Memorandum

City of Lawrence

Planning Division

TO:	David Corliss, City Manager Cynthia Boecker, Assistant City Manager Diane Stoddard, Assistant City Manager
FROM:	Planning Staff
CC:	Scott McCullough, Planning and Development Services Director Sheila Stogsdill, Assistant Director, Planning Division
Date:	November 28, 2007
RE:	Z-10-69-05; rezoning for the south half of 1803 W. 6^th Street and 1710 W. 7^th Street

Please include the following item on the City Commission agenda for consideration at the December 4, 2007 meeting:

Z-10-69-05; rezoning for the south half of 1803 W. 6^th Street and 1710 W. 7^th Street from RM-2 (Multiple-Family Residential) to RO-1B (Residence-Office) [RM24 (Multi-dwelling Residential) to RSO (Single-dwelling Residential-Office) Districts]

Project History.

Below describes the project history for the property at 1710 W. 7^th Street which is located at the northwest corner of W. 7^th and Wisconsin Streets. Rezoning file Z-10-69-05 also includes the south half of 1803 W. 6^th Street which was not part of the site plan applications or litigation described below. The proposed rezoning was a result of the implementation of the HOP District Plan of which both of the properties are within the planning area of.

- October 7, 2003: A Site plan application was submitted for the development of a 25-unit apartment building at 1710 W. 7^th St., the northwest corner of W. 7^th and Wisconsin Streets.

- June 29, 2004: The City Commission initiated the HOP (Hillcrest, Old West Lawrence, and Pinckney) District Plan, requested by the neighborhoods because a portion of the planning area was not a part of any neighborhood association. This realization was brought before the adjacent neighborhoods as a result of the site plan for 1710 W. 7^th Street.

- July 13, 2004: The City Commission held a public hearing on the site plan application for 1710 W. 7^th Street and then the applicant withdrew the site plan; therefore no action was taken by the commission. Planning staff recommended approval with 9 conditions.

- July 15, 2004: A new site plan application for 1710 W. 7^th Street was submitted and the site plan was unchanged from the previous version.

- July 20, 2004: The City Commission approved a building permit moratorium for 6 months to allow for the completion of the HOP District Plan. (Ord. 7803)

- August 3, 2004: The City Commission considered the site plan for 1710 W. 7^th Street and directed staff to prepare findings of fact and rationale supporting a denial of the site plan. Planning staff’s recommendation was unchanged.

- August 24, 2004: The City Commission considered the findings of fact and denied the site plan for 1710 W. 7^th Street. (5-0)

- September 22, 2004: The property owner for 1710 W. 7^th Street appealed the City Commission’s decision regarding the site plan denial to the District Court of Douglas County.

- January 20, 2005: The temporary building permit moratorium expired. (Ord. 7803)

- January 25, 2005: The temporary building permit moratorium was extended until April 25, 2005 to allow for the completion of the HOP District Plan. (Ord. 7858)

- May 10, 2005: The City Commission approved the HOP District Plan.

- June 7, 2005: A temporary building permit moratorium was approved for identified areas to be studied for downzoning, including 1710 W. 7^th Street. (Ord. 7883)

- August-October 2005: Staff worked with the neighborhood task force and property owners to recommend zoning changes.

- October 25, 2005: The Hillcrest task force asked the City Commission to initiate rezonings within their task force area. The City Commission initiated rezonings of requested properties including the south half of 1803 W. 6^th Street (Eagles Club) and 1710 W. 7^th Street (vacant-Shephard) which were grouped to be downzoned from RM-2 to RO-1B.

- November 15, 2005: The temporary building permit moratorium was extended for only those properties affected by initiated rezonings. (Ord. 7942)

- December 12, 2005: The property owner of 1710 W. 7^th Street filed a request for a temporary restraining order to restrain the city from continuing rezoning procedures.

- December 14, 2005:

§ District Court did not issue a temporary restraining order on the rezoning procedures.

§ Planning Commission considered the rezoning and recommended approval (10-0) of the south half of 1803 W. 6^th Street (Eagles Club) and 1710 W. 7^th Street (vacant-Shephard) from RM-2 to RO-1B.

- January 10, 2006: The rezoning for the south half of 1803 W. 6^th Street (Eagles Club) and 1710 W. 7^th Street (vacant-Shephard) from RM-2 to RO-1B was not placed on the City Commission agenda with the other rezonings for the area because of a pending court case between the property owner of 1710 W. 7^th Street and the city.

- February 1, 2006: The temporary building moratorium expired. (Ord. 7942)

- April 26, 2006: The court case regarding the site plan denial for 1710 W. 7^th Street was found in favor of the city by the District Court of Douglas County.

- May 24, 2006: The property owner of 1710 W. 7^th Street appealed the decision of the District Court of Douglas County to the Kansas Court of Appeals.

- September 14, 2007: The Kansas Court of Appeals upheld the decision of the District Court of Douglas County in favor of the city regarding the denial of the site plan for 1710 W. 7^th Street.

- October 15, 2007: No appeal to the Kansas Supreme Court was filed within the allotted time frame regarding the denial of the site plan for 1710 W. 7^th Street.

Project Status.

This rezoning is part of the implementation of the HOP District Plan and is still pending City Commission action. However, before the City commission considers the request, staff feels that the item should be referred back to the Planning Commission for the following reasons:

- the rezoning has been active for two years with no conclusion,

- there has been considerable changes in both the Planning and City Commission composition,

- to allow for public re-notification and public hearing, and

- the Land Development Code has been adopted since PC recommendation and the requested zonings would convert by code from the previous zoning designations of RM-2 (Multiple-Family Residential) to RO-1B (Residence-Office) to the current zoning designations of RM24 (Multi-Dwelling Residential) to RSO (Single-Dwelling Residential-Office).

Action Request.

Refer rezoning item Z-10-69-05 back to the Planning Commission for an additional public hearing and recommendation.