ORDINANCE NO. 9089

SPECIAL USE PERMIT NO. SUP-14-00488

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, GRANTING A SPECIAL USE PERMIT FOR A  DAY CARE CENTER ON THAT REAL PROPERTY COMMONLY KNOWN AS 1100 KASOLD DRIVE, 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-14-00488, for that real property commonly known as 1100 Kasold Drive, Lawrence, Douglas County, Kansas, and bearing the following legal description, to-wit:

LOT 12, BLOCK 4, ORCHARDS NO. 4 SUBDIVISION, 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 imposed 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-14-00488, to have the following special use: Day Care 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, 2015 Edition, as amended, is also subject to the following special conditions:

 (a)       Provision of a revised site plan that includes the following:

(i) The revised site plan shall identify the permitted special use, the number of students, and the hours of operation.

(ii)        The revised site plan shall identify the area/location of outdoor play.

(iii)       The revised site plan shall include a note stating that City review is required before any change in the Day Care Center owner/operator becomes effective.

(b)       Publication of this Ordinance in accordance with City of Lawrence, Kan., Code § 20-1306(j)  (Jan. 1, 2015), as amended.

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 the special conditions established in Section 3, supra, shall be cause for the City to revoke Special Use Permit, No. SUP-14-00488, 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 March, 2015.

 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.