ORDINANCE NO. 9127

SPECIAL USE PERMIT NO. SUP-15-00185

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, GRANTING A SPECIAL USE PERMIT FOR A TELECOMMUNICATIONS TOWER ON THAT REAL PROPERTY, COMMONLY KNOWN AS 2001 MOODIE ROAD, 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)  (January 1, 2015), as amended, the Governing Body of the City of Lawrence, Kansas, hereby grants to the owner/applicant Special Use Permit, No. SUP-15-00185, for that real property, commonly known as 2001 Moodie Road, Lawrence, Douglas County, Kansas ("the subject property"), and bearing the following legal description, to-wit:

LOTS 1 AND 2, IN FARMERS COOP SUBDIVISION NUMBER 2, A SUBDIVISION AND A REPLAT OF EAST VIEW SUBDIVISION NUMBER 2, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS; AND ALSO, LOT 3A AS SHOWN BY THE LAND SURVEY PLAT FOR THE LOT SPLIT OF LOTS 3 AND 4 IN FARMERS COOP SUBDIVISION NUMBER 2 FILED IN PLAT BOOK P15 AT PAGE 415, IN THE OFFICE OF THE REGISTER OF DEEDS OF DOUGLAS COUNTY, KANSAS.

permitting the subject 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 property, as granted in Section 1, supra, in accordance with Special Use Permit, No. 15-00185, 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, 2015 Edition, as amended, is also subject to the following special conditions:

(a)      The owner/applicant shall submit a revised site plan showing five (5) additional street trees along the north two hundred (200) feet of Moodie Road to mitigate impacts and to screen the proposed use from residential uses to the south. 

(b)     Prior to release of the site plan for issuance of a building permit, the owner/ applicant shall submit to Planning Staff the following documentation: An engineer's report or other documentation certifying that the tower fall zone will be maintained within the subject property. 

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. 15-00185, in accordance with City of Lawrence, Kan., Code § 20-1605 (January 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 July, 2015.

 APPROVED:

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Jeremy Farmer

Mayor

ATTEST:

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Diane Bucia

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 Proof of Publication to the City Clerk and one to the City Attorney.