Z-02-06-04

                                                ORDINANCE NO. 7794

AN ORDINANCE PROVIDING FOR THE REZONING OF APPROXIMATELY 11.5587 ACRES FROM B-3 (LIMITED BUSINESS) DISTRICT TO PCD-2 (PLANNED COMMERCIAL 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 April 28, 2004, recommended that the zoning classification for the tract of land described in Section II of this ordinance all within the City of Lawrence, Douglas County, Kansas, be changed from B-3 (Limited Business) District to PCD-2 (Planned Commercial Development) District.

WHEREAS, after due and lawful notice the zoning recommendation came on for hearing before the governing body of the City of Lawrence, Douglas County, Kansas on May 25, 2004, and after due consideration and deliberation the recommended zoning change was conditionally approved, subject to use restrictions identified in Exhibit “A” attached.

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

SECTION I.  The above stated recitals and Exhibit “A” are by reference incorporated herein, and shall be as effective as if repeated verbatim.

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 PART OF LOT 1 IN LAKE ESTATES SUBDIVISION NO. 7 AND AN UNPLATTED TRACT OF LAND IN THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 13 SOUTH, RANGE 19 EAST OF THE 6^TH PRINCIPAL MERIDIAN IN DOUGLAS COUNTY, KANSAS MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 87º58'15" WEST, ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 971.52 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 87º58'15" WEST, ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 769.70 FEET; THENCE NORTH 02º01'45" WEST A DISTANCE OF 510.60 FEET TO AN ANGLE POINT IN THE SOUTH LINE OF SAID LOT 1; THENCE NORTH 24º05'45" EAST A DISTANCE OF 342.89 FEET; THENCE ALONG A CURVE TO THE LEFT 43.96 FEET, SAID CURVE HAS A RADIUS OF 335.00 FEET AND A CHORD WHICH BEARS SOUTH 62º08'43" EAST A DISTANCE OF 43.92 FEET; THENCE SOUTH 65º54'15" EAST A DISTANCE OF 437.86 FEET; THENCE ALONG A CURVE TO THE RIGHT A DISTANCE OF 373.39 FEET, SAID CURVE HAS A RADIUS OF 335.00 FEET AND THE CHORD WHICH BEARS SOUTH 33º58'25" EAST A DISTANCE OF 354.36 FEET; THENCE SOUTH 02º02'34" EAST A DISTANCE OF 53.22 FEET TO THE SOUTH LINE OF SAID LOT 1; THENCE SOUTH 02º01'45" EAST A DISTANCE OF 249.84 FEET TO THE POINT OF BEGINNING CONTAINING 503,498 SQUARE FEET OR 11.5587 ACRES, MORE OR LESS.

be and the same are hereby changed from that of B-3 (Limited Business) District to PCD-2 (Planned Commercial 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, and further subject to only those uses set forth in Exhibit “A.”

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:

___________________________________

MIKE RUNDLE, 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

EXHIBIT “A”

ZONING DISTRICTS						PERMITTED USE GROUPS
CP	C1	C2	C3	C4	C5
S	S	S		S	S	USE GROUP 1.  AGRICULTURE - ANIMAL HUSBANDRY as set forth in Section 20-610.1, subject to "Special Conditions" reference set forth therein.
P	P	P	P	P	P	USE GROUP 2.  AGRICULTURE - FIELD CROPS as set forth in Section 20-610.2.
	P					USE GROUP 3.  RESIDENTIAL - SINGLE-FAMILY DETACHED as set forth in Section 20-610.3.
	S	S	S		S	USE GROUP 4.  RESIDENTIAL - MULTI-FAMILY as set forth in Section 20-610.5.
		S	S		S	USE GROUP 5.  RESIDENTIAL - DORMITORY as set forth in Section 20-610.6.
		S	S	S	S	USE GROUP 7.  COMMUNITY FACILITIES & UTILITIES-RESIDENTIAL as set forth in Section 20-610.8, subject to "Special Conditions" reference set forth therein.
S	S	S	S	S	S	USE GROUP 8.  TEMPORARY USES as set forth in Section 20-610.9, subject to "Special Conditions" reference set forth therein.
		S	S	S	S	USE GROUP 9.  PROFESSIONAL OFFICES as set forth in Section 20-610.10, subject to "Special Conditions" reference set forth therein.
S	S	S	S	S	S	USE GROUP 10.  OFF-STREET PARKING.  Off-street parking areas and accessory uses for customer parking or parking for a fee. 1.   Off-Street Parking Off-street parking lot, fee or customer
	S	S	S	S	S	USE GROUP 11.  INNER NEIGHBORHOOD COMMERCIAL USES.  These uses are limited in development, intensity and traffic-generating capacity to uses which are compatible with established residential neighborhoods. 1.          Bicycle sales, rental or repair Book store, new or used Dry cleaning outlet store Food store, not including 24 hr. convenience store Hair care establishment Laundry, self-serve          Professional Offices (excluding medical and veterinarian offices and clinics)           Quick copy center Restaurant, not including one with drive-up facilities or service to       automobiles Retail bakery Reverse vending machines (recycling) Shoe repair service Small collection facilities (recycling) Studio for professional work or for teaching of any form of fine arts i.e.        photography, music, dancing, drama, etc.  2.             Accessory Uses

