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Journal-World classified (published 03/04/2012)

(Published in the Lawrence
Daily Journal-World February 26, 2012)

ORDINANCE NO. 8704

AN ORDINANCE OF THE CITY
OF LAWRENCE, KANSAS, REZONING APPROXIMATELY
0.20 ACRES FROM IG
(GENERAL INDUSTRIAL) DISTRICT TO IL (LIMITED INDUSTRIAL) 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, 2011 EDITION,"
AND AMENDMENTS
THERETO.

WHEREAS, on November 18,
2011, the owners of record
of the subject property, the
legal description of which
is set forth at Section 2, infra, filed with the City of
Lawrence, Kansas, Rezoning Application, No.
Z-11-26-11, seeking to rezone the base district of
the subject property from
IG (General Industrial) District to IL (Limited Industrial) District; WHEREAS, on
January 25, 2012, after due
and lawful notice was given
in accordance with K.S.A.
12-757 and City of Lawrence, Kan., Code 20-1303
(Jan. 1, 2011), the
Lawrence-Douglas County
Metropolitan Planning
Commission conducted a
public hearing on Rezoning
Application, No. Z-11-26-11;
WHEREAS, at the January
25, 2012, public hearing, the
Lawrence-Douglas County
Metropolitan Planning
Commission considered the
report and recommendation of City staff, weighed
the evidence adduced at
the public hearing, reviewed the
decision-making criteria
set forth at City of Lawrence, Kan., 20-1303 (Jan
1, 2011), and voted unanimously (7-0) to recommend
to the City Commission that
it approve Rezoning Application, No. Z-11-26-11; and
WHEREAS, at its February
14, 2012, public meeting,
the Governing Body considered Rezoning Application,
No. Z-11-26-11, and the recommendation of the
Lawrence-Douglas County
Metropolitan Planning
Commission. BE IT ORDAINED BY THE GOVERNING
BODY OF THE CITY OF LAWRENCE, KANSAS: SECTION 1.
The above-stated recitals
are incorporated herein by
reference and shall be as
effective as if repeated verbatim. 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 part of
Government Lot 1 in the
Northeast Quarter of Section 31, Township 12 South,
Range 20 East of the Sixth
Principal Meridian, in the
City of Lawrence, described
as follows: Beginning at a
point 177 feet east and 36
feet south of the northwest
corner of Lot 41 on Delaware Street in the City of
Lawrence; thence running
East of the right-of-way of
the St. Louis, Lawrence and
Denver Railway Company
(Now the Atchison, Topeka,
and Santa Fe Railway);
thence northwesterly along
said right of way to a point
due north of the place of
beginning; thence south to
the point of beginning, in
Douglas County, Kansas, as
described in Deed Book
1055, page 4035. subject to
the conditions listed at Section 3, infra, is hereby
changed from IG (General
Industrial) District to IL
(Limited Industrial) District,
as such district is defined
and prescribed in Chapter
20 of the "Code of the City
of Lawrence, Kansas, 2011
Edition," and amendments
thereto. SECTION 3. The rezoning granted by Section
2, supra, is contingent upon
the performance and observance of the following,
regulations, stipulations,
conditions, and restrictions: The following uses
are hereby prohibited on
the real property described
in Section 2, supra: a. Animal Services; Kennel; b.
Eating and Drinking Establishments; Fast Order Food,
Drive-In; c. Office; Financial, Insurance and Real Estate; d. Retail Sales and
Service; Mixed Media Store;
e. Transient Accommodation; Hotel, Motel, Extended
Stay; f. Vehicle Sales and
Service: (i) Cleaning (Car
Wash); (ii) Gas and Fuel
Sales; (iii) Heavy Equipment Repair; (iv) Heavy
Equipment Sales/Rental;
(v) Inoperable Vehicles
Storage; (vi) RV and Boat
Storage; g. Industrial Facilities; Scrap and Salvage Operation; h. Wholesale, Storage and Distribution; Mini
Warehouse; and i. All uses
included in the Agricultural
Use Group. Failure to comply with the foregoing conditions shall cause the base
district of the subject property to revert to its previous zoning classification,
IG (General Industrial) District. SECTION 4. The
"Official Zoning District
Map," which is adopted
and incorporated into the
City Code by reference at
City of Lawrence, Kan.,
Code 20-108 (Jan. 1, 2011),
is hereby amended by
showing and reflecting
thereon the new zoning district classification for the
subject property as described in more detail in
Section 2, supra. SECTION 5.
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 6: This ordinance
shall be in full force and effect from and after its passage and publication as
provided by law. ADOPTED
by the Governing Body of
the City of Lawrence, Kansas, this 21st day of February, 2012.

APPROVED:
/s/ Aron E. Cromwell
Aron E. Cromwell
Mayor

ATTEST:
/s/ Jonathan M. Douglass
Jonathan M. Douglass
City Clerk

Approved as to form
and legality
/s/Toni R. Wheeler
Toni R. Wheeler
City Attorney
________