ORDINANCE NO. 8075
SPECIAL USE PERMIT NO. SUP-10-04-06
AN ORDINANCE PERTAING TO ZONING: AUTHORIZING A SPECIAL USE PERMIT FOR CERTAIN PROPERTY LOCATED AT 917 DELAWARE STREET, LAWRENCE KANSAS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
Section One: Special Use Permit Granted: Pursuant to the regulations set forth in the Code of the City of Lawrence, Section 20-1306 permission is hereby granted to use in the manner set forth in Sections 2 and 3, the following described property:
DELAWARE STREET LT 35; ALSO BEGAT PT 117 FT E OF NW COR SD LT35 & ON W LINE DELAWARE STREETTH S 50 FT TO PT ON S LINE SD LT 35 EXTENDED TH W ALONG SD SLINE LT 35 EXTENDED TO SE COR LT 35 TH N ALONG E LINE LT 35 TO NE COR THEREOF TH E TO PT BEG
Section Two: That the real property described in Section 1 shall hereafter allow a private dining restaurant.
All Zoning ordinances or Zoning regulations of the City of Lawrence, Kansas affecting the use of the real property described in Section 1 which are inconsistent with this ordinance are herby made inapplicable to the said property for said period of time.
Section Three: The special use permit granted in Sections 1 and 2 of this ordinance in addition to the full compliance with any general provisions contained in the Land Development Code of the City of Lawrence, is hereby made contingent upon the performance and observation of the following additional and supplementary regulations, stipulations, conditions, and restrictions, of which the violation of any hereafter enumerated will be a supplementary basis for the revocation of the special use permit in addition to those specified in Section 20-1306, to wit:
1. Execution of a site plan performance agreement.
2. Completion of conditions of approval and release of a permit from the Historic Resources Administrator prior to the release of a site plan for the issuance of a building permit.
3. Provision of a revised site plan to include the following notes:
a. Service to no more than 30 guests per seating;
b. One seating per service day;
c. 5 service days in a standard 7-day week;
d. Service shall be provided to the general public by reservation only;
e. Drive-in and carry-out facilities are prohibited;
f. Private dining shall be an accessory use to an owner occupied principal residence.
g. No service of full meals may occur outdoors. Limited service of food and beverage accessory to the main meal service such as appetizers is allowed outdoors.
h. Activity shall conclude by 11:00 P.M. on weekdays and by 12:00 P.M. Friday and Saturday night.
i. Outside lighting associated with private dining events is extinguished by 11:00 P.M. on weekdays and by 12:00 Friday and Saturday night.
j. There shall be compliance with applicable building code requirements.
k. If the ownership or operation of the private dining facility changes in the future then a new Special Use Permit shall be required;
l. Property shall be inspected annually by City Staff for compliance with the Special Use Permit.
m. Owner/Operator shall submit an annual report prior to the scheduled yearly inspection stating they are the owner of record of the property and demonstrating compliance with the conditions of approval.
n. Note the Deed Book and Page reference of the executed off-street parking agreement on the face of the site plan.
4. Provision of a revised site plan to provide additional landscape material added along the existing fence per staff approval. Material may be a mixture of installed plants or containers to provide additional buffering.
5. Approval of a City liquor license if alcoholic beverages are proposed.
6. Execution and recording of an off-street parking agreement with the Register of Deeds Office to include parking on an approved site planned property.
7. Publication of an ordinance per section 20-1306 (j).
Section Four: This ordinance shall take affect and be in force from _________, 2007and after its passage and publication as provided by law.
Adopted by the governing body this _____ day of ______, 2007
APPROVED:
_______________________
Mike Amyx, Mayor
ATTEST:
_______________________________________
Frank S. Reeb, City Clerk
APPROVED AS TO FORM AND LEGALITY:
_______________________________________ _____________
Toni Ramirez Wheeler Date
Interim 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.