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PLANNING COMMISSION REPORT SUMMARY PUBLIC HEARING ITEM |
ITEM NO. 10B: USE PERMITTED UPON REVIEW FOR VILLAGE MEADOWS RETIREMENT COMMUNITY; NORTH OF W. 6TH STREET AND WEST OF CONGRESSIONAL DRIVE (PGP)
SUMMARY
UPR-09-03-04: Use Permitted Upon Review for Village Meadows Retirement Community. The property is generally described as being located north of W. 6th Street and west of Congressional Drive. Submitted by Paul Werner Architects, L.L.C., for Continuum Associates LTD, contract purchaser. B J Mellmanor Townhouse Apartments, L.L.C., and 6WAK Land Investments, L.L.C., are property owners of record.
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STAFF RECOMMENDATION: Planning Commission forward the Use Permit Upon Review to the City Commission with a recommendation for approval, based upon the findings of fact presented in the body of the Staff Report and subject to the following conditions:
a. Show the detention basin improvements associated with this site. The detention system must be completed prior to occupancy. Provide DE’s for the system and submit public improvement plans for review prior to release of the plan to the building inspector. b. Storm sewer information is incomplete. Show all existing storm sewer locations and elevations. Show all proposed storm sewer locations, elevations and sizes. c. Provide additional curb inlets to capture runoff in the southeast entrance drive. Report the project bench mark on the site plan. d. Storm sewers located in the single-family and duplex area must be public systems. Provide DE’s for these systems and submit public improvement plans for review prior to release of the plan to the building inspector. e. Per City Code Section 9-903(B), a stormwater pollution prevention plan (SWP3) must be provided for this project. This project will not be released for building permits until an approved SWP3 has been obtained. Construction activity, including soil disturbance or removal of vegetation shall not commence until an approved SWP3 has been obtained. 8. Approval of rezoning of the property to a residential zoning district which would accommodate the proposed use.
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Applicant’s Reason for Request: |
To develop a continuum care retirement community. |
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KEY POINTS · Property is vacant. · Adjacent Congressional Drive and Overland Drive were recently completed through a Benefit District. · Property included prior 6 Wak Apartments PUD approval. · A rezoning of the property to RO-1B has been submitted.
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ASSOCIATED CASES/OTHER ACTION REQUIRED
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING No Public comment received. |
PUBLIC HEARING ITEM:
ITEM NO. 10B: USE PERMITTED UPON REVIEW FOR VILLAGE MEADOWS RETIREMENT COMMUNITY; NORTH OF W. 6TH STREET AND WEST OF CONGRESSIONAL DRIVE (PGP)
SUMMARY
UPR-09-03-04: Use Permitted Upon Review for Village Meadows Retirement Community. The property is generally described as being located north of W. 6th Street and west of Congressional Drive. Submitted by Paul Werner Architects, L.L.C., for Continuum Associates LTD, contract purchaser. B J Mellmanor Townhouse Apartments, L.L.C., and 6WAK Land Investments, L.L.C., are property owners of record.
Current Zoning and Land Use: Existing O-1 (Office) and PRD-2 (Planned Residential Development) Districts pending rezoning to RO-1B (Residence-Office) District [Z-09-42-04]; Vacant.
Surrounding Zoning and Land Use: A (Agricultural District) & PRD-2 to the north; Undeveloped (City park land) & undeveloped residential.
PCD-2 (Planned Commercial Development) District to the east, Vacant.
RO-1A (Residence-Office) District to the south, W. 6th Street – across is an apartment complex and proposed office building.
A (Agricultural) to the west, undeveloped.
Reason for Request: To develop a continuum retirement community.
SITE SUMMARY
Village Meadows 17.874 acres
INDEPENDENT LIVING
38 Independent Living Dwelling Units in 38 Single Family Houses
16 Independent Living Dwelling Units in 8 Duplexes
48 Independent Living Dwelling Units in 3 – 16plex Apartments
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102 Independent Living Dwelling Units
CONTINUING CARE RETIREMENT CENTER BUILDING
Independent Living, 138 dwelling units
Assisted Living, 46 dwelling units
24 Alzheimer’s units, 24 dwelling units
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Continuing Care Retirement Center = 208 Dwelling Units
VILLAGE MEADOWS UPR = 102 + 208 = 310 Dwelling Units
I. ZONING AND USES OF PROPERTY NEARBY
Staff Finding - The proposed zoning of the site is RO-1B (Residence-Office) District, which would allow residential and office land uses, and the property is undeveloped. The surrounding area includes proposed planned commercial development to the east across Congressional Drive; Future park and duplexes across Overland Drive to the north; Apartment complexes and future office building across W. 6th Street to the south; and an undeveloped property that still retains the Agricultural zoning district adjacent to the west.
