County, as set forth in Planning Staff Report, CPA-18-00365, that would amend “Chapter 14 - Specific Plans,” to revise therein the Southeast Area Plan;
WHEREAS, on November 14, 2018, the Lawrence-Douglas County Metropolitan Planning Commission adopted Resolution No. PCR-18-00552, recommending to the Governing Bodies of the City of Lawrence, Kansas, and Douglas County, Kansas, that they amend Horizon 2020, the Comprehensive Plan for the City of Lawrence and Unincorporated Douglas County, as set forth in Planning Staff Report, CPA-18-00356, which would amend “Chapter 14 - Specific Plans,” to revise therein the Southeast Area Plan; and
WHEREAS, a certified copy of the amendment to Horizon 2020, the Comprehensive Plan for the City of Lawrence and Unincorporated Douglas County, as set forth in Planning Staff Report CPA-18-00365 and as adopted by the Lawrence-Douglas County Metropolitan Planning Commission in Resolution No. PCR-18-00552, together with a written summary of the public hearings held on November 14, 2018, as well as the Planning Commission's recommendation, have been forwarded to the Governing Bodies of the City of Lawrence, Kansas, and Douglas County, Kansas.
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-stated recitals are adopted and incorporated herein by reference and shall be as effective as if set forth in full.
SECTION 2. The Governing Bodies of the City of Lawrence, Kansas, and Douglas County, Kansas, hereby find that the provisions of K.S.A. 12-743 and K.S.A. 12-747, governing the amendment of comprehensive plans, have been fully met regarding the consideration, approval, and adoption of the “Horizon 2020, the Comprehensive Plan for the City of Lawrence and Unincorporated Douglas County, December 2018 Edition”, which would amend “Chapter 14 - Specific Plans,” to revise therein the Southeast Area Plan.
SECTION 3. The Governing Bodies of the City of Lawrence, Kansas, and Douglas County, Kansas, hereby approve the recommendation of the Lawrence-Douglas County Metropolitan Planning Commission as memorialized at Resolution No. PCR-18-00552, and hereby amend "Chapter 14 - Specific Plans, Southeast Area Plan," of Horizon 2020, the Comprehensive Plan for the City of Lawrence and Unincorporated Douglas County, by adopting “Horizon 2020, the Comprehensive Plan for the City of Lawrence and Unincorporated Douglas County, December 2018 Edition” and by incorporating, by reference, that document into Horizon 2020, the Comprehensive Plan for the City of Lawrence and Unincorporated Douglas County.
SECTION 4: “Horizon 2020, the Comprehensive Plan for the City of Lawrence and Unincorporated Douglas County, December 2018 Edition” as approved by Section 3, supra, is hereby adopted and incorporated herein by reference as if set forth in full. One copy of said “Horizon 2020, the Comprehensive Plan for the City of Lawrence and Unincorporated Douglas County, December 2018 Edition” shall be marked or stamped as “Official Copy as Adopted by Joint Ordinance No. 9613 and Resolution No. ____” and shall be filed, together with a copy of this joint ordinance and resolution, with the City Clerk. The City Clerk shall make the “Official Copy as Adopted by Joint Ordinance No. 9613 and Resolution No. ____” open to the public and available for inspection at all reasonable office hours. One additional copy of the “Official Copy as Adopted by Joint Ordinance No. 9613 and Resolution No. ____” shall, at the cost of the City of Lawrence, Kansas, be made available to the Lawrence-Douglas County Metropolitan Planning Office of the City of Lawrence, Kansas.
SECTION 5: “Horizon 2020, the Comprehensive Plan for the City of Lawrence and Unincorporated Douglas County, December 2018 Edition,” adopted by this joint ordinance and resolution, replaces existing "Chapter 14 - Specific Plans, Southeast Area Plan" of Horizon 2020, the Comprehensive Plan for the City of Lawrence and Unincorporated Douglas County, and amendments thereto, it being the intent of the Governing Bodies of the City of Lawrence, Kansas, and Douglas County, Kansas, that “Horizon 2020, the Comprehensive Plan for the City of Lawrence and Unincorporated Douglas County, December 2018 Edition” repeal and supersede the same.
SECTION 6: If any section, sentence, clause, 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 take effect and be in force after its passage and publication as provided by law.
PASSED by the Governing Body of the City of Lawrence, Kansas, this ____ day of __________, 201_.
APPROVED:
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Stuart Boley
Mayor
ATTEST:
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Sherri Riedemann
City Clerk
APPROVED AS TO FORM:
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Toni R. Wheeler
City Attorney
ADOPTED by the Board of County Commissioners of Douglas County, Kansas, this ____ day of December, 2018.
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Nancy Thellman
Chair
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Michelle Derusseau
Commissioner
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Mike Gaughan
Commissioner
ATTEST:
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Jameson D. Shew
County Clerk