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PLANNING COMMISSION REPORT SUMMARY
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ITEM NO. 12A: USE PERMITTED UPON REVIEW FOR THE FOUNTAINS RETIREMENT CENTER; SOUTHEAST CORNER CLINTON PARKWAY & INVERNESS DRIVE (JLT)
SUMMARY
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.
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STAFF RECOMMENDATION: Planning Staff recommends approval of the UPR 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. Execution of a site plan performance agreement; 2. Revised Site Summary, Phase 1B, Area (Sq. Ft.), from 11,355 sq. ft. to 11,335 sq. ft.; 3. Recording of a revised final plat with the Register of the Deeds prior to the release of the site plan to Neighborhood Resources. 4. On site plan, relocate curb inlet in southeastern most villa driveway.
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Applicant’s Reason for Request: |
Proposed retirement facility consisting of independent and assisted living, skilled nursing, dementia care, and two-unit villas.
Lot 1 (Phases 3A-3B), 52 units on 5.812 acres + 46 dementia/nursing beds.
Lot 2 (Phases 1A-1D), 100 units on 6.618 acres =15.11 dwelling units per acre.
Lot 3 (Phase 2), 22 units on 4.258 acres = 5.166 dwelling units per acre.
Lot 4 (Phase 4), 30 units on 5.287 acres = 5.674 dwelling units per acre. |
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ASSOCIATED CASES/OTHER ACTIONS
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING No public comment received. |
PUBLIC HEARING ITEM:
ITEM NO. 12A: USE PERMITTED UPON REVIEW FOR THE FOUNTAINS RETIREMENT CENTER; SOUTHEAST CORNER CLINTON PARKWAY & INVERNESS DRIVE (JLT)
SUMMARY
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.
GENERAL INFORMATION
Current Zoning & Land Use: RO-1B (Residence-Office) District; vacant and undeveloped.
Surrounding Zoning and Land Use: To the north: RM-1 (Multiple-Family Residence) District - townhomes and school; PRD-2 (Planned Residential) District – townhomes; and RO-2 (Residence-Office) District – residence and animal clinic.
To the east: RO-1B (Residence-Office) District; vacant and undeveloped.
To the south: PRD-2 (Planned Residential) District; apartment complex and vacant, undeveloped land.
To the west: RM-1 (Multiple-Family Residence) District; duplexes.
Site Summary
The Fountains Retirement Center project, located on approximately 22 acres, is to be completed in four phases over a seven-year time period, (2005-2011).
Phase I:
Building 1A, 1B, 1C, 1D: Three-story independent living apartment building
(Information is per building)
Size: 34,005 g.s.f.
# of Units: 25 units - (4) one-bedroom, (21) two-bedroom
Total Parking Required: 1.5 parking spaces/one- or two-bedroom unit
38 spaces (includes 26 underground stalls)
Total Parking Provided: 38
Clubhouse:
Size: 28,530 g.s.f.
# of Buildings 1
Total Parking Required: 0
Total Parking Provided: 20
Phase II: Two-Unit Villas
Number of Buildings: 7
# of units per building: 2
Size: 4,444 g.s.f. per unit
Total Parking Required: 2 parking spaces per unit
28 spaces
Total Parking Provided: 56
Phase IIIA: Assisted Living and Dementia Building
Number of Buildings: 1
Total Size: 84,068 g.s.f.
Assisted Living Section
# of Units: 52 units - (28) one-bedroom, (24) two-bedroom
Total Parking Required: 1.5 parking spaces/one- or two-bedroom unit
78 spaces
Total Parking Provided: 45 (BZA approved variance to reduce # of required off-street
parking spaces on 10/07/04)
Dementia Section
# of Units: 16 beds
Total Parking Required: 1 parking spaces/3 beds
6 spaces
Total Parking Provided: 5 (BZA approved variance to reduce # of required off-street
parking spaces on 10/07/04)
Phase IIIB: Skilled Nursing Facility
Number of Buildings: 1
Total Size: 16,930 g.s.f.
# of Units: 30 beds
Total Parking Required: 1 parking spaces/3 beds
10 spaces
Total Parking Provided: 25
Phase IV: Two-Unit Villas
Number of Buildings: 19
# of units per building: 2
Size: 4,444 g.s.f. per unit
Total Parking Required: 2 parking spaces per unit
76 spaces
Total Parking Provided: 152
Reason for Request: Proposed retirement facility consisting of independent and assisted living, skilled nursing, dementia care, and two-unit villas.
Unit breakout: Independent Living: 100 units
Assisted Living: 52 units
Skilled nursing: 30 beds
Dementia Care: 16 beds
Two-unit Villas: 52 units
I. ZONING AND USES OF PROPERTY NEARBY
Staff Finding – The subject property is zoned RO-1B (Residence-Office) District, which allows for mixed uses such as professional and/or medical offices, and single- and multi-family residential homes. The subject property is surrounded by a variety of residential zoning districts such as RM-1 (Multiple-Family Residence) District, PRD-2 (Planned Residential) District, and RO-2 (Residence-Office) District.
