NORTH TOWN DEVELOPMENT, LLC

P. O. BOX 4150

LAWRENCE, KS 66046

 

 

February 28, 2009

 

 

Mr. David L. Corliss, City Manager

City of Lawrence

P.O. Box 708

Lawrence, Kansas 66044

 

Re:  725 North 2nd Street

 

Dear David:

 

As you are aware we have applied for rezoning of the referenced property from the existing IG (General Industrial) zoning to IL (Light Industrial) zoning.  This change is necessary to allow G-Force Athletics, LLC to occupy 6025 square feet of space for their gymnastics/tumbling/cheer programs.  The need for the rezoning was not anticipated by North Town or G-Force when we entered into the lease and now G-Force finds themselves in the unfortunate position of leasing space that they cannot occupy.  The circumstances that led to this situation are somewhat complicated, but I will attempt to explain them below:

 

  1. The majority of the property at 725 North 2nd was acquired by us in 1966 and was zoned M-3 (Intensive Industrial).
  2. On March 30, 2004 the current site plan was approved by the City Commission.  At the request of the Planning Department the one lot that was zoned C-4 was rezoned to M-3 and the tract was replatted into one lot.
  3. During 2004/2005 the existing structure was built and in the spring of 2005 the first unit was sold and occupied.  Later in 2005 two additional units were sold.
  4. On July 1, 2006 the Land Development Code was adopted by the City Commission and the zoning was changed from M-3 to IG.  By Kansas Statute notification to individual property owners of zoning changes due to the adoption of a new land use code is not required.  To the best of our knowledge no direct notification by the City was made to North Town, or any other industrial land owners, of the changes nor was notice made of the impact of the changes on the industrial properties.
  5. In October 2008 G-Force Athletics contacted us about leasing 6025 S/F of space for their gymnastics/tumbling/cheer facility.  On January 8, 2009 a lease was signed.  G-Force had previously been located at 801 East 23rd, a property that is zoned IG, and so they had no reason to believe that they could not relocate into another IG property.  In their search for a new site they looked at several other locations that would meet the 16’ plus vertical clearance and the floor space they require. Every suitable and available site they identified was zoned IG.
  6. After signing the lease G-Force submitted a request for a building permit to construct two restrooms and the separation walls on each side of their space.  Subsequently they were told that a building permit could not be issued until the zoning change was approved and that occupancy could not occur until the restrooms and separation walls were constructed.  Therefore G-Force was forced to find alternative space at additional expense in which they could conduct their classes.  They have made temporary arrangements to use space at Robinson Gymnasium at KU, however, that arrangement only extends until spring break.
  7. On January 16, 2009 a rezoning request was submitted by North Town Development to change the zoning from IG to IL.  The Planning Commission will consider this down zoning request at their March 23, 2009 meeting.  On February 23, 2008 a revised Site Plan was submitted by Landplan on behalf of North Town and staff is currently reviewing that plan.

 

As I have discussed with you we are requesting that the City Commission authorize the staff to issue a building permit to G-Force Athletics on March 4, 2009 so that the interior improvements can be completed and occupancy obtained immediately after the rezoning is considered and hopefully approved by the Planning Commission.  By making the improvements while the rezoning is being processed G-Force will be able to occupy their space sooner and eliminate the extra cost of renting alternate space.  We believe approval of our request is a reasonable action on the part of the City for the following reasons:

 

  1. The City did not notify industrial property owners at the time of the adoption of the Land Development Code of the zoning changes and, more importantly, did not notify M-3 zoned property owners that the new zoning categories substantially altered the uses previously permitted in M-3.  Our interpretation of the previous Zoning Code is that a use such as that of G-Force would have been permitted in the M-3 zoning which previously existed on our property.
  2. Our rezoning request from IG to IL is, based on the Table of Lesser Changes, considered a Lesser Change.  Based on this factor and on our discussions with staff we anticipate a positive recommendation from staff and approval by the Planning Commission.
  3. The relocation of G-Force Athletics to 725 North 2nd Street meets two goals of the City Commission.  First it will be further redevelopment of the North 2nd/North 3rd Street corridor.  Second it will provide the support of the City to a locally owned small business providing jobs in our community.

 

We look forward to discussing this request with the City Commission at their March 3, 2009 meeting.

 

Sincerely,

 

Stephen E. Glass

Member