Memorandum

City of Lawrence

Planning and Development Services

TO:	David L. Corliss, City Manager
FROM:	Planning Staff
Date:	November 4, 2013
RE:	Zoning Conditions for Z-13-00351 – 1146 Haskell IL Zoning

This memo responds to the question received by Commissioner Farmer related to placing a condition on the IL zoning request that any future plans of any new owner of the subject property be contingent on approval by the City Commission with review by the Planning Commission.

Rezoning the property to the requested IL, with the list of prohibited uses, will afford any owner the right to develop to those uses without PC or CC review, unless a special use permit is required, with only administrative review of a site plan.  A basic tenet of zoning law is that properties, not people, are zoned and zoning should be found to be compatible with its surroundings regardless of ownership.  Once zoned, the uses are able to be used by any owner.  Staff has very little ability to know when ownership changes and instead tracks development through permits and actual observed use.  Staff does not recommend tying a condition of future use to a change in ownership.

In instances where the Commission desires to be more involved with the development of a property, the Commission has included a condition on zoning requests that any site plan, regardless of ownership, be approved by the City Commission after staff review and recommendation.  That zoning tool could be employed in this instance if desired by the Commission and is better able to be tracked and implemented by staff.  If used, the applicant’s presumed future site plan would need to be approved by the City Commission.

Recommended Options

1. Approve the request, with the noted prohibited uses, as recommended by the PC.

2. Approved the request as recommended by the PC with an added condition that any site plan for the IL zoned property be approved by the City Commission.