Memorandum

City of Lawrence

Planning & Development Services

TO:	David L. Corliss, City Manager
FROM:	Scott McCullough, Planning and Development Services Director John Jay Miller, Staff Attorney
CC:	Cynthia Boecker, Assistant City Manager Diane Stoddard, Assistant City Manager
Date:	April 10, 2008
RE:	Island Annexation Resolution for Property Located at the Northwest Corner of N. 1800 RD and E. 900 RD near K-10 and the Kansas Turnpike.

Based on public comment, staff believes clarification is in order relative to this request and the parallel process of preparing a sector plan for a large area that includes the land that is the subject of this annexation request.

Background

2004: A proposal to rezone a property at the intersection of K-10 Highway and Farmer’s Turnpike (N. 1800 Road/County Hwy 438) to support an industrial park was denied by the Douglas County Commission.

December 2007: A request to rezone the subject approximate 160 acres to county district I-2 (Light Industrial) was recommended for approval by the Planning Commission and is currently on hold at the County Commission.

February 12, 2008: The City Commission received a request to annex the subject 160 acres. Because the annexation request included more than ten acres, the City Commission referred the request to the Planning Commission for their recommendation. On March 26, 2008, the Planning Commission received public comment on the annexation request and by a vote of 6 to 2 recommended that the City Commission approve the annexation.

Related Planning Efforts

In the time between the two rezoning requests, city and county leaders have been in active discussions about the need for additional industrial and employment centers for the region. Draft Horizon 2020 Chapter 7, Industrial Land Use, designates the subject area for industrial/business/research park uses and has had intense public debate over multiple public hearings. Additionally, the K-10 and Farmer’s Turnpike sector plan is being drafted at this time and will reflect the policies contained in Horizon 2020 and draft Chapter 7. The K-10 and Farmer’s Turnpike sector plan should be viewed as a separate effort from the annexation request.

The attached Long-Range Planning Work Program map demonstrates the strategy to complete planning efforts in possible growth areas around Lawrence. Approved plans include the Southeast Area Plan, the Revised Southern Development Plan, and the Farmland Industries Redevelopment Plan. Plans in various stages of development include the West of K-10 Plan (TND planning has been drafted with public input for a portion of this planning area) and the K-10 and Farmer’s Turnpike Plan. Future plans include a plan in the Grant Township/North Lawrence area and an area south of the Wakarusa River.

It should be noted that sector plans are prepared to guide future development after annexation into the City of Lawrence has occurred. Sector plans do not annex property within the planning area upon adoption.

Statutory Requirements

Because the 154.9 acre site does not adjoin the current City boundaries, the annexation of the property is considered an “island” annexation and must be annexed according to K.S.A. 12-520c. Pursuant to the statute, the Governing Body must request by resolution that the Board of County Commissioners of Douglas County “find and determine that the annexation of such land will not hinder or prevent the proper growth and development of the area or that of any other incorporated city located within such county.” The annexation must be approved by the County Commission prior to the Governing Body annexing the property into the corporate boundaries of the City.

Action Requested: Consider and, if appropriate, adopt Resolution No. 6764 requesting that the Board of County Commissioners of Douglas County make a finding that the annexation of such land will not hinder or prevent the proper growth and development of the area or that of any other incorporated city located within such county; and, approve the annexation and direct staff to prepare an ordinance annexing the property for a future agenda contingent upon the Board of County Commissioners making a finding to support the annexation.