ORDINANCE NO. 8637

AN ORDINANCE REZONING APPROXIMATELY .3 ACRES FROM IG (GENERAL INDUSTRIAL) DISTRICT to RS5 (SINGLE-DWELLING RESIDENTIAL) 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-3-11-11 requesting rezoning from IG (General Industrial) District to RS5 (Single-Dwelling Residential) District, was filed with the City of Lawrence on March 17, 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, 2009 Edition” a public hearing was held by the Lawrence-Douglas County Metropolitan Planning Commission on May 25, 2011 to hear a request to rezone approximately .3 acres as described in Section Two of this ordinance from IG (General Industrial) District to RS5 (Single-Dwelling Residential) District; and

WHEREAS, on May 25, 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 request; and

WHEREAS, the rezoning application and Lawrence-Douglas County Metropolitan Planning Commission recommendation were considered by the Governing Body at the June 14, 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 tracts of land situated in the City of Lawrence, Douglas County, Kansas, to-wit:

NORTH LAWRENCE SMITH'S SUB OF PORTIONS OF ADDS NO 6 & 7, BLOCK 3, LOT 1; ALSO SOUTH 1/2 OF VACATED ROAD R/W PORTION OF PERRY ST WEST OF N 7TH ST & S OF LOT 3, BLOCK 2, & NORTH OF LOT 1, BLOCK 3 SMITH’S SUB (1071/5619 VACATION ORDER 2011), in the City of Lawrence, in Douglas County, Kansas; and

NORTH LAWRENCE SMITH'S SUB OF PORTIONS OF ADDS NO 6 & 7 BLOCK 2, LOT 3; ALSO NORTH 1/2 OF VACATED ROAD R/W PORTION OF PERRY ST WEST OF N 7TH ST & SOUTH OF LOT 3, BLOCK 2 & NORTH OF LOT 1, BLOCK 3 SMITH’S SUB (1071/5619 VACATION ORDER 2011), in the City of Lawrence, in Douglas County, Kansas.

are hereby changed from IG (General Industrial) District to RS5 (Single-Dwelling Residential) District.

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 June, 2011.

APPROVED:

________________________________

Aron Cromwell, Mayor

ATTEST:

__________________________________

Jonathan M. Douglass, City Clerk

APPROVED AS TO FORM AND LEGALITY:                   

___________________________________                      

Toni Ramirez 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.