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PLANNING COMMISSION REPORT Regular Agenda - Public Hearing Item |
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ITEM NO. 3A RS7, RM12, PUD TO RM24-PD; 51.85 ACRES; 1800, 1809, & 2021 CROSSGATE DR (SLD)
Z-14-00552: Consider a request to rezone approximately 51.85 acres from RS7 (Single-Dwelling Residential) District, RM12 (Multi-Dwelling Residential) District, and PUD [Alvamar] (Planned Unit Development) District to RM24-PD Overlay (Multi-Dwelling Residential Planned Development Overlay) District including property located at 1800, 1809, and 2021 Crossgate Dr. Submitted by Paul Werner Architects on behalf of Alvamar Inc, property owner of record. Deferred by Planning Commission on 2/23/15 with direction to add a Planned Development overlay to the rezoning request.
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STAFF RECOMMENDATION: Staff recommends approval of the request to rezone approximately 51.85 acres from RS7 (Single-Dwelling Residential) District, RM12 (Multi-Dwelling Residential) District, and PUD [Alvamar] (Planned Unit Development) District to RM24-PD (Multi-Dwelling Residential Planned Development Overlay) District based on the findings presented in the staff report subject to the following conditions:
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Reason for Request: |
Proposed residential and golf course development.
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KEY POINTS · Property includes developed golf course improvements and open space. · Project proposes adding significant residential density and increased traffic from nonresidential uses associated with the golf course redevelopment. · The proposed development is intended, in part, to maintain the Alvamar Golf Course as a viable amenity to the community. · The impacts to the infrastructure serving the development – streets/traffic, storm water improvements, sewer and water, as well as the compatibility of this request with adjacent uses, depends in large part on the specific development density and size of the nonresidential uses associated with the golf course. · This application has been revised to include a Planned Development Overlay. · Section 20-701(f)(1) allows commercial uses in addition to those otherwise permitted by right in a PD, with a base RS or RM District.
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ASSOCIATED CASES/OTHER ACTION REQUIRED · PP-14-00554; Alvamar One Preliminary Plat – included in PDP review · PDP-15-00247; Preliminary Development Plan – includes Preliminary Plat review · SUP-15-00389; Active Recreation Uses in a RM24 District |
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PLANS AND STUDIES REQURIED · Traffic Study – Not required for rezoning · Downstream Sanitary Sewer Analysis – Not required for rezoning · Drainage Study – Not required for rezoning · Retail Market Study – Not applicable to residential request Refer to related Preliminary Plat/Preliminary Development Plan for these studies. |
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ATTACHMENTS 1. Area Map 2. List of communications from previous consideration 3. Alvamar Zoning pre 2006. 4. Alvamar Development Plans 1967 -1986 5. Article 4 Use Group Table |
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Project Summary:
The Proposed request is for infill development that includes mixed residential and recreational uses accessory to the golf course. Residential uses include Multi-Dwelling Residential Uses. The original application also included an Assisted Living Facility, proposed for Lot 4 of the Preliminary Development Plan but this use has been removed. Golf course amenities include both Passive and Active Recreational Uses, specifically a banquet/reception facility, outdoor snack bar and grill, swimming pools, clubhouse, fitness/wellness center, space for the Kansas Golf Hall of Fame and associated office space for the golf course. Planned improvements also include a Hotel with 24 guest rooms to be included in the banquet facility as an additional accessory use to the golf course amenities. Access to this area is from Crossgate Drive, a local street that intersects Clinton Parkway on the south, and a proposed new public street extension to the north intersecting Bob Billings Parkway.
The RM24 zoning district and associated Preliminary Development Plan provides a framework for the development of the property included in this development request. This report establishes the background and Land Use entitlements required to accommodate the development proposal. Successive applications and reports provide additional detail for specific uses and development proposed within the area. Uses not specifically identified, in the rezoning ordinance and as part of the Preliminary Development Plan, are not permitted. Any change in proposed uses shall require reconsideration through the applicable public hearing process. Such a request may include a concurrent consideration of zoning and revised development plan applications.
