Memorandum

City of Lawrence

City Manager’s Office

 

TO:

Mayor and City Commissioners

FROM:

City Manager David L. Corliss                            

CC:

Scott McCullough, Sandra Day

Date:

February 26, 2009

RE:

725 N. 2nd Street – Request for building permit prior to approval of site plan and rezoning

 

The property owner of 725 N. 2 nd Street (North Town Development LLC) has requested City Commission approval of the issuance of a building permit prior to the approval of pending rezoning and site plan applications. The property is currently zoned IG, which is an industrial zoning district.  The property owner has an immediate tenant for space in a portion (approximately 6,000 square feet) of the existing building.  The prospective tenant is G-Force Athletics, which provides indoor gymnastics.  The City’s Parks and Recreation Department is a likely user of the new facility – among other possible private or public users.  No exterior improvements to the existing building are planned.  The applicant has applied for a building permit for the gymnastics tenant finish which could be issued, if the zoning and site plan applications were approved.

 

When the new Development Code zoning districts were implemented, the property in question was rezoned to the IG district.  The proposed  tenant use is classified as 20-1762 Sports and Recreation, Participant – Indoor.  This use is not allowed in the IG district.  The appropriate zoning district table in Article 4 of the Development Code is attached. The property owner has indicated that they were not aware that the new Development Code zoning change would impact their property by prohibiting this use.  The applicant has submitted rezoning request (Z-01-01-09) to rezone the 4.48 acres from IG to IL. Pursuant to state law notification requirements, the rezoning request will be heard by the Planning Commission at their March 23, 2009 meeting, with likely City Commission consideration by April 7, 2009. The applicant has also submitted a site plan (SP-02-05-09) to address the change of use of the site.  The site plan is currently under review for eventual administrative approval, if appropriate.

 

The property owner has indicated that they will submit a letter supporting their request prior to the March 3, 2009 City Commission meeting.

 

The City Commission appears to have the following options in this matter:

 

1)                                  Do not issue the building permit until the rezoning and site plan have been approved; or

2)                                  Issue the building permit, conditioned upon vacating the gymnastics use if the rezoning or site plan are not approved as requested.  This is similar to what the City Commission authorized for Scooter’s coffee house at 9th and Iowa.

 

There is no City Code authority for the second option; however, the applicant argues that the City has some level of responsibility in this situation because the zoning requirements for the property changed without specific, individualized notice that the gymnastics use was not allowed in the new industrial category.  Staff points to the strong public interest in consistency of application of City land use laws and that many other property owners have been required to wait for the full land use process before construction and occupancy.

 

ACTION:         Direct staff as appropriate.