ORDINANCE NO. 8159

 

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

 

 

AN ORDINANCE PERTAINING TO ZONING: AUTHORIZING A SPECIAL USE PERMIT FOR CERTAIN PROPERTY LOCATED AT BURCHAM PARK.

 

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 Two and Three, the following described property:

 

Property commonly known as Burcham Park, Lawrence, Kansas. Legal Description: West Lawrence Block 1, Lots 1, 2, 3 and 4; also a tract of land within Section 25-12-19, beginning at an iron pin on north city limits City of Lawrence, Kansas & 308.00 west of the east line of Section 25; thence continuing west along north city limits 169.00’ to a point on east right-of-way line of the Atchison/Topeka & Santa Fe Railroad, being 25.00’ east of the centerline of original right-of-way of the Atchison/Topeka & Santa Fe Railroad & 308.00’ west of the east line of Section 25; thence south parallel to the east line of Section 25 & along east right-of-way line of the Atchison/Topeka & Santa Fe Railroad (now abandoned) 878.00’ to a point beginning in the northeast ¼; also beginning at the northeast corner Lot 1, Block 1 West Lawrence Addition; thence north  to the center of Brewery Brook; thence northwest to the east line of the Atchison/Topeka & Santa Fe Railroad; thence south  to the north boundary of said Lot 1; thence east to the point of beginning in north ½ of the northeast ¼ of said section. Containing 12.77 Acres more or less.

 

Also that part of Block 16 West Lawrence Addition, lying east of the Atchison/Topeka & Santa Fe Railroad right-of-way. Also all vacated streets and abandoned railroad right-of-way accruing thereto. Also part of Section 30, T12S-R20E, Lot 1 in northwest ¼ said section, less that part north of Brewery Brook, containing 3.25 acres more or less. Parcel Plate/Record ID numbers as recorded at the Douglas County Clerk’s Office U05154A02 and U14247A.

 

Section Two: That the real property described in Section One shall hereafter allow for a KU Boathouse and Dock Facility as active recreation within the Open Space Zoning District.

 

All Zoning ordinances or Zoning regulations of the City of Lawrence, Kansas affecting the use of the real property described in Section One which are inconsistent with this ordinance are hereby made inapplicable to the said property for such time as the Special Use Permit is in effect.

 

Section Three:  The special use permit granted in Sections One and Two 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 lease agreement and/or a development agreement between the City of Lawrence and the University of Kansas.

2.       Completion of conditions of approval from the Historic Resources Commission [DR-05-69-07] and Board of Zoning Appeals [B-06-07-07].

3.       Publication of a Special Use Permit 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. 

 

Passed 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.