BIG EIGHT ENTERPRISES, L. C.
P.O. Box 754
Lawrence, Kansas 66044

November 7, 2005

Boog Highberger Mayor

City of Lawrence City Hall

Six East Sixth Street Lawrence, Kansas 66044

Terry Riordan

Planning Commission Chair

Lawrence/Douglas County Planning Commission City Hall

Six East Sixth Street

Lawrence, Kansas 66044

Re: Proposed Rezoning of 640 Arkansas Street, Lawrence, Kansas Dear Mayor:

I am writing on behalf of Big Eight Enterprises, L.C., the owner of record of property located at 640 Arkansas Street, in Lawrence, Kansas. I am the Manager and Managing Member of Big Eight Enterprises, L.C. It has come to my attention that the City Commission has decided to initiate the re-zoning of several properties, including our property located at 640 Arkansas Street.

Please be advised that Big Eight Enterprises, L.C. opposes the re-zoning of 640 Arkansas Street. Our property consists of 8 rental units and a laundry unit, situated on two lots, and is zoned C-5 limited commercial district. The laundry unit and 4 of the rental units face Arkansas Street, and have the potential to be leased for a variety of commercial purposes, consistent with the existing C-5 zoning category. At the time that we purchased this property, we had a reasonable expectation that we would be allowed to use the property consistent with the existing C-5 zoning category. Consequently, we are fully invested in our property, and consider the alternative uses permitted under the C-5 zoning category to be a material factor in the valuation and marketability of our property.

We consider ourselves to be responsible property owners, and as the Manager of this property I am not aware of a single past complaint regarding the zoning or ownership of this property. The adjacent property immediately to our South is zoned C-5, and is currently used for commercial purposes (Motorcare). Just to the West of this is another existing C-5 commercial use (Louise's West). North of our property less than one-quarter of a block there are existing C-5 commercial uses on both sides of Arkansas Street (including McDonalds). As you can see, the

property at both ends of our block are zoned C-5, and are currently used for commercial purposes.

Our present zoning is consistent with the existing C-5 zoning of several properties both to the South and North of our property, yet to our knowledge there is no pending request or recommendation to down-zone any of these other C-5 use properties located adjacent to or within one-quarter of a block of our property. We believe that this amounts to disparate treatment among property owners, and are concerned that this will result in a loss of valuation and have a detrimental affect on the marketability of our property.

Our property is not spot zoned, our present zoning is consistent with other properties up and down the street, and we are steadfastly opposed to this attempt to re-zone our property without our consent. There has been absolutely no showing or finding by the City prior to this date of a particular "need" to re-zone our property nor, to my knowledge, has anyone from the City made any effort to communicate with us. The only communication that we have received from the City, in a letter dated October 21, 2005, simply states that the City is going to act to down-zone us at their November 14.

It is common knowledge that the City is currently considering adoption of an entirely new zoning classification system. Why is it that this down-zoning action is happening now? It seems prudent that no action of this kind should be taken with such a sweeping zoning change pending. We would prefer to have the opportunity to review what our zoning would allow under the new zoning classification once it is adopted, and then discuss options at that time.

The final determination the City basis its action on should take into account, and emphasize, the potential use of the individual property, the existing zoning category, the use of other properties up and down the street, the reasonable expectations for use at the time that the property was purchased, the detrimental affect that re-zoning will have on the valuation and marketability of the property, compensation paid (or lack thereof) to the property owner for diminution in value as a result of the proposed change in zoning, and the benefit or harm to the community at large. We ask that the City take all of these factors into account and, in so doing, are confident that you will agree with us that re-zoning of our property is not appropriate under these circumstances.

If you have any questions, require any additional information, or if I may be of any assistance, please do not hesitate to call me. Thank you for your consideration.