ORDINANCE NO. 8321

 

SPECIAL USE PERMIT NO. SUP-07-05-08

 

 

AN ORDINANCE PERTAINING TO ZONING: AUTHORIZING A SPECIAL USE PERMIT FOR CERTAIN PROPERTY LOCATED AT 4700 OVERLAND DRIVE.

 

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 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:

28-12-19 BEG AT NE COR SW ¼ TH S01DEG55’21”E 1135.02 FT ALONG E LINE SD SW ¼ TH N88DEG11’38”E 33 FT TH S01DEG55’21”E 191.55 FT TH S88DEG12’34”W 330 FT TH N33DEG46’17”W 601.37 FT TH ON A 1000 FOOT RADIUS CURVE TO THE RIGHT ARC DISTANCE 494.94 FT WITH CHORD BEARING N19DEG35’32”W 489.91 FT TH NODEG24’48”W 350.77 FT TO N LINE SD SW ¼ TH N88DEG12’50”E 784.39 FT ALONG SD N LINE TO PT BEG 19.07A (ANNEXED TO CITY OF LAWRENCE ORD NO 7242 ADOPTED 08/08/2000 BK 683/168 REPLACES 800194B); AND FREE STATE ADDITION, BLOCK 1, LOTS 1 AND 2. ALL IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS. THE ABOVE DESCRIBED PROPERTIES CONTAIN 79.156 ACRES MORE OR LESS.

 

SECTION TWO: That the real property described in Section One shall hereafter allow for the construction of improvements to Athletic Fields (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.       Platting of the unplatted western portion of the property prior to any building permits being issued on the unplatted area.

5.       Revision of the site plan to provide the following:

a.       Revise the acres listed in the Legal Description.

b.       Update the site impervious summary to include the entire 72.6 acre property.

c.       Provide missing sidewalk connections from the parking lots and Overland Drive to the athletic fields and from the new parking lot to the High School Building.

d.       Label the number of parking spaces in front of the south side of the high school entrance and along the east driveway.

e.       Provision of additional details related to bleacher height, light pole heights, and hours of operation for field lights.

f.        Provision of corrected parking summary regarding required and provided parking based on multiple uses on site per Development Code requirements.

g.       Expansion of parking summary to identify number of existing spaces, net proposed spaces and total spaces ultimately to be developed.

h.       Correction of Building Use summary to indicate number of students based on 08/2008 District Preliminary Enrollment Report.

i.         Provision of additional dimensions and corrections to cross sections to accurately reflect proposed improvements and existing structures.

j.        Notation that litter will be monitored and picked up on a regular basis.

k.       Notation regarding the height of screen fencing that will be provided at softball backstop and soccer fields to minimize ‘fly balls’ potential.

l.         Specific location of concession/restrooms at football field prior to release of plan for permits (under bleachers or stand-alone buildings, not both).

m.     Show the interior and perimeter parking lot landscape calculations per Sections 20-1003 and 20-1004.

6.       Approval of a photometric plan (submitted on 08/21/08).

7.       Provide and comply with the manufacturer’s specifications for bleachers (with specific size and height info).

8.       Approval of a revised traffic impact study and inclusion of any recommended improvements (if determined necessary following staff review).

9.       Approval of a revised downstream sanitary sewer study and inclusion of any recommended improvements (if determined necessary following staff review).

 

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.