ORDINANCE NO. 8216

AN ORDINANCE PROVIDING FOR THE REZONING OF 56.44 acres southeast of the intersection of W 31^st Street and Ousdahl Road From THE RS10 (sINGLE –DWELLING rESIDENTIAL) dISTRICT AND THE a (AGRICULTURAL) dISTRICT TO THE rm15 (mULTI-dWELLING rESIDENTIAL) dISTRICT; AMENDING THE OFFICIAL 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 November 26, 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 and A (Agricultural) District to RM15 (Multi-dwelling Residential) District.

WHEREAS, the zoning recommendation came on for hearing before the governing body of the City of Lawrence, Douglas County, Kansas on December 11, 2007 and after due consideration and deliberation the recommended zoning change was approved. 

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 facts as set forth in the staff report 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:

THAT PART OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 13 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN, PARTIALLY IN THE CITY OF LAWRENCE AND WHOLLY IN DOUGLAS COUNTY, KANSAS DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER ON A BEARING OF N87°42’26”E (BASED ON KANSAS STATE PLANE COORDINATE SYSTEM, NAD83, NORTH ZONE), 1607.77 FEET; THENCE S02°17’34”E, 50.00 FEET TO THE NORTHEAST CORNER OF COLT SUBDIVISION, BEING A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WEST 31^ST STREET AND BEING THE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, PARALLEL WITH AND 50 FEET SOUTH OF THE NORTH LINE OF SAID NORTHWEST QUARTER, N87°42’26”E, 1057.58 FEET TO THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE ALONG SAID EAST LINE, S01°53’07”E, 1969.67 FEET TO A POINT 633.48 FEET NORTH OF THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER AND BEING THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN BOOK 522, PAGE 1988, ITEM (C), IN THE OFFICE OF THE REGISTER OF DEEDS IN SAID COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID TRACT, S53°20’43”W, 520.76 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE, S59°27’47”W, 663.23 FEET TO A POINT BEING 1650 FEET EAST AND 25 FEET NORTH OF THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER AND BEING A POINT ON THE NORTH RIGHT-OF-WAY LINE OF N1250 ROAD (FORMERLY ROAD NO. 382); THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, S87°44¢45”W, 370.91 FEET; THENCE N02°23¢01”W, 125.00 FEET; THENCE S87°44¢45”W, 129.63 FEET TO THE EAST LINE OF WAL-MART ADDITION NO. 2; THENCE ALONG SAID EAST LINE AND THE EAST LINE OF WAL-MART ADDITION NO. 3, N02°15’53”W, 513.00 FEET TO THE SOUTH LINE OF LOT 1, WAL-MART ADDITION NO. 3; THENCE ALONG SAID SOUTH LINE, N87°46’33”E, 391.03 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE ALONG THE EAST LINE OF SAID LOT 1, N02°16’42”W, 639.59 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF 33^RD STREET AS PLATTED IN ARMSTRONG’S SUBDIVISION NO. 2; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, N87°44’42”E, 80.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF OUSDAHL ROAD AS PLATTED IN ARMSTRONG’S SUBDIVISION NO. 2 AND IN COLT SUBDIVISION; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE, N02°17’54”W, 1300.00 FEET TO THE POINT OF BEGINNING.

EXCEPT THAT PART DESCRIBED AS COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF 33^RD STREET WITH THE EAST RIGHT-OF-WAY LINE OF OUSDAHL ROAD, AS PLATTED IN ARMSTRONG’S SUBDIVISION NO. 2; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE N02°17¢54”W, 80.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE N02°17¢54”W, 410.61 FEET; THENCE N87°40¢06”E, 25.00 FEET; THENCE S44°59¢10”E, 224.07 FEET; THENCE N89°06¢53”E, 160.00 FEET; THENCE S58°53¢07”E, 200.00 FEET; THENCE N81°06¢53”E, 550.00 FEET TO THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE ALONG SAID EAST LINE S01°53¢07”E, 297.03 FEET; THENCE S88°06¢53”W, 545.50 FEET; THENCE 95.30 FEET ALONG A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 250.00 FEET, A CHORD DIRECTION OF N80°57¢54”W, AND A CHORD LENGTH OF 94.72 FEET; THENCE N70°02¢40”W, 145.14 FEET; THENCE 128.176 FEET ALONG A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 330.00 FEET, A CHORD DIRECTION OF N81°10¢17”W, AND A CHORD LENGTH OF 127.37 FEET; THENCE S87°42¢06”W, 150.38 FEET TO THE POINT OF BEGINNING.

is hereby changed from that of RS10 (Single-dwelling Residential) District and A (Agricultural) District to RM15 (Multi-dwelling Residential) District as such district is defined and prescribed in the Code of the City of Lawrence, Kansas, 2006 Edition,” and amendments thereto.

SECTION III.  That the Official 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 December, 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:           :

_______________________________           ___________________________________

Toni Ramirez Wheeler               

Director of Legal Services