ORDINANCE NO. 9180

SPECIAL USE PERMIT NO. SUP 15-00468

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, GRANTING A SPECIAL USE PERMIT FOR ACTIVE RECREATION ON THAT REAL PROPERTY, COMMONLY KNOWN AS 5200 CLINTON PARKWAY AND 5300 CLINTON PARKWAY, 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-15-00468, for that real property, commonly known as 5200 Clinton Parkway and 5300 Clinton Parkway, Lawrence, Douglas County, Kansas, and bearing the following legal description, to-wit:

LOT 2, A FINAL PLAT OF YANKEE TANK VIEW ADDITION 2ND PLAT, A REPLAT OF LOT 2A AND LOT 2B OF THE LOT SPLIT OF LOT 2, THE LANDING, AND LOT 1, YANKEE TANK VIEW ADDITION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

AND,

LOT 1, A FINAL PLAT OF SPORT 2 SPORT ADDITION, AN ADDITION TO 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-15-00468, to have the following special use: Active Recreation.

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 execute a site plan performance agreement.

(b)       Prior to the release of the Special Use Permit for issuance of a building permit, the owner/applicant shall provide to the Planning Office a revised drawing to include the following notes and changes:

(i)         The revised drawing shall remove all references to Kansas University and shall rename the project.

(ii)        The revised drawing shall, per the approval of the City Stormwater Engineer, include the storm sewer information, as noted on the previously approved UPR, dated August 9, 2007, for the tennis courts east of the building, to include pipe materials and sizes.

(c)        The drawing shall be revised, per the approval of the City Stormwater Engineer, to delineate the "easement," or area of inundation, from the emergency spillway for Lake Alvamar/Yankee Tank Lake. That area shall be identified as a no build area in the event of a high water event for the dam and the subsequent use of the emergency spillway.

(d)       The Site Plan shall include the following note: “Changes to the lighting shall require the submission and approval of a photometric plan per section 20-1103 of the Land Development Code prior to the submission of a building permit.”

(e)        The owner/applicant shall provide to the Planning Office a revised landscape plan, per the City Parks Department approval, to include a revised list of species for replanting as needed for the site.

(f)        The Site Plan shall include the following note: “Changes or addition to mechanical equipment shall be screened in accordance with section 20-1006 (b) of the Land Development Code.”

(g)       The owner/applicant shall provide to the Planning Office a revised landscape plan, showing the following changes:

(i)         Two (2) additional trees along Clinton Parkway Frontage Road adjacent to 5200 Clinton Parkway.

(ii)        Two (2) additional trees along the west side of Olympic Drive adjacent to 5300 Clinton Parkway.

(iii)       Twelve (12) trees along the north side of Clinton Parkway adjacent to 5300 Clinton Parkway.

(iv)       Shrubs that would create solid screening along the parking row parallel to Clinton Parkway west of Olympic Drive.

(h)       The owner/applicant shall submit to the Planning Office an Updated Special Use Permit plan and parking summary to reflect total square footage.

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-15-00468, 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 December, 2015.

 APPROVED:

___________________________________

Mike Amyx

Mayor

ATTEST:

__________________________________

Brandon McGuire

Acting 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.