Memorandum

City of Lawrence

Legal Services

TO:	David L. Corliss, City Manager Toni Ramirez Wheeler, Director of Legal Services
FROM:	John Jay Miller, Staff Attorney
Date:	November 5, 2008
RE:	An ordinance repealing Ordinance No. 8293 and reenacting its provisions to rezone approximately 155 acres of land located on the northwest corner of N. 1800 Road and E. 900 Road; I-70/K-10 Business Park.

Scenic Riverway Community, et al. has filed a Notice of Appeal with the City Clerk purporting to challenge the City’s annexation of the 155 acres of land located on the northwest corner of N. 1800 Road and E. 900 Road (near K-10 Highway and Farmer’s Turnpike).  The parties have also filed a petition in Douglas County District Court challenging the annexation and rezoning of the property. In an effort to defeat possible legal arguments the plaintiffs may assert in these actions, staff proposes the adoption of Ordinance No. 8350.

Ordinance No. 8350 repeals and reenacts the rezoning of the approximately 155 acres of land.  The purpose of the new rezoning ordinance is to clarify the effective date of the rezoning. 

The City Commission passed Ordinance No. 8285 annexing the subject land and published the ordinance on September 8, 2008.  The City Commission passed Ordinance No. 8293 rezoning the annexed land and published the rezoning ordinance on September 9, 2008 with the intent to have the rezoning ordinance in force and effect after the effective date of the annexation ordinance.  However, the date of publication of the annexation ordinance was within 60 days of a general election.  Pursuant to K.S.A. 2007 Supp. 12-523 the annexation became effective the day following the general election, specifically November 5, 2008.    

Staff recommends repealing Ordinance No. 8293 and reenacting its provisions establishing the effective date of the rezoning ordinance after the November 5, 2008 effective date of annexation ordinance (Ordinance No. 8285).  The Planning Staff report and attachments are provided for your review.

Because valid protest petitions were received, the passage of Ordinance No. 8350 requires a super majority vote (4 votes). 

Action Request:  Consider, if appropriate, adopting on first reading, Ordinance No. 8350 that will repeal Ordinance No. 8293 and reenact it s provisions rezoning (Z-04-08-08) approximately 155 acres located on the northwest corner of N. 1800 Road and E. 900 Road; I-70/K-10 Business Park, from A (Agricultural) to IG (General Industrial).  Because valid protest petitions were received, a super-majority vote (4 votes) is needed to pass Ordinance No. 8350.