ITEM NO. 10B:         USE PERMITTED UPON REVIEW FOR VILLAGE MEADOWS RETIREMENT COMMUNITY; NORTH OF 2. 6TH STREET AND WEST OF CONGRESSIONAL DRIVE (PGP)

 

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.

 

STAFF PRESENTATION

Mr. Patterson introduced the item, a UPR request for a retirement living facility that would include various types of living units (independent, assisted, dementia, etc.).  He stated that the plan provided more parking that was required, taking into account the underground parking provided underneath the independent living units.

 

The project would be developed in two phases, and rezoning was required to allow apartment-style units in an area that was currently zoned for office uses.  The applicant had submitted an application for zoning but had mistakenly requested RO-2 zoning, which would not allow the proposed apartment units.  A new rezoning had been submitted and would be on the December 2004 agenda.  Staff proposed adding a condition to tie the UPR to the upcoming zoning.

 

APPLICANT PRESENTATION

Paul Werner, Paul Werner Architects, spoke on behalf of the applicant, giving more detail about the mistaken rezoning application and the need for rezoning to allow the type of residential units proposed for Phase 2.

 

Mr. Werner referenced a pending contract that was tied to the rezoning, saying the contract purchaser was present to address this issue.

 

Mr. Werner responded to questioning that the plan included enough space to construct sidewalks on both sides of the local streets and he did not think the developer would oppose a condition of this nature.

 

PUBLIC HEARING

Gwen Klingenberg spoke on behalf of the West Lawrence Neighborhood Association in support of the proposed use as a good fit for the neighborhood that would generate less traffic than the typical apartment units currently approved for the area.  She referenced the concern expressed by the League of Women Voters that the proposed use would not “go through” after the rezoning was approved.  The Neighborhood Association favored the suggestion that the proposal be revised as a Planned Unit Development with conditions based on the special aspects of this use.

 

Ms. Klingenberg said the Neighborhood Association would like to have traffic calming devices placed on Congressional Drive to deal with the increased cut-through traffic they anticipated as the 6th Street level of service began to fail.

 

Ms. Klingenberg asked the Commission to defer the UPR until it could be considered at that same time as PUD zoning.

 

Bill Newsom, contract seller, said there was a condition in the pending contract that the rezoning and UPR would not be recorded until the sale closed.  This provided assurance that the proposed use would go forward.  He suggested that the proper protections for the neighborhood were in place and additional delays of this project were unwarranted.

 

COMMISSION DISCUSSION

The Commission discussed the potential uses and density of the existing zoning vs. the proposed zoning, noting there are currently two zoning districts in place.  The proposed rezoning and use would constitute a significant reduction in density and traffic generation.

 

The Commission extended the meeting 10 minutes.

 

APPLICANT CLOSING

Mr. Werner said all parties involved understood that any changes, including use, would have to return to the review process.

 

ACTION TAKEN

Motioned by Comm. Burress, seconded by Comm. Angino to approve the Use Permitted upon Review for Village Meadows Retirement Village 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 revised conditions:

 

  1. Execution of a site plan performance agreement;
  2. Filing at the Register of Deeds of a replat prior to release of the plan to Neighborhood Resources for building permits;
  3. Provision of a photometric plan;
  4. Provide a general timetable for phasing of project;
  5. Provision of an agreement not to protest the formation of a benefit district for the geometric and signalization improvements for the intersection of W. 6th Street and Congressional Drive;
  6. Provision of the following notes on the Site Plan:
    1. “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;” and
    2. “Off-site detention basin to be constructed as part of this project.”
  7. Provision of the following items for the Stormwater Engineer:

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; and

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; and

9.      Provision of a revised site plan to show 6’ sidewalks on both sides of all local streets.

 

          Motion carried unanimously, 8-0.