ORDINANCE NO. 9020

AMENDING SPECIAL USE PERMIT NO. SUP-1-3-10

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING ORDINANCE NO 8500, AMENDING SPECIAL USE PERMIT NO. SUP-1-3-10, AND REPEALING EXISTING ORDINANCE NO. 8500.

WHEREAS, on April 27, 2010, through City of Lawrence, Kan., Ord. No. 8500 (Apr. 27, 2010), the Governing Body granted to the owner of record of what was then commonly known as 3701 Franklin Park Circle and is now commonly known as 3655 East 25th Street, the legal description of which is set forth at Section 1, infra, a Special Use Permit, SUP-1-3-10, permitting it to operate thereon a Temporary Shelter, subject to certain enumerated conditions;

WHEREAS, by letter dated, April 29, 2014, the owner of record of the subject property requested that the City reconsider and amend one of the conditions of the Special Use Permit, SUP 1-3-10, specifically to permit it, during colder weather, to increase the maximum sleeping capacity of the facility from 125 to 140 persons;

WHEREAS, City Staff reviewed the landowner's April 29, 2014, request, reviewed the Site Plan, made an interior inspection of the facilities, and recommended to the Governing Body that it grant the landowner's request; and

WHEREAS, on June 24, 2014, at its scheduled regular meeting, the Governing Body considered the landowner's request, the recommendation of City Staff, and comments from the public, and granted the landowner's request, amending SUP-1-3-10 to permit the Temporary Shelter use to increase, on those nights where the temperature is 40° F. or colder  the maximum sleeping capacity of the facility from 125 persons to 140 persons and retaining all other terms of the original conditions, including those that have already been met.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1. The above-stated recitals are incorporated herein by reference and shall be as effective as if repeated verbatim.

SECTION 2. In accordance with City of Lawrence, Kan., Code § 20-1306(l) (July 1, 2013), as amended, the governing body of the City of Lawrence, Kansas, hereby amends Special Use Permit, No. SUP 1-3-10, for the following legally described real property, located in the City of Lawrence, Douglas County, Kansas, to-wit:

Lot 1, Final Plat of Franklin Park Addition No. 2, an addition to the City of Lawrence, Douglas County, Kansas

permitting the subject real property to have those uses set forth in Section 3, infra, subject to the conditions established in Section 4, infra.

SECTION 3. The City hereafter permits the subject real property, as granted in Section 2, supra, in accordance with Special Use Permit, No. SUP-1-3-10, as herein amended, to have the following use: Temporary Shelter.

SECTION 4. The Special Use Permit granted in Section 1, supra, and the permitted use set forth 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.         Staff shall publish an ordinance per Section 20-1306(j).

b.         The applicant shall provide a revised Site Plan including the following:

(i)         The revised Site Plan shall state that missing or diseased landscape shall be replaced as a condition of occupancy of the site.

(ii)        The revised Site Plan shall include a note that states as follows: "The maximum sleeping capacity shall not exceed 125 persons, except on those nights when the outside temperature is 40° F. or colder. On those nights when the outside temperature is 40° F. or colder, the maximum sleeping capacity shall not exceed 140 persons."

c.         The applicant shall submit to the Governing Body an annual report within the first calendar quarter of each year. The report shall include the number of guests who have obtained jobs and housing, the number of guests who utilize the applicant's daytime and nighttime services, an update on the applicant's on-going commitment to communicate with the surrounding neighborhood to address its concerns, and a statement of compliance with these conditions, the approved revised Site Plan, and the approved Management Plan.

d.         The applicant shall submit to the Planning Office a signed Site Plan Performance Agreement.

e.         The applicant shall locate and place a bus stop within a reasonable walking distance from the Temporary Shelter prior to occupancy of the building.

f.          The applicant shall obtain all necessary building permits from the City prior to commencing             construction and/or tenant improvements on the site for the special use permit within twelve (12) months of the effective date of this ordinance.  The deadline to obtain             building permits established by this condition may be extended by a ¾ majority vote of       the full membership of the Governing Body.

g.         The Governing Body shall approve a Management Plan no later than August 1, 2010. The applicant shall conduct a minimum of three (3) public meetings with neighbors, adjacent property owners, and stakeholders regarding the Management Plan prior to the Governing Body's consideration of the Management Plan. The applicant shall obtain, by a ¾ majority vote of the full membership of the Governing Body, approval of the Management Plan no later than August 1, 2010. Any substantial modifications to the Management Plan, as determined by the Director of Planning and Development Services, that occur after the Governing Body's approval, as set forth herein, shall require a ¾ majority vote of the full membership of the Governing Body.

h.         The Management Plan shall include:

(i)         Rights and Responsibilities Document;

(ii)        Actions and Consequences Document;

(iii)       Good Neighbor Agreement; and

(iv)       Safety Plan.

i. The applicant shall provide notice of the three (3) public meetings, required in Section 3(g), by mail to the owners of the same properties notified in the March 22, 2010, Lawrence-Douglas County Metropolitan Planning Commission public hearing on the Special Use Permit Application.

j.          The Management Plan will be presented at the three (3) public meetings and shall be posted on the Lawrence Community Shelter and City of Lawrence websites not less than seven (7) days prior to the date of each meeting.

SECTION 5. 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, 2011 Edition, as amended, or the special condition established in Section 3, supra, shall be cause for the City to revoke Special Use Permit, No. SUP-1-3-10, in accordance with City of Lawrence, Kan., Code §§ 20-1306(l) and 20-1605 (July 1, 2013), as amended.

SECTION 6. City of Lawrence, Kan., Ord. No. 8500 (Apr. 27, 2010) is hereby repealed in its entirety, it being the intent of the Governing Body that the terms and conditions of this Ordinance supersede it.

SECTION 7. 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 8:  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 __________, 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.