II. CHARACTER OF THE AREA
Staff Finding – The subject property is located at the southeast corner of Inverness Drive and Clinton Parkway; the location of several existing and developing residential subdivisions. The subject property is surrounded on three sides by lower density residential development but to the south, abuts the Legends at KU, an apartment complex zoned PRD-2.
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 RO-1B (Residence-Office) District subject to approval of a Use Permitted upon Review. The proposed retirement facility is considered through the UPR process because nursing homes are listed in Use Group 7 as a conditional use. The independent living unit component is permitted by right based on the underlying density permitted in the base zoning district. The independent living units are proposed at a density of 15.11 dwelling units per acre, which exceeds the 12.44 dwelling units per acre permitted in the RO-1B District.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding – The property was originally zoned A (Agricultural) District, but was rezoned to RO-1B (Residence-Office) District in 1999.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Staff Finding – The proposed use will not alter the base zoning district nor detrimentally affect nearby property. The proposed use is surrounded by a variety of residential use types and zoning districts.
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 provide a variety of housing options for senior citizens in Lawrence.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
Horizon 2020 recognizes the need to provide a variety of housing opportunities through a specific policy found in Chapter Five, Residential Land Use.
Chapter Five – Residential Land Use
Residential Land Use Goals and Policies
Medium- and Higher-Density Residential Land Use
Pg. 5-24
“Policy 2.7(b): Encourage the use of a variety of housing types, including townhomes, patio homes, zero lot line homes, cluster housing, garden apartments and retirement housing.”
Staff Finding – The proposed request is consistent with the general principals of Horizon 2020 as identified.
STAFF REVIEW
UPR-09-09-04 is a Use Permitted upon Review for the Fountains Retirement Center; a multi-lot, multi-phased development that will provide a variety of housing options (independent and assisted living, skilled nursing, dementia care, and two-unit villas) for senior citizens in Lawrence. Proposed in five phases, the project is expected to begin construction of Phase I (Buildings 1A-1D and Clubhouse) in 2005 with the last phase, Phase IV completed in 2011.
Associated with the UPR file is PF-09-29-04, a 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. For purposes of ownership, each aspect of the phased development is associated with individual lots in the final plat: assisted living/dementia and skilled nursing – Lot 1; independent living and clubhouse – Lot 2; two-unit villas (7 buildings) – Lot 3; and two-unit villas (19 buildings) – Lot 4.
A central access driveway off of 24th Place located near the center of Lot 2 will split in two directions: to the right (east) provides access to buildings 1B and 1D , the skilled nursing facility and the assisted living/dementia building; to the left (west) provides access to buildings 1A and 1C and to the two-unit villas. Temporary turnaround bulbs are proposed to the west edge of Lot 3 until such time as the remaining two-unit villas are constructed on Lot 4.
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 with the following exceptions:
Density
The density of the independent living units must comply with the density permitted in the base zoning district to insure that this multi-family component conforms to the zoning requirements in the event the nursing home component is never built or is abandoned in the future.
Lot 2 proposes the construction of 100 independent living units in four separate buildings. Lot 2 has a total acreage of 6.618 acres, which represents a proposed density of 15.11 dwelling units per acre, which exceeds the 12.44 dwelling units per acre permitted in the RO-1B District. Lot 3, which proposes the construction of 22 units, is situated on 4.258 acres, which represents a proposed density of 5.166 dwelling units per acre. As a result, Planning Staff recommends that Lots 2 and 3 be combined on the associated final plat -- 122 units on 10.876 acres, which represents a total density of 11.21 dwelling units per acre so that this multi-family portion of the development conforms to the density limits in the RO-1B District.
Board of Zoning Appeals
Two aspects of the proposed development required review and approval by the Lawrence Board of Zoning Appeals (BZA) before the site plan could be brought before the Planning Commission for consideration. While the submitted site plan does not seek to vary from the required setback, density, or similar aspects, variances (B-09-25-04) were approved by the BZA at its October 7, 2004 meeting for the following two items:
1. Variance from Section 20-608 of the City Code, which allows a 35’ maximum building height for a structure in the RO-1B (Residence-Office) District. BZA granted a maximum building height of 40’ for Phase I, Buildings 1A through 1D. This increased building height is compatible with structures found at the PRD-2 zoned Legends at KU located south
of the subject property.
2. Variance from Sections 20-610 and 20-1212 of the City Code, which define the minimum number of parking spaces that are required for an assisted living apartment complex. The BZA approved a reduction in the number of spaces from 78 to 45 for the assisted living function of Phase IIIA.
STAFF RECOMMENDATION: Planning Staff recommends approval of the Use Permitted upon Review 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 conditions:
1. Execution of a site plan performance agreement;
2. Revised 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.