Memorandum

City of Lawrence

Planning Department

TO:	Mike Wildgen
FROM:	Planning Staff
CC:	David Corliss Debbie Van Saun
Date:	February 21, 2006
RE:	Protest Petition for Z-10-67-05

The Planning Commission, at their January 23, 2006 meeting, voted 8-1 to recommend approval of the rezoning of 1620, 1612, 1604, 1512, 1508, 1500 W. 5^th Street and 446 Florida Street from RM-2 to RS-2 from RM-2 to RS-2 based on the following; the RS-2 zoning would protect the single-family homes, the zoning would match the current use, and a recommendation of the HOP District Plan to rezone to the current use.

Three protest petitions have been submitted for the above-referenced rezoning request. One of the petitions however is not valid being that it was signed by only one of the property owners. The remaining two petitions are valid, representing 34.4% of the property within the rezoning area. Due to the validity of the protest petition, approval of the rezoning request requires a ¾ vote of all the members of the City Commission (4 of 5 Commissioners).

The following property owners have submitted valid petitions:

1512 W. 5^th Street: John and Rhonda Cook
1612 W. 5^th Street: Jayhawk Rentals (John Bush, Carl Cline, Wanda Hughes, Craig Dreiling, Ted Jester, Star Carrington, Jason Olds, Andrew Christian, Patrick Flavin)

The following property owner submitted a petition that did not count toward the petition validity determination:

1604 W. 5^th Street: Douglas Compton

The Pinckney Neighborhood Association is willing to support a compromise that is acceptable to the property owners. The neighborhood would like to continue with the rezoning of 1508 and 1500 W. 5^th Street and 446 Florida Street from RM-2 to RS-2, and remove 1620, 1612, 1512, and 1508 W. 5^th Street from the request. The neighborhood wishes to look at a larger area of the neighborhood, including the properties asked to be removed, and, at a later date, return with a request to rezone a larger area from RM-2 to RM-1.

The City Commission can approve the entire rezoning with a super majority vote or, on a simple majority vote either return the item to the Planning Commission for further consideration or approve the rezoning of 1508 and 1500 W. 5^th Street and 446 Florida Street as requested by the neighborhood.