Z-05-12-06
ORDINANCE NO. 8291
AN ORDINANCE PROVIDING FOR THE REZONING OF 3.04 ACRES FROM RS7 (SINGLE-DWELLING RESIDENTIAL) DISTRICT TO PRD [PRAIRIE WIND ADDITION] (PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT; AMENDING THE “OFFICIAL ZONING DISTRICT MAP” INCORPORATED BY REFERENCE IN SECTION 20-108, OF THE “CODE OF THE CITY OF LAWRENCE, KANSAS, 2008 EDITION”, AND AMENDMENTS THERETO.
WHEREAS, Rezoning Application Z-05-12-06 requesting rezoning from RS-2 to PRD-1 was filed with the City of Lawrence on May 10, 2006; and
WHEREAS, after due and lawful notice was given pursuant to K.S.A. 12-757 and Section 20-1303 of the “Code of the City of Lawrence, Kansas, 2008 Edition” a public hearing was held by the Lawrence-Douglas County Metropolitan Planning Commission on June 28, 2006 to hear a request to rezone approximately 3.04 acres as described in Section Two of this ordinance from RS-2 (Single-Dwelling Residential) District to PRD-1 (Planned Residential Development) District; and
WHEREAS, on June 28, 2006 the Lawrence-Douglas County Metropolitan Planning Commission considered the report and recommendation of the City’s professional staff, the testimony provided at the hearing and the review and decision making criteria of Section 20-1303 and voted 7-1 to recommend approval of the rezoning request subject to conditions; and
WHEREAS, the rezoning application and Lawrence-Douglas County Metropolitan Planning Commission recommendation were considered by the Governing Body at the July 18, 2006 meeting.
WHEREAS, the tract of land described in Section Two of this ordinance is included in a Final Plat of Prairie Wind Addition in the City of Lawrence, Douglas County, Kansas, filed in the Douglas County Register of Deeds Office on June 2, 2008.
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-1 designation has converted to PRD [Prairie Wind Addition] (Planned Residential Development) District designation.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION ONE: 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 TWO: That the zoning district classification for the following legally described tract of land situated in the City of Lawrence, Douglas County, Kansas, to-wit:
LOT 1, AND THE ADJACENT HASKELL AVENUE RIGHT-OF-WAY IN THE FINAL PLAT OF PRAIRIE WIND ADDITION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS CONTAINING 3.04 ACRES, MORE OR LESS.
is hereby changed from that of RS7 (Single-Dwelling Residential) District to PRD [Prairie Wind Addition] (Planned Residential Development) District as such district is defined and prescribed in Chapter 20 of the “Code of the City of Lawrence, Kansas, 2008 Edition”, and amendments thereto as reflected in the record of the July 18, 2006, Governing Body Meeting.
SECTION THREE: The rezoning granted in Section Two of this ordinance is hereby made contingent upon the performance and observation of the following regulations, stipulations, conditions and restrictions:
1. USES RESTRICTED TO DETACHED SINGLE-FAMILY DWELLINGS.
2. RECORDING OF A FINAL PLAT PRIOR TO PUBLICATION OF THE REZONING ORDINANCE.
3. APPROVAL OF A PRELIMINARY DEVELOPMENT PLAN PRIOR TO PUBLICATION OF THE REZONING ORDINANCE.
SECTION FOUR: That the “Official Zoning District Map” incorporated by reference in and by Section 20-108, of the “Code of the City of Lawrence, Kansas, 2008 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 Two of this ordinance.
SECTION FIVE: 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 SIX: 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 July, 2008.
APPROVED:
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Michael Dever, Mayor
ATTEST:
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Frank S. Reeb, City Clerk
APPROVED AS TO FORM AND LEGALITY:
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Toni Ramirez Wheeler Date
Director of Legal Services