PC Minutes 10/25/06 - DRAFT

ITEM NO. 10:           RS7 to RM12; 10.74 ACRES; ALL OF LOTS 1-4 OF BLOCK 1 (SLD)

Z-07-21-06: A request to rezone a tract of land approximately 10.74 acres, from RS7

(Single Dwelling Residential) to RM12 (Multi-Dwelling Residential). The property is located at 3000 Sherwood Drive; all of Lots 1-4, Block 1, Deerfield Woods No. 3 Submitted by Donald Funk for Cheer Pole, Ltd., property owner of record.

STAFF PRESENTATION

Sandra Day introduced the rezoning item for Deerfield Woods and stated that the current zoning for single-family residential development is suitable and consistent with the development pattern of the surrounding area. She described the history of development of the area.

Staff recommended denial of the 10.74 acres from RS7 to RM12 District and forwarding it to the City Commission with a recommendation for denial based on the findings of fact found in the body of the staff report.

Commissioner Krebs asked staff if the historical issue impacted the rezoning.

Ms. Day responded that it would not.

The following is a memo given to the Commissioners from Lynne Braddock Zollner as an introduction and history on the proposed site:

The subject property for the above zoning request includes an archeological site commonly referred to as the “John Doy” site or farm.  According to the National Park Service Network to Freedom data base, on which the site is listed,

The Dr. John Doy homesite, today about three miles northwest of downtown Lawrence, Kansas was part of the original 160 acre tract where abolitionist, John Doy settled in October 1854 as part of the New England Emigrant Aid Company. Doy was called the “General Conductor” of the UGRR in the Lawrence area. On this property he lived in a log structure with family from 1854-1860. In 1999 the remains of a foundation, a limestone well and a cistern were discovered in a wooded part of the original tract by a neighborhood boy. Although no documentation has been found about UGRR activity on the property, there is ample documentation—including his own book published in 1860—of Doy’s UGRR activity. He was captured in January 1859 while taking 13 Blacks north on the UGRR. His daring rescue from the St. Joseph, Missouri jail by “The Immortal Ten” was reported nationally. In 2001, a pedestrian archeological survey of the Doy property was done. Although much of the former quarter-section of the Doy property has been developed, the ruins, some of the woods and a small creek still remain.

(Additional site investigation was done during the Summer of 2005)

Staff determined, based on a field survey using GPS equipment, that the “house” foundation portion of the site is located on land that is dedicated public right of way.  Any physical development of this land may be subject to K.S.A. 74-5401 through 74-5408.  Enacted in 1967, this state statute recognizes the state's awareness of the need to conserve significant archeological remains on state, county, and municipal lands. It establishes a commission to protect and regulate the removal of antiquities from these public lands.

Staff contacted the State Archeologist and is in the process of identifying the process that will be necessary for development to occur.

APPLICANT PRESENTATION

Applicant, Donald Funk, did not give a presentation.

Commissioner Harkins asked if the pump station was located off of the cul-de-sac.

Ms. Day said no, the street ends but access to the pump station is through a gravel drive at the end of the street.

Commissioner Harkins inquired if that was a dedicated street.

Ms. Day responded no, there was a utility easement that provided access to the pump station.

PUBLIC HEARING

Mike Riling, attorney representing a neighbor, said the neighbors were most concerned because they simply did not know what the plan was. He stated that the families who purchased these houses relied on the existing single-family zoning. He has not heard a good reason to change the zoning.

Judy Sweets, discussed the historic aspect for the underground railroad and would like to see the site preserved. She showed the Commission pictures of recent archeological activities documenting the site.

Debbie Filkins, mother of the child who found the historic site, expressed concern for the safety of children in the area with the possibility of increased traffic.

Mike Cisnero, stated that the neighborhood opposed the rezoning. He said that they are not opposed to development as single-family but they just do not want multi-family units due to the increase in traffic. He also thinks the historical site should be turned into a park.

Mel Wiedimeier, expressed concern about multi-family units and said he opposed this rezoning.

Kerry Altenbernd, would like to see the land preserved for future economic benefit.

APPLICANT CLOSING COMMENTS

Don Funk agreed with Mr. Altenbernd but he would like for someone to step forward so this will be passed on to future generations. He stated that he has owned the property for 15 years and would like to see something done with it.

STAFF CLOSING COMMENTS

Staff had no closing comments.

COMMISSION DISCUSSION

Commissioner Eichhorn asked staff if the Parks and Recreation Department were aware of this historic site.

Ms. Day stated that several different offices have been involved in the review of development requests for the area.

ACTION TAKEN

Motioned by Commissioner Burress, seconded by Commissioner Eichhorn to recommend denial of the rezoning based on the findings of fact presented in the staff report and forward it to City Commission.

Unanimously denied, 10-0.