Table 1: Summary of Uses
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Specific Improvements include |
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Residential Uses |
Non Residential Uses |
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· 292 multi-dwelling units
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· New golf clubhouse [Accessory to Passive Recreation Use.] · Lockers, pro-shop, restaurant [Retail Sales and Eating and Drinking Establishment and/or Accessory Use to Active and Passive Recreation Uses] · 18,482 SF banquet/receoption facility [Eating and Drinking Establishment – Nightclub] · Outdoor snack bar/grill [Fast Order Food or Accessory Use to Active Recreation Use.] · 2-3 swimming pools [Active Recreation] · 15,500 Sf fitness center [Accessory Use to Active Recreation Use] · 24 room Hotel [Transient Accommodations]. 4,000 SF Office Space. [Office Use and/or Accessory Use to administrative operations of a primary use. |
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Uses allowed in RM24: · Multi-Dwelling Residential Uses · Additional Commercial Uses when proposed and approved with a Preliminary Development Plan · Active Recreation Uses (require a Special Use Permit) |
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Preliminary Development Plan Reference
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This application differs from the previous plan (deferred by the planning Commission on 2/23/15) by including only one type of residential use; Multi-Dwelling Residential. The previous application included not only Multi-Dwelling but townhouses (duplex units) and attached housing. This project also includes off-site changes to the golf course including modifications to pond areas, Tee-boxes, and fairways. These improvements are outside of the boundary of the proposed RM24-PD.
1. CONFORMANCE WITH THE COMPREHENSIVE PLAN
Applicant’s Response: See attached letter from applicant.
Basic residential strategies are listed in Chapter 5 of Horizon 2020. They include:
· Infill residential development should be considered prior to annexation of new residential areas.
· A mixture of housing types, styles and economic levels should be encouraged for new residential and infill development.
· Compatible densities and housing types should be encouraged in residential neighborhoods by providing appropriate transition zones between low density residential land uses and more intensive residential development, and between higher density residential uses and non-residential land uses.
Horizon 2020 does not specifically address this area. The plan recommends the preservation of neighborhood character and appearance, Policy 3 Neighborhood Conservation. Included in this set of policies are recommendations to minimize traffic impacts, encroachment of nonresidential uses, and encourage compatible infill development with regard to lot size, housing type, scale and general architectural style of the area. A Planned Development Overlay designation allows for a detailed review of these elements.
Residential density is variable by lot size, housing type and residential density bonuses that may be considered for a Planned Development. This project includes:
- 292 Multi-Dwelling Residential Units on 15.98 Acres, or 18.27 DU/Acre;
The previous application included a total of 1,198 total units on 49.92 acres or 24 units per acre. The previous application included residential uses on all of the proposed lots including apartment units on upper floors of the golf course amenities. This proposed plan establishes the higher density residential development to the north with access to Bob Billings Parkway from Crossgate Drive extended. The Assisted Living use proposed at the south end of the development closer to Clinton Parkway is no longer part of the proposed Preliminary Development Plan. No use is proposed for Lot 4 at this time. Active and passive recreation uses are located in the central portion of the site. Refer to the Preliminary Development Plan for specific uses of each lot.
Evaluation of the compatibility and intensity, as recommended in Horizon 2020, must be considered concurrently with the Preliminary Development Plan. This application represents infill development and introduces Multi-Dwelling as a housing type that is not currently located within the interior of the surrounding neighborhood.
Additional development will increase traffic. Traffic mitigation is limited by the existing development pattern of the surrounding area. There are only two access points to this area; North from Bob Billings Parkway along Crossgate Drive (a private street segment) or South from Clinton Parkway along Crossgate Drive. Any additional access to other local streets in the area would result in more disruption to the golf course and substantial changes to the street network in the area.
