ORDINANCE NO. 2621

AN ORDINANCE CHANGING THE ZONING CLASSIFICATIONS OR DISTRICTS OF CERTAIN LANDS LOCATED IN THE CITY OF GARDNER, KANSAS, UNDER THE AUTHORITY GRANTED BY TITLE 17 OF THE MUNICIPAL CODE OF THE CITY OF GARDNER, KANSAS;

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GARDNER, KANSAS:

SECTION ONE: That having received a recommendation from the Planning Commission on July 23, 2019, and proper notice having been given and hearing held as provided by law and under the authority of and subject to the provisions of the Gardner, Kansas Land Development Code, the zoning classification or districts of the lands legally described hereby are changed as follows:

The following described properties located at the northwest corner of Moonlight Road and University Drive shall hereafter have a zoning classification of RP-3 (Planned Garden Apartment) District in accordance with preliminary development plan PDP-19-03 Tallgrass dated July 1, 2019, and subject to the following conditions:
1. Revise the plans to show 5’ sidewalk connections from the buildings that front and are adjacent to streets, to the public sidewalk, where feasible due to topography.
2. Revise the plans to show 8’ wide sidewalks along any building facade abutting a parking area.
3. Revise the plans to show 8’ wide sidewalks on primary routes between the street or parking area and the building entrance.
4. Revise the plans to show 8’ wide sidewalks long any parking with vehicle overhangs.
5. Revise the plan, to the satisfaction of the Utilities Department, to show all sanitary sewer lines flow to Gardner facilities including a lift station if necessary.
6. Revise the Duplex unit footprint/floorplans to provide for no more than 25% of the front facade as garage.

CASE NO. Z-19-03(PDP-19-03)

Rezoning from RP-3 (Planned Garden Apartment) District, RP-4 (Planned Mixed-Density Neighborhood) District and R-3 (Garden Apartment) District to RP-3 (Planned Garden Apartment) District:

Legal Description:
Tracts C and D, UNIVERSITY PARK ADDITION NO. 1, a subdivision in the City of Gardner, Johnson County, Kansas.

…EXCEPT….

That part platted UNIVERSITY PARK ADDITION NO. 2, a subdivision in the City of Gardner, Johnson County, Kansas.

The above legal description contains 43.05 acres, more or less.

SECTION TWO: That upon the taking effect of this Ordinance, the above zoning changes shall be incorporated and shown on the Zoning District Map previously adopted by reference, and said Zoning District Map is hereby reincorporated as a part of the Land Development Code as amended.

SECTION THREE: That this Ordinance shall take effect and be in force from and after its adoption by the Governing Body and publication in the official City Newspaper.

PASSED by the Governing Body this 19th day of August, 2019.

SIGNED by the Mayor this 19th day of August, 2019.

CITY OF GARDNER, KANSAS

(SEAL)
____________/s/ _______________
Steve Shute, Mayor

Attest:

_________/s/__________________
Sharon Rose, City Clerk

Approved as to form:

_________/s/__________________
Ryan B. Denk, City Attorney