Z-06-20-03

 

 

                                                ORDINANCE NO. 7757

 

AN ORDINANCE PROVIDING FOR THE REZONING OF APPROXIMATELY 25.214 ACRES FROM A (AGRICULTURAL) DISTRICT TO PRD-2 (PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT, AS HEREINAFTER SET FORTH, AND AMENDING THE ZONING DISTRICTS MAP INCORPORATED BY REFERENCE IN CHAPTER 20, ARTICLE 5, SECTION 501, OF THE “CODE OF THE CITY OF LAWRENCE, KANSAS, 2003,” AND AMENDMENTS THERETO.

 

WHEREAS, after due and lawful notice and hearing, the Lawrence-Douglas County Metropolitan Planning Commission on February 25, 2004, recommended denial of the rezoning classification from A (Agricultural) District to PRD-2 (Planned Residential Development) District (with restrictions) for the tract of land described in Section II of this ordinance all within the City of Lawrence, Douglas County, Kansas.

 

WHEREAS, after due and lawful notice the recommendation for zoning denial came on for hearing before the governing body of the City of Lawrence, Douglas County, Kansas on March 16, 2004, and after due consideration and deliberation the zoning change was approved, subject to the below-listed condition:

 

  1. No building permit will be issued until the intersection of Champion Lane and West 6th Street is substantially completed.

 

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

 

SECTION I.  The above-stated recitals are by reference incorporated herein, and shall be as effective as if repeated verbatim.  The governing body hereby adopts the findings of fact, as set forth in the staff report for this rezoning, as if fully set forth herein.

 

 

SECTION II.  That the zoning district classification for the following described tract of land situated in the City of Lawrence, Douglas County, Kansas, to-wit:

 

                   A tract of land in the Southeast (SE ¼) of Section 28, Township 12 South, Range 19 East of the Sixth Principal Meridian and more particularly described as follows:

 

          Commencing at the Southeast corner of the Southeast Quarter (SE ¼) of Section 28, Township 12 South, Range 19 East, of the Sixth Principal Meridian; thence South 88°11’38” West, on the South Line of said Southeast Quarter (SE ¼) Section 28, a distance of 40.00 feet; thence North 01°47’22” West, a distance of 50.00 feet to the intersection of the North Right-of-way line of Sixth Street (U.S. Highway 40) and the West Right-of-way line of Folks Road for a Point of Beginning; thence North 01°47’22” West, on the West Right-of-way line of Folks Road, a distance of 654.06 feet to the South Right-of-way line of Overland Drive; thence South 88°11’38” West, on the South Right-of-way line of Overland Drive, a distance of 59.99 feet; thence on a 340.00 feet radius curve to the right, on the South Right-of-way line of Overland Drive, an arc length of 228.92 feet with a chord bearing North 72°31’03” West, a distance of 224.62 feet;  thence on a 260.00 feet radius curve to the left, on the South Right-of-way line of Overland Drive, an arc length of 175.06 feet with a chord bearing North 72°31’03” West, a distance of 171.77 feet; thence South 88°11’38” West, on the South Right-of-way line of Overland Drive, a distance of 1007.83 feet to the intersection of the South Right-of-way line of Overland Drive and the East Right-of-way line of Champion Lane; thence South 01°48’22” East, on the East Right-of-way line of Champion Lane, a distance of  785.00 feet to the North Right-of-way line of Sixth Street (U.S. Highway 40); thence North 88°11’38” East, on  the North Right-of-way line of Sixth Street (U.S. Highway 40), a distance of  1441.76 feet, to the Point of Beginning, containing 25.214 Acres more or less all in the city of Lawrence, Douglas County, Kansas. The above described tract subject to Rights-of-way, Easements and Restrictions of Record.

 

be and the same is hereby changed from that of A (Agricultural) District to PRD-2 (Planned Residential Development) District as such district is defined and prescribed in Chapter 20 of the “Code of the City of Lawrence, Kansas, 2003,” and amendments thereto, subject to the above stated condition.

 

SECTION III.  That the Zoning Districts Map incorporated by reference in and by Chapter 20, Article 5, Section 501, of the “Code of the City of Lawrence, Kansas, 2003,” be and the same is hereby amended by showing and reflecting thereon the new zoning district classification for the aforesaid tract, as set forth in Section II of this ordinance.

 

SECTION IV.  This ordinance shall be in full force and effect from and after its passage and publication as provided by law.

 

PASSED by the Governing Body of the City of Lawrence, Kansas, the ______ day of _____________, 2004.

 

APPROVED:

 

 

___________________________________

DAVID M. DUNFIELD, Mayor

ATTEST:

 

 

__________________________________

Frank S. Reeb, City Clerk

 

APPROVED AS TO FORM AND LEGALITY:            LEGAL DESCRIPTION VERIFIED:

 

 

___________________________________           ___________________________________

David L. Corliss                            Date             David R. Guntert, Planner                Date

Asst. City Manager/Director of Legal Services