ORDINANCE NO. 8997

SPECIAL USE PERMIT NO. 14-00110

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, GRANTING A SPECIAL USE PERMIT FOR a SCHOOL, "THE LAWRENCE COLLEGE AND CAREER CENTER," ON THAT REAL PROPERTY, COMMONLY KNOWN AS 2900 - 2920 Haskell Avenue (GENERALLY LOCATED east of the proposed relocatION OF Haskell 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)  (July 1, 2013), as amended, the Governing Body of the City of Lawrence, Kansas, hereby grants to the owner/applicant Special Use Permit, No. 14-00110, for that real property, commonly known as 2900 – 2920 Haskell Avenue, Lawrence, Douglas County, Kansas, and bearing the following legal description, to-wit:

A TRACT OF LAND IN LOT 1 KING INDUSTRIAL PARK SUBDIVISION, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1, SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT 37 MARY'S LAKE ADDITION, AN ADDITION TO THE CITY OF LAWRENCE, DOUGLAS COUNTY KANSAS; THENCE SOUTH 01°29'00" EAST, ALONG THE WEST LINE OF SAID MARY'S LAKE ADDITION 359.69 FEET, THENCE SOUTH 88°29'30" WEST, 291.45 FEET, THENCE SOUTH 01°30'30" WEST, 111.02 FEET, THENCE SOUTH 88°29'30"WEST,99.43 FEET, THENCE SOUTH 01°30'30" WEST, 176.51 FEET, THENCE S 88°29'30" WEST, 224.12 FEET, THENCE NORTH 44°44'27" WEST, ALONG SAID RIGHT-OF-WAY EASEMENT, 783.42 FEET, THENCE NORTH 17°15'28" WEST, 62.15 FEET, TO THE SOUTH LINE OF CHAPARRAL, AN ADDITION TO THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS; THENCE NORTH 87°40'37" EAST, 1168.89 FEET ALONG THE SOUTH LINE OF SAID CHAPARRAL AND THE SOUTH LINE OF LOT 39 IN SAID MARY'S LAKE ADDITION TO THE POINT OF BEGINNING. CONTAINING 11.066 ACRES, MORE OR LESS.

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.14-00110 to have the following special use: School, "The Lawrence College and Career Center."

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, 2013 Edition, as amended, is also subject to the following special conditions:

a.         The applicant shall provide a revised site plan with the following changes:

(i)         The revised site plan shall show, graphically, the dedicated cross access easement that is to be provided from Haskell Avenue to proposed Lot 2.

(ii)        The revised site plan shall show, graphically, the dedicated utility easement for the existing sanitary sewer service line that connects the existing EDC building with the sanitary sewer main along the north property line.

(iii)       The revised site plan shall include a note indicating that either a temporary asphalt curb or wheel stops will be provided along the north edge of the Phase 1 northernmost parking bay.

(iv)       The revised site plan shall include an Exhibit identifying the extent of Phase 2 improvements and a note indicating that subsequent site plan revisions to the Institutional Development Plan may be processed administratively.

(v)        The revised site plan shall include a note stating that lighting fixtures shall be provided with full cut-off fixtures and be directed downward.

b.         The revised site plan shall be reviewed and approved by the City's Departments of Public Works, Utilities, and Parks and Recreation.

c.         The applicant shall provide a photometric plan, including lighting fixture details, for review and approval prior to the issuance of any building permit.

d.         The applicant shall execute a site plan performance agreement.

e.         The approved Institutional Development Plan shall be filed with the Office of the Register of Deeds for Douglas County, Kansas, and this ordinance, granting the special use permit shall be published in accordance with state law.

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, 2013 Edition, as amended, or the special conditions established in Section 3, supra, shall be cause for the City to revoke Special Use Permit, No. 14-00110, in accordance with City of Lawrence, Kan., Code § 20-1605 (July 1, 2013), 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 June, 2014.

 APPROVED:

___________________________________

Mike Amyx

Mayor

ATTEST:

__________________________________

Diane Trybom

Acting City Clerk

APPROVED AS TO FORM AND LEGALITY:                   

__________________________________

Toni R. Wheeler

City Attorney

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NOTICE TO PUBLISHER

Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.