Memorandum

City of Lawrence

TO:	City Manager Mike Wildgen
FROM:	David L. Corliss, Assistant City Manager & Director of Legal                                                    Services
CC:	Sheila Stogsdill, Sandra Day
Date:	February 10, 2005
RE:	Lake Estates Rezoning

At the February 1, 2005  City Commission meeting the Commission denied the annexation of the Lake Estates residential subdivision proposal.  In addition the Commission denied (3-2) the two rezoning requests.  I did not provide good advice on the appropriate wording of the motion for this matter.  The City Commission’s authority with the positive zoning recommendation was to: 1) approve as recommended, 2) overrule with a 4 Commissioner vote, or 3) send back to the Planning Commission.  I recommend that the Commission reconsider their vote and appropriately send this matter back to the Planning Commission indicating their concerns to be reflected in the minutes.  Commissioner Highberger has also indicated an interest in having the Planning Commission review the possibility suggested by the applicant of closing the street to the north.

Suggested motion:

Reconsider the motions to deny the Lake Estates rezonings (Z-10-50-04 and Z-10-51-04) and approve a motion to refer the Lake Estates rezonings, without approval, to the Planning Commission.  Items for the Planning Commission to consider will be reflected in the City Commission minutes (yet to be approved), including concerns about appropriateness of the rezoning as it relates to adjacent rural residential uses and the configuration and necessary property interests for collector streets to serve the proposed development.  The Planning Commission should also conduct and prepare an area plan for the property and surrounding area.  The Planning Commission should also examine the possibility suggested by the applicant of closing the street to the north.