ORDINANCE NO. 9044

SPECIAL USE PERMIT NO. SUP-14-00262

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, GRANTING A SPECIAL USE PERMIT FOR THE WAKARUSA WASTEWATER TREATMENT PLANT, A MAJOR UTILITY, ON THAT REAL PROPERTY, COMMONLY KNOWN AS 2300 E. 41ST 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)  (July 1, 2013), as amended, the Governing Body of the City of Lawrence, Kansas, hereby grants to the owner/applicant Special Use Permit, No. SUP-14-00262, for that real property, commonly known as 2300 E. 41st Street, Lawrence, Douglas County, Kansas, and bearing the following legal description, to-wit:

LOT 1, FINAL PLAT OF WAKARUSA WASTEWATER TREATMENT PLANT ADDITION, 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-14-00262, to have the following special use: Major Utility.

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, 2013 Edition, as amended, is also subject to the following special conditions:

(a) The applicant shall provide to the Planning Office a photometric plan for review and approval prior to the release of the SUP site plan for building permits.

(b)       The Applicant shall provide a revised site plan with the following changes:

(i)         The location and height of all exterior lighting shall be shown on the revised site plan.

(ii)        The landscaping sheet shall be revised and shall be approved by the City's Horticulture Manager.

(iii)       The dimensions of the solar array pad shall be noted on Sheet 3.

(iv)       The revised site plan shall provide a 75-foot, Type 3 Bufferyard along the perimeter of the site, except for those areas within the protected riparian area and within the 41st Street corridor interior to the site.

(v) The following note shall be added to the revised site plan: “The Bufferyard Landscaping and Perimeter Parking Lot Landscaping requirement along 41st Street interior to the site has been waived due to the fact that the subject property is located on both sides of the street.”

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, 2013 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-14-00262, in accordance with City of Lawrence, Kan., Code § 20-1605 (July 1, 2013), 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, 2014.

 APPROVED:

___________________________________

Mike Amyx

Mayor

ATTEST:

__________________________________

Diane Trybom

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