NON-PUBLIC OR PUBLIC HEARING ITEM:

Applicant’s Reason for Request:

Development of 3 residential condominium loft buildings (total of 99 dwelling units).

KEY POINTS

· Requires a rezoning of the property from M-1 to PRD-2

· Adjacent to McGrew Nature Preserve

· Stormwater runoff to the drainage channel to east, then south, rather than through the Preserve

· Building 1 is 74 feet high

· Buildings 2 and 3 are 64 feet high

ASSOCIATED CASES/OTHER ACTION REQUIRED

· Z-12-53-04 Rezoning from M-1 to PRD-2

· PDP-12-14-04 Approval by City Commission

· Final Development Plan approval by Planning Commission

· Final Plat/Replat approval by Planning Commission

· Recording of Final Development Plan and Final Plat/Replat at Register of Deeds Office

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

None

PUBLIC HEARING ITEM:

ITEM NO. 11B: PRELIMINARY DEVELOPMENT PLAN FOR BELLA SERA AT THE PRESERVE; 4500 W. BOB BILLINGS PARKWAY (PGP/SMS)

PDP-12-14-04: Preliminary Development Plan request for Bella Sera at the Preserve. This proposed planned residential development contains 99 units and is approximately 8.24 acres. The property is described as being located at 4500 West Bob Billings Parkway. Submitted by BG Consultants, Inc., for Bella Sera Development, L.L.C., property owner of record.

GENERAL INFORMATION

Current Zoning and Land Use: M-1 (Research Industrial) District; undeveloped.

Surrounding Zoning and Land Use: M-1 (Research Industrial) District to the north and west; McGrew Nature Preserve to the north, City of Lawrence Police Investigations & Training Center to the West.

RS-2 (Single-family Residence) District to the east; McGrew Nature Preserve.

RM-1 (Multiple-family Residential) District across Bob Billings Parkway to the south; Brandon Woods Retirement Center and Single-family Residences.

Reason for Request: Development of 3 residential condominium loft buildings (total of 99 dwelling units).

SITE/PROJECT SUMMARY:

Legal: Lot 1 and Lot 2, Parkview 15, a replat of Lots 1 and 2A, University Corporate and Research Park Subdivision No. 1 in the City of Lawrence, Douglas County, Kansas.

Gross Area: 8.24 Gross Acres

Net Residential Area: 7.01 Net Residential Acres

Number of Residential Structures 3 Condominium Loft Buildings

Number of Condominium Lofts: 99 Lofts (0-One Bdrm., 66-two Bdrms., 33-three Bdrms.)

Number of Bedrooms: 231 Bedrooms

Drainage Easement Area: 1.6 acres

Maximum Density in PRD-2 15 Dwelling Units/Net Residential Acre

Proposed Density in PRD-2 14.2 Dwelling Units/Net Residential Acre

Common Open Space Required: 20%- Residential PUD

Common Open Space Provided: 61% Residential PUD

Building Size/Height: Building 1 – 107,800 S.F Floor Area - 74’ Height

Building 2 - 66,640 S.F Floor Area -64’ Height

Building 3 - 66,640 S.F. - 64’ Height

Required Parking 182 Parking Spaces

Provided Parking 228 Parking Spaces

Note: Sufficient parking is included in each phase to meet the parking requirements of that phase.

STAFF ANALYSIS

The proposed Revised Preliminary Development Plan for Bella Sera at the Preserves has been evaluated based upon the following suggested findings of fact and conclusions outlined in Section 20-1010.1 of the Zoning Ordinance for the City of Lawrence:

1. In what respects the plan is or is not in general conformity with the provisions of the Comprehensive Plan of the City.

The area requested for Preliminary Development Plan approval is located at 4500 Bob Billings Parkway and contains approximately 8.24 gross acres. The McGrew Nature Preserve is located adjacent to the property. The applicant proposes to construct 3 condominium loft buildings phased in over a three year period. The calculated density is 14.2 dwelling units per net acre (99 DU/7.01 net acres).

An evaluation of the conformance of this Preliminary Development Plan with the City’s Comprehensive Plan is based on the goals, policies and recommendations in Horizon 2020.

Page 63, - Medium-Density Residential Development. “Medium-density residential development, reflecting an overall density of 7 to 15 dwelling units per acre, is recommended at selected locations along major roadways, near high-intensity activity areas, and when adjacent to important natural amenities as cluster development.” Page 64 -“Most of the sites recommended for new medium-density residential development occupy transitional locations between single-family neighborhoods and office/commercial areas.”

