ORDINANCE NO. 9138

SPECIAL USE PERMIT NO. SUP-15-00261

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, GRANTING A SPECIAL USE PERMIT FOR A BAR OR LOUNGE  ON THAT REAL PROPERTY, COMMONLY KNOWN AS 804 PENNSYLVANIA 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)  (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-15-00261 for that real property, commonly known as 804 Pennsylvania Street, Lawrence, Douglas County, Kansas, and bearing the following legal description, to-wit:

LOT 1 IN 8TH AND PENNSYLVANIA NEIGHBORHOOD REDEVELOPMENT ADDITION NO. 3, A MINOR SUBDIVISION REPLAT OF LOTS 1 AND 2, BLOCK  ‘A’ OF 8TH AND PENNSYLVANIA NEIGHBORHOOD REDEVELOPMENT 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-15-00261, to have the following special use: Bar or Lounge.

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, are also subject to the following special conditions:

(a)        Prior to the release of the Special Use Permit Site Plan for the issuance of any building permit, the owner/applicant shall submit to the Planning Office an executed Site Plan Performance Agreement.

(b)       Any physical change to the site that may be required as the result of the Special Use Permit must first be reviewed and approved by the Historic Resources Commission before the release of the Special Use Permit Site Plan for the issuance of any building permit.

(c)        The following standards shall apply to the use permitted by this Special Use Permit:

(i)         Occupancy. No more than 75 persons may be within the outside dining area at any one time. The interior of the building shall be limited to no more than 44 persons in accordance with the Fire Code. (Signs shall be posted on the site setting forth those occupancy limits.)

(ii) Seating. The number of tables and chairs, as shown on the approved Special Use Permit Site Plan, shall be provided to patrons during all hours that the outside dining area is open for use, including during Temporary Special Events.

(iii) Outside Seating Area. A four-foot (4') high railing shall be installed to define the outside dining area in order to clearly demarcate the area and to prevent patrons from spilling over into the parking area.

(iv) Sound Levels. Amplified live music in the outside dining area shall be permitted only on the following days and at the following times: Thursdays through Saturdays until 9:00 p.m. and Sundays until 8:00 p.m. Other music (including live acoustical or music from digital or stereo sources) shall be permitted at all times, except that said music must be maintained at ambient levels and shall not be perceptible more than fifty feet (50') beyond the property line.

(v) Food Sales.

(A)       Food shall be available for purchase at all times that the Bar or Lounge is open for business. The food may be provided from within the building or by food trucks on the site.

(B)       The food shall consist of menu items more substantial in nature than typical bar food, such as nuts or popcorn. Items such as pastries, breakfast food, sandwiches and sides, entrees, or other meals will meet the intent of this requirement.

(d)       The owner/applicant shall submit to the Planning Office a revised Special Use Permit Site Plan incorporating the following changes:

(i)         Addition of a note listing the standards conditioned by this Special Use Permit for the proposed Bar or Lounge use.

(ii)        Addition of a note listing the revised restricted uses established by Ordinance No. 9101.

(iii)       Addition of a four-foot (4') railing that will define the outside dining area and clearly demarcate the area and prevent patrons from spilling over into the parking area.

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-15-00261, 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 August, 2015.

 APPROVED:

___________________________________

Jeremy Farmer,

Mayor

ATTEST:

__________________________________

Diane Bucia

City Clerk

APPROVED AS TO FORM AND LEGALITY:                   

__________________________________

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.