Z-06-18-03
ORDINANCE NO. 7755
AN ORDINANCE PROVIDING FOR THE REZONING OF APPROXIMATELY 19.199 ACRES FROM PCD-2 (PLANNED COMMERCIAL DEVELOPMENT) DISTRICT (WITH RESTRICTIONS) TO PCD-2 (PLANNED COMMERCIAL DEVELOPMENT) DISTRICT (WITH RESTRICTIONS), 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 25, 2004, failed to recommend approval of the zoning classification from PCD-2 (Planned Commercial Development) District (with restrictions) to PCD-2 (Planned Commercial Development) District (with restrictions) for the tract of land described in Section II of this ordinance all within the City of Lawrence, Douglas County, Kansas.
WHEREAS, after due and lawful notice the failure to recommend the rezoning came on for hearing before the governing body of the City of Lawrence, Douglas County, Kansas on March 16, 2004, and after due consideration and deliberation the zoning change was approved, subject to the below-listed conditions and use restrictions listed in Attachment 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. The governing body hereby adopts the findings of fact, as set forth in the staff report for this rezoning, as if fully set forth herein.
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 SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH P.M. IN DOUGLAS COUNTY KANSAS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 88°12’21” WEST, ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1185.31 FEET TO THE CENTER OF PROPOSED CONGRESSIONAL DRIVE; THENCE NORTH 01°55’21” WEST, ALONG THE CENTER OF PROPOSED CONGRESSIONAL DRIVE, 850.11 FEET; THENCE NORTH 88°12’21” EAST, 690.17 FEET; THENCE SOUTH 54°17’03” EAST, 53.29 FEET; THENCE SOUTH 01°47’38” EAST, 344.49 FEET; THENCE NORTH 88°04’39” EAST, 453.72 FEET TO THE EAST LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH 01°55’21” EAST, 474.18 FEET TO THE POINT OF BEGINNING, CONTAINING 19.1993 ACRES OR 836,322 SQUARE FEET, MORE OR LESS, AND IS SUBJECT TO ANY EASEMENTS, COVENANTS AND RESTRICTIONS OF RECORD, IF ANY.
be and the same is hereby changed from that of PCD-2 (Planned Commercial Development) District (with restrictions), to PCD-2 (Planned Commercial Development) District (with restrictions) 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 above stated conditions and restricted to the uses listed in Attachment A set forth herein.
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 _____________, 2004.
APPROVED:
___________________________________
DAVID M. DUNFIELD, 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
|
|
ZONING DISTRICTS |
PERMITTED USE GROUPS |
Parking Group |
Special Cond. |
||||
|
|
RO-1, 1A, 1B |
RO-2 |
RS |
RM |
RD |
|||
|
20-610.8 |
S |
S |
S |
S |
S |
USE GROUP 7. COMMUNITY FACILITIES - PUBLIC UTILITIES (a) may appropriately be located in residential areas to provide education, recreation, health, and other essential services and, (b) do not create significant objectionable influences in residential areas.
1. Community Facilities Adaptive reuse of properties listed as a landmark on the Lawrence, State or National Registers of Historic Places or included in the Lawrence or National Register of Historic Districts Art gallery or museum Cemetery, columbarium, or mausoleum Child care center Child care home - occupant primary provider Child care home - non-occupant primary provider Church or other place of worship, including student center Club or lodge, private, except those whose chief activity is carried on as a business Communication Towers Community building, public Golf course, but not including commercially operated driving range, pitch and putt course or miniature golf course Halfway house or service-oriented rehabilitation center or residence Health center, government operated Hospital, general, not including animal Institution for children and aged, nonprofit Library or museum: public or private, open to public without charge Monastery, convent or similar institution of religious training Mortuary, funeral parlor, or undertaking establishment Nursing home or rest home Parish house, nunnery, rectory, etc. Park, playground, or playfield, public Private recreation facility (exclusive of family swimming pools and swimming pools that are accessory uses to hotels, motels and apartments) Rehabilitation center for persons with disabilities Sanitarium School, public, parochial, or private, non-profit: (a) Grades nine and below including kindergarten (b) Grades ten and above Studio for professional work or for teaching of any form of fine arts e.g. photography, music, dancing, drama, etc. Swimming pool, accessory Theatre, live (if indoors) 2. Public Utilities Electrical substation Gas regulator station Radio or television transmitter or tower Sewage disposal plant, private Telephone exchange, but not including garage, shop, or service Water filtration plant, pumping station, elevated storage or reservoir 3. Similar Uses All other uses which (1) are similar to the listed uses in function, traffic-generating capacity, and effects on other land uses and (2) are not included in any other use group. 4. Accessory Uses (Ord. 6359; Ord. 6382; Ord. 6489)
|
25
12
22 22 22 8 15
15 23
6 14 6 22 13 6 7 6 1
22 6
22 16 13
7
22
22 22 |
1428
1608/1451
1427 1408 1424/1608 1424 1424/1608 1409 1608/1410/ 1448 14B02/1608 1427 1416
1608/1448 1608/1448 1608 1608 1427 1409
1608
1441/1608/ 1448
1608/1448 1608
1608/1457
1437 1608/1448
1608 1608 14B02/1608 1608 1608 1608 |
|
20-610.10 |
S |
S |
|
|
|
USE GROUP 9. PROFESSIONAL OFFICES. Offices for medical, professional and governmental purposes and accessory use, not including retail sales to the public, that are of a nature that may be located adjacent to or combined with residential uses without harmful effects to said residential uses. 1. Medical and Related Offices Chiropody, chiropractic, dental, electrology, medical, optical, optometric, osteopathic, including a clinic 2. Ambulatory (Outpatient) Surgery Center 3. Professional and Governmental Offices Accounting, architecture, engineering, governmental, insurance sales, law, real estate and sales and brokerage, motion picture studios (enclosed) 4. Veterinarian Office and incidental boarding, with no open kennel or yard where animals are confined or exercised 5. Financial Institutions 6. Studio for professional work or for teaching of any form of fine arts e.g. photography, music, dancing, drama, etc. 7. Other Offices All other offices which (1) are similar to the listed uses in function, traffic-generating capacity, effects on other land uses, and (2) are not included in any other use group. 8. Accessory Uses. (Ord. 6287; Ord. 6770; Ord. 7047 rev.)