Chapter 7 of Horizon 2020 includes a discussion on the Oread West Research Park:

LAWRENCE – EXISTING INDUSTRIAL AND EMPLOYMENT-RELATED AREAS OREAD WEST RESEARCH PARK

This park, located at the intersection of Wakarusa Drive and W. 15^th Street, is one of the

City’s newest employment areas offering a high-quality development setting. The plan recommends continued emphasis on office and research use for this area. The location has strong potential for new technology-related industries and should be the focus of an “industrial cluster” as described in the Economic Development element.

Staff Finding - The plan is in general conformity with the medium-density residential development goals, policies and recommendations in Horizon 2020. The development plan will provide for 99 residential condominium lofts but will reduce the amount of Industrial Research land available for future use.

2. In what respects the plan is or is not consistent with the Statement of Objectives of Planned Unit Development.

The statement of objectives of planned unit developments is found in Section 20-1002 of the Zoning Ordinance, which reads as follows:

20-1002 (1) To promote and permit flexibility that will encourage innovative and imaginative approaches in residential, commercial, and industrial development which will result in a more efficient, aesthetic, desirable and economic use of the land while maintaining density and intensity of use consistent with the adopted Comprehensive Plan for the City;

The Preliminary Development Plan is innovative in that it will provide a higher-end residential dwelling product for the local housing market. The plans appear to provide an aesthetic, desirable and economic use of the land while maintaining a density of 15 dwelling units per net acre or less for a Planned Residential Development.

20-1002 (2) To promote development within the City that can be conveniently, efficiently and economically served by existing municipal utilities and services or by their logical extension;

The project site is adjacent to a major roadway Bob Billings Parkway, with available access. The project is an infill development within an established area and can readily be served by existing water and sanitary sewer located in the immediate vicinity.

20-1002 (3) To promote design flexibility including placement of buildings, and use of open space, pedestrian and vehicular circulation facilities to and through the site, and off-street parking areas in a manner that will best utilize potential on-site characteristics such as topography, geology, geography, size or proximity;

The three residential condominium loft buildings will be a gated community with a simulated wrought iron fence with columns. The entrance driveways will have a remote controlled gate. Underground parking for residents of the condominium lofts will hide most of the vehicles and present a more pleasing open space appearance.

Additional amenities include a swimming pool/fountain area with waterfall, outdoor patio areas, lounge area, bocce court, garden area, elevators, and heavily landscaped areas.

20-1002(4) To provide for the preservation of historic or natural features where they are shown to be in the public's best interest including but not limited to such features as: drainageways, floodplains, existing topography or rock outcroppings, unique areas of vegetation, historic landmarks or structures.

The project takes advantage of the location of the three buildings along Bob Billings Parkway, while staying off of the steeper slopes which back up to the adjacent McGrew Nature Preserve. Drainage from the project is directed into the drainage channel to the east then south, rather than through the Nature Preserve.

Staff Finding - The plan is consistent with the Statement of Objectives for Planned Unit Developments.

3. The nature and extent of the common open space in the Planned Unit Development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and function of the common open space in terms of the densities and dwelling types proposed in the plan.

The residential common open space includes a swimming pool, patio areas, bocce courts, garden area, landscaping, and the undisturbed Preserve area on the northeast portion of the site. The total common open area for this site is 220,000 square feet, which is approximately 61 percent of this 358,874 square foot property.

Staff Finding - The common open space provided in the Planned Unit Development exceeds the minimum code requirements.

4. Whether the plan does or does not make adequate provisions for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment.

A bus stop location/bus pad will be provided by this project. The five story-74’ high building is located the farthest away from the adjacent nature preserve, with the lower first floor swimming pool and outdoor patio areas behind. The two - four story-64’ high loft buildings are oriented towards Bob Billings Parkway.

A traffic study has been submitted for the project and reviewed by staff. The conclusion of the Traffic Impact Study is that the Bella Sera development will have a minimum impact to the current transportation system. Public Works is recommending a condition for an Agreement Not to Protest the Formation of a Benefit District for Traffic Signal and Geometric Improvements to Bob Billings Parkway and Inverness Drive.

Staff Finding - The plan adequately provides control over vehicular traffic, provides adequate green space, and does not impede light, air, recreation and visual enjoyment.

5. Whether the plan will or will not have a substantial adverse effect on adjacent property and the development or conservation of the neighborhood area.

The site is located in an area that should have a minimum effect on the adjacent properties. The Lawrence City Police Investigations & Training Center is located to the west, Bob Billings Parkway to the south, and the McGrew Nature Preserve to the north and east. Duplex townhouses are located farther to the east, beyond the preserve nature trail.

Staff Finding – The plan is not anticipated to have a substantial adverse effect on adjacent property and the development or conservation of the neighborhood area.

