Memorandum

City of Lawrence

Planning Department

TO:	David L. Corliss, Interim City Manager
FROM:	Sheila M. Stogsdill, Acting Planning Director
CC:	Debbie Van Saun, Assistant City Manager Dennis Snodgrass Doug Brenn
Date:	April 5, 2006
RE:	April 11, 2006 Agenda Item – Initiate rezoning from RO-1 to RM-3 for 640 Arkansas Street

Please include the following item on the City Commission consent agenda for consideration at the April 11, 2006 meeting:

Project History.  The property located at 640 Arkansas Street was rezoned from C-5 (Limited Commercial) District to RO-1 (Residence-Office) District in December 2005 following a recommendation from the HOP District Plan [Z-09-54-05/Ord. 7956].  The property is developed with an 8-plex [with a density of 29 dwelling units per acre] and currently complies with the density allowed in the RO-1 District of 43 units per acre.

At the property owners’ request, Planning Staff reviewed the impact of adoption of the Development Code on this property.  The RO-1 and RO-1A Districts will automatically convert to the RMO (Multi-Dwelling Residential-Office) District.  The maximum density permitted in this district will be 22 dwelling units per acre.

At the February 22nd hearing on the Development Code, the property owners expressed their concern to the Planning Commission that the property would become a non-conforming use upon adoption of the code.  The owners expressed concern that the property had been downzoned against their wishes and asked the Commission to consider remedies to this problem. 

The Planning Commission directed staff to explore options that could be presented at the March 8th mid-month meeting.  At that meeting, the Commission indicated that they would initiate a rezoning request for a future meeting to RM32 which would allow a conforming density and still be genuine to the premise of the HOP Plan which was to zone properties to their current use (multi-family) without creating non-conformities.

The property owners have requested that the rezoning be initiated soon so that the property can avoid risk due to catastrophic loss during any interim period.  Initiation of the rezoning of this property from RO-1 to RM-3 at this time will allow this rezoning to be considered at the May Planning Commission meeting with City Commission action in June.  Such a rezoning will provide a conforming density upon adoption of the development code.  The RM-3 District will convert to RM32 with a maximum density of 32 dwelling units per acre.

Action Request.  Planning Staff recommends the City Commission initiate the rezoning of the property located at 640 Arkansas Street from RO-1 (Residence-Office) District to RM-3 (Multiple-Family Residence) District for public hearing in May 2006.

Excerpt from e-mail communication between Dennis Snodgrass and Sheila Stogsdill:

Sent: Friday, March 17, 2006 5:15 PM

Sheila,

Thank you for forwarding the paperwork to us. However, I would like to request that the City initiate the process for our re-zoning to RD or RM3. We were down-zoned, through no action on our part, with the assurances that our property would be in conformance. It seems logical that a similar process would be expected in order to correct this error. I do not believe that we should be the applicants for this correction, just as we were not the applicants for the process that has led us to this point. From the meeting we attended, it seems clear that each commissioner on the Planning Commission was in agreement that what happened was an error and that the error would be taken care of.

Thank you for your continued work to see that this error is corrected.

Dennis

Sent: Friday, March 17, 2006 2:31 PM
Subject: FW: Property List requested @ 2/22/06 PC meeting in relation to their Development Code Conversion Problems/Questions

Dennis --

Would you please fill out this paperwork and order the list from the County Clerk's office (200' radius).  I asked Dave if we could just waive the fee so that you are in the process sooner than waiting for PC to initiate in April.  Please provide the application, sheet A and property owner list before 3PM on April 5th.  This will place you on the May PC agenda.

Thanks.  Sheila

Sent: Wednesday, March 15, 2006 3:45 PM
Dennis --

The development code was recommended to become effective on July 1, 2006 (so you have a little more time).  The next submittal deadline is 3PM on April 5th for the PC meetings in May.  Items from that meeting will go to the City Commission June 13th so it is possible that a rezoning ordinance could be published prior to July 1st.

I've attached an application form.  A rezoning request includes the application form, Sheet A, a fee of $200, and a certified property owner list (200') from the County Clerk's office.  As an alternative, you could ask the Planning Commission to initiate the rezoning, so there will not be a fee.  I'm willing to bring that to the Commission tonight as a follow-up to the discussion the Commission had at their mid-month meeting if you would like me to.  You do not need to be at the meeting, just let me know if you'd like me to do that.

Sheila

Sent: Wednesday, March 15, 2006 1:49 PM
Sheila,

It is my understanding from your response that we are to remain RO-1 until the City adopts the new codes on the targeted date of June 1 (I believe this is the date the new code is to take effect?). At that time, our property will become non-conforming due to the conversion issue from RO-1 to RMO under the new code. It is also at that point that our property becomes at risk if we are to suffer any kind of catastrophic event which would make re-construction of the property as it currently sits impossible due to the non-conformity.

If, as I have described above, this is true, it seems that it would be prudent (and imperative) to initiate a re-zoning on our property now to RM3 or RD, so that when the new codes are adopted, our conversion and conformity is then seamless in the transfer. It is my hope that we can avoid any kind of non-conformity so that our property does not become at-risk.

Please let me know how soon the initiation to re-zone to a current zoning category (RM3 or RD) may begin so that we can remedy this situation and not suffer a lapse in conformity.

Thank you for all of your help on this matter,

Dennis

Sent: Friday, March 10, 2006 6:06 PM
 Dennis and Doug --

I discussed options for the property at 640 Arkansas with the Planning Commission on Wednesday morning.  I do not think that rezoning to CN1 will solve your problems because the new code does not permit enough density in that district for your units and it has design standards that indicate that residential should be above the commercial space in this district.

I informed the commission that the development becomes non-conforming when RO-1 converts to RMO because RO-1 allows up to 43 dus/acre and RMO is capped at 22 dus/acre.  I told them that RM32 to provide a conforming situation for this development.

The commission indicated that they would initiate a rezoning request for a future meeting to RM32 which would allow a conforming density and still be genuine to the premise of the HOP Plan which was to zone properties to their current use (multi-family) without creating non-conformities.

You will be notified when they initiate the rezoning (after the development code becomes effective) and you will have an opportunity to discuss the merits of the zoning at a public hearing at a future date.

Sheila

Sent: Monday, March 06, 2006 10:30 AM
Sheila,

I wanted to follow up on our meeting we had Thursday last week. It is my understanding that you would work to find a zoning category which our property at 640 Arkansas would conform in. Would you please detail the process that we must go through in order to fix this problem that has been created by actions out of our control? What is our next step?

Thank you for taking the time to meet with Doug Brenn and myself. We appreciate your assistance in correcting this problem and look forward to a speedy resolution.

Dennis Snodgrass