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PLANNING COMMISSION REPORT Regular Agenda – Public Hearing Item |
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PC Staff Report 4/20/15 |
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ITEM NO. 2 SPECIAL USE PERMIT FOR LAKE VIEW VILLAS @ ALVAMAR; 2250 LAKE POINTE DR (SLD)
SUP-15-00065: Consider a Special Use Permit for Lake View Villas @ Alvamar, a residential development including 11 existing four-plex buildings, 8 proposed duplex buildings and 24 detached dwelling units on approximately 16 acres, located at 2250 Lake Pointe Dr. Submitted by CFS Engineers, for CornerBank, property owner of record.
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STAFF RECOMMENDATION: Planning Staff recommends approval of a Special Use Permit for a residential development including 11 existing four-plex buildings, 8 proposed duplex buildings and 24 detached dwelling units on approximately 16 acres, located at 2250 Lake Pointe Dr. and forwarding the request to the City Commission with a recommendation of approval, subject to the following conditions:
1. Prior to release of the Special Use Permit for issuance of a building permit: a. Submission and approval of public improvement plans for sanitary sewer extension. b. Execution of a site plan performance agreement. 2. The applicant shall submit a revised Special Use Permit drawing showing a second access point to the development, located from the northwest cul-de-sac to Lake Pointe Drive, per the approval of the City Fire Prevention Division. |
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Applicant’s Reason for Request: |
This site plan needs to be revised to reflect changes of undeveloped areas of the lot from 4-plex condominiums to duplex and single-dwelling units. A special use permit is needed for single dwelling units on a multi-family zoned property. |
ASSOCIATED CASES/OTHER ACTION REQUIRED
· SP-4-25-04: Lake View Villas at Alvamar
· SP-6-60-06: Lake view Villas at Alvmar revision to clubhouse and interior pedestrian sidewalks
OTHER ACTION REQUIRED
· City Commission approval and adoption of ordinance.
· Publication of ordinance.
KEY POINTS
· Existing development includes residential dwellings (four-plexes) and private streets.
· Existing development includes 44 total dwellings.
· Proposed request is to allow detached residential uses in a Multi-Dwelling Zoning District.
· Fire Code access requirements for residential development have been modified since the original approval in 2004 requiring second access.
PLANS AND STUDIES REQUIRED
· Traffic Study – Updated study provided. Accepted by Staff.
· Downstream Sanitary Sewer Analysis - The cover letter dated February 17, 2015 provided by CFS Engineers states that the previously approved site plan had 104 units and the proposed site plan has a total number of 84 units. The reduction of 20 units within the same site plan area will likely reduce the design flows from the previously approved site plan. The cover letter is accepted for this project to satisfy the criteria required for the downstream sanitary sewer analysis as outlined in Administrative Policy 76.
· Drainage Study – The drainage letter dated 2-17-2015 meets the specified requirements and is approved.
· Retail Market Study – Not required for this application.
· Alternative Compliance – Not requested with the application.
PUBLIC COMMENT RECEIVED PRIOR TO PRINTING
· A representative of the home owners association contacted staff for clarification of the proposed development and to understand the public participation process.
ATTACHMENTS
1. Area Map
2. Proposed Site Plan
3. Conceptual Building Elevations
4. 2006 Site Plan
5. South Lawrence Trafficway Concept Plan
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GENERAL INFORMATION |
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Current Zoning and Land Use: |
RM12 (Multi-Dwelling Residential) District; developing residential use with existing four-plex units, private streets, and clubhouse.
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Surrounding Zoning and Land Use: |
To the north: RS7 and RS10 (Single-Dwelling Residential) District; existing residential subdivision with detached dwellings on individual lots.
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To the west/southwest: RM-24 (Multi-Dwelling Residential) Development; Developed multi-dwelling residential complex with 42 detached homes on one lot with a private drive. and PD-[Lake Pointe PCD]; existing undeveloped commercial lots including an approved final development plan that was not executed.