ZONING DISTRICTS						PERMITTED USE GROUPS
CP	C1	C2	C3	C4	C5
		S	S	S	S	USE GROUP 12.  RETAIL STORES - PERSONAL SERVICES.  Certain types of retail stores and service establishments which: (a)         Provide for a wide variety of local consumer and transient needs, and (b)      Have a small service area and are, therefore, not distributed widely throughout the city. (1)         Retail Stores and Service Establishments Altering, pressing, repairing of wearing apparel Antique sales Appliance, furniture, home furnishings, sales, rental repair Art supply sales Automobile service stations Bank, savings & loan and trust company Barber or beauty shop Bicycle sales, rental, repair Book sales Bowling alley Camera or photographic supply sales Clothing sales Club or lodge, whose chief activity is carried on as a business Computer store; sales, service and equipment Confectionery store Department store Drug store Dry cleaning Eating place, enclosed, without dancing or entertainment and not         providing service in  automobiles Florist shop and greenhouse Food convenience store, including gasoline sales and single-bay auto wash      (Ord. 6205) Food store, including retail bakery Furrier shop, including storage of furs Garden supply sales Gift, novelty, souvenir sales Hardware store and small tool rental, but not including sales of lumber or       industrial hardware Hat blocking and repair Hobby supply sales Ice vending machine Interior decorating shop Jewelry sales and repair Laundry pick-up station Laundry, self-service only Licensed premises Liquor, wine and beer sales, for consumption off the premises Loan office Locksmith, key shop Mail order agency Music, musical instrument and phonographic record sales Newsstand Nursery stock sales Optical goods, sales Orthopedic or medical appliance sales Paint and wall paper sales Pawnshop (Ord. 5033) Photographic processing Photographic studio Post Office Quick copy or duplicating center Radio and television studio Reading room Sewing machine sales and repair Shoe repair and sales Sporting goods sales Surgical and dental supply sales Theatre, indoor commercial Variety store Video store, sale or rental of video equipment, movies and games parlor 2.        Similar Uses Other uses which (1) are similar to the listed uses in function, traffic- generating capacity, and effects on other land uses, and (2) are not included in any other use group. 3.             Accessory Uses
			S	S	S	USE GROUP 13.  AUTOMOTIVE SERVICES; RETAIL SALES; OTHER.  Primarily automotive service establishments and accessory uses, including consumer and non-consumer retail goods and services not appropriate for the neighborhood shopping district, including certain goods and services for agricultural, industrial, commercial, or institutional use. 1.          Automotive Services and Retail Sales Aircraft sales, rental, service Ambulance service Amusement park, commercial Auction room auctioneer Automobile parking garage Automobile parts store; tires & accessories Automobile repair and services Automobile sales, service, rental (new and used) Automobile service station Barber and beauty equipment sales Baseball park, commercial Blueprinting and similar reproduction processes Boat and marine sales, rental and repair Bus passenger station Business machine rental, repair, sales Car or truck wash Carnival or circus Carting, crating, express hauling, moving and storage Caterer Eating establishment, enclosed, with dancing or entertainment Eating establishment, providing only drive-up service or no seating facilities Exterminator, pest Food convenience store, including gasoline sales Food locker plant, for consumer use Free standing automated banking or dispensing facility Funeral home, mortuary, or undertaking establishment Garage or parking for common or public utility vehicles Glass sales and cutting shop Golf driving range, commercial, (pkg. requirement applies to tee area only) Golf pitch and putt courses, miniature golf course Home improvement center Hotel Laboratory, medical or dental Leather goods, sales and repair Linen supply, diaper