Z-08-25-03

 

 

ORDINANCE NO. 7709

 

AN ORDINANCE PROVIDING FOR THE REZONING OF APPROXIMATELY 1.0181 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 September 24, 2003, conditionally 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 A (Agricultural) District to PRD-2 (Planned Residential 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 October 14, 2003, and after due consideration and deliberation the recommended zoning change was approved, subject to the following conditions:

1)         Approval of a revised preliminary development plan for Oakley Court Planned Residential Development to include this property;

2)         Density shall be limited to no more than four (4) dwelling units;

3)         Use shall be limited to single-family detached housing;

4)         Lots shall be at least 5,000 square feet; and,

5)         Height of the structures shall not exceed that of the single-family development to the west.

 

WHEREAS, after due and lawful notice and hearing, the Lawrence-Douglas County Metropolitan Planning Commission on July 28, 2004 approved a revised preliminary development plan for Oakley Court Planned Residential Development that includes said property; and, the governing body followed suite by approving the revised preliminary development plan on August 24, 2004.

 

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.

 

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 EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE 6TH P.M. IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, DESCRIBED AS FOLLOWS:

 

COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 00º09’57” WEST, ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 1056.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00º09’57” WEST, ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 268.72 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID NORTHEAST QUARTER; THENCE SOUTH 89º57’10” WEST, ALONG THE SOUTH LINE OF SAID EAST HALF, A DISTANCE OF 165.00 FEET; THENCE NORTH 00º09’57” WEST, ALONG A LINE PARALLEL WITH THE EAST LINE OF SAID EAST HALF, A DISTANCE  OF 268.86 FEET TO A POINT 1,056.00 FEET SOUTH OF THE NORTH LINE OF SAID NORTHEAST QUARTER; THENCE NORTH 90º00’00” EAST, A DISTANCE OF 166.56 FEET TO THE POINT OF BEGINNING, CONTAINING 44,350.00 SQUARE FEET OR 1.0181 ACRES MORE OR LESS.

 

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.

 

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