ORDINANCE NO. 8619
SPECIAL USE PERMIT NO. SUP-12-9-10
AN ORDINANCE PROVIDING FOR A SPECIAL USE PERMIT WITH RESPECT TO CERTAIN PROPERTY WITHIN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS COMMONLY KNOWN AS SUITE A, 4000 W 6th STREET.
WHEREAS, proper application was made for a Special Use Permit for a Fast Order Food with Drive-in. for the property located at Suite A, 4000 W 6th Street and which property is currently zoned CN2; 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 CN2 District; and
WHEREAS, after due and lawful notice and hearing, the Lawrence-Douglas County Metropolitan Planning Commission on February 23, 2011 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 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 Suite A, 4000 W 6th Street and legally described as follows:
Lot 1B in the Lot Split of Lot 1 Monterey No. 7 Addition, an Addition to the City of Lawrence, Douglas County, Kansas
SECTION THREE. That the real property described in Section Two shall hereafter allow a Fast Order Food with Drive-in.
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.
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 Section 20-1306, to wit:
1. The applicant shall provide an exhibit for recording with the previously approved Final Development Plans for the Monterey Center with the following:
a. Clearly delineates the property being rezoned to the CN2 District, and the area which remains in the Planned Development.
b. Notes that uses permitted in the PCD-1 District are permitted on the remaining portion of the Planned Development, but uses permitted in the CN2 District are permitted on Lot 1B.
c. Provides a parking summary for the entire development and for Lot 1B Monterey Addition.
d. Includes the following Note: “The parking requirements for the Commercial Development will continue to be evaluated based on the entire commercial development, including the portion that retains the PCD-[Monterey Center] zoning and Lot 1B, which is zoned CN2.
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 March, 2011
APPROVED:
_____________________________
Mike Amyx, Mayor
ATTEST:
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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.