ORDINANCE NO. 8986
AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, REZONING APPROXIMATELY 7.991 ACRES FROM PCD-[Bauer Farm] DISTRICT TO FROM PCD-[Bauer Farm Northwest] DISTRICT AND AMENDING THE CITY’S “OFFICIAL ZONING DISTRICT MAP,” INCORPORATED BY REFERENCE INTO THE CITY CODE AT CHAPTER 20, ARTICLE 1, SECTION 20-108 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2013 EDITION, AND AMENDMENTS THERETO.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION 1. The base zoning district classification for the following legally described real property, situated in the City of Lawrence, Douglas County, Kansas, to-wit:
A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 28, THENCE NORTH 88°11’38” EAST, ALONG THE SOUTH LINE OF SAID southeast quarter, 395.68 feet; thence north 1°48’22” west, 517.03 feet to the point of beginning, said point being the northeast corner of lot one, bauer farm third plat, a subdivision in the city of Lawrence, douglas county, Kansas; thence north 55°48’28” west, along the north line of said lot 1, 129.69 feet; thence north 71°43’13” west, along said north line, 191.43 feet; thence south 88°11’38” west, along said north line, 60.07 feet to the east right-of-way line of Wakarusa drive; thence north 4°15’53” west, along said east right-of-way, 54.64 feet; thence north 1°55’21” west, along said east right-of-way, 121.41 feet to the south right-of-way line of overland drive; thence north 88°11’38” east, along said south right-of-way, 813.69 feet to the west right-of-way of champion lane; thence south 1°48’22” east along said right-of-way, 50.05 feet; thence along a curve to the left and said west right-of-way, having a radius of 315.00 feet, a chord bearing of south 29°31’37” east and a chord length of 293.05 feet, for an arc distance of 304.81 feet; thence along a curve to the right and said west right-of-way, having a radius of 235.00 feet, a chord bearing of south 38°27’08” east and a chord length of 151.43 feet, for an arc distance of 154.18 feet; thence south 24°45’32” west along said west right-of-way, 47.00 feet to the north right-of-way line of bauer farm drive; thence south 88°11’38” west, along said north right-of-way, 711.18 feet; thence along a curve to the right and said north right-of-way, having a radius of 105.00 feet, a chord bearing of north 83°56’53” west and a chord length of 28.71 feet, for an arc distance of 28.80 feet to the southwest corner of lot one, bauer farm third plat; thence along a curve to the right and the east of said lot 1, having a radius of 280.50 feet, a chord bearing of north 22°18’13” east and a chord length of 165.55 feet, for an arc distance of 168.05 feet to the point of beginning. Contains 7.991 acres, more or less
is hereby changed from PCD-[Bauer Farm] District to PCD-[Bauer Farm Northwest] District, as such district is defined and prescribed in Chapter 20 of the Code of the City of Lawrence, Kansas, 2013 Edition, and amendments thereto.
SECTION 2. The rezoning granted in Section 1, supra, in addition to being subject to the general conditions established in Chapter 20 of the Code of the City of Lawrence, Kansas, 2013 Edition, as amended, is also subject to the following special conditions:
2. No single retail or commercial building shall be larger than 50,000 gross square feet of space.
3. All residential uses are prohibited.
4. The permitted list of uses shall be included as part of the rezoning ordinance to specifically include:
a. Licensed Premises; and Liquor, wine and beer sales for consumption off the premises.
b. Hotel and Motel
5. The permitted uses include uses listed on the approved Final Development Plan for Bauer Farm in the following Use Groups, except as specifically prohibited here:
a. Use Group 7 – Community Facilities – Public Utilities, are permitted except the following uses are prohibited: Halfway house or service-oriented rehabilitation center or residence; Hospital, general, not including animal; Rehabilitation center for persons with disabilities; and Sewage disposal plant, private;
b. USE GROUP 9 – PROFESSIONAL OFFICES; are permitted
c. USE GROUP 9a – LIMITED SERVICES; are permitted
d. USE GROUP 11 – INNER NEIGHBORHOOD COMMERCIAL USES; are permitted
e. USE GROUP 12 – RETAIL STORES – PERSONAL SERVICES, are permitted except the following uses are prohibited: Automobile service stations; Department store; Food convenience store, including gasoline sales and single bay auto wash; Furrier shop, including the storage of furs; Hat blocking and repair; Pawnshop; Reading room; Surgical and dental supply sales; Similar Uses; and Accessory Uses;
f. USE GROUP 13 – AUTOMOTIVE SERVICES; RETAIL SALES; OTHER, are permitted except the following uses are prohibited: Aircraft sales, rental, service; Ambulance service; Auction room auctioneer; Automobile service station; Baseball park, commercial; Boat and marine sales, rental and repair; Carnival or circus; Carting, crating, express hauling, moving and storage; Eating establishment, providing only drive up service or no seating facilities; Exterminator, pest; Food convenience store, including gasoline sales; Food locker plant, for consumer use; Funeral home, mortuary, or undertaking establishment; Garage or parking for common or public utility vehicles; Glass sales and cutting shop; Linen supply, diaper service, uniform supply; Liquids, flammable, underground storage of; Lumber, limited sales; Media Store (Ord. 7226); Mobile homes, sales and service; Motorcycle sales, service and rental; Photostatting; Sex Shop (Ord. 7226); Sexually Oriented Media Store (Ord. 7226); Taxidermist; Telephone answering service; Theatre, drive-in; Trailer sales and rental; Transit vehicle storage and servicing; Truck rental and sales; Similar Uses; and Accessory Uses; AND
g. USE GROUP 15 – AMUSEMENT, RECREATIONAL AND CULTURAL FACILITIES, are permitted except the following use is prohibited: Race Track.
SECTION 3. The “Official Zoning District Map,” which is adopted and incorporated into the City Code by reference at City of Lawrence, Kan., Code § 20-108 (July 1, 2013), is hereby amended by showing and reflecting thereon the new zoning district classification for the subject property as described in more detail in Section 1, supra.
SECTION 4. If any section, sentence, clause, 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 5. 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, this _______ day of May, 2014.
APPROVED:
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Mike Amyx
Mayor
ATTEST:
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Diane Trybom
Acting City Clerk
APPROVED AS TO FORM AND LEGALITY:
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Toni R. Wheeler
City Attorney
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NOTICE TO PUBLISHER
Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.