Memorandum

City of Lawrence

Planning Department

 

TO:

Mike Wildgen, City Manager

FROM:

Planning Staff

Date:

August 4, 2005

RE:

Moratorium Exception for 500 Florida St.

 

Project History.

The HOP District Plan was approved by the City Commission at their May 10, 2005 meeting.  At that meeting the Commission instructed staff to look into putting new moratoriums in place for the plan’s “identified areas in need of zoning review” to allow the neighborhoods to study the areas.  On June 7, 2005, the City Commission approved building moratoriums for the three HOP District identified areas.  Since the building moratorium approval, each neighborhood has been working to put together study groups and each is looking at possible zoning revisions based on incompatibilities with existing land uses. 

 

Project Status.

On July 7, 2005 there was a request for an exception from the building moratorium for the property located at 500 Florida Street.  This property is located in one of the identified area that is in the Pinckney Neighborhood Association.  July 19th the City Commission received the request and on July 28th the Pinckney Neighborhood Association President, a member of the study committee, and the petitioner met to discuss this project.  

Representatives for Pinckney Neighborhood and the study committee have communicated to staff that they would not support this exception.  They have indicated a desire to work with the applicant on a more compatible building design, as well as, complete their task of studying the area for zoning and land use inconsistencies, which was the reason behind establishment of a moratorium. (See attached letter from neighborhood/study committee).

 

To the Lawrence City Commissioners:

 

On July 28, 2005, as representative of the Pinckney Neighborhood Association I met with JR Demby with Stephens Real Estate and property owner Barbara Sabol  regarding development of the property at 5th and Florida.

 

I told them that we wanted to meet informally with them and express a couple of concerns we had.  I said we would like to see parking in the rear of the project for aesthetics as well as to minimize curb cuts on Florida St.  Mr. Demby said that is probably not doable.

 

I also said we would like to see as many of the mature trees now on the property kept.  He said they would do what they could and, if trees were removed, they would plant new trees.

 

They said this would be rental property.  They have said several times they intend to make this available to low and moderate income families, but when I asked them what the units would rent for, they said that was private information.

 

Also, they have said they want this to be handicapped accessible but as Mr. Demby's letter shows, they may not do this either.

 

Based on our conversation and Mr. Demby's letters, I see no reason for them to get an exemption to the existing development moratorium.  I understand that exemptions are intended for emergency work to be done on existing dwellings, not for new development.

 

I see no urgency in this project.  I have lived around the corner from this property for 20 years, and for most of that time I expected the old house to fall down on its own.  Ms. Sabol said for the last several years no one was supposed to be living in the house and any people living there were trespassing.

 

Since this property has been neglected for many years, had not been earning income for the owner, and there was plenty of time to do something previously, I see no case for urgency. Also, their use of  "low and moderate income" and "handicapped accessible" seem to be mostly buzz words used to impress the City.

 

As a matter of public policy I believe that exceptions to existing policy, such as an exemption to this moratorium, should be given only in limited cases. It is not warranted in this case and, if given, will make it more difficult to maintain this or future moratoriums.

 

An exemption should not be given to these parties, and the neighbors should continue working with the City on an overall HOP Area Plan and see how that turns out.

 

 

Steve Braswell

President, Pinckney Neighborhood Association

427 Michigan St.

Lawrence, KS 66044

785-841-6902

steve@acornwebworks.com@sunflower.com