ORDINANCE NO. 8105

 

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

 

 

 

AN ORDINANCE PERTAING TO ZONING: AUTHORIZING A SPECIAL USE PERMIT FOR CERTAIN PROPERTY  LOCATED AT 2101 WAKARUSA 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, Sections 20-1306 permission is hereby granted to use in the manner set forth in Sections Two and Three, the following described property:

 

PROPERTY DESCRIPTION: Parent Parcel

A portion of the Southwest Quarter (SW ¼) of Section 4, Township 13 South, Range 19 East of the 6th Principal Meridian, City of Lawrence, Douglas County, Kansas

 

PROPERTY DESCRIPTION: Proposed Lease Area and Access/Utility Easement

A 50 foot by 50 foot Lease Area and a 20 foot wide Access/Utility Easement, situated in the Southeast Quarter of the Southwest Quarter of Section 4, Township 13, Range 19, in Douglas County, Kansas, more particularly described as follows:

 

COMMENCING at the Center Quarter Corner of said Section 4 (Fnd. Brass Monument), said point bears North 00°45'18" West, a distance of 2643.54 feet from the South Quarter Corner of said Section 4 (Fnd. Brass Monument); thence South 17°46'25" West, a distance of 1892.44 feet to the POINT OF BEGINNING of said Lease Area; thence South 00°00'00" East a distance of 50.00 feet; thence North 90°00'00" West, a distance of 50.00 feet; thence North 00°00'00" East, a distance of 50.00 feet; thence North 90°00'00" East, a distance of 50.00 feet to the POINT OF BEGINNING.  Containing 2,500 square feet, more or less.

 

AND a 20 foot wide Access/Utility Easement, lying 10.00 feet on each side of the following described centerline:

 

COMMENCING at the Southwest Corner of the previously described Lease Area; thence South 90°00'00" East, a distance of 10.50 feet; thence South 00°00'00" East, a distance of 10.00 feet to the POINT OF BEGINNING of said centerline; thence North 90°00'00" East, a distance of 50.69 feet to a point hereinafter referred to as Point "A"; thence continuing North 90°00'00" East, a distance of 43.29 feet to the POINT OF TERMINATION; thence BEGINNING at aforementioned Point "A"; thence South 00°00'00" West, a distance of 116.73 feet; thence North 88°28'59" East, a distance of 439.47 feet; thence North 78°49'40" East, a distance of 30.89 feet; thence North 54°51'17" East, a distance of 68.58 feet; thence South 90°00'00" East, a distance of 16.10 feet to the POINT OF TERMINATION on the Westerly Right-of-Way line of Wakarusa Drive as it presently exists.  Containing 15,115 square feet, more or less.

 

 

Section Two: That the real property described in Section 1 shall hereafter allow a tele-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 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.       Execution of a land lease agreement with the City of Lawrence, prior to the release of the site plan for issuance of a building permit.

3.       Provision of a revised site plan with the following changes:

a.         Book and Page number for recorded access/utility easement referenced on the plan

b.         Note added referencing applicant’s agreement with City to mount security camera equipment and communication equipment on the tower for the City facilities on the site.

 

And the following Standards from Section 20-529 of the Development Code:

 

1.       No commercial advertising shall be allowed on a Telecommunications Facility, unless such Telecommunications Antenna is actually located on an existing, approved sign. Telecommunications Towers may have safety or warning signs in appropriate places;

2.       No signals, lights or illumination shall be permitted on a Telecommunications Facility, unless required by the FAA. Should lighting be required by State or Federal law, the lighting shall be placed on the Telecommunications Tower and designed in such a way as to minimize to the fullest extent possible glare onto adjacent residential properties;

3.       Light fixtures may be attached if it is part of the design incorporated onto the Telecommunications Tower Structure to be used for the illumination of athletic fields, Parking Lots, Streets or other similar areas. Lighting of the accessory Buildings for basic security purposes is permissible but may not result in glare on adjacent properties;

4.       The Height of a Telecommunications Facility shall conform to the Height limitations of an applicable Airspace Control Overlay District as defined in Sec. 20-302;

5.       All Telecommunications Facilities shall be sited to have the least adverse visual effect as is practical on the environment. Telecommunications Towers shall not be lighted except to assure human safety as required by the Federal Aviation Administration (FAA). Telecommunications. Towers shall be a galvanized finish or painted gray or light blue unless other standards are required by the FAA. Where possible, monopole Telecommunications Towers shall be preferable to guyed Telecommunications Towers. Telecommunications Towers shall be designed and sited to avoid, whenever possible, application of FAA lighting and painting requirements. For existing Tower sites, if redevelopment is considered, guyed Telecommunications Towers are the least desirable option and should be avoided where feasible;

6.       Subject to the requirements of this Chapter, more than one Telecommunication Facility may be attached to, or placed upon, the same Structure.

7.       Any Telecommunications Facility that is not in use for a period of three full years or more shall be removed by the Owner at the Owner's expense. Failure to remove the Telecommunications Facility pursuant to non-use may result in removal and assessment of cost to the property pursuant to K.S.A. 12-6a17.

8.       Any Owner of a Telecommunications Tower shall submit a letter to the Planning Director by July 1 of each year listing the current users and types of Telecommunications Antennas located on the Facility.

9.       A sign shall be posted on every Telecommunications Facility, or on the exterior fence around the Telecommunications Facility, noting the name and telephone number of the Telecommunications Facility Owner and operator.

10.   The 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 All Telecommunications Facilities shall be inspected annually at the Owner’s expense and an inspection report shall be filed with the Director of Planning. All Telecommunications Facilities may be inspected at any time by the Codes Enforcement Officer in order to determine compliance with original construction standards. Deviation from the original construction for which a permit is obtained constitutes a violation of this Code. Notice of violations will be sent by registered mail to the Telecommunications Facility operator who will have 30 days from the date the notification is issued to make adjustments or repairs. The operator shall notify the Codes Enforcement Officer in writing that the adjustments or repairs have been made, and, as soon as reasonably possible thereafter, another inspection will be made by the Codes Enforcement Officer to assess compliance. The operator shall then be notified of the results of the second inspection.  An appeal of the decision of the Codes Enforcement Officer can be made to the Board of Zoning Appeals in accordance with Sec. 20-1311.

 

 

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:

 

 

_______________________

Sue Hack, Mayor

 

 

 

 

 

 

ATTEST:

 

 

_______________________________________

Frank S. Reeb, City Clerk

 

 

 

APPROVED AS TO FORM AND LEGALITY:

 

 

_______________________________________     _____________

Toni Ramirez Wheeler                                                Date

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.