ORDINANCE NO. 8608
SPECIAL USE PERMIT NO. SUP-10-07-10
AN ORDINANCE PROVIDING FOR A SPECIAL USE PERMIT WITH RESPECT TO CERTAIN PROPERTY WITHIN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS COMMONLY KNOWN AS 345 FLORIDA STREET.
WHEREAS, proper application was made for a Special Use Permit for a Day Care Center for the property located at 345 Florida Street and which property is currently zoned RSO (Multi-Dwelling Residential Office) District; and
WHEREAS, pursuant to Chapter 20 of the “Code of the City of Lawrence, Kansas, 2011 Edition,” and amendments thereto, such use is permitted as a special use in the RSO (Multi-Dwelling Residential Office) District; and
WHEREAS, after due and lawful notice and hearing, the Lawrence-Douglas County Metropolitan Planning Commission on December 13, 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 Sections 20-1306 and 20- 507 of Chapter 20 of the “Code of the City of Lawrence, Kansas, 2011 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 345 Florida Street and legally described as follows:
LEGAL DESCRIPTION:
LOTS 8, 9 & 10, IN BLOCK 2, A REPLAT OF LOTS 5-18 INCL. BLOCK TWO-NORTHWOOD ADDITION; AND, LOT 1, MINNESOTA ADDITION, A REPLAT OF LOTS 11, 12 &13 IN THE REPLAT OF LOTS 5-18 INCL. BLOCK TWO-NORTHWOOD ADDITION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
SECTION THREE. That the real property described in Section Two shall hereafter allow a Day Care Center.
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 [insert period of time] 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, 2011 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 Sections 20-1306 and 20-507, to wit:
1. Execution of a Site Plan Performance Agreement.
2. Publication of an ordinance per Section 20-1306 (j).
3. Provision of a copy of the Health Department license prior to operation to be included in the record file of this application.
4. Provision of a revised site plan to include the following notes and changes:
a. Application shall be subject to review by Staff prior to the addition of before and after school care programs.
b. Provision of a revised site plan to show additional landscaping in the interior parking lot islands to include two trees and 6 shrubs.
c. Provision of a revised legal description to include the new minor subdivision.
d. Revise general note 6 on the face of the plan to indicate that the building is vacant.
e. Revise drawing to note the portion of the sanitary sewer main that will be abandoned in place under the new building.
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 January 2011.
APPROVED:
_____________________________
Mike Amyx, Mayor
ATTEST:
__________________________________
Jonathan M. Douglass, City Clerk
APPROVED AS TO FORM AND LEGALITY:
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Toni R. Wheeler
Director of the Legal Department
Publish one time and return one Proof of Publication to the City Clerk and one to the Director of Legal Services.