ORDINANCE NO. 8303

AN ORDINANCE REZONING APPROXIMATELY 3.324 ACRES FROM RSO (SINGLE-DWELLING RESIDNETIAL-OFFICE) DISTRICT TO CN2 (NEIGHBORHOOD COMMERCIAL CENTER) 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-05-12a-08 requesting rezoning from RSO to CN2 was filed with the City of Lawrence on May 19, 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 July 21, 2008 to hear a request to rezone approximately 3.324 acres as described in Section Two of this ordinance from RSO (Single-dwelling residential-office) District to CN2 (Neighborhood Commercial Center) District; and

WHEREAS, on July 21, 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 (5 to 4) 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 19, 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:

Lot 1, Block 1, Inverness Park Plaza Addition No. 1

is hereby changed from RSO (Single-Dwelling Residential Office) District to CN2 (Neighborhood Commercial Center) 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 19, 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:

The CN2 zoning use shall be restricted to a neighborhood pharmacy/drugstore defined by the Development Code of the City of Lawrence, Kansas as personal convenience services.

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 _____________, 2008.

APPROVED:

___________________________________

Michael Dever, Mayor

ATTEST:

__________________________________

Frank S. Reeb, City Clerk

APPROVED AS TO FORM AND LEGALITY:                   

___________________________________                      

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.