Z-09-65-05
ORDINANCE NO. 7958
AN ORDINANCE PROVIDING FOR THE REZONING OF 1.53 ACRES FROM PCD-2 (WITH RESTRICTIONS) (PLANNED COMMERCIAL DEVELOPMENT) DISTRICT TO PCD-2 (WITH EXPANDED ALLOWABLE USES) (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 November 16, 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 PCD-2 (With Restrictions) (Planned Commercial Development) District to PCD-2 (With Expanded Allowable Uses) (Planned Commercial Development) District:
WHEREAS, the zoning recommendation came before the governing body of the City of Lawrence, Kansas on December 6, 2005, and after due consideration and deliberation the recommended zoning change was authorized.
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:
LOTS 1 AND 2, FINAL PLAT OF CHIP’S ADDITION, A REPLAT OF LOTS 1 & 2, RIDGE MOUNT ADDITION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS
be and the same is hereby changed from that of PCD-2 (With Restrictions) (Planned Commercial Development) District to PCD-2 (With Expanded Allowable Uses) (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 following uses are permitted (lines have been drawn through the non-permitted uses):
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USE GROUP 1. AGRICULTURAL-ANIMAL HUSBANDRY – All Uses Prohibited
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USE GROUP 2. AGRICULTURAL-FIELD CROPS – All Uses Prohibited
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USE GROUP 3. RESIDENTIAL SINGLE-FAMILY DETACHED Low density single-family detached residential uses, and accessory uses. 1. Residential Uses Single-family detached dwelling 2. Group homes of 10 or fewer individuals 3. Residential design manufactured homes 4 Accessory Uses
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USE GROUP 3A. RESIDENTIAL-DUPLEX 1. Residential Uses. Single family dwelling or duplex 2. Accessory Uses
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USE GROUP 4. RESIDENTIAL - MULTI-FAMILY. Medium and high-density multi-family residences. 1. Residential Uses Multi-family dwelling, including duplex Rooming and/or boarding house Single-family attached dwelling (row house or Townhouse) Bed & Breakfast establishment, except in the RM districts it is not permitted in RM-D and RM-1 2. Accessory Uses
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USE GROUP 5. RESIDENTIAL-DORMITORY. High-density residential uses other than those multi-family uses permitted in Use Group 4. 1. Residential Uses Apartment hotel Dormitory-type residence hall Fraternity Sorority 2. Accessory Uses
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USE GROUP 6. RESIDENTIAL - MOBILE HOME PARK – All Uses Prohibited
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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
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USE GROUP 8. TEMPORARY USES – All Uses Prohibited
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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.
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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
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USE GROUP 10. OFF-STREET PARKING. All Uses Prohibited
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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
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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
Art supply sales
Bank, savings & loan and trust company Barber or beauty shop Bicycle sales, rental, repair Book sales
Camera or photographic supply sales
Computer store; sales, service and equipment Confectionery store
Eating place, enclosed, without dancing or entertainment and not providing service in automobiles Florist shop and greenhouse Food convenience store, including gasoline sales and single-bay auto wash (Ord. 6205) Food store, including retail bakery
Garden supply sales Gift, novelty, souvenir sales
Hobby supply sales Ice vending machine
Laundry, self-service only
Liquor, wine and beer sales, for consumption off the premises Loan office Locksmith, key shop
Music, musical instrument and phonographic record sales
Optical goods, sales Orthopedic or medical appliance sales
Photographic studio
Quick copy or duplicating center
Sewing machine sales and repair Shoe repair and sales
Video store, sale or rental of video equipment, movies and games parlor 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
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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. Automotive Services and Retail Sales
Barber and beauty equipment sales
Business machine rental, repair, sales Car or truck wash
Caterer
Food convenience store, including gasoline sales
Free standing automated banking or dispensing facility
Glass sales and cutting shop
Laboratory, medical or dental Leather goods, sales and repair Linen supply, diaper service, uniform supply
Office equipment and supplies, sales and service, rental and repair
Quick copy or duplicating center
Secretarial service
Studio for professional work or for the teaching of any form of fine arts, photography, music, drama, etc.
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
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USE GROUP 14. RETAIL - WHOLESALE SALES AND SERVICES.- All Uses Prohibited
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USE GROUP 15. AMUSEMENT, RECREATIONAL AND CULTURAL FACILITIES – All Uses Prohibited
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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 _____________, 2006.
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