service, uniform supply Liquids, flammable, underground storage of Lumber, limited sales Media Store (Ord. 7226) Mobile homes, sales and service Monument sales, including incidental processing Motel Motorcycle sales, service and rental Office equipment and supplies, sales and service, rental and repair Pet shop Photostatting Plumbing fixture sales Quick copy or duplicating center Recording studio School, commercial or trade, when not involving any danger of fire or      explosion, nor of offensive odor, noise, dust, glare, heat, vibration or      other objectionable factors Secretarial service Sex Shop (Ord. 7226) Sexually Oriented Media Store (Ord. 7226) Skating rink, commercial Studio for professional work or for the teaching of any form of fine arts,       photography, music, drama, etc. Swimming pool, commercial (parking requirements include pool area) Taxidermist Telephone answering service Theatre, drive-in Trailer sales and rental Transit vehicle storage and servicing Truck rental and sales 2.          Similar Uses Other business services which (1) are similar to the listed uses in function, traffic-generating capacity, and effects upon other land uses, and (2) are not included in any other use group. 3.          Manufacturing Uses Baked goods, candy, delicatessen, and ice cream, all for retail sales on the       premises only Clothing:  custom manufacturing or altering for retail, including custom       dressmaking, millinery, or tailoring 4.          Accessory Uses
			S	S		USE GROUP 14.  RETAIL - WHOLESALE SALES AND SERVICES.  Consumer and non-consumer type retail and wholesale stores and service establishments and accessory uses that serve a wide area, including the entire city and surrounding trade area. 1.          Retail - Wholesale Goods and Services Automobile body shop Blacksmith shop Building materials and lumber yards (parking requirements do not apply to       lumber sheds) Cold storage plant Contractor or construction offices and shops Dry cleaning plant, including carpet cleaning Farm equipment sales, service and repair Feed and fertilizer sales Freight depot, railroad or truck Hardware, industrial sales Ice plant Machine tools, sales, rental, repair Mini-warehouse facilities Pawnshop Sexually Oriented Cabaret (Ord. 7226) Sexually Oriented Motion Picture Theatre (Ord. 7226) Warehousing establishment Wholesaling establishment, including storage 2.          Similar Uses Other uses which (1) are similar to the listed uses in function, traffic-generating capacity, and effects on other land uses, and (2) are not included in any other use group. 3.          Accessory Uses
		S	S	S	S	USE GROUP 15.  AMUSEMENT, RECREATIONAL AND CULTURAL FACILITIES.  Uses similar in nature and traffic-generating capacities that appeal to large groups of people or that provide uses with high density (people to space) ratios whose primary intent is one of amusement or recreational pursuits or cultural enrichment. 1.          Indoor Recreational Amusement or Cultural Facilities Athletic club Auditorium Bowling alley Field house Game arcade, including video games Physical culture center and health services, including spas, gymnasiums,       reducing  salons, masseur/masseuse, or hot tubs Skating rink Swimming pool, commercial Theatre, indoor 2.          Outdoor Amusement, Recreational or Cultural Facilities Baseball park or batting cages, commercial Golf driving range or putting greens, commercial Golf, miniature or pitch and putt Marina Race track Stadium or amphitheater Swimming pool, commercial 3.          Similar Uses Other uses not specifically mentioned in this or any other use group which are similar in function and traffic-generating capacity to those specifically listed in this use group. 4.          Accessory Uses Uses which meet the requirements of the definition of accessory uses, Sections 20-2002(2) and 20-2002(3).
			S	S		USE GROUP 17.  MANUFACTURING - LOW NUISANCE.  Primarily manufacturing uses and which are of non-objectionable nature and are not harmful to nearby residential and commercial areas. THIS USE GROUP IS NOT PERMITTED IN PCD-2 DISTRICT