League of Women Voters of Lawrence-Douglas County

P.O. Box 1072, Lawrence, Kansas 66044

October 24, 2004

John Haase, Chairman

Members

Lawrence-Douglas County Planning Commission

City Hall

Lawrence, KS 66044

RE: ITEMS NO. 16A, 16B, & 16C: REZONINGS TO RM-1, RS-2, AND RM-D, APPROXIMATELY 60 ACRES, NORTH OF 6^TH STREET AND EAST OF GEORGE WILLIAMS WAY (Z-09-46-04, Z-09-4-04 & Z-09-48-04).

Dear Chairman Haase and Commissioners:

We are concerned that, except for the generalized land uses found in the Northwest Plan and major streets indicated in Transportation 2025, this request for rezoning comes to you without any indication of how the larger neighborhood in Section 29 will develop.  The proposed development is central to Section 29.  It is comparatively flat and more easily developed than the more rugged terrain to the north.  The Planning Commission should consider the entire area very carefully, so that the section is zoned for residential housing types that are most likely to provide a sustainable neighborhood as they answer current housing needs.

The duplex (RM-D) district originally was intended to be a buffer district between single family detached dwellings and the more unpredictable housing types of the RM districts.  In this proposed development, duplexes are the predominant dwelling type in the neighborhood.  It was not the original intention of our zoning ordinance to zone large areas exclusively as duplexes.   Moreover, duplexes originally were intended as owner-occupied units combined with a rental unit or as exclusively rental units.  Either way, however, both units were to remain under one owner.  Because of the State Townhouse Ordinance, the individual units of duplexes now are being sold as entry-level housing to separate owners.  This is problematic, because –while units are owned separately, like a townhouse– there is often no enforceable maintenance agreement for common areas or structures.  Areas developed with duplexes tend over time to become almost exclusively rental in Lawrence, and because of the inherent maintenance problems, each unit of the duplex owned separately is more prone to deteriorate.  The new Code will provide a variety of dwelling options that our current ordinance does not, with the intention of creating more affordable, sustainable housing, but we believe that a request for this much RM-D zoning for this neighborhood is not appropriate.

We urge you to plan the residential areas of Section 29 as a neighborhood before you define sections of it by zoning districts, and that, at the very least, you require a plat at the same time that you consider the rezoning of land in this section.  We specifically ask that you not consider rezoning these 60 acres until you have a preliminary plat at the same time that will fit into an overall neighborhood plan.

Sincerely yours,

Caleb Morse                                                     Jennifer Dropkin

President                                                          Land Use Committee