Memorandum

City of Lawrence

Planning & Development Services

 

TO:

David L. Corliss, City Manager

 

FROM:

Mary Miller, Planning Staff

 

CC:

Dianne Stoddard, Assistant City Manager

Cynthia Wagner, Assistant City Manager

Scott McCullough, Planning and Development Services Director

 

Date:

For July 12, 2011

 

RE:

License Agreement for use and maintenance of Naismith Street right-of-way adjacent to 1301 W 23rd Street.

 

Attachments:  A—Location Map

                        B—Aerial Photo

                        C—Site Plan for 1301 W 23rd Street

                        D—License Agreement

 

 

The Planning Director administratively approved a Site Plan, SP-3-15-11, for a food and beverage sales (grocery store) commercial building at 1301 W 23rd Street on May 31, 2011, subject to conditions of approval. One of the conditions was the execution of a license agreement for the use and maintenance of the access drive located in the Naismith Drive right-of-way. The approved site plan includes a drive connecting the parking/loading area at 1301 W 23rd Street to the existing access  located within the Naismith Drive right-of-way. (See Attachments B and C) This connection will allow delivery trucks to enter and exit on Naismith Drive. The aerial photo in Attachment B shows the location of the existing access drive and the site plan in Attachment C shows the connecting drive, partly located within the right-of-way, to be constructed with the Vitamin Cottage Natural Food Grocer on 1301 W 23rd Street.

 

The existing access drive was constructed by the property owner of the Port ‘o Call Shopping Center in the 1970’s and has been maintained by same owner over the years; however, no license agreement was executed at that time. A license agreement has been executed with the proposed construction of a drive connecting the existing access drive to 1301 W 23rd Street.

 

The license agreement permits the property owners at 1301 and 1501 W 23rd Street to utilize the access drive and establishes responsibility for the maintenance of the access drive and the adjacent landscaped area to the property owner of 1301 W 23rd Street. The agreement is included with this memo as Attachment D.

 

Requested Action

Approve the license agreement for the use and maintenance of the access drives located in the Naismith Drive right-of-way adjacent to 1301 W 23rd Street.



 

General Location Map of 1301 W 23rd Street.  Subject property shown in black.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Aerial Photo of 1301 W 23rd Street area.

Private drive in Naismith Drive right-of-way marked with red dashed line.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved Site Plan [SP-3-15-11] for Food and Beverage Sales at 1301 W 23rd Street.

Private drive in Naismith Drive  marked with red dashed line.

Connecting drive shown on the site plan will connect 1301 W 23rd to the private drive.