ORDINANCE NO. 9070

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, REZONING APPROXIMATELY 120.6 ACRES FROM CC400 (COMMUNITY COMMERCIAL), RS7 (SINGLE-DWELLING RESIDENTIAL), RM12D (MULTI-DWELLING RESIDENTIAL), RM24 (MULTI-DWELLING RESIDENTIAL), PCD-[MERCATO] (PLANNED COMMERCIAL DEVELOPMENT), AND RMO (MULTI-DWELLING RESIDENTIAL - OFFICE) DISTRICTS TO CC600 (COMMUNITY COMMERCIAL) 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, 2015 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  IN SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE 6TH PRINCIPAL MERIDIAN, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 88° 04' 26" WEST, ALONG THE SOUTH LINE OF SAID QUARTER SECTION, 1772.58 FEET; THENCE NORTH 01° 55' 34" WEST, 391.24 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE EAST RIGHT-OF-WAY LINE OF THE SOUTH LAWRENCE TRAFFICWAY; THENCE NORTH 14° 23 '48" WEST, ALONG SAID EAST RIGHT-OF- WAY LINE, 6.39 FEET; THENCE NORTH 32° 50' 50" WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, 896.17 FEET; THENCE NORTH 02° 42' 21" WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, 746.50 FEET; THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE, NORTH 88° 04' 03" EAST, 922.49 FEET; THENCE  ALONG A 750.00 FOOT RADIUS CURVE TO THE RIGHT WITH A 126.11 FOOT CHORD BEARING SOUTH 87° 06' 35" EAST, AN ARC DISTANCE OF 126.26 FEET; THENCE SOUTH 07° 42' 46" WEST, 40.00 FEET; THENCE SOUTH     21° 13' 41" WEST, 656.16 FEET; THENCE SOUTH 68° 46' 19" EAST, 35.00 FEET; THENCE SOUTH 21° 13' 41" WEST, 126.29 FEET; THENCE SOUTH 68° 46' 19" EAST, 41.23 FEET; THENCE SOUTH 21° 13' 41" WEST, 512.10 FEET; THENCE SOUTH 39° 23' 56" WEST, 30.00 FEET; THENCE SOUTH 50° 36' 04" EAST, 311.96 FEET; THENCE SOUTH 01° 32' 47" EAST, 30.00 FEET; THENCE SOUTH 88° 27' 13" WEST, 295.34 FEET; THENCE ALONG A 250.00 FOOT RADIUS CURVE TO THE RIGHT WITH A 49.69 FOOT CHORD BEARING NORTH 85° 50' 36" WEST, AN ARC DISTANCE OF 49.77 FEET TO THE POINT OF BEGINNING.  CONTAINS 23.773 ACRES, MORE OR LESS.

is hereby changed from CC400 (Community Commercial) District to CC600 (Community Commercial) District as such district is defined and prescribed in Chapter 20 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto.

SECTION 2. 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  IN SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE 6TH PRINCIPAL MERIDIAN, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF SAID QUARTER SECTION; THENCE NORTH 01° 59' 06" WEST, ALONG THE EAST LINE OF SAID QUARTER SECTION, 1481.07 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88° 03' 27" WEST, 390.02 FEET; THENCE NORTH 01° 59' 09" WEST, 617.72 FEET; THENCE NORTH 49° 37' 26" WEST, 318.27 FEET; THENCE SOUTH 88° 03' 42" WEST, 766.32 FEET; THENCE SOUTH 88° 05' 41" WEST, 160.00 FEET; THENCE SOUTH 01° 59' 09" EAST, 5.14 FEET; THENCE SOUTH 88° 04' 03" WEST,  701.39 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SOUTH LAWRENCE TRAFFICWAY; THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 4069.48 FEET, WITH A 346.93 FOOT CHORD BEARING NORTH 08° 04' 16" WEST, AN ARC LENGTH OF 347.04 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE; THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE, NORTH 88° 03' 57" EAST, ALONG NORTH LINE OF SAID QUARTER SECTION, 2289.70 FEET TO THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 01° 59' 06" EAST, ALONG EAST LINE OF SAID QUARTER SECTION, 1171.76 FEET TO POINT OF BEGINNING.  CONTAINS 25.813 ACRES, MORE OR LESS.

is hereby changed from RS7 (Single-Dwelling Residential) District to CC600 (Community Commercial) District as such district is defined and prescribed in Chapter 20 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto.

