Z-03-18-05

 

 

ORDINANCE NO. 7887

 

AN ORDINANCE PROVIDING FOR THE REZONING OF .19 ACRE FROM C-5 (LIMITED COMMERCIAL) 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 April 25, 2005, 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 (Commercial) 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 May 17, 2005, and after due consideration and deliberation the recommended zoning change was approved, subject to recording of a final plat prior to publication of the rezoning ordinance; and, the 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:

 

A TRACT OF LAND LOCATED IN LOT 1, WAL-MART ADDITION NO. 2 MORE PARTICULARLY DESCRIBED AS FOLLOWS:

 

BEGINNING AT A SOUTHWESTERLY CORNER OF SAID LOT 1, BEING A NORTHEASTERLY CORNER OF LOT 3 IN SAID WAL-MART ADDITION NO. 2; THENCE ALONG A WESTERLY LINE OF SAID LOT 1 AND AN EASTERLY LINE OF SAID LOT 3, S 2°15’15” E, 114.69 FEET TO A SOUTHWESTERLY CORNER OF SAID LOT 1 AND A NORTHEASTERLY CORNER OF SAID LOT 3; THENCE ALONG A SOUTHERLY LINE OF SAID LOT 1 AND A NORTHERLY LINE OF SAID LOT 3, N 87°44’45”E, 76.24 FEET; THENCE N 2°15’15” W, 105.66 FEET; THENCE N 85°30’11” W, 76.77 FEET TO THE POINT OF BEGINNING, CONTAINING 8,400 SQUARE FEET.

 

be and the same is hereby changed from that of C-5 (Limited Commercial) 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, provided that the use restrictions set forth in Appendix A, which is hereby incorporated by reference, shall apply to the above described property.

 

 

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:

 

___________________________________

DENNIS HIGHBERGER, 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 PCD-2 District include the following Use Groups and allowed uses:

 

1.                  All of those permitted uses under Use Group 7 in Section 20-709.5 of the March 1, 2001 Revision to the Code of the City of Lawrence, Kansas, and any additional permitted uses under any later amendments or modifications to this section.

 

2.                  All of those permitted uses under Use Group 9 in Section 20-709.7 of the March 1, 2001 Revision to the Code of the City of Lawrence, Kansas, and any additional permitted uses under any later amendments or modifications to this section.

 

3.                  All of those permitted uses under Use Group 11 in Section 20-709.9 of the March 1, 2001 Revision 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.

 

4.                  All of those permitted uses under Use Group 12 in Section 20-709.10 of the March 1, 2001 Revision 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.

 

5.                  All of those permitted uses under Use Group 13 in Section 20-709.11 of the March 1, 2001 Revision 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.

 

6.                  All of those permitted uses under Use Group 14 in Section 20-709.12 of the March 1, 2001 Revision 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.

 

7.                  All of those permitted uses under Use Group 15 in Section 20-709.13 of the March 1, 2001 Revision 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.