_{Lawrence-Douglas County Planning Office}

Memo

To:      City Manager Mike Wildgen

From:   David R. Guntert and David Corliss

CC: Linda Finger; Sheila Stogsdill

Date:    1/27/2005

Re:      Protest Petition Report for Z-10-51-04: Rezoning of 9.728 Acres from A-1 to RM-D District

The referenced rezoning case was considered by the Lawrence-Douglas County Metropolitan Planning Commission during their meeting on December 15, 2004 (Item No. 8C on the December agenda).  At the conclusion of the public hearing, the Planning Commission unanimously voted (10-0) to approve the zoning of approximately 3.13 acres of the subject property from A-1 (Suburban Home Residential) District to RS-1 (Single-Family Residential) District rather than going with the original RM-D District requested by the applicant.  Their recommendation for RS-1 District was based upon the Lesser Change Table and the findings of fact presented in the body of the staff report.  The recommendation of the Planning Commission was also subject to a condition of the recording of a final plat prior to publication of the rezoning ordinance.  The remainder of the RM-D request was tabled to the February meeting.  The Planning Commission also initiated zoning for the same tabled area to RS5, which will also be considered at the February Planning Commission meeting.

Following the conclusion of the public hearing by the Planning Commission, several area property owners filed protest petitions with the City Clerk’s Office opposing the rezoning request.  These petitions were filed within 14 days of the conclusion of the Planning Commission’s hearing.  The protest petitions oppose the rezoning of the subject property to RM-D District.  The Planning Commission recommendation is to approve zoning of only a portion of the subject property to RS-1 District.  The protest petitions were signed by:

J Philip Hoffman                  1439 E 920 Road       PIN #023-113-05-0-30-02-014.00-0

Francois G. Henriquez, II      1436 E 920 Road       PIN #023-113-05-0-30-01-003.00-0

Judy G. Paley                    1448 E 920 Road       PIN #023-113-05-0-30-01-002.01-0

The protest petition signed by J. Philip Hoffman is for property owned in common with Mary Ann Hoffman.  Similarly, the protest petition signed by Judy G. Paley is for property owned in common with George F. Paley.  Staff did not include their protest petitions in the initial calculations for determining the protest percentage because there is a question as to whether both record owners need to be a party to the protest petition for it to be valid.

Based upon using only the property owned by Francois G. Henriquez, II, staff has determined there is not a sufficient amount of real property in the protestable area surrounding the subject property to constitute a valid protest petition. The protest petition is against RM-D zoning, the Planning Commission only recommended that the northern portion of the original request be rezoned to RS-1 District and deferred the balance of the request to the February Planning Commission meeting.  The protest petition is also not valid because the protest is not against what the Planning Commission recommended (RS-1).  When a valid zoning protest petition is involved, the City Commission has to have a ¾ vote of all the members to pass the amendment.   If the City Commission were to seek to rezone the property to RM-D, a super majority (4 votes) would also be required. 

Z-10-51-04 Protest Petition Memo; page 2

A map is attached depicting all the properties in the notification area surrounding the subject RM-D zoning request and the properties owned by those protesting the zoning request.

Calculations for the protest petition are as follows:

Total area of zoning notification buffer (not including subject property or rights-of-way) = 80.839 acres

Total area of properties protesting the zoning request (not including Hoffman property) = 9.796 acres

Percent of the notification area property protesting the zoning = 9.796 acres/80.839 acres = 12.12%