Memorandum

City of Lawrence

Legal Services Department

TO:	David L. Corliss, City Manager Toni Wheeler, Director of Legal Services
FROM:	John Jay Miller, Staff Attorney
CC:	Scott McCullough, Director of Planning and Development Services Diane Stoddard, Assistant City Manager Cynthia Wagner, Assistant City Manager
Date:	November 10, 2009
RE:	Reconsideration of Rezoning Request (Z-7-11-09)

On November 2, 2009 the City received a letter from Mark Andersen, “to formally appeal in writing the City Commission’s denial of the rezoning request” and requesting that the City Commission reconsider its denial of rezoning request (Z-7-11-09) and vote to rescind the Commission’s prior motion to deny the rezoning request.  Mr. Andersen represents Inverness Park, LP, the property owner of record. 

On October 6, 2009 the City Commission considered the request of the property owner to rezone approximately 10.97 acres, located on SE corner of Inverness and Clinton Pkwy at 4300 W 24th Place, from RSO (Single-Dwelling Residential Office) to RM15 (Multi-Dwelling Residential). Submitted by BG Consultants Inc, for Inverness Park LP, property owner of record.   The City Commission voted 5-0 to deny the rezoning request (Z-7-11-09). 

The City Commission has the authority to reconsider the decision made on October 6, 2009.  Staff does not interpret the request to reconsider as a successive application; therefore, Development Code Section 20-1303(j), Limitations on Successive Applications, is not applicable. 

If the City Commission chooses to reconsider rezoning request (Z-7-11-09), staff should be directed to schedule the item on a future agenda and provide mailed notice to the  owners of land within 200 feet of the area proposed to be rezoned and the citizens that spoke and provided addresses at the October 6 meeting at least twenty days prior to the agenda date and require the applicant to provide posted notice on their property indicating the agenda date, time and place when action will be considered.

Action Requested: Consider Mr. Andersen’s request for the City Commission to reconsider its denial of rezoning request Z-7-11-09 and, if appropriate, schedule for a future agenda the reconsideration of the rezoning request (Z-7-11-09) and providing the described mailed and posted notice.