Z-05-20-04
ORDINANCE NO. 7815
AN ORDINANCE PROVIDING FOR THE REZONING OF APPROXIMATELY 13.959 ACRES FROM C-5 (LIMITED COMMERCIAL) DISTRICT AND PCD-2 (PLANNED COMMERCIAL DEVELOPMENT) 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 June 23, 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 C-5 (Limited Commercial) District and PCD-2 (Planned Commercial Development) District to PCD-2 (Planned Commercial Development) District, subject to conditions.
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 July 20, 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 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 NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 13 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID QUARTER SECTION; THENCE NORTH 02°01’04” WEST, ALONG THE WEST LINE OF SAID QUARTER SECTION, 616.92 FEET; THENCE NORTH 87°44’45” EAST, 594.11 FEET; THENCE SOUTH 02°15’15” EAST, 114.69 FEET; THENCE NORTH 87°44’45” EAST, 149.95 FEET TO THE EAST LINE OF LOT 7A OF A LOT SPLIT FOR LOT 7, ARMSTRONG’S SUBDIVISION NO. 1; THENCE SOUTH 02°01’04” EAST, ALONG THE EAST LINE OF SAID LOT 7A, 91.21 FEET; THENCE NORTH 87°44’02” EAST, 402.87 FEET TO THE EAST LINE OF LOT 1, ARMSTRONG’S SUBDIVISION NO. 3; THENCE SOUTH 02°15’58” EAST, ALONG SAID EAST LINE, 411.11 FEET TO THE CENTERLINE OF ARMSTRONG ROAD, SAID POINT BEING ON THE SOUTH LINE OF SAID QUARTER SECTION; THENCE SOUTH 87°44’45” WEST, ALONG SAID SOUTH LINE, 1149.19 FEET TO THE POINT OF BEGINNING. CONTAINS 13.959 ACRES, MORE OR LESS.
be and the same is hereby changed from that of C-5 (Limited Commercial) District and PCD-2 (Planned Commercial Development) 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.
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 _____________, 2005.
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”
Use restrictions to the planned commercial development:
(a) All of those permitted uses under Use Group 7 in Section 20-709.5 of the 2003 version to the Code of the City of Lawrence, Kansas, and any additional permitted uses under any later amendments or modifications to this section.
(b) All of those permitted uses under Use Group 9 in Section 20-709.7 of the 2003 version to the Code of the City of Lawrence, Kansas, and any additional permitted uses under any later amendments or modifications to this section.
(c) All of those permitted uses under Use Group 11 in Section 20-709.9 of the 2003 version to the Code of the City of Lawrence, Kansas, and any additional permitted uses under any later amendments or modifications to this section, with the exception of food stores, convenience stores, and restaurants which shall not be permitted.
(d) All of those permitted uses under Use Group 12 in Section 20-709.10 of the 2003 version to the Code of the City of Lawrence, Kansas, and any additional permitted uses under any later amendments or modifications to this section, with the exception of bowling alleys; clubs or lodges; department stores; variety stores; food convenience stores; gasoline stations for sale to the public of gasoline; food stores (including retail bakeries); liquor, wine and beer sales; pawnshops; and theatres, which shall not be permitted.
(e) All of those permitted uses under Use Group 13 in Section 20-709.11 of the 2003 version to the Code of the City of Lawrence, Kansas, and any additional permitted uses under any later amendments or modifications to this section, with the exception of commercial amusements parks; commercial baseball parks; carnivals or circuses; eating establishments with dancing or entertainment; eating establishments providing only drive-up service or no seating facilities; food convenience stores, including gasoline sales; food locker plant for consumer use; commercial golf driving range; golf pitch and putt or miniature golf course; sex shop; sexually oriented media store; commercial skating rink and drive-in theatre, which shall not be permitted.
(f) All of those permitted uses under Use Group 14 in Section 20-709.12 of the 2003 version to the Code of the City of Lawrence, Kansas, and any additional permitted uses under any later amendments or modifications to this section, with the exception of pawnshops, sexually oriented cabarets, and sexually oriented motion picture theatres, which shall not be permitted.
(g) All of those permitted uses under Use Group 15 in Section 20-709.13 of the 2003 version to the Code of the City of Lawrence, Kansas, and any additional permitted uses under any later amendments or modifications to this section, with the exception of a bowling alley; game arcade, including video games; a theatre; and outdoor amusement, recreational or cultural facilities.