ORDINANCE NO.___8350___
AN ORDINANCE REPEALING ORDINANCE NO. 8293 AND REENACTING ITS PROVISIONS REZONING APPROXIMATELY 155 ACRES OF LAND FROM A (AGRICULTURAL) DISTRICT TO IG (GENERAL INDUSTRIAL) 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-04-09-08 requesting rezoning from A (Agricultural) District to IG (General Industrial) District was filed with the City of Lawrence on April 17, 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 June 25, 2008 to hear a request to rezone approximately 155 acres of land as described in Section Two of this ordinance from A (Agricultural) District to IG (General Industrial) District; and
WHEREAS, on June 25, 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 six (6) to two (2) 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 August 5, 2008, meeting; and
WHEREAS, the request to annex the 155 acres of land referenced above into the corporate limits of the City of Lawrence, Kansas, was contingent upon the approval of a request to rezone the 155 acres of land to an IG (General Industrial) district; and
WHEREAS, Ordinance 8285 annexing the property to be rezoned was passed on second reading by the City Commission on July 1, 2008 and published in The Lawrence Journal-World on September 8, 2008; and
WHEREAS, the publication of annexation Ordinance 8285 occurred within 60 days of a general election and pursuant to K.S.A. 2007 Supp. 12-523 the annexation became effective on the day following such election, specifically November 5, 2008; and
WHEREAS, Ordinance 8293 rezoning approximately 155 acres of land was passed on second reading on September 2, 2008 and published in The Lawrence Journal-World on September 9, 2008 with the intent to be in force and effect after the effective date of annexation Ordinance 8285; and
WHEREAS, K.S.A. 12-3007 provides that ordinances shall take effect upon the day of publication unless a different and later date is stated in the ordinance or otherwise provided by statute; and
WHEREAS, in order to clarify the effective date of the rezoning of the 155 acres of land, the City Commission determines that it is appropriate to repeal Ordinance No. 8293 and to reenact its provisions pursuant to this ordinance, which shall be in full force and effect, upon passage and publication as provided by law.
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 August 5, 2008, staff report Z-04-09-08, 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:
The Southeast One Quarter (SE1/4) of Section Eighteen (18), Township twelve (12), Range Nineteen (19), less public road right-of-way, containing 154.9 acres, more or less and subject to restrictions, easements, and reservations or record; in Douglas County, Kansas
is hereby changed from A (Agricultural) District to IG (General Industrial) 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 August 5, 2008, Governing Body meeting.
SECTION THREE: The rezoning granted in Section Two of this ordinance is hereby made contingent upon the performance and observance of the following regulations, stipulations, conditions and restrictions:
1. The following uses shall be prohibited
a. Truck Stop
b. Explosive Storage
c. Salvage Yard and
d. Slaughter house
2. Building permits may be issued for the property described in Section Two if the City of Lawrence reasonably determines that either City water or City sanitary sewer service is not required to serve the use or uses on the property, the uses being those that can be served by rural water or on-site sanitary sewer management systems (including, but not limited to sewage storage tanks).
3. Any Site Plan for the property described in Section Two shall be approved by the Governing Body applying the criteria required in the Development Code.
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: Ordinance No. 8293 is hereby repealed.
SECTION SEVEN: 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 _____________, 2008.
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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
Director of Legal Services
Publish one time and return one Proof of Publication to the City Clerk and one to the Director of Legal Services.