ORDINANCE NO. 9054

SPECIAL USE PERMIT NO. SUP-14-00312

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, GRANTING A SPECIAL USE PERMIT FOR A TELECOMMUNICATIONS TOWER ON THAT REAL PROPERTY COMMONLY KNOWN AS 1725 BULLENE 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. SUP-14-00312, for that real property, commonly known as 1725 Bullene Avenue, Lawrence, Douglas County, Kansas, and bearing the following legal description, to-wit:

LOT A IN BLOCK 9 OF SCOTT’S REPLAT OF PORTIONS OF BLOCKS 5 AND 9 IN HOMEWOOD GARDENS SUBURBAN ADDITION IN 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-14-00262, to have the following special use: Telecommunications Tower.

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) Prior to the release of the Site Plan for issuance of a Building Permit, the owner/applicant shall submit to the Planning Office the following:

(i)         Documentation establishing that the proposed enclosed area will encompass the entire Telecommunications Tower fall zone.

(ii)        Lighting details that show the fixture type, lamp type, size -- not to exceed 150 watts incandescent lighting -- and a cut-off feature that will shield and direct light downward.

(b)       The owner/applicant shall submit for approval by the Director of Planning a revised Site Plan that includes a landscape plan, showing additional landscaping to be incorporated at the site, including evergreen shrubs planted five (5) feet on center along the west half of the north property line to provide screening between the proposed Telecommunications Tower and the residentially zoned properties north of the site.

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. SUP-14-00312, 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 December, 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.