ORDINANCE NO. 9135

SPECIAL USE PERMIT NO. SUP-15-00241

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, GRANTING A SPECIAL USE PERMIT FOR AN INSTITUTIONAL DEVELOPMENT PLAN FOR THE DOUGLAS COUNTY FAIRGROUNDS MASTER PLAN ON THAT REAL PROPERTY, COMMONLY KNOWN AS 2110 HARPER STREET, 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-15-00241, for that real property, commonly known as 2110 Harper Street, Lawrence, Douglas County, Kansas, and bearing the following legal description, to-wit:

TWO SUBDIVISIONS IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, DESCRIBED AS FOLLOWS:

LOT A, 4-H FAIRGROUNDS ADDITION, AN ADDITION ADJACENT TO THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS; AND,

LOT 1, A FINAL PLAT OF 4-H FAIRGROUNDS ADDITION #2, A 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 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-15-00241, to have the following special use: Institutional Development Plan for the Douglas County Fairgrounds Master Plan.

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 dedicate to the City a fifteen-foot (15') utility easement and a twenty-foot (20') sewer easement by separate instrument.

(b)       The owner/applicant shall request from the City Engineer a waiver for the proposed gravel roadway. If the waiver is approved, then the Site Plan shall be updated to include a note regarding the approved waiver.

(c)        Prior to the City's release of the Special Use Permit for issuance of a building permit, the owner/applicant shall provide to the Planning Office the following:

(i)         A photometric plan including lighting fixture details for review and approval.

(ii)        Details showing that information requested by Utilities and the Stormwater Engineer for further review and approval.

(iii)       The owner/applicant shall submit to the Planning Office a revised Site Plan that includes:

(A)       A note referencing, by Book and Page numbers, where the instrument dedicating the fifteen-foot (15') utility easement and the twenty-foot (20') sewer easement is filed in the Office of the Register of Deeds for Douglas County, Kansas.

(B)       An updated Landscape Schedule, which shall include perimeter parking lot landscaping.

(iv)       The owner/applicant shall execute a Site Plan Performance Agreement.

(d)       The owner/applicant shall file with the Office of the Register of Deeds for Douglas County, Kansas, the approved Institutional Development Plan for the Douglas County Fairgrounds Master Plan.

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-15-00241, 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 August, 2015.

 APPROVED:

___________________________________

Jeremy Farmer

Mayor

ATTEST:

__________________________________

Diane Bucia

City Clerk

APPROVED AS TO FORM:                   

__________________________________

Toni R. Wheeler

City Attorney

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NOTICE TO PUBLISHER

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