ORDINANCE NO. 9654

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING HORIZON 2020, THE COMPREHENSIVE PLAN FOR THE CITY OF LAWRENCE AND UNINCORPORATED DOUGLAS COUNTY, CHAPTER 6 – Commercial land use, 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 February 27, 2012, 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-11-8-11, amending Chapter 6 – Commercial Land Use;

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-11-8-11 together with a written summary of the public hearings held on February 27, 2012, and the Planning Commission's recommendation, have been forwarded to the Governing Body;

WHEREAS, at its May 1, 2012, public meeting, the Governing Body considered the proposed amendments to Horizon 2020, the Comprehensive Plan for the City of Lawrence and Unincorporated Douglas County, and the recommendation of the Lawrence-Douglas County Metropolitan Planning Commission and approved it, but no ordinance was passed at that time;

WHEREAS, at its March 5, 2019, public meeting, the Governing Body reconsidered the proposed amendments to Horizon 2020, the Comprehensive Plan for the City of Lawrence and Unincorporated Douglas County, and the recommendation of the Lawrence-Douglas County Metropolitan Planning Commission and ratified its prior approval; and

WHEREAS, at its April 2, 2019, public meeting, the Governing Body considered the present ordinance.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1. The above-stated recitals are incorporated herein by reference and shall be as effective as if set forth in full.

SECTION 2. Pursuant to K.S.A. 12-747, the Governing Body hereby approves the recommendation of the Lawrence-Douglas County Metropolitan Planning Commission and, in accordance with those amendments, as set forth in CPA-11-8-11, Horizon 2020, the Comprehensive Plan for the City of Lawrence and Unincorporated Douglas County, and amendments thereto, is amended as follows:

There is hereby adopted and incorporated herein by reference, as if fully set forth herein, for the purpose of amending Horizon 2020, the Comprehensive Plan for the City of Lawrence and Unincorporated Douglas County, “Chapter 6 – Commercial Land Use, April 9, 2019, Edition,” as prepared and published by the Lawrence-Douglas County Metropolitan Planning Office of the City of Lawrence, Kansas.

SECTION 3: One copy of "Chapter 6 – Commercial Land Use, April 9, 2019, Edition," shall be marked “Official Copy as Adopted by Ordinance No. 9654” and shall be filed, together with one copy of this ordinance, with the City Clerk. The City Clerk shall make the “Official Copy as Adopted by Ordinance No. 9654” open to the public and available for inspection at all reasonable office hours. One additional copy of the “Official Copy as Adopted by Ordinance No. 9654” 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 4: Existing Chapter 6 – Commercial Land Use of Horizon 2020, the Comprehensive Plan for the City of Lawrence and Unincorporated Douglas County, is hereby repealed, it being the intent of the Governing Body that this ordinance, adopting and incorporating herein by reference "Chapter 6 – Commercial Land Use, April 9, 2019, Edition," supersede those provisions of the comprehensive plan.

SECTION 5: If any section, sentence, clause, or phrase of this ordinance 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 ordinance.

SECTION 6: This ordinance 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 April, 2019.

APPROVED:

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Lisa Larsen

Mayor

ATTEST:

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Sherri Riedemann

City Clerk

APPROVED AS TO FORM:   

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Toni R. Wheeler

City Attorney