Z-08-33-04

 

 

ORDINANCE NO. 7837

 

AN ORDINANCE PROVIDING FOR THE REZONING OF APPROXIMATELY 1.33 ACRES FROM PCD-2 (WITH RESTRICTIONS) (PLANNED COMMERCIAL DEVELOPMENT) DISTRICT  TO PCD-2 (WITH NEW RESTRICTIONS) (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 September 22, 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 PCD-2 (with restrictions) (Planned Commercial Development) District to PCD-2 (with new restrictions) (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 October 12, 2004, and after due consideration and deliberation the recommended zoning change was approved, subject to use restrictions described in Appendix A.

 

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:

 

LOT 1, BLOCK ONE, COMPTON SUBDIVISION NO. 3, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

be and the same is hereby changed from that of PCD-2 (with restrictions) (Planned Commercial Development) District to PCD-2 (with new restrictions) (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.

 

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

 

 


APPENDIX A

 

Use Restrictions for the approved 6th and Monterey Development Plan include the following Use Groups and allowed uses within Phase “C-1A”:

 

USE GROUP 7. COMMUNITY FACILITIES – PUBLIC UTILITES

 

(a) May appropriately be located in residential areas to provide education, recreation, health, and other essential services, and

(b) Do not create significant objectionable influences in residential areas.

Art gallery or museum

 

Church or other place of worship, including student center

Club or lodge, private, except those whose chief Activity is carried on as a business

Health Center, government operated

Library or museum: public or private, open to public without charge

Rehabilitation center for handicapped persons

 

USE GROUP 9. PROFESSIONAL OFFICES.

 

Offices for medical, professional and governmental purposes and accessory use, not including retail sales to the public, that are of a nature hat may be located adjacent including retail sales to the public, that are of a nature that may be located adjacent to or combined with residential uses without harmful effects to said residential uses.

 

1.      Medical and Related Offices

2.      Professional and Governmental Offices

3.      Veterinarian

4.      Financial institutions

5.      Other Offices

6.      Accessory Uses

 

USE GROUP 11. INNER NEIGHBORHOOD COMMERCIAL USES.  

 

These uses are limited in development, intensity and traffic-generating capacity to uses which are compatible development, intensity and traffic-generating capacity to uses which are compatible with established residential neighborhoods.

 

Bicycle sales, rental or repair

Book store, new or used

Dry cleaning outlet store

Food store, not including 24 hour convenience store

Hair care establishment

Laundry, self-serve

Quick copy center

Restaurant, not including one with drive-up facilities or service to automobiles

Retail bakery

Shoe repair service

Studio for professional work or for teaching of any form of fine areas i.e. Photograph, music, dancing, drama, etc. (Ord. 5658, Sec. VI)

 

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 transit 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

Bank, savings and loan and trust company

Barber or beauty shop

Bicycle sales, rental, repair

Book sales

Camera or photographic supply sales

Clothing sales

Club or lodge, whose chief activity is carried on as a business

Confectionery store

Drug store

Dry cleaning

Eating place, enclosed, without dancing or entertainment and not providing service in automobiles

Florist shop and greenhouse

Furrier shop, including storage of furs

Garden supplies 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

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

Newsstand

Nursery stock sales

Optical goods, sales

Orthopedic or medical appliance sales

Paint and wall paper sales

Photographic processing

Photographic studio

Post Office

Quick copy or duplicating center Reading room

Sewing machine sales and repair

Shoe repair and sales

Sporting goods sales

Surgical and dental supply sales

 

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 (Ord. 5658, Sect. VII)

 

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.

 

Automobile Sales (new and used) within a commercial building, Phase “C-1A” only*

*Excludes automobile service and rental and excludes the outside display or storage of vehicles for sale.

Barber and beauty equipment sales

Blueprint and similar reproduction process

Business machine rental, repair, sales

Caterer

Eating establishment, enclosed, with dancing and entertainment

Free standing automated banking or dispensing facility

Laboratory, medical or dental

Leather Goods, sales and repair

Office equipment and supplies, sales and service, rental and repair

Pet shop

Photostatting

Quick copy or duplicating center

School, commercial or trade, when not involving any danger and fire or explosion, nor of offensive odor, noise, dust, glare, heat, vibration or other objectionable factors

Secretarial Service

Studio for professional work or for the teaching of any form of fine arts, photography, music, drama, etc.

Telephone answering service

 

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.

 

Athletic Club

Game arcade, including video games

Physical cultural center and health services including spas, gymnasiums, reducing salons, masseuse, or hot tubs.