ORDINANCE NO. 8298
AN ORDINANCE PROVIDING FOR THE REZONING OF 9.27 ACRES FROM RS7 (SINGLE-DWELLING RESIDENTIAL) DISTRICT TO RS7-PD (SINGLE-DWELLING RESIDENTIAL PLANNED DEVELOPMENT OVERLAY) 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 AND REINCORPORATING THE “OFFICIAL ZONING DISTRICT MAP” IN SECTION 20-108 OF THE “CODE OF THE CITY OF LAWRENCE, KANSAS 2008 EDITION” AS AMENDED
WHEREAS, Rezoning Application Z-02-05-08 requesting rezoning from RS7 to RS7-PD was filed with the City of Lawrence on February 20, 2008; 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 March 24, 2008 to hear a request to rezone approximately 9.27 acres as described in Section Two of this ordinance from RS7 (Single-Dwelling Residential) District to RS7-PD (Single-Dwelling Residential Planned Development Overlay) District; and
WHEREAS, on March 24, 2008 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 7-0-1 to recommend approval of the rezoning request; and
WHEREAS, the rezoning application and Lawrence-Douglas County Metropolitan Planning Commission recommendation were considered by the Governing Body at the June 24, 2008 meeting.
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:
A REPLAT OF LOTS 1,2,3,4 AND 5, ROCKLEDGE ADDITION, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS AND A FINAL PLAT OF TWO ADJACENT TRACTS OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN, DOUGLAS COUNTY KANSAS, NOW DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE SOUTH 00°11'29" WEST, 989.83 FEET TO THE POINT OF BEGINNING OF THE LAND TO BE DESCRIBED; THENCE SOUTH 00°11'29" WEST, 536.61 FEET; THENCE SOUTH 89°37'29" WEST, 440.03 FEET; THENCE NORTH 00°00'00" EAST, 50.00 FEET; THENCE SOUTH 89°37'29" WEST, 88.29 FEET; THENCE NORTH 64°19'50" EAST, 21.31 FEET; THENCE CURVING ON A 30.00 FOOT RADIUS CURVE WITH A 33.18 FOOT CHORD BEARING NORTH 33°34'12" EAST, AND ARC LENGTH OF 35.15 FEET; THENCE NORTH 00°53'38" EAST, 66.33 FEET; THENCE NORTH 89°55'51" WEST, 229.78 FEET; THENCE SOUTH 00°01'28" WEST, 134.29 FEET; THENCE SOUTH 54°59'32" EAST, 73.75 FEET; THENCE CURVING ON A 244.69 FOOT RADIUS CURVE WITH A 42.03 FOOT CHORD BEARING SOUTH 43°33'35" WEST, AND ARC LENGTH OF 42.09 FEET; THENCE NORTH 54°59’32" WEST, 224.41 FEET; THENCE NORTH 0°28'17" EAST, 465.07 FEET; THENCE SOUTH 89°58'03" EAST, 869.91 FEET TO THE POINT OF BEGINNING, CONTAINING 9.27 ACRES MORE OR LESS, SUBJECT TO PUBLIC ROAD RIGHT-OF-WAY AND EASEMENTS OF RECORD.
is hereby changed from that of RS7 (Single-Dwelling Residential) District to RS7-PD (Single-Dwelling Residential Planned Development Overlay) 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 June 24, 2008, 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:
A. The use shall be only single family detached dwellings;
B. Each dwelling shall be on its own individually platted lot fronting on a dedicated public street;
C. Each dwelling shall comply with the definition of “Family” established in section 20-1701 of the Code of the City of Lawrence, 2008 Edition, that reads as follows:
Family: (1) A person living alone; (2) two or more persons related by blood, marriage, or legal adoption; (3) in an RS Zoning District, a group of not more than three persons not related by blood or marriage, living together as a single Housekeeping Unit in a Dwelling Unit, as distinguished from a group occupying a Dormitory, Boarding House, lodging house, motel, hotel, fraternity house or sorority house; or (4) in a Zoning District other than RS, a group of not more than four persons not related by blood or marriage, living together as a single Housekeeping Unit in a Dwelling Unit, as distinguished from a group occupying a Dormitory, Boarding House, lodging house, motel, hotel, fraternity house or sorority house.
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 September, 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