ORDINANCE NO. 9162

SPECIAL USE PERMIT NO. SUP-15-00334

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, GRANTING A SPECIAL USE PERMIT FOR ACTIVE RECREATION ON CERTAIN REAL PROPERTY LOCATED GENERALLY IN THE NORTHEAST QUADRANT OF THE INTERSECTION OF WEST SIXTH STREET/U.S. HIGHWAY 40 AND KANSAS HIGHWAY 10 (K-10), AND KNOWN COMMONLY AS "ROCK CHALK PARK," WITHIN THE CITY OF 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., Ord. No. 8833 (Jan. 15, 2013), and 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-15-00334, for the following legally described real property, situated in the City of Lawrence, Douglas County, Kansas, to-wit:

LOT 1 ROCK CHALK PARK ADDITION NO. 1, 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-15-00334, to have the following special uses: Active Recreation.

SECTION 3. The Special Use Permit granted in Section 1, supra, and the permitted special uses described in Section 2, supra, in addition to being subject to the general conditions established in City of Lawrence, Kan., Ord. No. 8833 (Jan. 15, 2013), and 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 to the Planning Department an executed Site Plan Performance Agreement.

(b)       The owner/applicant shall, by separate instrument, dedicate to the City a utility easement for location of the sanitary sewer main.

(c)        The owner/applicant shall submit to the Planning Department a revised Site Plan, with the following revisions:

(i)         The Site Plan shall include the following note: “The KU tennis court lights shall be shut off no later than 10:30 PM Sunday through Thursday nights and no later than 11:00 PM on Friday and Saturday nights; unless there is a tournament that requires those times to be extended.”

(ii)        The Site Plan shall note the type of screening to be used for the trash receptacles/dumpsters and mechanical equipment.

(iii)       The Site Plan shall show the location of the water and sanitary sewer lines, as approved by the City's Utilities Department.

(iv)       The Site Plan shall show and label the twenty-foot (20') Landscape Easement on the south side of Rock Chalk Drive right of way.

(d)       The owner/applicant shall submit to the Planning Department a revised Lighting Plan showing, for the exterior tennis court lighting, (i) the use of Qualite Gold Series Lighting Fixtures and (ii) the use of twelve-inch (12") hoods on all Qualite Gold Series Lighting Fixtures.

(e)        The owner/applicant shall show, on the revised Site Plan, the easement dedicated to the City for the sanitary sewer main and the revised Site Plan shall also include a note identifying where the instrument dedicating the easement is recorded at the Office of the Register of Deeds for Douglas County, Kansas (Book and Page Numbers).

SECTION 4. Failure of the applicant, owner, or any successor or assign to comply with the requirements of City of Lawrence, Kan., Ord. No. 8833 (Jan. 15, 2013), 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-15-00334, 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 October, 2015.

 APPROVED:

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Mike Amyx

Mayor

ATTEST:

__________________________________

Brandon McGuire

Acting City Clerk

APPROVED AS TO FORM:                   

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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.