|
11
27 13
14
12 13 |
1428
1458
1403
1608/1457 |
|
|
Zoning District |
PERMITTED USE GROUPS |
Parking Group |
Special Cond. |
|
|
O-1 |
|||
|
20-7A04.3 |
S |
USE GROUP 9A. LIMITED SERVICES. These uses are limited in development, intensity and traffic-generating capacity to uses which are compatible with established residential neighborhoods.
1. Bank, savings & loan, and trust company Dry cleaning outlet store Freestanding automated banking or dispensing facility Funeral home, mortuary or undertaking establishment Laboratory, medical or dental Loan office Personnel services Photographic studio Post Office branch facility Professional cleaning services Radio and television studio Recording studio School, commercial or trade, when not involving any danger of fire or explosion, nor of offensive odor, noise, dust, glare, heat, vibration or other objectionable factors Secretarial service Studio for professional work or for teaching of any form of fine arts i.e. photograph, music, dancing, drama, etc. Telephone answering service
2. Accessory Uses
|
12 12
7 16 13 13 12 12 13 12 16 16
13 13
12 |
1428
|
|
|
ZONING DISTRICTS |
PERMITTED USE GROUPS |
Parking Group |
Special Cond. |
||||||||
|
|
CP |
C1 |
C2 |
C3 |
C4 |
C5 |
||||||
|
20-709.9 |
|
S |
S |
S |
S |
S |
USE GROUP 11. INNER NEIGHBORHOOD COMMERCIAL USES. These uses are limited in development, intensity and traffic-generating capacity to uses which are compatible with established residential neighborhoods. 1. Bicycle sales, rental or repair Book store, new or used Dry cleaning outlet store Food store, not including 24 hr. convenience store Hair care establishment Laundry, self-serve Professional Offices (excluding medical and veterinarian offices and clinics) Quick copy center Restaurant, not including one with drive-up facilities or service to automobiles Retail bakery Reverse vending machines (recycling) Shoe repair service Small collection facilities (recycling) Studio for professional work or for teaching of any form of fine arts i.e. photography, music, dancing, drama, etc. 2. Accessory Uses (Ord. 6578; Ord. 6777)
|
13 12 12 11 11 11 13 11 26
11
12
13 |
1428/1446
1453
1450
1450 |
|||
|
20-709.10 |
|
|
S |
S |
S |
S |
USE GROUP 12. RETAIL STORES - PERSONAL SERVICES. Certain types of retail stores and service establishments which: (a) Provide for a wide variety of local consumer and transient needs, and (b) Have a small service area and are, therefore, not distributed widely throughout the city. (1) Retail Stores and Service Establishments Altering, pressing, repairing of wearing apparel Antique sales Appliance, furniture, home furnishings, sales, rental repair Art supply sales
Bank, savings & loan and trust company Barber or beauty shop Bicycle sales, rental, repair Book sales Bowling alley Camera or photographic supply sales Clothing sales
Computer store; sales, service and equipment Confectionery store Department store Drug store Dry cleaning Eating place, enclosed, without dancing or entertainment and not providing service in automobiles Florist shop and greenhouse
Food store, including retail bakery Furrier shop, including storage of furs Garden supply sales Gift, novelty, souvenir sales Hardware store and small tool rental, but not including sales of lumber or industrial hardware Hat blocking and repair Hobby supply sales
Interior decorating shop Jewelry sales and repair Laundry pick-up station Laundry, self-service only
Locksmith, key shop Mail order agency Music, musical instrument and phonographic record sales Newsstand Nursery stock sales Optical goods, sales Orthopedic or medical appliance sales Paint and wall paper sales
Photographic processing Photographic studio Post Office Quick copy or duplicating center Radio and television studio Reading room Sewing machine sales and repair Shoe repair and sales Sporting goods sales Surgical and dental supply sales Theatre, indoor commercial
Video store, sale or rental of video equipment, movies and games parlor
|
12 13 13 12
12 11 13 12 10 12 15
12 12 12 11 12 26
12
11 13 13 12 12
13 12
12 12 12 11
12 12 13 11 13 13 12 13
15 12 12 11 12 12 12 12 12 12 9
12
|
1428
1453
|
|||
|
|
|
|
|
|
|
|
2. Similar Uses Other uses which (1) are similar to the listed uses in function, traffic- generating capacity, and effects on other land uses, and (2) are not included in any other use group. 3. Accessory Uses (Ord. 6578)
|
|
|
|||
|
20-709.11 |
|
|
|
S |
S |
S |
USE GROUP 13. AUTOMOTIVE SERVICES; RETAIL SALES; OTHER. Primarily automotive service establishments and accessory uses, including consumer and non-consumer retail goods and services not appropriate for the neighborhood shopping district, including certain goods and services for agricultural, industrial, commercial, or institutional use. 1.
