ORDINANCE NO. 8626
AN ORDINANCE REZONING APPROXIMATELY 1.11 ACRES FROM RM32 (MULTI-DWELLING RESIDENTIAL) DISTRICT TO MU (MIXED USE-PRIMARY DEVELOPMENT ZONE) 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 applications Z-11-25-09, Z-11-26-09, and Z-11-28-09 requesting rezoning from RM32 to MU was filed with the City of Lawrence on November 23, 2009 and revised on June 10, 2010; and rezoning applications Z-1-1-11, Z-1-2-11, and Z-1-3-11 requesting rezoning from RM32 to MU was filed with the City of Lawrence on January 18, 2011; 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 March 28, 2011 to hear a request to rezone approximately 1.11 acres as described in Section Two of this ordinance from RM32 (Multi-Dwelling Residential) District to MU (Mixed Use-Primary Development Zone) District; and
WHEREAS, on March 28, 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 (9 to 0) to recommend approval of the rezoning of Z-11-25-09, Z-11-26-09, Z-11-28-09, Z-1-1-11, Z-1-3-11, and voted (8 to 2) to recommend approval of the rezoning of Z-1-2-11,and
WHEREAS, the rezoning application and Lawrence-Douglas County Metropolitan Planning Commission recommendation were considered by the Governing Body at the April 19, 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:
Lots 213, 214, 215 and 216 on Tennessee Street in the Original Townsite of the City of Lawrence, Douglas County, Kansas; also, Lots 217 and 219 on Tennessee Street and Lots 234 and 236 on Ohio Street, plus the vacated alley adjacent to said lots, all in the Original Townsite of the City of Lawrence, Douglas County, Kansas.
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. This rezoning expands the Mixed Use District established by Ordinance 8568. The regulations, stipulations, conditions, and restrictions of Ordinance 8568 are incorporated herein by reference as if set forth in full and are hereby made applicable to the properties described in Section Two of this ordinance.
2. The collective Mixed Use District, established by Ordinance 8568 and this ordinance, together encompassing approximately 2.14 acres, shall be limited in the aggregate to 50,000 square feet of retail space. If the Mixed Use District is further expanded by the rezoning of adjacent properties to the MU zoning classification, then the collective Mixed Use District, as expanded, shall be limited in the aggregate to 50,000 square feet of retail space, unless the allowance of additional square feet of retail space is first approved by the governing body.
3. A permanent easement for pedestrian, and utility access over, under, and across a sixteen-foot (16’) wide strip of land, located where an alley was platted but is now vacated along the south side of West 14th Street between Ohio and Tennessee Streets, shall be granted to the City. The property owner agrees to execute the necessary documents to grant said easement to the City, in such form that said documents can filed with the Douglas County, Kansas, Register of Deeds to record the City’s right to said easement.
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 April, 2011.
APPROVED:
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Aron E. Cromwell, Mayor
ATTEST:
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Jonathan M. Douglass, City Clerk
APPROVED AS TO FORM AND LEGALITY:
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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.