ORDINANCE NO. 9418

SPECIAL USE PERMIT NO. SUP-17-00496

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, GRANTING A SPECIAL USE PERMIT FOR MANUFACTURING AND PRODUCTION, LIMITED, AND RETAIL, GENERAL ON THAT REAL PROPERTY, COMMONLY KNOWN AS 401 ELM STREET, 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-17-00496, for that real property, commonly known as 401 Elm Street, Lawrence, Douglas County, Kansas, and bearing the following legal description, to-wit:

LOT 168 ON ELM STREET IN BLOCK 4 IN THAT PART OF THE CITY OF LAWRENCE KNOWN AS NORTH LAWRENCE, DOUGLAS COUNTY, KANSAS

permitting that real property to have those special uses 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-17-00496, to have the following special uses: (a) Manufacturing and Production, Limited, and (b) Retail, General.

SECTION 3. The Special Use Permit granted in Section 1, supra, and the permitted special uses described in Section 2, supra, are 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 conditions:

(a) The owner/applicant shall execute a site plan performance agreement.

(b) The owner/applicant shall provide a revised site plan showing the dimensions of the on-street parking spaces to comply with design standards.

(c) The owner/applicant shall provide a revised site plan with the following note:

“The hours of operation associated with the use of heavy machinery that is audible off-site, associated with the Manufacturing and Production, Limited, use, shall be limited to the hours between 7:00 o’clock a.m. and 9:00 o’clock p.m., inclusive. There are no restrictions on business activities that are not related to the use of machinery that is audible off-site. Any increase in the hours of operation for the use of heavy machinery that is audible off-site, associated with the Manufacturing and Production, Limited, use, shall be subject to review and recommendation by the Planning Commission and approval by the City Commission.”

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 to comply with the conditions established at Section 3 of this Ordinance shall be cause for the City to revoke Special Use Permit, No. SUP-17-00496, 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 November, 2017.

 APPROVED:

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Leslie Soden

Mayor

ATTEST:

__________________________________

Sherri Riedemann

City Clerk

APPROVED AS TO FORM:                   

__________________________________

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.