Memorandum

City of Lawrence

Planning and Development Services

TO:	Diane Stoddard, Interim City Manager Toni R. Wheeler, City Attorney
FROM:	Planning Staff
DATE:	October 19, 2015
RE:	Annexation Request No. A-15-00525

Background

Wedman Construction, Inc., the owner of record of approximately three (3) acres, located at 1041 North 1700 Road and adjoining the City ("the subject property"), has petitioned the City, by filing Annexation Request No. A-15-00525 (see attached), to annex the subject property into the City as a preliminary development action in order to facilitate future residential development.

Since the subject property adjoins the City and the record owner has, by filing an annexation request, petitioned the City for annexation, the subject property may be annexed by the City pursuant to K.S.A. 2015 Supp. 12-520(a)(7).

Before it may annex the subject property, however, the City must, pursuant to K.S.A. 2015 Supp. 12-539, give notice to Rural Water District No. 1 of its intent to annex the subject property. Similarly, under K.S.A. 66-1,176 the City must also give notice to Westar Energy of its intent to annex the subject property. Both notices must be given at least sixty (60) days prior to the effective date of any annexation. It should be noted that giving notice does not obligate the City to annex the subject property.

Additionally, City policy does not require the Lawrence-Douglas County Metropolitan Planning Commission to review and to make recommendations on annexation requests involving land less than ten (10) acres in size. Note that the subject property is approximately three (3) acres in size. However, the instant request for annexation is accompanied by a rezoning request and a preliminary plat application, which must be heard by the Planning Commission. Currently, those items are scheduled to be heard by the Planning Commission in December.

At this time, the City Commission will not take any final action on the application for annexation. Rather, the City Commission will receive Request for Annexation         No. A-15-00525 and, if appropriate, direct staff to give statutory notice to Rural Water District No. 1 and Westar Energy of its intent to annex the subject property.   

Action

Receive Request for Annexation No. A-15-00525 and, if appropriate, authorize the Interim City Manager to give statutory notice to Rural Water District No. 1 and Westar Energy of the City’s intent to annex the subject property.