PLANNING COMMISSION REPORT

Regular Agenda - Public Hearing Item

 

PC Staff Report

08/23/06

ITEM NO. 8:              USE PERMITTED UPON REVIEW FOR RETIREMENT COMMUNITY; 24TH PLACE; SOUTHWEST CORNER CLINTON PARKWAY & CROSSGATE DRIVE (LAP)

 

UPR-05-07-06: Use Permitted upon Review request for the Four Seasons Retirement Community, located at 24th Place between Crossgate Drive and Inverness Drive. Submitted by Landplan Engineering, PA, applicant for Inverness Park Limited Partnership, property owner of record.

 

STAFF RECOMMENDATION: Planning staff recommends approval of the Use Permitted upon Review for the Four Seasons Retirement Community and forwarding it to the City Commission with a recommendation for approval, subject to the following conditions:

1.  Submittal of a Site Plan Performance Agreement.

2.  Recordation at the Register of Deeds Office of a final plat.

3.  Revision of the site plan to include the following:

a)     The addition of the native grasses to be planted along the west bank of the drainage channel to the “Plant Schedule”.

 

 

Reason for Request:

 

To develop a 22-acre retirement community, which will include independent living apartments, assisted living/dementia units, villas, commons area, and a skilled nursing facility.

 

KEY POINTS

  • The City Commission approved a UPR application for the subject site (the Fountains Retirement Center) in 2004. As the conditions of approval were not met within one year of approval, the approval was deemed invalid. While the previous plan comprised a retirement facility, it included underground parking and a revised layout.
  • Two variances were granted by the Board of Zoning Appeals on August 3, 2006 -- the first variance allows the independent living buildings to reach a maximum height of 45 feet, and the second variance allows a decrease in the number of parking spaces required for the assisted living/dementia buildings from 78 to 46 spaces.

 

GOLDEN FACTORS TO CONSIDER

CHARACTER OF THE AREA

  • The area is characterized by a mix of residential, commercial, and office uses, as well as community facilities.

 

CONFORMANCE WITH HORIZON 2020

  • The proposed use is in general conformance with the recommendations and policies of Horizon 2020, specifically those related to the provision of varied housing options.

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

·      UPR-09-04-04: The Fountains Retirement Center; Southwest Corner of Clinton Parkway

and Crossgate Drive. [The City Commission approved the application on November 16, 2004.]

·      PF-09-29-04: Inverness Park Plaza Addition No. 5. [The City Commission accepted the dedication of easements and rights-of-way on November 16, 2004.]

·      A replat will need to be filed with the Register of Deeds Office as a condition of UPR approval.

·      The subject UPR application must be approved by the City Commission.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

  • None received prior to staff report printing.

 

GENERAL INFORMATION

Current Zoning and Land Use:       

 

RSO (Single-Dwelling Residential-Office) (formerly RO-1B) District; undeveloped property.

 

Surrounding Zoning and Land Use:       

RSO (Single-Dwelling Residential-Office) (formerly RO-2), PRD [Wimbledon Terrace] (Planned Unit Development) (formerly PRD-2), and RM12 (Multi-Dwelling Residential) (formerly RM-1) Districts to the north; office, multi-family uses, and institutional uses.

 

PRD [Legends at KU] (Planned Unit Development) (formerly PRD-2) District to the south; multi-family uses.

 

RSO (Single-Dwelling Residential-Office) (formerly RO-1B) District to the west; undeveloped property.

 

RM12 (Multi-Dwelling Residential) (formerly RM-1) and RS7 (Single-Dwelling Residential) (formerly RS-2) Districts to the east; multi and single-family homes.

 

Site Summary

Total site area:                           21.977 acres (957,319 s.f.)

Lot 1 site area:                            15.68 acres

Lot 2 site area:                            6.3 acres

Lot 1 density:                              5.4 units per acre (two-unit villas)

Lot 2 density:                               12.37 units per acre (independent and assisted living units)

Phase 1 building components:         59 independent living units, 26 assisted living units, and 16-bed dementia facility

Phase 2 building components:         59 independent living units and 26 assisted living units

Phase 3 building components:         24 independent living units and 17 two-unit villas

Phase 4 building components:         30-bed skilled nursing facility

 

I.         ZONING AND LAND USES OF SURROUNDING PROPERTIES

 

Staff Finding – The properties surrounding the hospital facility are zoned residentially. Residential, institutional, and office uses border the subject property. The Legends at KU, an apartment complex, is located south of the subject property, south of 24th Place.

 

II.       CHARACTER OF THE AREA

Staff Finding – The area is characterized by a mix of uses. Predominantly residential uses are located south of Clinton Parkway, while a mixture of residential, institutional, and office uses are located north of the subject property.

 

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

 

Staff Finding – The proposed buildings would not alter the base zoning district of RSO (formerly RO-1B) District, which permits a mix of office and residential uses. The proposed use [nursing home or rest home] is identified in Use Group 7 and is permitted in residential districts subject to approval of a Use Permitted upon Review application. It is important to note that although the City’s new Development Code went into effect on July 1, 2006, the subject application was submitted prior to July 1st. Therefore, the project is being reviewed for its conformancy with the previous Zoning Regulations.