SECTION 3. 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  IN SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE 6TH PRINCIPAL MERIDIAN, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF SAID QUARTER SECTION; THENCE NORTH 01° 59' 06" WEST, ALONG THE EAST LINE OF SAID QUARTER SECTION, 1914.24 FEET; THENCE SOUTH 88°00'54" WEST, 1391.55 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88° 04' 03" WEST, 851.10 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SOUTH LAWRENCE TRAFFICWAY; THENCE NORTH 02° 42' 21" WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, 187.75 FEET; THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 4069.48 FEET, WITH A 207.29 FEET CHORD BEARING NORTH 04° 10' 07" WEST, AN ARC LENGTH OF 207.31 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE; THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE, NORTH 88° 04' 03" EAST, 701.39 FEET; THENCE NORTH 01° 59' 09" WEST, 5.14 FEET; THENCE NORTH 88° 05' 41" EAST, 160.00 FEET; THENCE SOUTH 01° 58' 50" EAST, 399.92 FEET TO POINT OF BEGINNING.  CONTAINS 7.765 ACRES, MORE OR LESS.

is hereby changed from RM12D (Multi-Dwelling Residential) District to CC600 (Community Commercial) District as such district is defined and prescribed in Chapter 20 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto.

SECTION 4. 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  IN SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE 6TH PRINCIPAL MERIDIAN, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF SAID QUARTER SECTION; THENCE NORTH 01° 59' 06" WEST, ALONG THE EAST LINE OF SAID QUARTER SECTION, 1481.36 FEET; THENCE SOUTH 88° 00' 54" WEST, 390.02 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88° 03' 27" WEST, 9.69 FEET; THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 400.00 FEET, WITH A 287.26 FOOT CHORD BEARING NORTH 70° 53' 55" WEST, AN ARC LENGTH OF 293.83 FEET; THENCE NORTH 49° 51' 18" WEST, 202.25 FEET; THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 750.00 FEET, WITH A 538.50 FOOT CHORD BEARING NORTH 70° 53' 37" WEST, AN ARC LENGTH OF 550.79 FEET; THENCE SOUTH 88° 04' 03" WEST, 71.39 FEET; THENCE NORTH 01° 58' 50" WEST, 399.92 FEET; THENCE NORTH 88° 03' 42" EAST, 766.32 FEET; THENCE SOUTH 49° 37' 26" EAST, 318.27; THENCE SOUTH 01° 59' 09" EAST, 617.72 FEET TO POINT OF BEGINNING.  CONTAINS 12.772 ACRES, MORE OR LESS.

is hereby changed from RM24 (Multi-Dwelling Residential) District to CC600 (Community Commercial) District as such district is defined and prescribed in Chapter 20 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto.

SECTION 5. 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  IN SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE 6TH PRINCIPAL MERIDIAN, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF SAID QUARTER SECTION; THENCE NORTH 01° 59' 06" WEST, ALONG THE EAST LINE OF SAID QUARTER SECTION, 344.57 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88° 00' 51" WEST TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF GEORGE WILLIAMS WAY, 50.01 FEET; THENCE SOUTH 02° 01' 53" EAST, ALONG THE WEST RIGHT-OF-WAY LINE OF GEORGE WILLIAMS WAY, 244.10 FEET TO THE NORTH RIGHT-OF-WAY LINE OF U.S. 40 / WEST SIXTH STREET; THENCE SOUTH 88° 27' 24" WEST, ALONG THE NORTH RIGHT-OF-WAY LINE OF U.S. 40 / WEST SIXTH STREET, 613.02 FEET; THENCE NORTH 86° 31' 32" WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 444.20 FEET; THENCE LEAVING SAID NORTH RIGHT-OF-WAY LINE, NORTH 01° 55' 48" WEST, 235.56 FEET; THENCE SOUTH      88° 27' 13" WEST, 322.68 FEET; THENCE NORTH 01° 32' 47" WEST, 30.00 FEET; THENCE NORTH 50° 36' 04" WEST, 311.96 FEET; THENCE NORTH 39° 23' 56" EAST, 30.00 FEET; THENCE NORTH 21° 13' 41" EAST, 512.10 FEET; THENCE NORTH 68° 46' 19" WEST, 41.23 FEET; THENCE NORTH 21° 13' 41" EAST, 126.29 FEET; THENCE NORTH 68° 46' 19" WEST, 35.00 FEET; THENCE NORTH 21° 13' 41" EAST, 656.16 FEET; THENCE NORTH 07° 42' 46" EAST, 40.00 FEET; THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 750.00 FEET, WITH A 418.89 FOOT CHORD BEARING SOUTH 66° 04' 16" EAST, AN ARC LENGTH OF 424.54 FEET; THENCE SOUTH 49° 51' 18" EAST, 202.25 FEET; THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 400.00 FEET, WITH A 287.26 FOOT CHORD BEARING SOUTH 70° 53' 55" EAST, AN ARC LENGTH OF 293.83 FEET; THENCE NORTH 88° 03' 27" EAST, 29.69 FEET; THENCE SOUTH 01° 59' 09" EAST, 440.72 FEET; THENCE NORTH 88° 05' 04" EAST, 370.02 FEET TO A POINT ON THE EAST SECTION LINE; THENCE SOUTH 01° 59' 06" EAST, ALONG THE EAST LINE OF SAID QUARTER SECTION, 695.61 FEET TO POINT OF BEGINNING.  CONTAINS 45.352 ACRES, MORE OR LESS.

