Memorandum
City
of
Legal
Services Department
|
TO: |
David Corliss, City Manager Toni Ramirez Wheeler, Director of Legal Services |
|
FROM: |
John Jay Miller, Staff Attorney |
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CC: |
Cynthia Boecker, Assistant City Manager Diane Stoddard, Assistant City Manager Scott McCullough, Planning And Development Service Director |
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Date: |
June 10, 2008 |
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RE: |
Island Annexation Ordinance for Approximately 154.9 Acres of Property
Located at the Northwest Corner of N. 1800 Road and E. 900 Road Near K-10 and
the |
Applicant is requesting that approximately 154.9 acres be annexed into the City of Lawrence, Kansas pursuant to K.S.A 12-520c. Because the boundaries of the property do not adjoin the city limits, the annexation of the property is considered an “island” annexation and must be annexed according to K.S.A. 12-520c.
History:
February 12, 2008, the City Commission received a request to annex the subject 154.9 acres. Because the annexation request included more than ten acres, the City Commission referred the request to the Planning Commission for their recommendation.
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.
April 15, 2008, the City
Commission adopted Resolution 6764 requesting the Board of County Commissioners
of
May 14, 2008, the Board of County
Commissioners considered the
annexation requested by the City of Lawrence, Kansas in Resolution No. 6764.
May 21, 2008, the
Related
Planning and Zoning Efforts:
The applicant is requesting the City Commission annex their property contingent upon the appropriate zoning being granted. See attached letter from Jane Eldredge.
At the April 15, 2008 meeting, the City Commission discussed the issue of rezoning and the applicant again indicated they did not want the annexation to be effective until the rezoning of the property occurred.
On April 17, 2008, the property owners applied for a rezoning
request from county agricultural to city Industrial, General. The rezoning request is scheduled to be heard
by the Planning Commission on June 25, 2008.
Development Code Section
20-108(e) requires newly annexed land to have rezoning to a specific city
zoning category initiated within two months of the annexation of the property.
Planning Staff prepared and the Planning Commission recommended for approval amendments to Horizon 2020 Chapter 7 – Industrial and Employment Related Land Use. Chapter 7 designates the subject area for industrial/business/research park uses.
In addition to the amendments to Chapter 7 of Horizon 2020, Planning Staff will be presenting the K-10 and Farmer’s Turnpike Sector Plan to the Planning Commission at the June 25, 2008 meeting. The property for the annexation request is located in the planning area for Chapter 7 and the K-10 and Farmer’s Turnpike Sector Plan.
Statutory Annexation Requirements:
The City may proceed with the
annexation of the property based upon the
Staff has met with both Rural Water District #6 and the Chief of the Lecompton Fire Rescue District #1 to discuss the affects of the proposed annexation would have on their respective districts.
Action Requested: Consider annexation request and, if appropriate, approve the annexation ordinance. If approved, staff recommends delaying the publication of the ordinance until such time as the rezoning is completed.
The proposed annexation ordinance and a map showing the location of the property to be annexed are attached.