ORDINANCE NO. 8616
SPECIAL USE PERMIT NO. SUP-12-10-10
AN ORDINANCE PROVIDING FOR A SPECIAL USE PERMIT WITH RESPECT TO CERTAIN PROPERTY WITHIN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS COMMONLY KNOWN AS 944 Kentucky Street/214 W. 10th Street
WHEREAS, proper application was made for a Special Use Permit for the renewal of a temporary shelter for the property located at 944 Kentucky Street/214 W. 10th Street and which property is currently zoned RMO (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 RMO (Multi-Dwelling Residential-Office) 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 944 Kentucky Street/214 W. 10th Street and legally described as follows:
LEGAL DESCRIPTION:
Lots 90 and 92 on Kentucky Street in the Original Townsite of the City of Lawrence, Douglas County, Kansas
SECTION THREE. That the real property described in Section Two shall hereafter allow a Temporary Shelter with a maximum capacity, year round, not to exceed 81 persons (including staff) to expire on April 30, 2012.
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 one year, to expire on April 30, 2012, 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 Section 20-1306, to wit:
1. SUP approval granted for period of one year to expire April 30, 2012.
2. Submittal of quarterly reports to the City Commission regarding the status of fundraising and construction progress for a permanent facility.
3. Submittal of an annual report to the Planning Office within the first calendar quarter of the year.
a. The report shall include: a listing of law enforcement & emergency response calls, a log of guests who obtain jobs and housing, numbers of guests who utilize the day and nighttime services, and an update on the on-going commitment to communicate with the surrounding neighborhood and to address concerns of neighbors.
4. Revision of the site plan to update notes to state:
a. Identification of expiration dates, HRC, PC and CC action dates, as necessary to reflect SUP-12-10-10 approvals.
b. Amend existing notes “D and E” to states; “The noncompliant fence and carport will be removed when the SUP expires or when the Shelter moves to a new location. (Condition of DR-10-118-09)”
c. Modify plan to indicate improvements shown were completed following the 2009 approval. (Show site conditions as they are now.)
d. Modify table summary to provide building summary for total building.
5. Execution of a new Site Plan Performance Agreement.
SECTION FIVE. Ordinance Number 8493 is hereby repealed.
SECTION SIX. 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:
__________________________________
Jonathan M. Douglass, City Clerk
APPROVED AS TO FORM AND LEGALITY:
__________________________________
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 the Legal Department.