Z-09-43-04

ORDINANCE NO. 7947

AN ORDINANCE PROVIDING FOR THE REZONING OF 36.901 ACRES FROM RS-2 (SINGLE-FAMILY RESIDENCE) 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 Residence) District to PRD-1 (Planned Residential Development) District, subject to the following conditions:

1. Approval of a preliminary development plan prior to publication of the rezoning ordinance; and,

2. Recording of a final plat prior to publication of the rezoning ordinance.

WHEREAS, the zoning recommendation came before the governing body of the City of Lawrence, Kansas on November 16, 2004, and after due consideration and deliberation the recommended zoning change was authorized.

WHEREAS, a preliminary development plan for the tract of land described in Section II of this ordinance was approved by the City Commission on April 5, 2005 and final plats of said tract of land were recorded at the Register of Deeds Office on November 29, 2005.

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 SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:

FINAL PLAT OF HUTTON FARMS WEST NO. 1; AND, FINAL PLAT OF HUTTON FARMS WEST NO. 2; BOTH PLATS BEING IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.  CONTAINING 36.901 ACRES, MORE OR LESS.

be and the same is hereby changed from that of RS-2 (Single-Family Residence) 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:

___________________________________

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