Z-08-38-04

                                                ORDINANCE NO. 7873

AN ORDINANCE PROVIDING FOR THE REZONING OF APPROXIMATELY 8.018 ACRES FROM RS-2 (SINGLE-FAMILY RESIDENTIAL) DISTRICT TO PRD-1 (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 October 27, 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 RS-2 (Single-Family Residential) District to PRD-1 (Planned Residential Development) District, subject to the conditions of a final plat being approved and recorded at the Register of Deeds Office; and, approval of a preliminary development plan before publication of the ordinance.

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 November 16, 2004, and after due consideration and deliberation the recommended zoning change 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 tract of land situated in the City of Lawrence, Douglas County, Kansas, to-wit:

A TRACT OF LAND IN THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 13 SOUTH, RANGE 20 EAST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 02°22’03” EAST, ALONG THE EAST LINE OF SAID QUARTER SECTION, 346.65 FEET TO THE NORTHEAST CORNER OF THAT TRACT DESCRIBED IN BOOK 377, PAGE 1002, DOUGLAS COUNTY REGISTER OF DEEDS; THENCE SOUTH 88°31’09” WEST, ALONG THE NORTH LINE OF SAID TRACT, 330.04 FEET TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 02°25’32” EAST, ALONG THE WEST LINE OF SAID TRACT, 132.04 FEET TO THE SOUTHWEST CORNER THEREOF; SAID POINT BEING ON THE NORTH LINE OF THAT TRACT DESCRIBED IN BOOK 954, PAGE 934, DOUGLAS COUNTY REGISTER OF DEEDS; THENCE SOUTH 88°25’21” WEST, ALONG THE NORTH LINE OF SAID TRACT, 165.01 FEET TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 02°20’48” EAST, ALONG THE WEST LINE OF SAID TRACT, 191.47 FEET TO THE NORTH LINE OF BLOCK 1, HOMEWOOD GARDENS SUBURBAN ADDITION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS; THENCE SOUTH 87°47’49” WEST, ALONG SAID NORTH LINE, 284.26 FEET TO THE CENTERLINE OF THE ABANDONED AT&SF RAILWAY COMPANY RIGHT-OF-WAY; THENCE ALONG SAID CENTERLINE ON AN 11,459.16 FOOT RADIUS CURVE TO THE RIGHT WITH A 149.42 FOOT CHORD BEARING NORTH 06°12’20” EAST, AN ARC DISTANCE OF 149.42 FEET, THENCE NORTH 06°34’45” EAST, ALONG SAID CENTERLINE, 530.80 FEET TO THE NORTH LINE OF SAID QUARTER SECTION; THENCE NORTH 88°29’36” EAST, ALONG SAID NORTH LINE, 674.45 FEET TO THE POINT OF BEGINNING.  CONTAINS 8.018 ACRES, MORE OR LESS.

be and the same are hereby changed from that of RS-2 (Single-Family Residential) District to PRD-1 (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 _____________, 2005.

APPROVED:

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DENNIS HIGHBERGER, 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