ORDINANCE NO. 9444

SPECIAL USE PERMIT NO. SUP-17-00690

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, GRANTING A SPECIAL USE PERMIT FOR CLEANING (CAR WASH) ON THAT REAL PROPERTY, COMMONLY KNOWN AS 3900 WEST 6TH 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, 2018), as amended, the Governing Body of the City of Lawrence, Kansas, hereby grants to the owner/applicant Special Use Permit, No. SUP-17-00690, for that real property, commonly known as 3900 West 6th Street, Lawrence, Douglas County, Kansas, and bearing the following legal description, to-wit:

LOT 2, MONTEREY NO. 8 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-17-00690, to have the following special use: Cleaning (Car Wash).

SECTION 3. The Special Use Permit granted in Section 1, supra, and the permitted special use 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, and is also subject to the following conditions:

(a)        The owner/applicant shall execute a Site Plan Performance Agreement.

(b)       The owner/supplicant shall record or cause to be recorded a Minor Subdivision for Monterey No. 8 Addition with the Register of Deeds prior to the Planning Department’s release of the Special Use Site Plan to Development Services for the processing of any building permits.

(c)        The owner/applicant shall submit to the Planning Department a revised Special Use Site Plan with the following changes:

(i)         The Site Plan shall be revised to comply with the Master Street Tree Plan.

(ii)        The Site Plan shall be revised to include the following note: “The Board of Zoning Appeals approved a variance from the 50-foot setback required by Section 20-814 of the City Code to allow a reduced 40-foot setback from West 6th Street, contingent upon approval of a Special Use Permit.”

(iii)       The Site Plan shall be revised to show the site summary and parking tables, as noted in the Planning Department’s Staff Report.

(iv)       The Site Plan shall be revised to show the relocated ADA accessible parking space.

(v)        The Site Plan shall be revised to correct the Lot labels and legal description, corresponding to the updated Minor Subdivision.

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, 2018 Edition, as amended, shall be cause for the City to revoke Special Use Permit, No. SUP-17-00690, in accordance with City of Lawrence, Kan., Code § 20-1605 (Jan. 1, 2018), 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 March, 2018.

 APPROVED:

___________________________________

Stuart Boley

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.