ORDINANCE NO. 8084

 

SPECIAL USE PERMIT NO. SUP-07-02-06

 

 

 

AN ORDINANCE PERTAING TO ZONING: AUTHORIZING A SPECIAL USE PERMIT FOR CERTAIN PROPERTY  LOCATED AT 3420 BOB BILLINGS DRIVE, 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:

 

HIDDEN VALLEY CAMP LOT 1

 

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.       Execution of a site plan performance agreement.

2.       Provision of a revised site plan providing:

a.       The dimension of the tower from the property line;

b.       The location and deed book and page reference for the utility easement;

c.       A note to indicate that disturbed vegetation shall be re-planted or new materials; planted to maintain a continuous screening per staff approval; and

d.       Note material of extended access drive.

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 revised site plan to include the following notes:

a.       No commercial advertising shall be allowed on a tower per 20-529 (2)(i);

b.       Lighting for accessory buildings or structures shall be subject to staff approval prior to addition and shall be shielded and directed downward;

c.       Structure shall be removed if facility is not in use for a period of three full years at the owner’s expense per section 20-529 (3)(i);

d.       Facility owner shall submit a letter to the Planning Director by July 1 of each year listing the current users and types of antenna located on the facility;

e.       Owner/operator shall at all times employ at least ordinary care and shall install, maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public per section 20-529 (3)(iv);

f.         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);

g.       All telecommunication towers or telecommunications antennas shall conform to the requirements of the Occupational Safety and Health Administration (OSHA). 20-529 (9) (vii);

h.       Mobile or immobile equipment not used in direct support of a Telecommunication Tower facility shall not be stored or parked on the site, unless repairs to the Telecommunications Tower or Telecommunications Antenna are being made. 20-529 (9) (xii);

i.         Applicant shall provide the City Clerk a written indemnification of the City and proof of liability insurance sufficient to respond to claims up to $1,000,000 in the aggregate which may arise from operation of Telecommunications Facilities within the City , both  subject to the approval of the Director of Legal Services prior to issuance of a building permit. 20-529 (13) (i); and

j.         Applicant shall present a bond to the Director of Legal Services in the amount of $20,000 which shall be available for use by the City for the removal of the Telecommunications Facility should said Telecommunications Tower ever be abandoned. The bond shall contain the following endorsement: “It is hereby understood and agreed that this instrument may not be canceled nor any intension not to renew be exercised until 60 days after receipt by the City.

 

 

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.