The applicant’s response to traffic impacts includes construction of a new public street segment between Bob Billings Parkway extended to the south to limit intrusion into the northern neighborhoods. This design feature is discussed further in the Preliminary Development Plan.
Staff Finding – Horizon 2020 does not specifically address this area but provides general policies that are applicable to development, if approved. Substantial consideration should be given to compatibility of the surrounding area with regard to intensity and housing form and appearance as well as appropriate transitions and mitigation of impacts such as traffic. When considered concurrently with the Preliminary Development Plan, traffic impact is mitigated to a reasonable extent.
2. ZONING AND USE OF NEARBY PROPERTY, INCLUDING OVERLAY ZONING
This section describes the existing and surrounding zoning and land use for the immediate area of the proposed RM24 District.
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Current Zoning and Land Use: |
PD-[Alvamar PUD] District; Part of a 422-acre development including golf course and residential development.
RS7 (Single-Dwelling Residential) District; Existing parking lot and portion of golf course area.
RM12 (Multi-Dwelling Residential) District; existing clubhouse located at 1809 Crossgate Drive. |
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Surrounding Zoning and Land Use: |
See Attached Map for Zoning Districts |
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To the South/Southwest:
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PD-[Alvamar PUD] District; RM12 (Multi-Dwelling Residential) District; RS7 (Single-Dwelling Residential District and RM12D (Multi-Dwelling-Residential) District. Existing residential uses and golf course areas along Quail Run and Crossgate Drive |
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To the west:
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PD-[Alvamar PUD] District; Existing Alvmar Golf Course. |
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To the North
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PD-[Alvamar PUD] District; Existing residential uses along the north leg of Crossgate Drive, a private street and Alvamar Golf Course. |
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To the east
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PD-[Alvamar PUD] District; Alvamar Golf Course and residential uses along El Dorado Drive, Alvamar Drive and Quail Creek Ct. |
This area includes approximately 324 acres of golf course that includes the fairways and clubhouse/parking areas and several platted residential subdivisions designed with rear yards adjacent to the golf course. Developed subdivisions in the area include both detached and attached housing. With the exception of the golf course facility uses, non-residential uses are located along the periphery of the neighborhood. Golf course amenity uses are located along Crossgate Drive, a local street.
Staff Finding – The majority of the area is surrounded by the Alvamar Planned Unit Development and existing golf course. Clusters of residential uses are located along public and private streets that are adjacent to the proposed request or are separated by portions of the golf course.
3. CHARACTER OF THE NEIGHBORHOOD
Applicant’s Response: The Neighborhoods currently in the PUD consist of apartments, duplexes, townhoues, and a mix of mid to high end single family residences. All of these different housing types can be found backing up to the golf course.
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Figure 1: Alvamar Neighborhood and Alvamar PUD |
This neighborhood area is described as the Alvamar Neighborhood. This neighborhood has developed around the Alvamar Golf Course and includes multiple platted subdivisions. It is bounded on the north by Bob Billings Parkway, Clinton Parkway on the south, Kasold Drive on the east and Wakarusa Drive on the west. It is not a registered neighborhood within the City of Lawrence. A small area known as Quail Ridge East is a registered neighborhood and is located in the northeast corner of the Alvamar PUD. The east half of the neighborhood was developed as part of a Planned Unit Development. The western half was developed through conventional zoning and subdivision platting processes. The existing PUD boundary currently includes approximately 449 acres.
There are three main vehicular paths that provide north south connectivity within this area between Bob Billings Parkway and Clinton Parkway. They are:
1. St. Andrews Drive; Tam O’Shanter Drive; Quail Creek Drive - all local streets;
2. Crossgate Drive – a local street with public and private street segments; and
3. Inverness Drive - a collector street.
The north 550’ of Crossgate Drive is as a private drive that includes access through the parking lot of the clubhouse area. Only Inverness Drive was developed as a through street within the neighborhood. It is not located within the Alvamar PUD.
