ORDINANCE NO. 8372

AN ORDINANCE REZONING APPROXIMATELY 37,500 SQUARE FEET FROM RM24 (MULTI-DWELLING RESIDENTIAL) DISTRICT TO CS (COMMERCIAL STRIP) 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, 2009 EDITION,” AND AMENDMENTS THERETO AND REINCORPORATING THE “OFFICIAL ZONING DISTRICT MAP” IN CHAPTER 20, ARTICLE 1, SECTION 20-108 OF THE “CODE OF THE CITY OF LAWRENCE, KANSAS 2009 EDITION” AND AMENDMENTS THERETO

WHEREAS, Rezoning Application Z-12-21-08 requesting rezoning from RM24 (Multi-Dwelling Residential) District to CS (Commercial Strip) District was filed with the City of Lawrence on November 24, 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, 2009 Edition” a public hearing was held by the Lawrence-Douglas County Metropolitan Planning Commission on January 26, 2009 to hear a request to rezone approximately 37,500 square feet as described in Section Two of this ordinance from RM24 (Multi-Dwelling Residential) District to CS (Commercial Strip) District; and

WHEREAS, on January 26, 2009 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 nine (9) to zero (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 February 17, 2009, 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:

Lots 4, 5, 6, and 29, Block 16, Babcock’s Enlarged Addition in the City of Lawrence, Douglas County, Kansas.

is hereby changed from RM24 (Multi-Dwelling Residential) District to CS (Commercial Strip) District as such district is defined and prescribed in Chapter 20 of the “Code of the City of Lawrence, Kansas, 2009 Edition”, and amendments thereto.

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, 2009 Edition,” and amendments thereto, 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 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 February, 2009.

APPROVED:

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Michael Dever, Mayor

ATTEST:

__________________________________

Frank S. Reeb, City Clerk

APPROVED AS TO FORM AND LEGALITY:                   

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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.