ORDINANCE NO. 8320
SPECIAL USE PERMIT NO. SUP-07-06-08
AN ORDINANCE PERTAINING TO ZONING: AUTHORIZING A SPECIAL USE PERMIT FOR CERTAIN PROPERTY LOCATED AT 2145 AND 2201 LOUISIANA STREET.
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, Kansas Section 20-1306 and Section 20-1307 an Institutional Development Plan is approved and permission is hereby granted to use in the manner set forth in Sections Two and Three, the following described property:
PROPERTY DESCRIPTION:
1-13-19 COMMENCING FROM THE NE CORNER OF THE SOUTH ½ OF THE SOUTEAST ¼, THENCE SOUTH 0 DEG 32’46” WEST 663.14 FEET, SAID POINT OF BEING CENTER LINE LOUISIANA STREET; THENCE SOUTH 89 DEG 57’59” WEST 33 FEET SAID POINT OF BEING ON WEST RIGHT-OF-WAY LINE LOUISIANA STREET; THENCE SOUTH 0 DEG 32’46” WEST 363.65 FEET, SAID POINT OF BEING NORTHEAST CORNER LOUISIANA PURCHASE ADDITION AND WEST RIGHT-OF-WAY LINE LOUISIANA STREET; THENCE NORTH 9 DEG 55’05” WEST 507.29 FEET, THENCE NORTH 0 DEG 26’42” EAST 362.64 FEET; THENCE NORTH 89 DEG 58’06” EAST 507.94 FEET TO POINT OF BEGINNING MORE OR LESS 4.3 ACRES; AND MEADOW ACRES BLOCK 4 LOTS 4, 5 & 6; ALSO 1-13-19 NORTH 5 ACRES OF SOUTH 15 ACRES OF THE EAST ½ OF THE SOUTHEAST ¼ OF THE SOUTHEST ¼ LESS THE RIGHT-OF-WAY MORE OR LESS 5 ACRES.
SECTION TWO: That the real property described in Section One shall hereafter allow for the construction of Athletic Fields/Tennis Courts (with bleachers, lights, restrooms, parking facilities, public address system, and concessions) as accessory uses to the principal school use.
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.
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, Kansas 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[s] 20-1306 and Section 20-1307, to wit:
1. Execution of a Site Plan Performance Agreement.
2. Per Section 20-1307(e), recording of the Institutional Development Plan (Site Plan) at the Register of Deeds Office.
3. Prior to building permits being issued for any of the athletic field light poles, the applicant shall either revise the site plan to show conformance with the 60’ height limit of such poles, gain approval of a variance to exceed the 60’ height limit or gain approval of a text amendment that provides for heights greater than 60’.
4. The applicant shall plat the property prior to the release of the site plan for issuance of a building permit.
5. Per City Code Chapter IX Article 9-903(B), a stormwater pollution prevention plan (SWP3) must be provided for this project. This project will not be released for building permits until an approved SWP3 has been obtained. Construction activity, including soil disturbance or removal of vegetation shall not commence until an approved SWP3 has been obtained.
6. Revisions of the site plan to provide the following:
a. Rename the title similar to “Special Use Permit for Virtual School tennis courts, ball field, and parking lot.”
b. Update the legal description to include the entire site.
c. Provide the required number of bicycle racks.
d. Provide sidewalk connections at the northwest corner of the parking lot to the Greever Street sidewalk and a handicap ramp from the Greever Street sidewalk to Greever Street.
e. Show the required accessible parking spaces.
f. Provide width dimensions of the parking lot aisles.
g. Provide the required concrete aprons from the parking lot to the street.
h. Correct the spelling of the ‘Fairgrounds’ Addition Plat to the east.
i. Reconstruction of sidewalks along the Greever Street and Louisiana Street frontages to meet current 5’ and 6’ width standards.
j. Provision of additional details related to bleacher height, light pole heights, hours of operation for field and tennis court lights.
k. Provision of corrected parking summary regarding required and provided parking based on multiple uses on site per Development Code requirements.
l. Expansion of parking summary to identify number of existing spaces, net proposed spaces and total spaces ultimately to be developed.
m. Notation that litter will be monitored and picked up on a regular basis.
n. Notation that no gate is proposed along the western perimeter fence (W. 22nd Street/W. 22nd Terrace).
o. Approval of a photometric plan (submitted -8/21/08).
p. Provide and comply with the manufacturer’s specifications for bleachers (with specific size and height information).
q. Include the landscaping on the west side of the Tennis Courts in the landscape schedule. Update quantities on landscape schedule – Marshall Seedless Ash.
r. A recorded Utility Easement will need to be shown for the sanitary sewer force main.
s. Remove condition no. 12 as it just states, “This site plan has been”.
t. Show the interior parking lot and perimeter landscape calculations per Sections 20-1003 and 20-1004.
7. Approval of a revised traffic impact study and inclusion of any recommended improvements (if determined necessary following staff review).
8. Approval of a revised downstream sanitary sewer study and including of any recommended improvements (if determined necessary following staff review).
9. Provision of an operating agreement between the City and the applicant regarding the maximum level of activity at the athletic fields, including the number of days of use and the hours of operation.
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 and after its passage and publication as provided by law.
Passed by the Governing Body this _____ day of ___________, 2008.
APPROVED:
_______________________
Michael Dever
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.