Residential uses include both attached and detached housing as well as multi-dwelling residences. Common attached housing types include duplex, typically referred to as townhouses, as well as triplex and four-plex units that have also been referred to as townhouses throughout the development.
Multi-dwelling residential uses are located within the Alvamar Planned Unit Development along Waterford Avenue on the north side of Clinton Parkway, the east side of Quail Creek Drive, and the south side of Seminole Drive. The current development pattern includes low, medium, and high density residential development within the Alvamar PUD. Lots along the south leg of Crossgate Drive are not within the boundary of the Alvamar PUD.
The main portion of the golf course activity area is located at the north end of Crossgate Drive where it changes from a public street to a private street. Site plans were approved in 1983 and 2008 for the clubhouse and the Jayhawk Golf Training Facility. The clubhouse is located outside of the boundary of the Alvamar PUD.
This area includes several creeks and streams. Several ponds are located throughout the golf course area. If approved, the proposed development includes modifications to some ponds and natural drainage ways in the area that are outside of the area included in the subdivision associated with this request. Changes to these features must maintain an appropriate relationship to the existing development and character of the area.
If approved, the proposed request would add residential development along Crossgate Drive and increase the existing amenities associated with the golf course in the same central area.
The heights of the buildings on Lot 2 seeks to be compatible if the character of the residential structures to the north by increasing in height to 45’ as the builidngs go south.
Staff Finding – The character of the area is defined by the boundaries and presence of the golf course and amenities. The area includes mixed density and housing types. Main portions of the golf course are located along Crossgate Drive. Higher density residential development is typically located along the boundary of the neighborhood with proximity to Kasold Drive and Clinton Parkway. The subject request introduces 3 and 4 story multi-dwelling structures in the interior of the neighborhood but seeks to locate them in the least obtrusive way. Such development would be compatible if the densities, height, buffer yards, etc. are kept to these reflected on the Preliminary Development Plan.
4. PLANS FOR THE AREA OR NEIGHBORHOOD, AS REFLECTED IN ADOPTED AREA AND/OR SECTOR PLANS INCLUDING THE PROPERTY OR ADJOINING PROPERTY
Only a very small and isolated area is within a registered Neighborhood boundary. There are no adopted plans for this area. The eastern area was part of a Planned Unit Development originally approved in the late 1960s. Various revisions to the plan over time have been made through Zoning, Subdivision Plats, Site Plans and Uses Permitted Upon Review (Special Use Permit).
Staff reviewed the history of the Alvamar development in an effort to establish a base density for the current and any remaining development with the Alvamar Planned Unit Development as a proxy plan for this area. The Development Plan, approved by the City Commission on February 28, 1993, shows the total area of the PUD as 378 acres with 243 acres of golf course. The plan also shows 2,153 total dwelling units permitted and 712 dwelling units shown on the plan. An annotated copy of the plan is attached to this report. The following table summarizes the development per this plan for the area. There are disparities in the plan that are not reconcilable.
Table 2: Land Use Summary 1993 Alvamar PUD
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Residential Uses |
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Area in PUD |
378 Acres |
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Golf Course |
243 acres |
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Residential Area |
135 acres |
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Apartments |
227 dwelling units |
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Townhouses |
96 dwelling units |
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Duplexes |
46 dwelling units |
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Single Family |
275 dwelling units |
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Total Dwelling Units |
All Housing Types |
644 dwelling units |
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Living Units |
Shown |
712 dwelling units |
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Living Units |
Permitted |
2,153 dwelling units |
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Density per Family* |
Gross |
26,246 SF (1.6 dwelling units per acre) |
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Density per Family |
Net |
23,126 SF ( 1.8 dwelling units per acre) |
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Note: *Density per Family was the calculation used in the early development plans and refers to density per residential lot and is not a typical density calculation. |
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Non Residential Uses |
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Commercial |
Not in PUD; Northwest corner of Kasold Drive and Clinton Parkway. |
24 Acres |
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Residential Office |
Not in PUD; Southwest corner of Kansold Drive and Bob Billings Parkway. |
9 Acres |
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Future Residential |
Outside of City Limits/ Not in PUD |
104 Acres |
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Street Right-of-Way |
Within Residential PUD |
51 Acres |
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Street Right-of-way |
Not in PUD |
6 Acres |
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Notes: 1. 378 Acres. This total does not appear to account for 3 acres withdrawn from PUD in 1989 (375 Acres). 2. Townhouses typically refer to triplex and quad-plex buildings throughout the plans. |
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The above information is shown on the face of the 1993 Alvamar Planned Unit Development Plan. The total number of existing dwelling units including all housing types is estimated by staff to be 647 dwelling units. That number of dwelling units, within the existing Alvamar PD, represents an approximate density of 1.4 dwelling units per acre. This number is comparable to the summary information included in the 1993 plan noted above that showed 644 dwelling units.
