ORDINANCE NO. 8142

AN ORDINANCE PROVIDING FOR THE REZONING OF APPROXIMATELY 2.186 ACRES FROM PRD–WAKARUSA PLACE DISTRICT TO PCD-6WAK DISTRICT (WITH RESTRICTIONS); AMENDING THE ZONING DISTRICT MAP INCORPORATED BY REFERENCE IN SECTION 20-108, OF THE “CODE OF THE CITY OF LAWRENCE, KANSAS, 2006 EDITION,” AND AMENDMENTS THERETO.

WHEREAS, after due and lawful notice and hearing, the Lawrence-Douglas County Metropolitan Planning Commission on August 30, 2006, 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 PRD-Wakarusa Place District to PCD-6WAK District (with restrictions).

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 August 7, 2007, and after due consideration and deliberation the recommended zoning change was approved, subject to the use restrictions listed in Attachment A based upon Chapter 20 of the Code of the City of Lawrence 2003 Edition and the following conditions:

1. The total commercial retail space on the subject property shall not exceed 128,000 gross square feet.

2. The garden center shall not exceed 6,500 square feet.

3. No one single commercial retail use shall occupy more than 99,990 gross square feet of space.

4. Only the permitted uses listed on the attached “Permitted Uses” sheet will be allowed.

5. Filing of a Final Development Plan at the Register of Deeds’ Office.

6. Filing of a Final Plat at the Register of Deeds’ Office.

WHEREAS, the tract of land described in Section II of this ordinance is included in a Lot Split of Lot 2, Block 2, a Final Plat of Wakarusa Place Addition, in the City of Lawrence, Douglas County, Kansas, filed in the Douglas County Register of Deeds Office on October 28, 2005.

WHEREAS, the Governing Body of the City of Lawrence, Kansas did on April 4, 2006, adopt Ordinance No. 7985, adopting the Development Code of the City of Lawrence, Kansas, (hereinafter “the Development Code”) effective July 1, 2006; and

WHEREAS, the Governing Body of the City of Lawrence, Kansas did on April 4, 2006, adopt Ordinance No. 7986, adopting the Official Zoning District Map for the Development Code of the City of Lawrence, Kansas, effective July 1, 2006; and

WHEREAS, pursuant to Section 20-110(e) of the Development Code, the Official Zoning District Map designations in effect before the effective date of the Development Code convert to New Map Designations set forth in the table in Section 20-110 (e); and

WHEREAS, pursuant to Section 20-110(e) of the Development Code, the PRD-2 designation has converted to PRD-Wakarusa Place designation.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION I.  The above stated recitals and attachments 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 tracts of land situated in the City of Lawrence, Douglas County, Kansas, to-wit:

Lot 2B, Block 2, a Lot Split of Lot 2, Block 2, a Final Plat of Wakarusa Place Addition

is hereby changed from that of PRD-Wakarusa Place District to PCD-6WAK District (with restrictions) as such district is defined and prescribed in the “Development Code of the City of Lawrence, Kansas, 2006 Edition,” and amendments thereto.

SECTION III.  That the Zoning District Map incorporated by reference in and by Section 20-108, of the “Code of the City of Lawrence, Kansas, 2006 Edition,” is hereby amended and 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 August 2007.

APPROVED:

___________________________________

SUE HACK, Mayor

ATTEST:

__________________________________

Frank S. Reeb, City Clerk

APPROVED AS TO FORM AND LEGALITY:             LEGAL DESCRIPTION VERIFIED:

___________________________________              ___________________________________

Toni Ramirez Wheeler                       Date                David R. Guntert, Planner                Date

Director of Legal Services

Attachment A for Ordinance No. 8142