PUBLIC HEARING ITEM:
ITEM NO. 8: USE PERMITTED UPON REVIEW FOR DAYCARE CENTER; 3340 PETERSON ROAD (SLD)
SUMMARY
UPR-03-01-04: Use Permitted upon Review request for a daycare center. The property is located at the Art Executive Office Park at 3340 Peterson Road (NW Corner of Peterson Road and Sterling Drive). Submitted by Greg A. Cromer, applicant. Cheer Pole, Ltd, c/o Art Executive Office Park, LLC, is the property owner of record.
GENERAL INFORMATION
Current Zoning and Land Use: O-1 (Office) District developing office center.
Surrounding Zoning and Land Use: PRD-2 (Planned Residential District) to the west developing residential project.
RO-2 (Residential-Office District) to the southwest; undeveloped
RS-2 (Single-Family Residential District) to the north and northwest, RS-2 (Single-Family Residence) District to the south with a PUD overlay; developed residentially.
RM-1 (Multiple-Family Residence District) to the east; developed nursing care facility
Site Summary: 1 Lot (319,720 SF/9.68 Acres Gross Area)[1]
Phase 1 Phase 2
Building A 13,776 SF (6,900 SF of existing building)
Building B 16,400 SF
Building C 18,860 SF
Building D 19,680 SF (39,360 SF two story)
Total Building Coverage: 30,176 SF 38,540 SF
Total Open space: 61,999 SF (4,740 SF of exterior play area)
Total Off-Street Parking: 266 spaces total required; 270 spaces provided
Phase 1: 68 spaces at 1 to 300 [90% of Net area]
23 spaces at 1 to 100 [10% of Net area
Phase 2: 131 spaces at 1 to 300 [90% of Net area]
44 spaces at 1 to 100 [10% of Net area]
Reason for Request: Proposed childcare facility to be located within existing office building. Maximum capacity is 69 students (13 staff).
I. ZONING AND USES OF PROPERTY NEARBY
Staff Finding – The surrounding area is zoned predominantly for residential uses. The proposed use would be located within an existing office building which is part of a larger office complex.
II. CHARACTER OF THE AREA
Staff Finding –The subject property is located at the intersection of several existing and developing residential neighborhoods. The subject property is site planned for office development. The surrounding area is characterized by existing residential homes to the north, east and south.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
Staff Finding – The proposed use will not alter the base zoning district. The proposed use is permitted in the office district subject to approval of a Use Permitted upon Review. A business operation the location is ideal in non-residential district, but in close proximity to existing residential development.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
The property was originally zoned RO-1 in 1988. The initial plat for the development proposed C-2 (Neighborhood Shopping District). The general intent was to provide a location for “neighborhood commercial” uses that would serve the surrounding 150-acre development. To address concerns about development intensity the property was rezoned from RO-1 to PCD-1 in July 1989. However, a development plan was never filed for the subject property. The property was later rezoned from PCD-1 to O-1 in 2000 in anticipation of the office development (SP-05-32-00).
Staff Finding – The subject property was rezoned for office development in 2000. The property is developed with the first phase of the planned office development. Two additional office buildings are planned for phase 2 along Kasold Drive.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Staff Finding – The proposed use will not alter the base zoning district. The proposed use is located within an existing non-residential development, but in close proximity to an existing residential neighborhood.
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 – Approval of the request will expand childcare options within the existing and developing nearby neighborhoods.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
The comprehensive plan does not address UPR’s but does state: “Public and semi-public land uses include municipal facilities, schools, universities, parks, recreation and open space and a range of institutions.” The plan also states the need for such land uses is difficult to project partially due to the fact that such facilities are “controlled by jurisdictions over which the City and or/or County has limited (or no) control.” “The plan therefore considers areas shown for the various residential categories as appropriate for many public and semi-public uses, provided access and buffering are considered in their location.”
The plan reiterates the importance of schools in a predominantly residential community and such facilities provide an important cultural, recreational and social role in that community. The plan encourages a cooperative effort among jurisdictions in the decision making process that affects the community but which generally focuses on the location or expansion of new facilities. This theory can also be attributed to other community type facilities such as daycare and nursing home type facilities which provide both an anchor within a residential neighborhood and appropriate community services within a neighborhood area.
With specific regard to early childhood education the plan states: There is a need for expanded early childhood daycare to provide parents greater schedule and employment flexibility. Increased daycare and preschool services are encouraged for ages one through kindergarten.
