PUBLIC HEARING ITEM:
ITEM NO. 8: A TO RS-1; 41 ACRES; EAST OF GEORGE WILLIAMS WAY AT HARVARD ROAD (SLD)
Z-11-40-03: A request to rezone a tract of land approximately 41 acres from A (Agricultural) District to RS-1 (Single-Family Residential) District. The property is generally described as being located east of George Williams Way at Harvard Road. Initiated by the Planning Commission at the November 19, 2003, meeting.
GENERAL INFORMATION
Current Zoning and Land Use: A (Agricultural) District; existing open space and natural drainage way.
Surrounding Zoning and Land Use: RS-2 (Single-Family Residence) District within the interior of the park boundary; undeveloped, (proposed Fox Chase South subdivision).
RS-2 District to the northeast and east; developing residential neighborhood.
RM-D (Duplex Residential) District to the southeast; developing duplex residential homes (Ironwood Addition).
RM-1 (Multiple-Family Residence) District to the south and southeast; developed residential homes including single-family, duplex and triplex units (Long Leaf Addition).
RS-1 (Single-Family Residence) District to the west. USD 497, Langston Hughes Elementary School.
A (Agricultural) District to the northwest and north. Pending RS-2 District (Z-09-29-02) and RM-1 District (Z-09-30-02) (Diamondhead development to the west). RM-1 District to the north (Z-10-31-03). Indefinitely deferred by the City Commission.
Reason for Request: Initiated by the Planning Commission. Property was annexed into the City Limits and the Agricultural zoning was never addressed. The area to the east and the interior area have been approved for residential development.
I. ZONING AND USES OF PROPERTY NEARBY
Staff Finding - The subject property is surrounded by a variety of residential zoning districts and land uses. The area is dominated by developing residential land uses.
II. CHARACTER OF THE AREA
Staff Finding – The surrounding area is a developing residential neighborhood which is anchored by an elementary school and a large public open space.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
Staff Finding – The subject property is not intended for development. The property is owned by the City of Lawrence and is intended as a public open space/park. The active park area will be located along George Williams Way. The remaining area will be marginally accessible as public open space. The primary purpose for the east and west legs of the open space is surface drainage/runoff.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding – The subject property is zoned A (Agricultural) District and has remained vacant since 1966.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Staff Finding – The proposed zoning is consistent with a majority of the surrounding land uses. Any improvements to the property will require site plan approval. No detrimental impacts are anticipated as a result of the proposed change.
VI. RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY AND WELFARE BY THE DESTRUCTION OF THE VALUE OF THE PETITIONER’S PROPERTY AS COMPARED TO THE HARDSHIP IMPOSED UPON THE INDIVIDUAL LANDOWNERS
Staff Finding – There are no anticipated negative impacts on individual landowners that result from the proposed change of zoning. Any improvements for the active area of the park are subject to site plan requirements. The proposed change will improve the administrative and mapping analysis of the zoning districts.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
The comprehensive plan addresses land use and not specific zoning districts. The subject property is unique in that it is publicly owned. Much of the property is unsuitable for development as it is an existing natural drainage way. Development is not anticipated or expected.
Chapter Nine of Horizon 2020 addresses parks, recreation, and open space needs in the community. The plan states that the parks and recreation systems consist of three elements: “sites, facilities, and programs.” These elements together provide a range of leisure time experiences and help to protect the environment. They also “define and delineate neighborhood areas.”[1]
The subject property was identified as a public park and purchased by the City of Lawrence several years ago. The property was annexed as part of the W. 6th Street improvement project and will also be included in the George Williams Way benefit district. Development has been approaching the park property from the east and south. Most recently, a zoning request for the interior portion of the subject property was rezoned to RS-2 for residential development (Fox Chase South). During the review of the Fox Chase South plat, staff identified the need to pursue zoning for the city property.
Staff Finding - The city does not have a specific zoning designation for public properties and parks. The RS-1 District and the RS-2 District have historically been the default zoning category for public properties. The proposed RS-1 District is consistent with the residential character that surrounds the property and consistent with similar park properties including Mary’s Lake, Naismith Valley and Holcom Parks.
STAFF REVIEW
The proposed request was identified as a need by staff during the review of the Fox Chase South development. The Planning Commission initiated this zoning change as part of the November Planning Commission meeting. There is no residential development anticipated or associated with the subject property other than the development occurring along the boundaries.
The RS-1 (Single-Family Residence) District is considered to be a holding district. Upon adoption of the new code a more appropriate district may be considered to distinguish between public and private property. The proposed change will, in the interim, allow for improved administration of the zoning code and the map requirements. Often times, the A (Agricultural) District is mistaken for a property that is not yet annexed. As discussed above, the subject property is within the city limits.
The primary purpose of this change is for mapping and administrative purposes. No development proposals are associated with the public property. A typical requirement for urban zoning is to plat the property. In this case platting is not immediately necessary. Specific boundaries are defined as a result of the plat process along the boundaries of the public property. Staff recommends that a plat of survey be completed for the property and recorded with the Register of Deeds office to serve as the official document describing the subject property. Improvements of the active portion of the property for park purposes (along George Williams Way) will be subject to subdivision plat and site plan requirements in the future.
PROFESSIONAL STAFF RECOMMENDATION
Planning Staff recommends approval of rezoning approximately 41 acres from A (Agricultural) District to RS-1 (Single-Family Residence) District and forwarding of it to the City Commission with a recommendation for approval based upon the findings of fact presented in the body of the staff report, subject to the following condition:
1. Execution and recording of a plat of survey for the subject property prior to publication of the zoning ordinance.