PLANNING COMMISSION REPORT SUMMARY

 

ITEM NO. 6:           O-1 & PRD-2 TO RO-1B; 17.874 ACRES; NORTH OF W. 6TH                                              STREET AND WEST OF CONGRESSIONAL DRIVE (PGP)

 

Z-09-42-04:  A request to rezone a tract of land approximately 17.874 acres from O-1 (Office) District and PRD-2 (Planned Residential Development) District to RO-1B (Residence-Office) District.  The property is generally described as being 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. This item was deferred from the November 17, 2004, Planning Commission meeting.)

 

 

 

STAFF RECOMMENDATION: Approval of the requested rezonings from O-1 (Office) and PRD-2 (Planned Residential) Districts to RO-1B and forwarding the request to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report, subject to the following condition:

 

1.       Approval and filing of a replat of the property at the Register of Deeds Office.

 

 

Applicant’s Reason for Request:

To assist in the residential development of a continuing care retirement community.

 

KEY POINTS

·         The existing O-1 Zoning District does not permit the proposed residential uses.

·         The RO-1B Zoning District has been used for other continuing care retirement centers.

 

GOLDEN FACTORS TO CONSIDER

 

CHARACTER OF THE AREA

·         Roadway and infrastructure improvements in anticipation of development.

CONFORMANCE WITH THE COMPREHENSIVE PLAN

·         The proposed request conforms to land use recommendations found in Horizon 2020.

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

 

·         Village Meadows Use Permit upon Review to be heard by the City Commission on December 14, 2004.

·         Zoning approval by the City Commission

·         Zoning Ordinance approval by the City Commission and Ordinance publication

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING, None

ITEM NO. 6:              O-1 & PRD-2 TO RO-1B; 17.874 ACRES; NORTH OF W. 6TH                                              STREET AND WEST OF CONGRESSIONAL DRIVE (PGP)

 

Z-09-42-04:  A request to rezone a tract of land approximately 17.874 acres from O-1 (Office) District and PRD-2 (Planned Residential Development) District to RO-1B (Residence-Office) District.  The property is generally described as being 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. This item was deferred from the November 17, 2004, Planning Commission meeting.)

 

GENERAL INFORMATION

 

Current Zoning and Land Use:                   Existing O-1 (Office) and PRD-2 (Planned Residential Development); 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 a future office building across W. 6th Street to the south; and an undeveloped property retaining 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 are being constructed and are 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. The applicant is proposing 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.

 

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 RO-1B zoning is a typical zoning district for a retirement community and will not detrimentally affect nearby property. 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 current Zoning District. 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 request 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 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 community facilities. The RO-1B Zoning District has been used for retirement communities.

 

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 was 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.

 

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’ 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.

 

 

PROFESSIONAL STAFF RECOMMENDATION

 

Planning Staff recommends approval of the rezoning requests from O-1 (Office) District and PRD-2 (Planned Residential) District to RO-1B (Residence-Office) District based upon the findings of fact presented in the body of the Staff Report and forwarding these requests to the City Commission with a recommendation for approval, subject to the following condition:

 

1.       Approval and filing of a replat of the property at the Register of Deeds Office.