ORDINANCE NO. 8336
SPECIAL USE PERMIT NO. SUP-07-07-08
AN ORDINANCE PERTAINING TO ZONING: AUTHORIZING A SPECIAL USE PERMIT FOR CERTAIN PROPERTY LOCATED AT 1216 BILTMORE DRIVE, 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:
PROPERTY DESCRIPTION:
REPLAT OF LOT 1, STORMONT-VAIL ADDITION NO. 2, A SUBDIVISION IN THE CITY OF LAWRENCE, AND AN ADJACENT TRACT OF LAND IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1, THENCE SOUTH 01°51’18” EAST, ALONG THE EAST LINE OF SAID LOT 1, 208.29 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE SOUTH 60°52’45” WEST, ALONG THE SOUTHERLY LINE OF SAID LOT 1, 321.07 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE ALONG THE WEST LINE OF SAID LOT 1, ON A 740.00 FOOT RADIUS CURVE TO THE LEFT WITH A 159.82 FOOT CHORD BEARING NORTH 48°28’50” EAST ALONG THE NORTHERLY LINE OF SAID LOT 1, 202.68 FEET; THENCE NORTH 01°51’18” WEST, 92.68 FEET; THENCE NORTH 88°08’42” EAST, 217.50 FEET TO THE POINT OF BEGINNING. CONTAINS 1.856 ACRES, MORE OR LESS.
SECTION TWO: That the real property described in Section One shall hereafter allow a Special Use permit for an Extended Care Facility, General, with a maximum of 34 beds.
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[s] 20-1306, to wit:
1. . Execution of a Site Plan Performance Agreement.
2. Prior to the operation of the facility, applicant shall submittal a copy of their license(s) issued by one of the regulatory agencies of the State of Kansas to the Planning Office (as required per Development Code, Section 20-1701 for Extended Care Facility).
3. Recording of the Final Plat at the Register of Deeds Office for the property.
4. Provision of a SWP-3 (Storm Water Pollution Prevention Plan) to the approval of the Stormwater Engineer prior to the issuance of a building permit.
5. Review and approval of the Down Stream Sanitary Sewer Analysis by the Utility Engineer prior to the issuance of a building permit.
6. Provision of minor modifications to the site plan:
a. Property Surface Summary, existing summary total needs to equal project completion total.
b. Plant Schedule, Turf areas, of should be fescue or sod.
c. Lighting information and photometrics for the site per Sections 20-1305(f)(1)(xvi) & 20-1103.
d. Add …“to be platted as Lot 1, Block One of a Final Plat for Countryside.” to the end of the legal description.
e. Change the plat names on the elevations from ‘Lot 1, Block One, Stormont-Vail Addition No. 2’ to ‘Lot 1, Block One of a Final Plat for Countryside.”
7. Prior to the release of the site plan for a building permit, the applicant shall provide a written letter of approval from the adjacent property owner to the south (Lot 2, Block One, Stormont-Vail Addition No. 2) for the applicant’s proposed parking lot/landscape improvements to this adjacent property.
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 October, 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.