June 17, 2003

Contact: Lynn Bretz, University Relations, (785) 864-8866.

University asks city for study group to discuss 'flawed' zoning proposal

University of Kansas Provost and Executive Vice Chancellor David Shulenburger sent the following letter to Lawrence City Manager Mike Wildgen in response to the city's recent proposed university zoning district. Shulenburger says in the letter that KU had no input and the proposal is flawed. The provost asks that a joint city-university study group be appointed to discuss the issue.

June 13, 2003

Mike Wildgen, City Manager
City of Lawrence
6 E. Sixth Street
Lawrence, KS 66044-0708

Dear Mike:

I have received a copy of your letter of June 9 to Jane Eldredge of Barber, Emerson, Springer, Zinn & Murray, L.C., responding to her letter, which had offered general observations on the city's proposed university zoning code. The response from the city suggests it has rejected our request to withdraw this flawed document before it proceeds further. I am writing out of concern that this document is on a rigid timetable for approval and could ultimately harm a very effective city and university relationship.

The university and the city of Lawrence have cultivated an extraordinarily successful partnership, so successful that Lawrence's quality of life and economic and cultural vitality are the envy of many communities not only in Kansas but also around the nation. This partnership is the result of mutual respect, cooperation on all manner of issues and an understanding that our futures are entwined. The past several decades, the university has engaged in measured, high-quality growth and today is committed to building an even stronger relationship with adjacent neighborhoods and the city.

The absence of dialogue, interaction during the drafting process or calls for information from the city did not prepare us -- or likely anyone -- for the unusual dimensions of the proposed university zoning district. Of chief concern is the proposed internal buffer zone for the university, which would give the City Commission the authority to dictate construction, renovation, signage and parking plans in a 150- to 250-foot band within the university's property line. Additionally, as we understand the scope of the document, the proposed zoning indicates the city could actually control decisions regarding the entire campus.

Had this code been in effect, it would have given the City Commission authority over renovation and signage at Memorial Stadium, the design for the School of Education's new J.R. Pearson Hall, the Malott Gateway at 15th and Iowa and the size of banners outside GSP-Corbin halls, to cite a few examples. I question whether the vibrant, nationally prominent university we enjoy today would have been possible had this proposed zoning ordinance been implemented 25 or 30 years ago. With this proposed ordinance, the record instead might be one of costly delays and inefficient logjams, conflicts over state and city regulations, and inability to respond in due time to educational needs.

While the stated purpose of most university zoning districts is to promote and to provide flexibility for development (including an alternative overlay or buffer district in Wichita that is adjacent to university property), the Lawrence plan proposes to control development within the university. As Jane Eldredge's letter stated, this zoning proposal is contrary to the state processes the university must follow as a state agency fulfilling a statewide educational mission and is inconsistent with state law.

We welcome the opportunity to participate in public "listening meetings" for interested stakeholders; however, the call for such meetings is premature for this fundamentally flawed document.

I ask the city to join the university in appointing the appropriate city and university staff to participate in a study group to begin a dialogue as soon as possible. It is not too late to engage in a constructive conversation regarding how best to approach the issue of zoning. I look forward to hearing your response to this request.

Sincerely,
David Shulenburger
Provost and Executive Vice Chancellor