is hereby changed from PCD-[MERCATO] (Planned Commercial Development) District to CC600 (Community Commercial) District as such district is defined and prescribed in Chapter 20 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto.

SECTION 6. The base zoning district classification for the following legally described real property situated in the City of Lawrence, Douglas County, Kansas, to-wit:

TWO TRACTS LOCATED  IN SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE 6TH PRINCIPAL MERIDIAN, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, DESCRIBED AS FOLLOWS:

TRACT 1:  COMMENCING AT THE SOUTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 88° 04' 26" WEST, ALONG THE SOUTH LINE OF SAID QUARTER SECTION, 1105.15 FEET; THENCE NORTH 01° 55' 34" WEST, 146.32 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE NORTH RIGHT-OF-WAY LINE OF U.S. 40 / WEST SIXTH STREET; THENCE NORTH 86°31'32" WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 64.37 FEET; THENCE SOUTH 87° 49' 32" WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 550.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF SOUTH LAWRENCE TRAFFICWAY; THENCE NORTH 14° 23' 48" WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, 247.07 FEET; THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE,  ALONG A 250.00 CURVE TO THE LEFT  WITH A 49.69 FOOT CHORD BEARING SOUTH 85° 50' 36" EAST, AN ARC DISTANCE OF 49.77 FEET; THENCE NORTH 88° 27' 13" EAST, 618.02 FEET; THENCE SOUTH 01° 55' 48" EAST, 235.56 FEET TO POINT OF BEGINNING.  CONTAINS 3.427 ACRES, MORE OR LESS.

TRACT 2:  COMMENCING AT THE SOUTHEAST CORNER OF SAID QUARTER SECTION; THENCE NORTH 01° 59' 06" WEST ALONG THE EAST  LINE OF SAID QUARTER SECTION, 1040.18 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88° 05' 04" WEST, 370.02 FEET; THENCE NORTH 1°59'09" WEST, 440.72 FEET; THENCE NORTH 88°03'27" EAST TO A POINT ON THE EAST SECTION LINE OF SAID QUARTER SECTION, 370.02 FEET; THENCE SOUTH 1°59'06" EAST, ALONG THE EAST LINE OF SAID QUARTER SECTION, 440.89 FEET TO POINT OF BEGINNING.  CONTAINS 3.744 ACRES, MORE OR LESS.

is hereby changed from RMO (Multi-Dwelling Residential - Office) District to CC600 (Community Commercial) District, as such district is defined and prescribed in Chapter 20 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto.

SECTION 7. The rezonings granted in Sections 1 through 6, inclusive, supra, in addition to being subject to the general conditions established in Chapter 20 of the Code of the City of Lawrence, Kansas, 2015 Edition, as amended, are also subject to the following special conditions:

a.         The rezonings described in Sections 1 through 6, inclusive, supra, are contingent upon the approval of the Comprehensive Plan Amendment, CPA-14-00459, revising the land use recommendations in the West of K-10 Sector Plan to allow a mix of uses throughout the above-described properties.

b.         The maximum area of commercial/retail uses (as defined in the Comprehensive Plan) that may be located within the CC600 (Community Commercial) District boundary is, in the aggregate, 360,000 square feet.

c.         No more than two (2) commercial buildings exceeding 100,000 gross square feet in size shall be located within the CC600 (Community Commercial) District boundary.

SECTION 8. The “Official Zoning District Map,” which is adopted and incorporated into the City Code by reference at City of Lawrence, Kan., Code § 20-108 (January 1, 2015), 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 through 6, inclusive, supra.

SECTION 9. 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 10.  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 January, 2015.

 APPROVED:

___________________________________

Mike Amyx

Mayor

ATTEST:

__________________________________

Diane Trybom

Acting City Clerk

APPROVED AS TO FORM AND LEGALITY:                   

__________________________________

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.