ORDINANCE NO. 8595

AN ORDINANCE REZONING APPROXIMATELY 51.13 ACRES FROM A-1 (Suburban Home Residential) DistrIct TO IG (General Industrial) 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-9-13-10 requesting rezoning from A-1 (Suburban Home Residential) to  IG (General Industrial) was filed with the City of Lawrence on September 13, 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 October 27, 2010 to hear a request to rezone approximately 51.13 acres as described in Section Two of this ordinance from A-1 (Suburban Home Residential) District to IG (General Industrial) District; and

WHEREAS, on October 27, 2010 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 (8 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  25, 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.  The Governing Body hereby adopts the findings of facts as set forth in staff report Z-9-13-10, presented on January 25, 2011, 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 tract of land located in the Northeast Quarter (NE¼) of Section Twenty (20), Township Twelve South (T12S), Range Nineteen East (R19E) of the 6th P.M., Douglas County, Kansas, more particularly described as follows: Beginning at the Northeast corner of the Northeast Quarter (NE¼); thence South 0°04'49" West a distance of 820.62 feet, said point being on the East line of the Northeast Quarter (NE¼) and the Northerly right-of-way of the Kansas Turnpike; thence North 89°01'11" West a distance of 1,011.18 feet, said point being on the Northerly right-of-way of the Kansas Turnpike and the beginning of a radial curve to the left having a delta angle of 12°15'51", a radius of 7,789.49 feet and a chord bearing South 84°50'53" West a distance of 1,664.17 feet and an arc length of 1,667.34 feet, said point being on the Northerly right-of-way of the Kansas turnpike and on the West line of the Northeast Quarter (NE¼); thence North 0°13'10" West a distance of 951.56 feet, said point being the Northwest corner of the Northeast Quarter (NE¼); thence North 89°58'27" East a distance of 2,673.27 feet to the point of beginning, containing 51.13 acres more or less, less road right-of-way and easements of record granted to Douglas County and the Kansas Turnpike Authority.

is hereby changed from A-1 (Suburban Home Residential) 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, 20011 Edition,” and amendments thereto, as reflected in the in the record of the January 25, 2011, Governing Body  meeting.    

SECTION THREE:  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 FOUR: 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 FIVE:  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 ________, 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.