Memorandum
City of Lawrence
Planning & Development Services
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TO: |
David Corliss, City Manager
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FROM: |
Mary Miller, Planning Staff
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CC: |
Dianne Stoddard, Assistant City Manager Cynthia Wagner, Assistant City Manager Scott McCullough, Planning and Development Services Director
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Date: |
July 12, 2011
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RE: |
Extension request for SP-06-54-06; Site Plan for Glenwood Apartments: SE Corner of Wakarusa Drive and Eisenhower Drive
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Attachments: A—Location Map
C and C1 —2009 Extension Request
The City Commission approved a Site Plan [SP-06-54-06] for the Glenwood Apartments at their June 5, 2007 meeting on property zoned RM12 (Multi-Dwelling Residential) District. A location map and a copy of the approved site plan are included with this memo. This site plan was submitted prior to the adoption of the 2006 Development Code and was processed under the standards of the 1966 Zoning Ordinance. The 1966 Zoning Ordinance provided a one-year time frame for the approval of site plans. If building permits were not obtained within that one-year time frame, the site plan would become null and void. (Section 20-1435, 1966 Zoning Ordinance).
EXTENSION REQUESTS
2008
The applicant requested an extension of the approval as building permits had not been obtained and the site plan approval would expire on June 5, 2008, Attachment B. The applicant indicated that the one-year extension was necessary to allow time for the completion of the public improvement plans. Extensions to the site plans approved under the pre-2006 Development Code were granted administratively by the Planning Director and a one-year extension was granted on May 14, 2008 which extended the approval to June 5, 2009.
2009
The applicant provided a letter requesting a two-year extension to the site plan approval on April 2nd, 2009, Attachment C.
The applicant explained that the extension was being requested to allow the site plan approval to be extended rather than to encourage a developer to start a project at the wrong time. Given the economic situation at the time, it was appropriate to extend the approval of this site plan; however, the site plan was designed using the standards in the pre-2006 Code. The landscaping and off-street parking requirements were revised with the 2006 Development Code. The extension was approved by the City Commission on August 12, 2009 to allow the site plan approval to remain valid until June 5, 2011 subject to the following condition:
The applicant shall submit a revised site plan to the Planning Office which brings the site into compliance with the standards of the Development Code.
2011
The applicant provided a written request for a two-year extension to the site plan approval on May 23, 2011, Attachment D. The request indicated that several apartment developments have been built recently and the applicant does not feel it is prudent to begin construction on this project at this time.
Staff Discussion:
1. Timing.
The number of apartments being built was the cause for the extension request in 2009 as well as the current extension request. A large apartment development, Hunter’s Ridge, is proposed in the area (on W 6th Street between Queens Road and Stoneridge Drive). This property owner has indicated they intend to build as soon as the site plan is approved. Plans submitted for another apartment development in the area, The Links, are under review. It may be difficult in the foreseeable future for the property owner to find a time without apartment development in this area.
2. Compliance with Codes.
The 2009 extension was approved on the condition that the applicant would submit a revised site plan to the Planning Office which brings the site into compliance with the standards of the Development Code as mentioned above. This revised site plan has not been submitted. The current approved site plan was approved under the standards of the pre-2006 Development Code and the previous version of the Building and Fire Codes. Given the Code changes which have occurred since the site plan was originally approved, and the fact that a revised site plan was not submitted during the previous extension period, it would be beneficial to submit a new site plan to insure compliance with all applicable codes.
3. Impact to Adjacent Properties
No revisions are being proposed from the previously approved site plans. Notice was provided to property owners within 200 ft of the subject property to keep owners informed of the approval as well as the extension request. While the site plan does need to comply with current codes, the basic layout isn’t changing and a public good would not be served by denying the application.
Staff Recommendation:
Planning Staff recommends approval of a 6 month extension period, to December 5, 2011, to allow the applicant time to submit a site plan which is compliant with the current Development, Building, and Fire Codes. If a revised site plan is not submitted and approved within the 6 month extension period, the site plan approval shall expire. If a site plan is submitted and approved within 6 months (December 5, 2011) the full 24 month extension period would apply and the approval would be valid for 18 additional months, until June 5, 2013.
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General Location Map of Glenwood Apartments. Subject property shown in black. |
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2009 letter from applicant indicating cause for the extension |
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