The proposed request, if approved, would add additional density. The proposed development identifies the addition of 292 residential dwelling units. The following formula shows an estimation of the increase of density within the Alvamar PD area.
647 Existing Dwelling Units estimated by staff
292 New Dwelling Units (Lot 2, Per Preliminary Development Plan)
939 Total Dwelling Units
Total Alvamar PUD = 378 Acres. 934 DU existing and proposed /449 AC = 2.09 dwelling units per acre.
This summary addresses only the residential impact. Assessment of the amenities associated with the golf course are reviewed through the related Preliminary Development Plan applicable to the project. There are typically no residential densities associated with recreation uses.
Staff Finding – There are no adopted area or neighborhood plans for the area included in the proposed zoning and immediately surrounding area. The Alvamar PUD includes only the eastern portion of the area.
5. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED UNDER THE EXISTING ZONING REGULATIONS
Applicant’s Response: The property is suitable for the current uses it is restricted to however, expanding recreational uses on the property would also fit the character of the neighborhood and provide additional recreational amenities.
The current zoning allows Active Recreation uses in all residential zoning districts subject to approval of a Special Use Permit. Passive Recreation uses and Private Recreation uses are allowed by-right in all residential zoning districts. Additionally, the Planned Development overlay allows the addition of commercial uses if the following conditions are met:
1. if the PD includes a minimum area of 10 acres or
2. if the PD includes more than 100 Dwelling units.
This project meets both of these conditions. The code provision does not establish a cap on the amount, intensity or uses that may be included.
Golf course uses are frequently associated with accessory uses such as club houses, pools, restaurants, limited retail related to the facility and other amenities. Uses must be listed on the face of the Preliminary Development Plan.
§ Active Recreation Uses include athletic fields and courts, as well as community recreation buildings, accessory structures including public restrooms, refreshment stands, concession shops selling sporting goods, and miniature golf.
§ Passive Recreation Uses include greens and commons, gardens, arboretums, pedestrian, bicycle and equestrian paths and trails, plaza and seating areas, picnic areas and golf courses.
§ Private Recreational Areas are set aside as open or recreational uses as part of a residential development.
The structure of zoning for this property includes a Planned Unit Development (PUD) approved originally in the late 1960s at the time the zoning was adopted. The zoning was considered to be an overlay or special purpose district with a base zoning district. The base zoning for this property included both RS-1 and RS-2 (Single-dwelling Residential) Districts. The attached image shows the boundary of the zoning prior to the adoption of the 2006 Land Development Code. See attachment #3.
When the Land Development Code was adopted in 2006 properties that were zoned PUD, regardless of whether the PUD was an overlay or an independent zoning district. These became a Special Purpose District. This history is relevant to the question of suitability because the development of the area within the Alvamar PUD has occurred in a fragmented and inconsistent manner with regard to the applicable base zoning district.
As requested, approval of this application would remove property from the existing Alvamar PUD and establish it as a conventional RM zoning district with a PD overlay consistent with the current zoning regulations. The purpose of the request is to facilitate new residential development, enhancement of the golf course and development of related amenities and accessory uses. Because of the mix of uses intended for this project a Preliminary Development Plan and a Special Use Permit are required.
