ORDINANCE NO. 9279
SPECIAL USE PERMIT NO. SUP-16-00217
AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, GRANTING A SPECIAL USE PERMIT FOR WHOLESALE STORAGE AND DISTRIBUTION, LIGHT, ON THAT REAL PROPERTY, COMMONLY KNOWN AS 1501 LEARNARD AVENUE, LAWRENCE, DOUGLAS COUNTY, KANSAS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION 1. In accordance with City of Lawrence, Kan., Code §§ 20-1306 and 20-1307(c)(2) (Jan. 1, 2015), as amended, the Governing Body of the City of Lawrence, Kansas, hereby grants to the owner/applicant Special Use Permit, No. SUP-16-00217, for that real property, commonly known as 1501 Learnard Avenue, Lawrence, Douglas County, Kansas, and bearing the following legal description, to-wit:
A TRACT OF LAND IN NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 13 SOUTH, RANGE 20 EAST OF THE 6TH PRINCIPAL MERIDIAN IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT 231 FEET EAST FROM THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 6; THENCE SOUTH 442 FEET, 2 INCHES; THENCE EAST 146 FEET; THENCE NORTH 125.1 FEET; THENCE EAST 250 FEET; THENCE NORTH 317 FEET; THENCE WEST 396 FEET TO POINT OF BEGINNING, LESS AND EXCEPT ANY PORTION THEREOF LYING IN LOT 1, PENCE ADDITION, AN ADDITION TO THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS
permitting that real property to have that special use set forth in Section 2, infra, subject to the conditions established in Section 3, infra.
SECTION 2. The City hereafter permits the subject real property, as granted in Section 1, supra, in accordance with Special Use Permit, No. SUP-16-00217 to have the following special use: Wholesale Storage and Distribution, Light.
SECTION 3. The Special Use Permit granted in Section 1, supra, and the permitted special use described in Section 2, supra, in addition to being subject to the general conditions established in Chapter 20 of the Code of the City of Lawrence, Kansas, 2015 Edition, as amended, is also subject to the following special conditions:
(a) Provision of a site plan performance agreement.
(b) Provision of shop drawings for the new manhole construction/connection and the inspection fee to the City Utilities Division for approval prior to the release of the Special Use Permit to Development Services for processing of a building permit.
(c) New manhole constructed and connected to service lines per utilities approval prior to release of Certificate of Occupancy.
(d) Prior to the release of the Special Use Permit for issuance of a building permit the applicant shall provide a revised drawing to include the following note:
“Alternative Compliance from the Bufferyard Requirement on the south property line was approved to allow the building itself to serve as a buffer. Alternative Compliance was approved based on site constraints, primarily the lack of area to the south of Building C to install a landscaped bufferyard, and the fact that the building serves as an effective screen for the facility and operations to the north.”
SECTION 4. Failure of the applicant, owner, or any successor or assign to abide by the requirements of Chapter 20 of the Code of the City of Lawrence, Kansas, 2015 Edition, as amended, or the special conditions established in Section 3, supra, shall be cause for the City to revoke Special Use Permit, No. SUP-16-00217, in accordance with City of Lawrence, Kan., Code § 20-1605 (Jan. 1, 2015), as amended.
SECTION 5. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.
SECTION 6. This ordinance shall be in full force and effect 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 August, 2016.
APPROVED:
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Mike Amyx
Mayor
ATTEST:
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Sherri Riedemann
City Clerk
APPROVED AS TO FORM:
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Toni R. Wheeler
City Attorney
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NOTICE TO PUBLISHER
Publish once and return one Proof of Publication to the City Clerk and one to the City Attorney.