ORDINANCE NO. 8610

AN ORDINANCE REZONING APPROXIMATELY .36 ACRES FROM RS5 (SINGLE-DWELLING RESIDENTIAL) DISTRICT TO RSO (SINGLE-DWELLING RESIDENTIAL-OFFICE) DISTRICT; AMENDING THE OFFICIAL ZONING DISTRICT MAP INCORPORATED BY REFERENCE IN CHAPTER 20, ARTICLE 1, SECTION 20-108, OF THE “CODE OF THE CITY OF LAWRENCE, KANSAS, 2011 EDITION,” AND AMENDMENTS THERETO

WHEREAS, Rezoning Application Z-11-15-10 requesting rezoning from RS5  to RSO was filed with the City of Lawrence on November 22, 2010; 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, 2011 Edition” a public hearing was held by the Lawrence-Douglas County Metropolitan Planning Commission on January 24, 2011 to hear a request to rezone approximately .36 acres as described in Section Two of this ordinance from RS5 (Single-Dwelling Residential) District to RSO (Single-Residential Office) District; and

WHEREAS, on January 24, 2011 The Lawrence-Douglas County Metropolitan Planning Commission considered the report and recommendation of the City’s professional staff, the evidence and testimony provided at the hearing and the review and decision making criteria of section 20-1303 and voted (10 to 0) 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 January 24, 2011, 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.

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:

Babcock’s Enlarged  Addition Block 17, the north 50 feet of Lot 33 & all of Lot 34

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 as prescribed in Chapter 20 of the “Code of the City of Lawrence, Kansas 2011 Edition,” and amendments thereto, shall not be permitted as principle uses on the property described in Section Two:

a. Temporary Shelter

b. Community Meal Program

SECTION FOUR:  That the Official Zoning District Map incorporated by reference in and by Chapter 20, Article 1, Section 20-108 of the “Code of the City of Lawrence, Kansas, 2011 Edition” is hereby amended 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             February, 2011.

APPROVED:

________________________________

Mike Amyx, Mayor

ATTEST:

__________________________________

Jonathan M. Douglass, City Clerk

APPROVED AS TO FORM AND LEGALITY:                   

___________________________________                      

Toni R. Wheeler                                                        

Director of the Legal Department

Publish one time and return one Proof of Publication to the City Clerk and one to the Director of the Legal Department.