Based on the existing zoning and approved development plans, site plans and subdivisions it appears the PUD was approved with some total amount of residential units. That total “permitted units” of 2,153 units within 375 acres of the Planned Development is equivalent to approximately 5 dwelling units per acre. The 1993 plan states a total of 712 living units were shown. A review of individual developments within the Alvamar PUD finds a wide range of density and housing types. Therefore, additional housing units can be added on the area considered with previous approved density.
The area requested for rezoning is predominantly used for the golf course and open areas associated with that function. In order to facilitate infill residential development with a mix of housing types, an alternative base zoning district is needed.
The current zoning, assuming the underlying base zoning is RS10 and RS7 (converted from the RS-1 and RS-2 pre 2006 districts), is suitable for the existing uses but does not support a request for development of additional residential units in this area.
Staff Finding – The current zoning is obsolete given the adoption of the Land Development Code in 2006. Assessing development and suitability are complicated by the fact that no previous development plan for the area clearly articulates a maximum build out of the area. If future improvements are limited to only those related to the golf course and accessory uses, a change in zoning is not required. To facilitate additional infill development, rezoning the base district is necessary to accommodate the Multi-Dwelling housing type proposed.
6. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Applicant’s Response: The property is not vacant and has existed with a golf course and a range of housing types since the early 1980’s.
This area has developed over a period of years starting in the late 1960s. The original approval appears to date to May 1967 and included a total of 1,583 units on 252 acres. The development described areas that were both inside and outside of the existing 1967 City Limits and include the Alvamar Hills Golf Course. The commercial areas shown on the early plans located on the northwest corner of Kasold Drive and Clinton Parkway were not part of the Planned Unit Development.
Additionally, area zoned RO in the northeast corner of the property at Kasold Drive and Bob Billings Parkway was also removed from the PUD as part of a revised plan approved through the Use Permitted Upon Review (UPR) process (UPR-6-4-76). Another plan, revised development through the UPR process (UPR-11-11-76), shows the Planned Unit Development including 381 acres.
Prior to 2006, the majority of the golf course was zoned RS-2 (Single-Family Residence) District with a planned unit development overlay. Over time the boundary of the PUD has been modified. Areas located in the northwest and northeast corners have been removed from the original PUD. The area along St. Andrews Drive in the northeast portion of the development was rezoned in 1972 to RO and was removed from the PUD. In 1989 the area around Prestwick Court was also withdrawn from the PUD.
Throughout the Alvamar Planned Unit Development density has been transferred within the development from one area to another as each specific subdivision has been platted and built out. An example of this transfer of density is shown in UPR-11-11-76. This phase of the Planned Unit Development modified earlier plans from 48 townhouses to 25 detached residences located along Medinah Road/Circle. Other examples occur in individual subdivisions that were platted for detached dwelling units but individuals built across lot lines and effectively combined two or more lots into a single parcel.
The earliest plans included the extension of a public street between what is today Clinton Parkway and Bob Billings Parkway known as Greenbrier Drive (as shown in the 1967 plan attached). Plans from the mid 1970’s show Greenbriar Drive extended from Clinton Parkway north to the center part of the site terminating with a street called Club Drive. Greenbriar Drive was renamed Crossgate Drive in later plans. Crossgate Drive did not extend to Bob Billings Parkway until revisions were made for the Woodfield Meadows Development at the north end of Crossgate Drive in the early 1980’s. The approved plan from 1986 shows a public street for Crossgate Drive extended to the golf club area in the central portion of the development and a private access from Bob Billings Parkway south to the club area.
Golf club activity areas have historically been located in the central portion of the development. The proposed development would continue to locate the activity areas in the central portion of the development.
Staff Finding – The property is not vacant. Zoning within the Alvamar PUD has been modified over time to accommodate development of individual subdivision, multi-dwelling projects, and amenities associated with the golf course.