The following goals and policies related to the proposed request are as
follows:
|
Goal 1: Provide Facilities and Services to Meet the Needs of the Community: Provide quality public and semi-public facilities equitably distributed throughout the community. Policy 1.1: Maintain Existing Facilities a. Encourage the adaptive reuse or redevelopment of excess community facilities and sites. b. Maintain or upgrade existing facilities and services where necessary to serve existing development. Policy 1.3” Coordinate the Delivery of Services a. Plan cooperative use of facilities, services and land to optimize use of resources and avoid duplication. b. Encourage the coordination of services and facilities among this municipal service providers engaged in similar services in the community. Policy 1.4 Combine Facilities a. Encourage multiple uses of educational facilities for recreation and/or other service programs. b. Promote combined public facilities such as school/community centers, policy/fire stations, or library/community centers in several locations throughout the community to improve accessibility and promote efficient delivery of services.
|
The plan also provides recommendations regarding physical location, and encourages community facilities designed to serve larger populations be located on arterial and collector streets in non-residential areas.
· Staff Finding – The proposed request utilizes existing building space, therefore some of the site location land use recommendations are not applicable. The proposed request is, however, consistent with the general principals of Horizon 2020 outlined above.
STAFF REVIEW
Section 20-1608 of the City Code requires that a UPR application be accompanied with a site plan meeting the contents of the Site Plan provision of the Code (Section 20-1431). Section 20-1611 states: "It is necessary to give special consideration to certain uses because they are unique in nature, require large land areas, require greater density, are potentially incompatible with existing development or because effects of such uses cannot definitely be foreseen, or more intensely dominate the area in which they are located than do other uses permitted in the district..."
The Code provides two general guidelines in considering the application:
(a) The proposed use and site plan conform to the purpose and intent of the ordinance.
(b) The proposed use and site plan will not under the circumstances of the particular case regarding setback, height, density, and similar aspects be objectionable or be detrimental to the general welfare of the community and neighborhood in which it is proposed to be located.
The proposed use and site plan generally conform to the purpose and intent as conditioned. The plan does not seek to vary from the required setback, height, density or similar aspects, and specifically does not propose any building modifications to the existing footprint of the building. The site plan does identify an outdoor area located on the east side of the building that will require fencing as shown on the site plan. A four foot high cedar fence is proposed along the east side of the building to enclose the play area. The fence will be setback 15’ from the east property line and approximately 30’ from the west curb line of sterling Drive.
Section 20-1432 provides the conditions of approval that are required for a site plan. There are no physical improvements proposed for this site. The proposed site plan represents the site in its existing condition. Access to the parking lot is provided via existing driveways from Sterling Drive and Peterson Road. The existing development was approved as a site plan. The landscape details are not proposed to be altered by the proposed change of use. Staff recommends that additional landscape be added along the fenced area along between the fence and the right-of-way to provide additional noise buffer from the exterior play area.
PROFESSIONAL STAFF RECOMMENDATION: Planning staff recommends approval of the Use Permitted upon Review and forwarding 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 conditions:
1. Provision of a revised site plan to include the following changes:
a. Label contour lines.
b. Provision of a note on the face of the site plan that states: “This site has been designed to comply with provisions of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) for buildings and facilities, appendix A to 28 CFR part 36.”
c. Provision of additional shrubs along the fence between the fence and Sterling Drive, per staff approval
Review Comments from Other Departments/Agencies
Public Works/Engineering:
1. Reflect all existing conditions including easements, utilities, pavement types & depth and dimensions.
a. Note existing easement along north side of Sherwood Drive (Revised)
b. Note existing easement along Sterling Drive(Revised)
c. Note existing sanitary sewer(Revised)
d. Show and note existing water line(Revised)
e. Show and note existing reinforced concrete apron for driveway from Sterling Drive and Peterson Road(Revised)
f. Label existing sidewalk along east side of Sterling Drive(Revised)
g. Note existing drainage easement along Peterson Road(Revised)
h. Note existing parking lot, curbs, gutters, including dimensions(Revised)
i. Show 100’ KPL easement along North side of Peterson Road. (Revised)
Stormwater Engineer: No comments
Traffic Engineering:
1. Is there sufficient off-street parking for all staff and also for parents dropping-off and picking up children? (Plan shows minimum required parking)
2. Is the 7 step traffic study required? (Update to existing TIS provided)
Municipal Utilities: Public sewer should be extended from N. Side of Sherwood Drive to south side to serve these buildings. (Applicable to new development/buildings on site.)
Neighborhood Resources:
1. Building permit required for change in use
2. Need to indicate ADA parking spaces and access aisle. (Must be located on the shortest accessible rout of travel to the closest entrance.) (Revised)
Parks Department: Reference approved site plan for landscape detail. Replace all dead landscape material as applicable. (Applicant notified)
Sanitation Department: No comment received
Police Department: OK
Fire Department: No comment
Westar Energy: No comment
Aquila, Inc: No comment received
Southwestern Bell: No comment received
Planning Department:
1. Add notes to face of the site plan regarding sanitation trucks and damage per section 20-1431(n). (Revised)
2. Incorporate notes at bottom of drawing as general notes. (Revised)
3. Revise note regarding previous submittal of phase 1 and 2 to include site plan number “SP-05-32-00”. (Revised)
The
following map represents existing daycare facilities within the City of Lawrence.
Home daycare facilities and elementary school programs are excluded.