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To the south (South of Clinton Parkway): County A (Agricultural) District; existing K-10 Highway and Corps of Engineers land. Further south, within city limits is Sesquicentennial Point – City Park.
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To the East: PD-[The Ridge PRD]; undeveloped and unplatted parcel. |
Summary of Request
The purpose of this request is to modify the housing type permitted in this development. The property is zoned RM12 (Multi-Dwelling Residential) District. The proposed request includes duplex and detached residential units. Duplex uses are permitted in the RM12 District. Detached dwellings are permitted in the RM12 District subject to a special Use Permit. This project was originally approved as a site plan with multiple 4-unit buildings and a clubhouse. The proposed request addresses the remaining undeveloped area within the lot and alters the approved four-plex units to duplex and detached units.
Review and Decision-Making Criteria (Land Development Code Section 20-1306(i))
1. WHETHER THE PROPOSED USE COMPLIES WITH ALL APPLICABLE PROVISIONS OF THIS DEVELOPMENT CODE
Applicant’s Response: Yes, this is multi-family residential development on a multi-family residential zoned property. Project is pursuing a special use permit to accommodate single dwelling units on a multi-family residential zoned property.
The inclusion of detached housing within the development requires a Special Use Permit. The building orientation and intent are consistent with the developed portion of the subdivision. The project includes a detached unit located in the southeast corner of the site that previously had been reserved as open space providing a buffer between the development and Clinton Parkway. This development was approved prior to adoption of the Development Code and required buffer yards. Street trees and building orientation and placement were used to provide a buffer between the development and the abutting arterial street and Commercial development on the south side of the project.
Building setbacks, off-street parking requirements and landscape are consistent with the Development Code.
Staff Finding – This use complies with the applicable provisions of the Development Code.
2. WHETHER THE PROPOSED USE IS COMPATIBLE WITH ADJACENT USES IN TERMS OF SCALE, SITE DESIGN, AND OPERATING CHARACTERISTICS, INCLUDING HOURS OF OPERATION, TRAFFIC GENERATION, LIGHTING, NOISE, ODOR, DUST AND OTHER EXTERNAL IMPACTS
Applicant’s Response: Yes, the proposed use is compatible because it remains residential as previously approved. The revised site plan reduces the overall number of proposed units by 20 units. This change was approved by the Lake View Villas @ Alvamar Home owners Association, and Amended in their Declaration of Covenants, Restrictions Assessments and Easements document.
This property is developed with 11 residential buildings that include four units each. Buildings with three or more units are considered to be multi-dwelling residences. The site is developed around and interior access drive providing access to each unit. The site is accessed from a main driveway to Lake Pointe Drive. Each building includes a residential type driveway that provides direct access to the unit and off-street parking. These driveway areas provide conventional type vehicle parking for the units.
The site also includes an existing clubhouse building. The proposed development fills in the undeveloped area of the site with duplex and detached residential buildings. The main access driveway, interior circulation and location of residential units do not change with this plan.
The surrounding area includes developed and undeveloped land outside of the subject property. The area along the south side of Lake Pointe Drive is zoned for commercial development but is currently vacant. The area to the east along the back side of the existing four-plex units is zoned for residential development and is also vacant. The area to the north and west is developed with low density residential development. The housing in this area includes single units on individual lots and public streets (to the north) and multiple detached units on one lot with access from an interior private drive (to the east).
The significant difference in the proposed develop is the change from four-plex housing units to duplex and detached housing units within the development. There are no changes to the major characteristics of the development since the use will remain residential. Traffic generation will be reduced because the total number of units is reduced from the original design of the development.
· Approved Development: 104 units [all four-plex]
· Proposed Development: 84 units [11 existing four-plex; 8 proposed duplex; 24 proposed detached residential units]
The revised plan adds a dwelling unit in the southeast corner of the site. The approved plan showed this area as open space.
Table 1: Approved and Proposed SE area development
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Approved Plan
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Proposed development
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The proposed change, to include duplex and detached residential uses, is consistent with low-density residential development pattern of the immediate area.