 

While retirement communities are allowed in any residential district with an approved UPR application, single and multi-family residences are permitted in the RO-1B zoning district with a site plan application. Additionally, the proposed densities of the project (5.4 units per acre for Lot 1, and 12.37 units per acre for Lot 2) are within the confines of permitted RO-1B density (12.45 units per acre). Therefore, the proposed two-unit garden villas and independent and assisted living facilities are appropriate for the subject site.

 

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

 

Staff Finding – The property was rezoned from the A (Agricultural) District to the RO-1B (Residence-Office) District in 1999. The subject site is undeveloped.

 

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

 

Staff Finding – The proposed development would not alter the base zoning district of RSO (formerly RO-1B). As the project is bounded to the north by Clinton Parkway and to the south by an apartment complex, nearby property should not be adversely affected. Multi-family uses are located beyond the undeveloped property to the east and west of the project.

 

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 Finding – Approval of the request would result in additional housing options for senior citizens. Denial of the request would prohibit the property owner from being able to develop the property with a retirement community. It is important to note that a proposal for a similar project was approved by the City Commission in November, 2004. As the conditions of approval were not met within one year of the date of approval, the project was deemed inactive.

 

VII.     CONFORMANCE WITH THE COMPREHENSIVE PLAN

 

RESIDENTIAL LAND USE GOALS AND POLICIES

Medium- and Higher-Density Residential Land Use

Goal 2: Create a Functional and Aesthetic Living Environment

Policy 2.7: Provide for a Variety of Housing Types

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. (page 5-24)

 

Staff Finding – Horizon 2020 does not specifically address Uses Permitted upon Review, however it does address retirement housing. The UPR application conforms to the goals and policies of Horizon 2020 in that the project furthers the goal of interspersing a variety of housing types throughout the city. The project includes two-unit garden villas, independent living units, assisted living units, as well as dementia and skilled nursing care facilities.

 

STAFF REVIEW

UPR Criteria

Section 20-1611 of the Zoning Ordinance 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 Zoning Ordinance provides two criteria for UPR applications, in addition to the findings of fact:

(a)    “The proposed use and site plan conform to the purpose and intent of the ordinance.”

 

Staff Finding – The site plan conforms with the requirements of the Zoning Regulations, with exception to the assisted living parking requirements and the height of the independent living buildings. These variances were granted on August 3rd, 2006.

 

(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.”

 

Staff Finding – The project is designed to meet the setback and density requirements of the base zoning district. On August 3rd, 2006, a variance was approved to construct the independent living buildings to a height of 45 feet, which exceeds the maximum height standard for the RO-1B District by 10 feet. As the Legends at KU apartment complex, which is located directly south of the proposed project, includes buildings of 40 feet in height, the additional five feet in height should not be detrimental to surrounding properties.

 

Variance Requests

The following two variances were granted by the Board of Zoning Appeals on August 3rd, 2006:

 

1.      A request to vary from Section 20-608 of the Zoning Regulations, which sets a maximum building height of 35 feet for buildings in the RO-1B District. The variance allows the independent living buildings to reach a height of 45 feet.

2.      A request to vary from Sections 20-610 and 20-1212 of the Zoning Regulations, which define the minimum number of parking spaces that are required for an assisted living apartment complex. The variance allows a reduction in the minimum number of parking spaces from 78 to 46 parking spaces.

 

Replatting Request

The subject property is currently platted as Lots 1, 2, and 3, Block 1, of Inverness Park Plaza Addition No. 1. The retirement community includes all of Lot 2 and a portion of Lot 3. A replat is needed to reconfigure Lots 2 and 3. The lot lines of Lot 1 will not be revised with the replat. According to the applicant, future plans have not been developed for the undeveloped portion of Lots 3 and 1.

 

Phases

The project will be developed in four phases, with 59 independent living units, a commons facility, 26 assisted living units, and 16 dementia beds in Phase 1; 59 independent living units and 26 assisted living units in Phase 2; 24 independent living units and 17 two-unit villas in Phase 3; and a skilled nursing facility in Phase 4. Phase 1 development is scheduled to commence in 2007, while the final phase is scheduled for 2013/2014.

 

Public Services

Sanitary sewer and traffic analyses were approved by City staff. A drainage study was not required for this project, as downstream flooding is confined to the regulatory floodplain. Minimum elevations of building openings and public improvement plans for the extension of water, sanitary sewer, and stormwater service will be required as a condition of final plat approval.

 

Vehicular Access

The site will be accessed via a curb cut off 24th Place. The new access point will be aligned with the center access point for the apartment complex directly south of the subject project. The City’s Traffic Engineering Division is concerned about the intermingling of elderly and college student drivers (the two most accident-prone populations); however, City Code does not require the driveways to be off-set.

 

Pedestrian Connectivity

A minimum five-foot wide sidewalk will be constructed along the north side of 24th Place abutting the retirement community. Internally, five and six-foot wide sidewalks will be provided throughout the complex, with walkways provided to each main entryway of the independent living, commons, dementia, assisted living, and skilled nursing facilities. Sidewalks are also provided along one side of the driveway serving the garden villas.

 

Landscaping

The required numbers of street trees and trees required for the RSO (formerly RO-1B) zoning district will be provided. Five existing street trees along Clinton Parkway are proposed for retention with the project. Per the request of the City’s Stormwater Engineer, the crown vetch along the west back of the drainage channel will be removed and replaced with native grasses or cool season grasses for stabilization purposes. As a condition of plan approval, these grasses should be noted in the plant schedule.