7. EXTENT TO WHICH APPROVING THE REZONING WILL DETRIMENTALLY AFFECT NEARBY PROPERTIES
Applicant’s Response: Rezoning for this project is necessary to allow new recreational uses other than the golf course to be built. The proposed housing is already an allowed use and exists in the current PUD in the form of apartments, townhomes, duplexes and single-family homes.
With a few exceptions, this proposed rezoning is surrounded by the existing golf course. The significant feature of the request is the addition of development intensity associated with both the golf course and the additional residential uses proposed. Approval of the request will add additional traffic along Crossgate Drive. Crossgate Drive is the only access for 7 existing subdivisions between Bob Billings Parkway to the north and Clinton Parkway to the south.
Residents have contacted planning staff regarding traffic concerns as well as obstruction of their view of the golf course, water runoff, compatibility and style of development consistent with the surrounding residential character of the existing residential uses. Traffic is an acknowledged issue as there are limited options for providing street access to this area without substantially changing the surrounding neighborhood. This plan includes a new street segment providing a direct public street connection to Bob Billings Parkway.
The Traffic Study submitted did not include this proposed street extension. The public street extension was a result of previous discussions with the residents located along the north leg of Crossgate Drive (private street segment) and staff. Staff did concur with the conclusions regarding the need for signal timing changes for the Clinton Parkway and Crossgate Drive intersection.
A feature of the PD overlay is the allowance or accommodation of commercial uses. However the intensity and size of commercial uses is not prescribed in the district and must be considered concurrently with the Preliminary Development Plan.
USE GROUP DISCUSSION
Residential Use Groups
The RM24 District allows a variety of uses. The complete use table is attached to this report. In addition to Household Living Uses [i.e. Attached, Detached, Multi-Dwelling housing types] this district also allows Group Living [i.e. Assisted Living, Congregate Living and Group Homes]. This project includes Multi-Dwelling Uses on Lot 2 as shown on the Preliminary Development Plan. No other residential use is proposed for the Preliminary Development Plan at this time. The Assisted Living previously shown on the Preliminary Development Plan on Lot 4 has been withdrawn. These uses are all considered to be Residential Use Groups.
Recreational Facilities Use Group
Recreational Facilities include a variety of uses listed in the table below and are a subset of the Public and Civic Use Group.
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· Public and Civic Use Groups o Recreational Facilities § Refer to SUP report for definitions of these uses |
Recreation uses are a significant consideration as they relate to this project. The proposed development is focused around the primary use of an existing golf course. A golf course is a Passive Recreation use and is allowed in the RM24 District. For this application most of the existing golf course is outside of the proposed changes but has context to the proposed development. The following table provides a summary of the allowed recreation uses that are permitted in the RM24 District or which require a Special Use Permit.
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Recreation Facilities – |
Requirement |
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Active Recreation |
Special Use Required |
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Entertainment & Spectator Sports, General |
Not permitted |
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Entertainment & Spectator Sports, Limited |
Not Permitted |
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Passive Recreation |
Permitted |
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Nature Preserve/Undeveloped |
Permitted |
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Private Recreation |
Permitted |
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Participant Sports & Recreation, Indoor |
Not Permitted |
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Participant Sports & Recreation, Outdoor |
Not Permitted |
A swimming pool or other area that is set aside for the exclusive use of a residential development would be considered “Private Recreation” and would be a development feature to be considered in the development plan process. When recreation uses are of a public nature, that extend beyond the exclusive (emphasis added) use of the residential development they are considered Active Recreation Uses require a Special Use Permit [SUP-15-00389]. This report assumes that recreation uses will not be further restricted for this proposed development.
Commercial Use Groups
This series of uses has a potential to be detrimental to the surrounding area and should be considered carefully in this application as well as through the Development Plan application to mitigate impacts. Section 20-701 (f)(1)(ii) permits commercial uses in certain situations. Except as noted within the PD overlay with the Preliminary Development Plan, commercial uses would not be permitted in the RM 24 District. Proposed Commercial uses include:
- A Hotel with 24 guest rooms
- Retail as an accessory use to the golf course
- Eating and Drinking Establishments that are listed as a banquet/reception facility (Nightclub) snack bar (Fast Order Food and Accessory Bar) and restaurant (Quality Restaurant).