6. In what respects the plan is or is not in conformance with the development standards and criteria of this article (Chapter 20).

a) The general development standards pertaining to all planned unit developments are found in Section 20-1006, “General Development Standards - Planned Unit Developments,” of the Zoning Ordinance. Specific development standards for Planned Residential Developments are listed in Section 20-1007, “Development Standards - Planned Residential Developments”.

Staff has reviewed the Preliminary Development Plan with the above requirements. The project meets or exceeds the standards and requirements, or appropriate conditions of approval are included in the staff recommendation.

b) Preliminary Development Plan requirements are listed in Section 20-1010, “The Preliminary Development Plan”.

Conditions per Section 20-1010(b)(16) & (18) will need to be applied for the following to be added as notes on both the Preliminary and Final Development Plans:

Section 20-1010(b)(16). A statement as to the form of ownership proposed to own and maintain the common open space, recreation facilities, non-encroachable area and any other area within the area proposed to be developed that is to be retained primarily for the exclusive use and benefit of the residents, lessee and owners of the Planned Unit Development.

Section 20-1010(b)(18) The landowner shall also submit a tentative dedication clause including dedication of public utility and drainage easements, street right-of-way and the following statement: “We hereby dedicate to the City of Lawrence the right to regulate any construction over the area designated as common open space, open air recreation area, and non-encroachable area and to prohibit any construction within said areas and spaces inconsistent with the approved use or enjoyment of residents, lessees and owner of the Planned Unit Development.”

Based on the above analysis, the proposed Preliminary Development Plan adheres to the standards and criteria of the zoning and subdivision ordinances of the City of Lawrence.

Staff Finding - The plan is in conformance with the development standards and criteria of this article.

7. In what respects the plan is or is not in compliance with the requirements for application for tentative approval of the Planned Unit Development.

Section 20-1005, "Development Standards and Criteria," in the Zoning Ordinance states: (a) A plan that is consistent with (1) the "Statement of Objectives for Planned Unit Development," (2) the adopted Comprehensive Plan of the City, (3) the development standards set out herein, and (4) any specific rules and regulations for Planned Unit Developments adopted from time to time by the Planning Commission and City Commission and placed on public record in the office of the City Clerk shall be deemed to be qualified for tentative approval. No such rules and regulations shall be revised or added to so as to be applicable to a specific proposal for a Planned Unit Development after an application for tentative approval has been filed by the landowner or his or her agents.”

Staff has reviewed the Preliminary Development Plan with regard to the requirements for a General Planned Unit Development, Planned Residential Development, and Preliminary Plat Review. The project meets or exceeds the standards and requirements, or appropriate conditions of approval are included in the staff recommendation

Staff Finding – The Revised Preliminary Development Plan meets the requirements for tentative approval.

8. The sufficiency of the terms and conditions proposed to protect the interest of the public and the residents of the Planned Unit Development in the case of a plan that proposes development over a period of years.

The project is phased in such a manner that the proposed development over a period of approximately three years will protect the interest of the public and the residents of the Planned Unit Development.

A three year, three phase development schedule is presented. The first phase will be Building 1, which is located on the west side of the project and will have the outdoor swimming pool and lounge area. Phase two/Building 2 is the next building east and is expected to follow in approximately 1 year. The last phase Building 3, is the farthest east building, which is projected to be built approximately one year after phase 2. The timing of the phases will be somewhat dependent upon how fast the residential condominium lofts of the proceeding phase are purchased.

Staff Finding –. The applicant has proposed a three year development schedule; however the actual construction dates will be determined by the absorption of the condominium lofts and the local market conditions applicable at the time.

9. Stormwater detention calculations and storage of excess stormwater drainage as per City Policy.

BELLA SERA PRELIMINARY DEVELOPMENT PLAN

EXISTING CONDITION PROPOSED CONDITION

Building Area = O SF Building Area = 95,801 SF

Pavement Area = 2,365 SF Pavement Area = 65,226 SF

Impervious Surface = 2,365 SF Impervious Surface = 161,027 SF

Pervious Surface = 356,509 SF Pervious Surface = 197,847 SF

Property Area = 358,874 SF Property Area = 358,874 SF

The stormwater Engineer has reviewed the project and has recommending the following conditions of approval:

a. Revise the east entrance to prevent site stormwater discharge into Bob Billings Parkway.

b. Provide a DE (through replat or separate instrument) for the stream channel along the east boundary. In lieu of hydraulic calculations, provide this DE to enclose the 904 contour.

c. Show all on-site storm sewer pipes, structures, discharge points and scour protection.

d. Per City Code Section 9-903(B), a stormwater pollution prevention plan (SWP3) must be submitted and approved for this project prior to any construction activity, including soil disturbance, removal of vegetation, and any release of building permits.

