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.