ORDINANCE NO. 8083

 

SPECIAL USE PERMIT NO. SUP-07-01-06

 

 

 

AN ORDINANCE PERTAING TO ZONING: AUTHORIZING A SPECIAL USE PERMIT FOR CERTAIN PROPERTY  LOCATED AT 2206 E. 23rd 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:

 

Section 5 Township 13 Range 20 BEG AT PT 586.1 FT W OF NE COR OF S 10A OF E 1/2 SE 1/4 TH N 217.8 FT E 200 FT S 217.8 FT W 200 FT TO PT BEG; ALSO BEG AT PT 586.1 FT W OF NE COR OF S 10A OF E 1/2 SE 1/4 THE 200 FT ALONG N LINE SD 10A TR TH S 262.1 FT TO N R/W LINE K-10 TH W

 

Section Two: That the real property described in Section 1 shall hereafter allow a communication tower. 

 

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 hereby 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.       Completion of an independent review prior to consideration of the request by the City Commission.

2.       Execution of a site plan performance agreement.

3.       Facility shall be inspected annually at owner’s expense and inspection report shall be filed with Planning Director per section 20-529 (4).

4.       Provision of a fee “sufficient to cover the cost of an independent study and provision of a form authorizing the city to use those funds to hire consulting engineers to review the application and advise the city on the extent to which the applicant has or has not met the Burden of Proof, required by subsection  20-529 (7)”. (Such fee shall be established by the City Commission) per section 20-529 (6);

5.       Parking lot shall be re-striped around tower, per staff approval to maintain access circulation and parking.

6.       Future parking lot lighting shall require provision of a photometric plan per staff approval prior to issuance of a building permit.

7.       Show and note any lighting for the equipment within the base compound area per staff approval. Lighting shall be shielded and directed downward.

8.       Provision of a revised site plan to show and note the utility easement including the deed book and page reference.

 

 

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.