Staff Finding – The Stormwater Engineer is recommending conditions to be added as part of the approval of the Preliminary Development Plan.

WAIVERS

The applicant has requested waivers from the required 35’ peripheral boundary in a Planned Residential Development (20-1007(E)(2):

Wavier for the reduction to the peripheral boundary setback of 35’ for the portions of a proposed parking lot on the west side of the site.
Waiver for the reduction to the peripheral boundary setback of 35’ for entryway features on the south side of the site.

The waiver on the west side accommodates an existing shared drive at the west property line. The northwest corner of the site is encumbered by a 100’ power line easement. The project is being built above the 930.0’ elevation line for Lot 2 and 905.0’ elevation line for Lot 1 as required by the greenspace conservation elevation on the recorded plat, and to have less of an impact on the McGrew Nature Preserve area.

The entryway features on the south side include the decorative entrance signs with water features, fencing, bocce ball court, raised landscaped planters, and security gates.

Recommendation on Waivers: Planning Staff recommends approval of the waivers as requested:

35’ waiver to 0’ for peripheral setback for the portions of the proposed parking lot within the 35’ peripheral setback.

2. 35’ waiver to 10’ for peripheral setback for entryway features on the south side of the site.

STAFF RECOMMENDATION:

Staff recommends the Planning Commission forward the Preliminary Development Plan for Bella Sera at the Preserve to the City Commission with a recommendation for approval based upon the findings listed in the Staff Report, subject to the following conditions:

1. Provision of the following revisions to the Development Plan:

a. Modify the density calculation to show the 99 dwelling units and 14.2 dwelling units per Net Residential Acre.

2. Provision of the following notes on the face of the Development Plan:

a. “Public improvement plans will be submitted to Public Works before the Final Development Plan is filed at the Register of Deeds.”

b. “We hereby dedicate to the City of Lawrence the right to regulate any construction over the area designated as common open space, open air recreation area, and non-encroachable area and to prohibit any construction within said areas and spaces inconsistent with the approved use or enjoyment of residents, lessees and owner of the Planned Unit Development.” (Per Section 20-1010(b)(18)

c. “The maximum residential density will be 14.2 Dwelling Units per Net Residential Acre.”

d. Include a statement as to the form of ownership proposed to own and maintain the common open space, recreation facilities, non-encroachable area and any other area within the area proposed to be developed that is to be retained primarily for the exclusive use and benefit of the residents, lessee and owners of the Planned Unit Development. (Per Section 20-1010(b)(16)

3. Provision of the following requirements of the Stormwater Engineer:

a. Revise the east entrance to prevent site stormwater discharge into Bob Billings Parkway.

b. Provide a DE (through replat or separate instrument) for the stream channel along the east boundary. In lieu of hydraulic calculations, provide this DE to enclose the 904 contour.

c. Show all on-site storm sewer pipes, structures, discharge points and scour protection.

4. Within 15 days after approval of the Preliminary Development Plan by the City Commission, the landowner shall file with the Douglas County Register of Deeds a statement concerning the Preliminary Development Plan per Section 20-1012.

5. Execute an Agreement Not to Protest the Formation of a Benefit District for Traffic Signal and Geometric Improvements to Bob Billings Parkway and Inverness Drive.

ATTACHMENT “A”

CALCULATIONS

DENSITY SUMMARY – per Section 20-1007(A)

Total Condominium Loft Dwelling Units = 99

Net residential area = 8.24 gross acres -1.23 acres drainage easement = 7.01 acres.

Maximum dwelling unit density per net residential acre = 99 Units/7.01 Acres = 14.2 DU/Acre.

PRD-2 Density = Maximum allowed 15 Dwelling units/ Net Residential Acre

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PARKING SUMMARY – Parking Use Group 2 – Section 20-1212

Residential - Total Parking Required:

66 two-bedroom lofts x 1.5 parking spaces = 99 parking spaces required

33 three-bedroom lofts x 2.5 parking spaces = 82.5 parking spaces required

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99 Condominium Lofts - (231 Bedrooms) 182 parking spaces required

Total Residential Parking Provided:

Total underground parking stalls = 189

Total surface parking stalls = 38

Total Residential Parking Provided = 227 parking spaces provided*

(* including 10 handicap parking spaces)

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Residential Bicycle Parking – Per Section 20-1212

66 – 2 bedroom units x 0.15 = 10 bicycle spaces

33 – 3 bedroom units x 0.15 = 5 bicycle spaces

15 bicycle spaces

Minimum 15 residential bicycle parking spaces required

18 bicycle parking spaces provided

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Common Open Space – Per Section 20-1006(g).

Residential Common Open Space Required 20%

Common Open Space Provided = 220,000/358,874 = 61+ % open space