Z-12-53-04
ORDINANCE NO. 7860
AN ORDINANCE PROVIDING FOR THE REZONING OF 8.24 ACRES FROM M-1 (RESEARCH INDUSTRIAL) 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 February 2, 2005, recommended that the zoning classification for the tracts of land described in Section II of this ordinance all within the City of Lawrence, Douglas County, Kansas, be changed from M-1 (Research Industrial) District to PRD-2 (Planned Residential Development) District subject to certain 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 February 22, 2005, and after due consideration and deliberation the recommended zoning change was approved, subject to the conditions recommended by the Planning Commission.
WHEREAS, after due and lawful notice and hearing, the Lawrence-Douglas County Metropolitan Planning Commission on February 2, 2005, recommended approval of the Preliminary Development Plan for Bella Sera at the Preserves, subject to conditions. The governing body of the City of Lawrence, Douglas County, Kansas on February 22, 2005, received the recommendation from the Planning Commission and after due consideration and deliberation the recommended preliminary development plan was approved, subject to the conditions recommended by the Planning Commission.
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 tracts of land situated in the City of Lawrence, Douglas County, Kansas, to-wit:
LOTS 1 & 2, FINAL PLAT OF PARKVIEW 15 SUBDIVISION
be and the same are hereby changed from that of M-1 (Research Industrial) 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, subject to the following conditions:
1. There shall be a maximum of 14.2 dwelling units per net residential acre.
2. No building permit shall be used on the above described property that is not in substantial conformance with the approved preliminary development plan for Bella Sera at the Preserves.
3. No portion of the development shall exceed a maximum height of 1,035 feet elevation above mean sea level.
4. The maximum developed area of the above described property shall be no greater than 39% of the entire property. There shall be a minimum of 61% of the above described property constructed and used as common open space and/or common recreation area, pursuant to the approved Preliminary Development Plan.
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 tracts, 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:
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MIKE RUNDLE, Mayor
ATTEST:
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Frank S. Reeb, City Clerk
APPROVED AS TO FORM AND LEGALITY: LEGAL DESCRIPTION VERIFIED:
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David L. Corliss Date David R. Guntert, Planner Date
Asst. City Manager/Director of Legal Services