ITEM NO. 12A:         USE PERMITTED UPON REVIEW FOR THE FOUNTAINS RETIREMENT CENTER; SOUTHEAST CORNER CLINTON PARKWAY & INVERNESS DRIVE (JLT)

 

UPR-09-04-04:  Use Permitted upon Review for The Fountains Retirement Center.  The property is generally described as being located at the southeast corner of Clinton Parkway and Inverness Drive.  Submitted by Landplan Engineering, P.A., for Inverness Park Limited Partnership, property owner of record.

 

ITEM NO.  12B:        FINAL PLAT FOR INVERNESS PARK PLAZA ADDITION NO. 5, A REPLAT OF LOT 2 & LOT 3, BLOCK ONE, INVERNESS PARK PLAZA ADDITION NO. 1; SOUTHEAST CORNER OF CLINTON PARKWAY & INVERNESS DRIVE (JLT)

 

PF-09-29-04:   Final Plat for Inverness Park Plaza Addition No. 5, a replat of Lot 2 and Lot 3, Block One, Inverness Park Plaza Addition No. 1.  This proposed retirement development contains approximately 25.976 acres and is located at the southeast corner of  Inverness Drive and Clinton Parkway.  Submitted by Landplan Engineering, P.A., for Inverness Park Limited Partnership, property owner of record.

 

STAFF PRESENTATION

Mr. Tully provided an overview of the project, noting the independence of all the proposed uses.  He pointed out that a Use Permitted upon Review is required to comply with the density restrictions of the underlying zoning.  In this case, one section of the development exceeded this restriction, while another section was beneath it.  Staff suggested replatting the property to combine Lots 1 &2 to achieve an overall compliance with the density restriction.

 

Mr. Tully said the applicant had stated agreement to Staff’s recommendation for recombining the lots with a revised Final Plat as stated in the Staff Report conditions.

 

APPLICANT PRESENTATION

Alan Mackey, Landplan Engineering, responded to the suggestion made by Comm. Burress at the Study Session that a bridge should be built to connect the development to Clinton Parkway.  Mr. Mackey said the proposed design provided several options for internal circulation, as well as connectivity to other neighborhoods.  Preliminary studies showed that bridge as suggested would have to be 50-60’ long across the drainageway to avoid disturbing the drainage channel flow.  Mr. Mackey felt a connection between the proposed senior residential development and the recreational uses along Clinton Parkway raised issues of security and safety, and he would not support making that connection.

 

Comm. Burress asked how the applicant felt about providing sidewalks on both sides of all streets in the development.  Tim Herndon of Landplan Engineering replied that the driveways in this development were quite wide and traffic would be infrequent, making it reasonably easy to cross the street to reach the provided single sidewalk.  He did not feel that adding more concrete to the development would be an asset and that conditioning this element would be excessive since it was not required according to the current Subdivision Regulations.

 

There was discussion about potential traffic volume, noting that full volume would not be reached until the entire project was complete in 2011.

 

PUBLIC HEARING

No member of the public spoke on this item.

 

COMMISSION DISCUSSION

The Commission had no further questions or comments.

 

ACTIONS TAKEN

ITEM 12A

Motioned by Comm. Jennings, seconded by Comm. Eichhorn to approve the Use Permitted upon Review for the Fountains Retirement Center as presented by Staff.

 

Motioned by Comm. Burress, seconded by Comm. Johnson to amend the motion to include the following condition:

 

5.  All internal streets shall have 6’ width concrete walks on both sides.

 

Motion to amend failed to carry, 3-5, with Comm. Burress, Johnson and Krebs voting in favor.  Comm.’s Haase, Riordan, Jennings, Erickson and Eichhorn voted in opposition. 

 

Motion on the floor was to approve the Use Permitted upon Review for The Fountains Retirement Center and forward it to the City Commission with a recommendation for approval, based on the findings of fact presented in the body of the Staff Report and subject to the following conditions:

 

  1. Execution of a site plan performance agreement;
  2. Revise the Site Summary, Phase 1B, Area (Sq. Ft.), from 11,355 sq. ft. to 11,335 sq. ft.
  3. Recording of revised final plat with the Register of the Deeds prior to the release of the site plan to Neighborhood Resources; and
  4. On site plan, relocate curb inlet in southeastern most villa driveway.

  

          Motion carried 6-2, with Comm.’s Haase, Riordan, Jennings, Erickson, Krebs and Eichhorn voting in favor.  Comm.’s Burress and Johnson voted in opposition.

 

ITEM 12B

Motioned by Comm. Krebs, seconded by Comm. Johnson to approve the Final Plat for Inverness Park Plaza Addition No. 5 and forward it to the City Commission for acceptance of easements and rights-of-way, subject to the following conditions:

 

1.       Revise final plat to provide lot configuration to meet dwelling unit density requirement for RO-1B zoning for the independent living portion of the development;

2.      Provision of the following fees and recording documentation:

a.      Current copy of paid property tax receipt at the time of submittal of the final plat for filing;

b.      Recording fees made payable to the Douglas County Register of Deeds; and

c.        Submittal and approval of a Master Street Tree Plan.

3.       Execution of a Temporary Utility Agreement;

4.      Submittal of public improvement plans to Public Works Department prior to filing of the final plat;

5. Revise final plat to show existing rights-of-way on 24th Place and Inverness Drive;

6.  Pinning of the lots in accordance with Section 21-302.2;

7.  As per UPR Layout and Landscape Plan, add note, “Revised 100 Year Floodplain Line – LOMR (2003)” to final plat;

8.   Provide Minimum Exterior Building Opening (MEBO) information; and

9.  Add the following notes to the final plat:

a.  No fences or obstructions shall be constructed within dedicated drainage easements;

b. Any additional easements determined to be required during the engineering of public improvements for each phase shall be dedicated through separate instrument;

c. The existing tree line in the Clinton Parkway right-of-way shall be preserved; and

d.  All designated collector streets to have 6’ width concrete walks on both sides per City of Lawrence standards.        

 

          Motion carried unanimously, 8-0.