Ambulance service
Auction room auctioneer Automobile parking garage Automobile parts store; tires & accessories
Barber and beauty equipment sales Baseball park, commercial Blueprinting and similar reproduction processes
Business machine rental, repair, sales
Caterer Eating establishment, enclosed, with dancing or entertainment
Exterminator, pest
Food locker plant, for consumer use Free standing automated banking or dispensing facility Funeral home, mortuary, or undertaking establishment Garage or parking for common or public utility vehicles Glass sales and cutting shop Golf driving range, commercial, (pkg. requirement applies to tee area only) Golf pitch and putt courses, miniature golf course
Laboratory, medical or dental Leather goods, sales and repair Linen supply, diaper service, uniform supply
Lumber, limited sales Media Store (Ord. 7226)
Monument sales, including incidental processing
Office equipment and supplies, sales and service, rental and repair Pet shop Photostatting Plumbing fixture sales Quick copy or duplicating center Recording studio School, commercial or trade, when not involving any danger of fire or explosion, nor of offensive odor, noise, dust, glare, heat, vibration or other objectionable factors Secretarial service
Skating rink, commercial Studio for professional work or for the teaching of any form of fine arts, photography, music, drama, etc. Swimming pool, commercial (parking requirements include pool area) Taxidermist Telephone answering service
2. Similar Uses Other business services which (1) are similar to the listed uses in function, traffic-generating capacity, and effects upon other land uses, and (2) are not included in any other use group. 3. Manufacturing Uses Baked goods, candy, delicatessen, and ice cream, all for retail sales on the premises only Clothing: custom manufacturing or altering for retail, including custom dressmaking, millinery, or tailoring 4. Accessory Uses (Ord. 6578)
|
21
12
16
15 7 12
13
17 14 26
15
15
7
13 18 18
16 12 17
12 12
17
13 12 12 12 11 16 16
13
12 13
11
17 16
15
15
|
1428
1453
1415
1442 1459/1460
1437
|
|||
|
20-709.12 |
|
|
|
S |
S |
|
USE GROUP 14. RETAIL - WHOLESALE SALES AND SERVICES. Consumer and non-consumer type retail and wholesale stores and service establishments and accessory uses that serve a wide area, including the entire city and surrounding trade area. 1. Retail - Wholesale Goods and Services
Blacksmith shop Building materials and lumber yards (parking requirements do not apply to lumber sheds) Cold storage plant
Dry cleaning plant, including carpet cleaning
Feed and fertilizer sales
Hardware, industrial sales Ice plant Machine tools, sales, rental, repair
2. Similar Uses Other uses which (1) are similar to the listed uses in function, traffic-generating capacity, and effects on other land uses, and (2) are not included in any other use group. 3. Accessory Uses (Ord. 6768)
|
15
15 13
17
12
15
15 22 15
12
|
1428
|
|||
|
20-709.13 |
|
|
S |
S |
S |
S |
USE GROUP 15. AMUSEMENT, RECREATIONAL AND CULTURAL FACILITIES. Uses similar in nature and traffic-generating capacities that appeal to large groups of people or that provide uses with high density (people to space) ratios whose primary intent is one of amusement or recreational pursuits or cultural enrichment. 1. Indoor Recreational Amusement or Cultural Facilities Athletic club Auditorium Bowling alley Field house Game arcade, including video games Physical culture center and health services, including spas, gymnasiums, reducing salons, masseur/masseuse, or hot tubs Skating rink Swimming pool, commercial Theatre, indoor 2. Outdoor Amusement, Recreational or Cultural Facilities Baseball park or batting cages, commercial Golf driving range or putting greens, commercial Golf, miniature or pitch and putt
Marina
Stadium or amphitheater Swimming pool, commercial 3. Similar Uses Other uses not specifically mentioned in this or any other use group which are similar in function and traffic-generating capacity to those specifically listed in this use group. 4. Accessory Uses Uses which meet the requirements of the definition of accessory uses, Sections 20-2002(2) and 20-2002(3). (Ord. 5658, Sec. IX)
|
12 7 10 7 11 11
12 11 9
7 18 18
7 11 |
1428
1426/1427
1426/1427
1415
1426/1427
|
|||