ORDINANCE NO. 8158
AN ORDINANCE PROVIDING FOR THE REZONING OF APPROXIMATELY .954 ACRES FROM RS10 (SINGLE-DWELLING RESIDENTIAL) DISTRICT TO RS7 (SINGLE-DWELLING RESIDENTIAL) DISTRICT; AMENDING THE ZONING DISTRICT MAP INCORPORATED BY REFERENCE IN SECTION 20-108, OF THE “DEVELOPMENT 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 July 25, 2007, 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 RS10 (Single-Dwelling Residential) District to RS5 (Single-Dwelling Residential) District as requested by the applicant; and
WHEREAS, on August 8th, 2007 the Planning Department received a valid protest petition objecting to the rezoning; and
WHEREAS, on August 14th, 2007 the applicant requested that the rezoning request be changed from RS10 (Single-Dwelling Residential) to RS7 (Single-Dwelling Residential) as allowed by the Table of Lesser Changes in section 20-1303(c); and
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 14, 2007. After due consideration and deliberation the zoning change was approved subject to the following amended conditions:
1. Recording of a final plat required prior to the publication of the rezoning ordinance.
2. The property will contain a 10’ peripheral side yard setback (southern side of Lot 1 and northern side of Lot 4).
3. Building envelopes shall be shown on the plat.
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 tracts of land situated in the City of Lawrence, Douglas County, Kansas, to-wit:
LOT 15, IN COUNTRY CLUB TERRACE SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS; AND,
LOT 13A, IN A LOT SPLIT FOR LOTS 4, 5, 13 AND 14, COUNTRY CLUB TERRACE SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS
is hereby changed from that of RS10 (Single-Dwelling Residential) District to RS7 (Single-Dwelling Residential) District 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 reincorporated by reference 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. Severability. If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.
SECTION V. 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 _____________, 2007.
APPROVED:
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SUE HACK, Mayor
ATTEST:
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Frank S. Reeb, City Clerk
APPROVED AS TO FORM AND LEGALITY: LEGAL DESCRIPTION VERIFIED:
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Toni Ramirez Wheeler Date David R. Guntert, Planner Date
Director of Legal Services