II. CHARACTER OF THE AREA
Staff Finding The property is near the current western edge of development of the city and is located at the northwest corner of W. 6th Street and Congressional Drive. With the recent completion of Congressional Drive and Overland Drive, this area will experience rapid development over the next several years. A planned commercial development will be located across Congressional Drive to the east. Improvements to W. 6th Street from Wakarusa Drive to the K-10 interchange, is being constructed and is expected to be completed by the summer of 2006.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
The subject property is proposed to be rezoned from O-1 (Office) District and PRD-2 (Planned Residential Development) to RO-1B (Residence-Office) District. The O-1 District does not permit independent residential uses. The property has been cleared for development and is vacant. This request is for a continuing care retirement community, including 38 single family houses, 8 duplexes (16 dwelling units), 3 - 16plex apartments (48 dwelling units), and 208 dwelling units within the 3-story Village Meadows Retirement Center Building (independent Living – one and two bedrooms - 138 dwelling units, assisted living - 46 dwelling units, and 24 Alzheimer’s units - 24 dwelling units).
The RO-1B zoning designation allows retirement centers in Use Group 7, “Community Facilities-Public Utilities”, subject to the approval of a Use Permitted upon Review (UPR) by the City as defined in Section 20-1608 of the Zoning Ordinance. The subject site is also well suited for office and residential uses allowed in the RO-1B zoning to which it is proposed to be restricted.
Staff Finding - The RO-1B (Residence-Office) District zoning designation allows for retirement facilities, subject to the approval of a Use Permitted upon Review Permit. The subject site is also well-suited for the conventional office and residential uses to which it is proposed to be restricted.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding - The subject property is vacant. The adjacent Overland Drive and Congressional Drive were recently completed through a Benefit District in anticipation of development in the near future.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Staff Finding - The proposed continuum retirement community will not detrimentally affect nearby property due to the nature of the facility. The property will be accessed by Overland Drive and Congressional Drive.
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
Evaluation of the relative gain weighs the benefits to the community-at-large vs. the benefit of the owners of the subject property. Benefits are measured based on anticipated impacts of the request on the public's health, safety and welfare.
In staff's opinion, denial of the request would not destroy the value of the petitioner's property and would not preclude development of the other uses permitted in the Zoning District. The property may be developed with office or residential uses. The hardship imposed upon the landowner and applicant, would be their inability to construct the specific type of residential use, continuing care retirement facility, on the designated site. An alternate site with optimal conditions would need to be found if this is not approved. The applicant has proposed this site as the one that best fulfills their needs while presenting the least impact on adjacent properties.
The primary benefit resulting from this project would be that it would provide a community facility to serve City of Lawrence seniors and their families.
Staff Finding - The primary benefit and/or gain to the public health, safety, and welfare of the Use Permitted Upon Review for the continuing care retirement facility is that it will provide a community service to the area. Denial of the request would not destroy its value, although the hardship imposed on the applicant would be their inability to construct the desired facility and in turn, their necessity to find an alternate site for the use.
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
An evaluation of the conformance of this request with the Comprehensive Plan is based on the goals, policies and recommendations in Horizon 2020. As a planning document, Horizon 2020 is a policy-oriented plan. Maps are intended to be used as a general reference guides in the interpretation of these policies and recommendations.
Horizon 2020 contains a limited discussion on health facilities. In Chapter Ten, Community Facilities, Municipal Buildings and Facilities, the plan acknowledges that, “As the community continues to grow, additional facilities may be needed to meet health and medical demands. These facilities should be provided within the incorporated cities in the County.”
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 has concluded that the proposed use of a retirement village in this location is appropriate given the language of Horizon 2020 that acknowledges the importance of the community facilities.
Staff Finding - The proposed Use Permitted Upon Review for a continuing care retirement facility is in conformance with the Comprehensive Plan.
STAFF REVIEW
The applicant proposes to construct a continuing care retirement facility at the northwest corner of W. 6th Street and Congressional Drive. The proposed community proposes 208 dwelling units within the Village Meadows Retirement Center Building and 102 Dwelling Units in Independent Living Units (38 single-family homes, 8 duplex buildings, 3 - 16plex apartment buildings). The proposed zoning of the subject site, RO-1B (Residence-Office District), allows public service uses, buildings, structures, or appurtenances thereto as a permitted use with a Use Permitted upon Review.
