ORDINANCE NO. 8242
SPECIAL USE PERMIT NO. SUP-12-10-07
AN ORDINANCE PERTAINING TO ZONING: AUTHORIZING A SPECIAL USE PERMIT FOR CERTAIN PROPERTY LOCATED AT 714 VERMONT 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 Two and Three, the following described property:
Beginning at the Southeast corner of Lot 24 on Vermont Street in the Original Townsite of the City of Lawrence, Douglas County, Kansas; thence North 0.35 feet; thence West on angle to the Southwest corner of Lot 24; thence East along the South line of Lot 24 to the point of beginning. Also, all of Vermont Street Lots 26, 28, and the North 10.3 feet of Lot 30 in the Original Townsite of the City of Lawrence, Douglas County, Kansas.
Section Two: That the real property described in Section One shall hereafter allow a granite shop, a limited manufacturing and production use as defined in Section 20-1739 of the “Code of the City of Lawrence, 2008 Edition.”
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 said period of time.
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. Provision of a revised Site Plan with the following changes:
a The following general note must be added: “Per City Code Section 9-902, the outdoor dining area will be managed to prevent stormwater pollution. Food waste, trash, cigarettes, and other solid wastes will be collected and disposed of properly. Fluid waste, including wastewater from pavement or furniture cleaning, will be collected and discharged to the sanitary sewer system.”
b The sidewalk dining area must be shown and labeled on the plan.
c Note 1.3 under ‘Project Summary’ must be revised to reference that the CD (not the C-3) Zoning District is exempt from the off-street parking requirement.
d Project Summary notes 1.2 and 1.3 for current and proposed uses must be revised to change ‘office’ to ‘tattoo parlor or tattoo shop’ and to include ‘parking garage’.
e The following note must be added to the plan:
“The granite shop is subject to the following conditions: Employment may not exceed 20 employees, no outside storage of materials or products is permitted, and if goods are displayed or sold on-site, this must be a subordinate part of total sales.”
2. The property is located within the environs of properties listed on the National and Lawrence Registers of Historic Places and is also located in the Downtown Conservation Overlay District. The change of use must be approved by the Historic Resource Commission before the SUP Ordinance is considered by the City Commission.
3. An Agreement Not to Protest the Formation of a Benefit District for Street Light Improvements must be executed before the Special Use Permit Site Plan is released for building permits.
4. A photometric plan must be provided and approved prior to the installation of any exterior lighting when exterior lighting is proposed.
5. The Special Use Permit for the limited manufacturing and production use is restricted to only the location specified in the site plan associated with the Special Use Permit and cannot be expanded without the approval of the Governing Body.
Section Four: Severability. If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.
Section Five: This ordinance shall take affect and be in force from April ___, 2008 after its passage and publication as provided by law.
Passed by the Governing Body this ___ day of April, 2008.
APPROVED:
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Sue Hack, Mayor
ATTEST:
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Frank S. Reeb, City Clerk
APPROVED AS TO FORM AND LEGALITY:
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Toni Ramirez Wheeler
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.