Memorandum

City of Lawrence

Planning and Development Services

TO:	Diane Stoddard, Interim City Manager Toni R. Wheeler, City Attorney
FROM:	Planning Staff
DATE:	December 28, 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, 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.  Notice was given to both utilities on October 22, 2015 and the minimum sixty (60) days has transpired.

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 was heard by the Planning Commission at their December 14, 2015 meeting. The Planning Commission has approved the zoning request and preliminary plat with the condition of approval of annexation by City Commission.  (PC Items 3a & 3b, approved 8-0, 12-14-2015).

At this time, the City Commission may take final action on the Request for Annexation         No. A-15-00525.  

Action

Approve Request for Annexation No. A-15-00525, and adopt Ordinance 9196 on first reading if appropriate.