The project is located on Lots 1 and 2, Block 3 of the Wakarusa Place Addition. The UPR must be conditioned on filing of a final plat at the Register of Deeds Office prior to issuance of building permits to ensure that necessary easements and boundaries are accurately located in relation to the proposed site plan.
KDOT has stated that no access to W. 6th Street from Congressional Drive will be permitted until the improvements to W. 6th Street are complete. The construction of Overland Drive and Congressional Drive have been completed, except for the connection at W. 6th Street which is delayed to coincide with KDOT’s improvements.
Access to the site from W. 6th Street via Congressional Drive will be coordinated with KDOT. Congressional Drive has been designed for the possibility of a traffic signal at W. 6th Street. The developer will need to provide an agreement not to protest future improvements of that intersection if and when those improvements are warranted.
Additionally there is a lawsuit pending on the Overland Drive and Congressional Drive Benefit District which has not been resolved. Developments on the contributing properties of the Benefit District have been required to have a condition for a note to be placed on the development plan/final plat that states: “No building permit shall be issued until the City is presented with a written guarantee or other financial assurance (e.g. bond, letter or credit, escrow account, etc.), in a form acceptable to the City, guaranteeing payment for the assessed special assessments on the property for the improvement of Overland Drive and Congressional Drive. This condition shall be waived by the City Manager if the special assessments district is not subject to litigation.”
Parking
Per Section 20-1212, the minimum number of required parking spaces is 413. The project is supplying 430 parking spaces. 197 of the provided parking spaces will be underground parking below the retirement center building and the three apartment buildings.
Phasing/Density
Development on the site is anticipated to occur in two phases as outlined on the site plan.
Staff has historically excluded assisted living and Alzheimer’s units from density calculations based on the nature of these units. The applicant has included a density calculation that excludes these units and calculates density by the first phase and total project. Excluding the assisted living and Alzheimer’s units, each phase will remain below the allowed density of 12.45 units/acre permitted in the proposed RO-1B District.
Replatting
The property shown for this site plan consists of Lots 1 and 2, Block 3 of Wakarusa Place Addition. The applicant will be required to replat the property prior to issuance of building permits for the site. The applicant has been notified that the replat of the property will need to include a 30 foot access easement to the property to the west. Without this secondary means of access, the 495’ wide x 1329’ deep property to the west would only have access from Overland Drive. Proposed location of the 30’ wide access easement is shown on the site plan between the westernmost apartment building and the duplex to the north. This future access connection would be constructed by the adjacent property owner when the property to the west develops.
Stormwater and Public Improvement Plans
Stormwater detention for the project will be handled in an off-site detention basin located across Congressional Drive to the east. The stormwater detention basin will need to be shown on the site plan. A condition should be required for the detention basin to be constructed with the public improvements for this project. The applicant will be required to submit public improvement plans for sanitary sewer and water main extensions prior to release of the plan for building permits. A number of stormwater conditions will be required, including a stormwater pollution prevention plan.
PROFESSIONAL STAFF RECOMMENDATION
STAFF RECOMMENDATION: Planning Commission forward the Use Permit Upon Review to the City Commission with a recommendation for approval, based upon the findings of fact presented in the body of the Staff Report and subject to the following conditions:
a. Show the detention basin improvements associated with this site. The detention system must be completed prior to occupancy. Provide DE’s for the system and submit public improvement plans for review prior to release of the plan to the building inspector.
b. Storm sewer information is incomplete. Show all existing storm sewer locations and elevations. Show all proposed storm sewer locations, elevations and sizes.
c. Provide additional curb inlets to capture runoff in the southeast entrance drive. Report the project bench mark on the site plan.
d. Storm sewers located in the single-family and duplex area must be public systems. Provide DE’s for these systems and submit public improvement plans for review prior to release of the plan to the building inspector.
e. Per City Code Section 9-903(B), a stormwater pollution prevention plan (SWP3) must be provided for this project. This project will not be released for building permits until an approved SWP3 has been obtained. Construction activity, including soil disturbance or removal of vegetation shall not commence until an approved SWP3 has been obtained.
8. Approval of rezoning of the property to a residential zoning district which would accommodate the proposed use.