PLANNING COMMISSION REPORT SUMMARY

Regular Agenda - Public Hearing Item

 

PC Staff Report

04/25/05

ITEM NO. 11:           USE PERMITTED UPON REVIEW; BRANDON WOODS RETIREMENT CENTER; 1501 INVERNESS DRIVE (SMS)

 

UPR-03-02-05:  Use Permitted upon Review request for a private club at Brandon Woods Retirement Center.  The property is located at 1501 Inverness Drive and contains 3.325 acres.  Submitted by Brandon Woods Club, Inc, applicant, for Brandon Woods, Inc., property owner of record.

 

 

1.      STAFF RECOMMENDATION: Planning staff recommends approval of the Use Permitted upon Review to establish a private club at Brandon Woods Retirement Community 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.

 

 

Reason for Request:

Zoning approval for issuance of a liquor license to serve residents and guests at Brandon Woods private events.

 

KEY POINT

  • Community is developed.  No exterior changes are proposed.  Activity will occur indoors.

GOLDEN FACTORS TO CONSIDER

 

II.       CHARACTER OF THE AREA

·         Area is a developed neighborhood and no exterior modifications are proposed.  Request is limited to interior common areas of the community.

 

V.        EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY

·         All activities are interior; no adverse impacts are anticipated.

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

1.      UPR-07-04-86/UPR-02-03-87:  Permitted initial congregate care, assisted living and independent living development.

2.      SP-11-99-89:  Permitted second phase.

3.      UPR-08-09-93/SP-02-09-99:  Permitted additional phase of congregate care and community building.

4.      SP-07-57-96/SP-06-51-98:  Permitted additional phases of independent living units.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

1.      Letter of support from Richard K. Moore, 1712 Carmel Drive

 


PUBLIC HEARING ITEM:

 

 

ITEM NO. 11:           USE PERMITTED UPON REVIEW; BRANDON WOODS RETIREMENT CENTER; 1501 INVERNESS DRIVE (SMS)

 

SUMMARY

 

UPR-03-02-05:  Use Permitted upon Review request for a private club at Brandon Woods Retirement Center.  The property is located at 1501 Inverness Drive and contains 3.325 acres.  Submitted by Brandon Woods Club, Inc, applicant, for Brandon Woods, Inc., property owner of record.

 

 

GENERAL INFORMATION

Current Zoning and Land Use:         

 

RM-1 (Multiple-Family Residence) District; developed retirement community

Surrounding Zoning and Land Use:         

C-2 (Neighborhood Shopping) District to the west; developed commercial center.                                               

M-1 (Research Industrial) & PRD-2 (Planned Residential) Districts to the north; developed offices and undeveloped planned residential condominium project to the north.

 

RM-1 to the east and south; townhome portion of the Brandon Woods retirement community.

 

Site Summary                            

Total Area:

12.65 acres

Legal Description:

Portions of Lot 1, Brandon Woods Addition & Lot 1, Brandon Woods Addition No. 3

Existing Buildings:

240 beds in congregate care, assisted living & independent living units [UPR-07-04-86/UPR-02-03-87]

100 bed congregate care & 4100 sq. ft. community building/admin offices  [UPR-08-09-93/SP-02-09-99]

Off-Street Parking Required:

1 space/3 beds for living units & 1 space/200 net sq. ft. for offices/community building;

Per 1987 plan:  80 spaces

Per 1999 plan:  54 spaces

Total:             134 spaces

 

Off Street Parking Provided:

Per 1987 plan:  151 spaces

Per 1999 plan:    72 spaces

Total:              223 spaces

Parking for Proposed Club:

1 space/500 sq. ft. required; approx 8000 sq. ft. in various common areas; 16 spaces required.

 

 

I.         ZONING AND USES OF PROPERTY NEARBY

 

Staff FindingThe surrounding area is zoned and developed with residential uses, office and commercial uses. The proposed use will be located within the common areas inside various buildings within the existing Brandon Woods Retirement Community. 

 

 

II.       CHARACTER OF THE AREA

 

Staff FindingThe subject property is located in a developed neighborhood at the southwest corner of Bob Billings Parkway and Inverness Drive.  Commercial and office uses are located to the west and north of the property.  Brandon Woods townhomes are located to the east and south of the subject site.  Single-family residences are located farther to the east. 

 

 

III.      SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED

 

Staff FindingThe proposed use will not alter the base zoning district. The proposed use [Club or lodge, private] is identified in Use Group 7 and is permitted in residential districts subject to approval of a Use Permitted upon Review. The use will not alter the existing building footprint; all activities are planned to occur within the interior common areas within the Brandon Woods Retirement Community.  

 

 

IV.       LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED

 

Staff FindingThe subject property was annexed into the City in 1980 and included in the Alvamar West preliminary plat.  The property was zoned RM-1 and designated for multiple-family development in the summer of 1980.  The initial phase of the Brandon Woods Retirement Community was approved in 1986 and constructed in 1988.  Subsequent phases were approved and developed in 1993 and 1999.

 

 

V.        EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY

 

Staff FindingThe proposed use will not alter the base zoning district. The proposed use, the creation of a social club for the residents and guests, will occur within the confines of the existing Brandon Woods Retirement Community.  No exterior changes are proposed or anticipated as a result of this additional use on the property.

 

 

 

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 FindingApproval of the request will expand social opportunities for the Brandon Woods residents and guests.  Denial of the request will not affect the property owner’s ability to continue to operate a nursing home and retirement community. 

 

 

VII.     CONFORMANCE WITH THE COMPREHENSIVE PLAN

 

Staff Finding – The comprehensive plan does not address UPRs directly.  Horizon 2020 generally supports the development of mixed uses to facilitate multiple activities within residential settings.  The establishment of a private club to facilitate social activities within the Brandon Woods community is one mechanism that can be used to achieve mixed uses.

 

 

STAFF REVIEW

 

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 applicant has submitted site plans at various points in the past twenty years for review and approval of the different phases which now make up the Brandon Woods Retirement Community.  A master plan of the community is provided to illustrate the general layout of the property.  The current proposal will establish a private club for the purpose of facilitating social events, in the interior common areas of the community.  Approval of the private club will permit the issuance of a liquor license so that the club may serve alcoholic beverages to residents and guests at these social events.  Brandon Woods has in the past been granted a state liquor license, however the license approval lapsed and was not automatically renewed last year.  It was determined that previous licenses were granted even though the property is located in a residential zoning district and specific approval of a private club was not part of previous UPR approvals.  Approval of the requested UPR will provide the City authority to sign off on the liquor license application for this limited, private club use. 

 

As noted above, no exterior changes are proposed at the Brandon Woods community and approval of the request to permit alcohol service in the interior common areas is not anticipated to create any negative impacts to surrounding property owners.  The plan does not seek to vary from the required setback, height, density or similar aspects, and specifically does not propose any building modifications to the existing footprint of the buildings. 

 

Summary

There are no exterior improvements proposed for this site.  Parking areas previously developed provide more than 70 spaces above the requirements for all uses on the site.  Staff does not anticipate any negative impacts from the approval of this request.   

 

PROFESSIONAL STAFF RECOMMENDATION: Planning staff recommends approval of the Use Permitted upon Review to establish a private club at Brandon Woods Retirement Community 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.