ORDINANCE NO. 8500

SPECIAL USE PERMIT NO. SUP-1-3-10

AN ORDINANCE PROVIDING FOR A SPECIAL USE PERMIT WITH RESPECT TO CERTAIN PROPERTY WITHIN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS COMMONLY KNOWN AS 3701 FRANKLIN PARK CIRCLE.

WHEREAS, proper application was made for a Special Use Permit for a Temporary Shelter for the property located at 3701 Franklin Park Circle and which property is currently zoned PID, Franklin Park [Planned Industrial] District; and

WHEREAS, pursuant to Chapter 20 of the “Code of the City of Lawrence, Kansas, 2009 Edition,” and amendments thereto, such use is permitted as a special use in the PID, Franklin Park [Planned Industrial] District; and

WHEREAS, after due and lawful notice and hearing, the Lawrence-Douglas County Metropolitan Planning Commission on March 22, 2010, recommended approval of a Special Use Permit for the property described in Section Two of this ordinance all within the City of Lawrence, Douglas County, Kansas.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION ONE. The above stated recitals are by reference incorporated herein, and shall be as effective as repeated verbatim.

SECTION TWO. Special Use Permit Granted. Pursuant to the regulations set forth in Section 20-1306 and Section 20-544 of Chapter 20 of the “Code of the City of Lawrence, Kansas, 2009 Edition,” and amendments thereto, permission is hereby granted to use in the manner set forth in Sections Three and Four, the following property commonly known as 3701 Franklin Park Circle, Lawrence, Kansas and legally described as follows:

LEGAL DESCRIPTION:

Lot 1, Final Plat of Franklin Park Addition No. 2, an addition to the City of Lawrence, Douglas County, Kansas

SECTION THREE. That the real property described in Section Two shall hereafter allow a Temporary Shelter use for an indefinite period of time.

All zoning ordinances or zoning regulations of the City of Lawrence, Kansas affecting the use of the real property described in Section Two which are inconsistent with this ordinance are hereby made inapplicable to the said property for said period of time.

SECTION FOUR. Conditions, Stipulations and Revocation. The special use permit granted in Sections Two and Three hereinabove in addition to the full compliance with any general provisions contained in Chapter 20 of the “Code of the City of Lawrence, Kansas, 2009 Edition,” and amendments thereto, 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 basis for the revocation of the special use permit in addition to those specified in Section 20-1306 and Section 20-544, to wit:

1. An ordinance per Section 20-1306(j) shall be published by staff.

2. Provision of a revised site plan to include the following notes and changes:

a. State that missing or diseased landscape shall be replaced as a condition of occupancy of the site.

b. Provision of a revised site plan to include a note that states maximum sleeping capacity shall not exceed 125 individuals.

3. Submittal of an annual report to the City Commission within the first calendar quarter of each year. The report shall include the number of guests who obtain jobs and housing, the number of guests who utilize the day and nighttime services, and an update on the on-going commitment to communicate with the surrounding neighborhood to address concerns of neighbors, and a statement of compliance with these conditions, the approved site plan, and the approved management plan.

4. A signed Site Plan Performance Agreement shall be submitted to the Planning Office.

5. Placement of a bus stop being located within a reasonable distance prior to occupancy of the building.

6. Applicant shall obtain all necessary building permits from the City prior to commencing construction and/or tenant improvements on the site for the special use permit within twelve (12) months of the effective date of this ordinance. The deadline to obtain building permits established by this condition may be extended by a ¾ majority vote of the full membership of the City Commission.

7. City Commission approval of a management plan prior to August 1, 2010. Applicant shall conduct a minimum of three (3) public meetings with neighbors, adjacent property owners and stakeholders regarding the management plan prior to City Commission approval of the Management Plan. Applicant shall obtain by a ¾ majority vote of the full membership of the City Commission approval of the Management Plan prior to August 1, 2010. Substantial modifications to the management plan, as determined by the Director of Planning and Development Services, that occur after City Commission approval as set forth herein, shall require a ¾ majority vote of the full membership of the City Commission.

SECTION FIVE. Effective Date. This ordinance shall take effect and be in force from and after its passage and publication as provided by law.

Passed by the Governing Body of the City of Lawrence, Kansas this ___ day of _______________, 2010.

APPROVED:

__________________________________

Mike Amyx, Mayor

ATTEST: