Memorandum

City of Lawrence

Planning & Development Services

TO:	David L. Corliss, City Manager
FROM:	Scott McCullough, Director
CC:	Cynthia Boecker, Assistant City Manager Diane Stoddard, Assistant City Manager
Date:	August 7, 2008
RE:	1232 Louisiana Street

On July 15, 2008 the City Commission approved a motion to direct staff to return proposed findings of fact to them on August 12th to support a motion, based on a consideration of all relevant factors, that there is not a feasible and prudent alternative to the proposed demolition of the structure located at 1232 Louisiana Street.  The commission deferred consideration that the proposed demolition includes/does not include all possible planning to minimize harm to the listed property and requested additional information from staff regarding the definition of all possible planning and to initiate the rezoning.

The attached resolution includes findings that address “feasible and prudent alternatives” and proposes planning that will minimize harm to the listed properties to satisfy the statutory requirement.

At the July 15^th meeting, the Commission requested additional information regarding the definition “program includes all possible planning.”  That definition is:

“Program includes all possible planning” means that the written evidence and materials submitted by the applicant clearly identify all alternative solutions that have been investigated, compare the differences among the alternative solutions and their effects, and describe mitigation measures proposed by the project proponent that address an adverse effect determination from the HRC.

Satisfying this definition can be accomplished in various ways and should be based on case specific facts.  While staff believes that little to no planning has been completed by the applicant, the resolution does include planning that, once completed, will have satisfied this regulatory definition.

For example, one requirement to demolish the structure will require rezoning, a process that is reviewed by HRC and the City Commission.  The rezoning ordinance could include conditions to minimize harm to listed properties.

Action requested: Consider and adopt Resolution No. 6791 if appropriate and initiate rezoning of the subject property known as 1232 Louisiana Street from U to RM-32.