- Office uses as accessory uses to the golf course operations.
A component of this application includes 24 guest rooms as part of the banquet facility. This use, as a Transient Accommodation, Hotel type use, is a commercial use allowed in an RM District only with approval of a PD Overlay and as listed as use on the a Preliminary Development Plan. The scope and intensity of the use may be regulated as part of the zoning ordinance and as part of the development plan process. For example, the total number of guest rooms could be restricted or the total amount of commercial area (square feet) could be limited or confined to certain areas within the development.
A concurrent submittal of a Preliminary Development Plan along with the rezoning application is intended to provide a public review process of the details of the project in order to mitigate impacts on existing subdivisions within the area.
The primary impacts will be increased traffic, lights and noise. Traffic impacts north of the clubhouse are mitigated by realigning Crossgate Drive to a new point on Bob Billings Parkway. The effect of increased traffic will be more noticeable for residents south of the clubhouse.
Staff Finding – In staff’s opinion, the rezoning will create additional traffic, noise and light for nearby properties; however, the planned improvements to Crossgate Drive, Bob Billings Parkway and Clinton Parkway will accommodate the increased traffic. Appropriate site design will address lighting and landscaping. the request must be assessed concurrently with the Preliminary Development Plan.
8. THE GAIN, IF ANY, TO THE public health, safety and welfare due to the denial of the application, as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application
Applicant’s Response: The gain to the public health, safety and welfare would be additional recreational opportunities to provide people with more health and active lifestyle. The hardship imposed upon the landowner would be they would not be able to sell the property and the course itself would decline.
Evaluation of this criterion includes weighing the benefits to the public versus the benefit of the owners of the subject property. Benefits are measured based on anticipated impacts of the rezoning request on the public health, safety, and welfare.
Development within this area, as proposed, will require extension of municipal services such as sanitary sewer and water lines. Additional improvements to the street network are needed including traffic calming methods that have been approved for Crossgate Drive but not yet installed (south street segment to Clinton Parkway). Additionally, improvements to the golf course and stormwater runoff are anticipated to support this development that are outside of the boundary of the rezoning and proposed preliminary plat. The traffic study states that turn lanes are needed at Crossgate Drive and Bob Billings Parkway as well as changes to signal timing at Crossgate Drive and Clinton Parkway. Fully satisfying these issues will be made with subsequent development applications.
Approval of the rezoning provides a framework to assess land uses and gross density. Conventional zoning will not address basic design considerations such as transition between housing types. The addition of a Planned Development Overlay district provides more information to assure compatibility concerns are addressed and integrated into the overall development project and allows those with a vested interest in the development, the nearby owners, to have necessary information to more fully assess the impacts.
Approval of the request, as proposed, allows for additional development intensity and residential development within the existing city limits and as infill within an existing neighborhood with an established character.
Benefit could be gained by regenerating golf course amenities and adding residential use to enhance the Alvamar Development.
Staff Finding – If issues such as traffic, density, compatibility, etc. are adequately addressed through site planning, then the Alvamar Development and adjacent owners should benefit by keeping the golf course open and successful.
9. Professional staff recommendation
Numerous changes in the original 1966 zoning ordinance and the adoption of the Land Development Code in 2006 make the current zoning for this area difficult to administer. Rezoning the area to a current zoning district is beneficial in establishing development potential for the area. A Planned Development Overlay is the appropriate tool to assure both coordination of infrastructure improvements to the area and compatibility of the development with the surrounding area are sufficiently addressed.
Staff recommends approval of the proposed rezoning with conditions as discussed in the body of the staff report.
CONCLUSION
The rezoning application, as conditioned, is suitable for the area.