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
BE
IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
Section One: Special Use Permit
Granted: Pursuant to the regulations set
forth in the Code of the City of
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
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
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:
_______________________
Sue Hack, Mayor
ATTEST:
_______________________________________
Frank S. Reeb, City Clerk
APPROVED AS TO FORM AND LEGALITY:
_______________________________________
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.