Staff Finding – The proposed use is compatible with the adjacent uses in terms of size, massing, orientation, hours of operation and other external impacts.
3. WHETHER THE PROPOSED USE WILL CAUSE SUBSTANTIAL DIMINUTION IN VALUE OF OTHER PROPERTY IN THE NEIGHBORHOOD IN WHICH IT IS TO BE LOCATED
Applicant’s Response: No, the residential use remains the same and the change from 4-plex condominiums to duplex and single dwelling units does not diminution [diminish] the value of other property. We foresee single and duplex units as a desirable product and this change provides multiple living options in the area.
The proposed change from multi-dwelling to single-dwelling residential uses is consistent with the surrounding development of the area. The multi-dwelling units within the development are owned individually as condominiums. While any building with three or more attached units is considered a multi-dwelling unit, the structure of this development is owner-occupied housing. The developments to the north and west are developed with detached housing. The development to the north is developed with detached housing on individual lots as a conventional subdivision. The area to the west is developed with multiple detached houses on one lot with a private street.
Staff Finding – Substantial diminution of other property values in the area is not anticipated.
4. WHETHER PUBLIC SAFETY, TRANSPORTATION AND UTLITY FACILITIES AND SERVICES WILL BE AVAILABLE TO SERVE THE SUBJECT PROPERTY WHILE MAINTAINING SUFFICIENT LEVELS OF SERVICE FOR EXISTING DEVELOPMENT
This property was previously approved for residential development. The proposed request includes fewer total residential units than the previous approval. Adequate water and sanitary sewer services are available to serve this property as development is completed. Public improvement plans will be required for extending sanitary sewer to serve the additional units.
Fire Prevention staff noted that developments with more than 30 units require a second access point. This development originated prior to that design requirement. There are currently 44 units (all 4-plexes) and a clubhouse building. The proposed application includes an additional 40 units comprised of 8 duplexes (16 units) and 24 detached residences. The original development included 104 units. The total development if approved would be 84. This is a reduction in the total number of units planned for this development. The applicant has been advised, that as an alternative to providing a secondary access, the new units could be built with an automatic sprinkler system. The revised plan does not currently include the secondary access to the development.
Staff recommends as a condition of approval that the plan be revised to provide a second access to Lake Pointe Drive in the northwest corner of the site. This access may be designed for emergency access only and does not require full public access to the development. The access must be designed to accommodate emergency apparatus and maintained year round.
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Image to the right shows conceptual location of second access. Access design could include using grass pavers that meet the weight and width requirements for fire apparatus.
Alternatively all new buildings could be sprinkled. |
Figure 1: Second Access Option |
Access to this property is provided via a single access driveway to Lake Pointe Drive. Staff has been advised that KDOT is considering options for expanding K-10 highway to a four-lane facility that may alter access to this area in the future. This information was shared with the applicant and has been made public by KDOT at a recently public forum. Future changes could include relocating K-10 highway alignment and altering interchanges of the highway and Clinton Parkway, Wakarusa Drive, and other cross streets along the corridor.
Staff Finding – Adequate public facilities and transportation access is accommodated for this development at this time.
5. WHETHER ADEQUATE ASSURANCES OF CONTINUING MAINTENANCE HAVE BEEN PROVIDED
The proposed request provides an enforceable tool to address the use and continued maintenance of the property with regard to landscaping, exterior activity, and off-street parking.
Staff Finding – Adequate assurances of continued maintenance are inherent in the use and the Special Use Permit approval process.
6. WHETHER THE USE WILL CAUSE SIGNIFICANT ADVERSE IMPACTS ON THE NATURAL ENVIRONMENT
Applicant’s Response: No, the plan has already been approved for the 4-plex condominiums. The revised site plan reduces the number of units per acre, traffic impervious area, sanitary flows and stormwater runoff for the entire property.
There is no designated floodplain area within this development. The property is partially developed with residential uses and an existing interior access drive. There are no stands of mature trees within this development.
Staff Finding – The proposed development is subject to regulatory controls to protect significant natural features. There are no significant natural features within the proposed development area. This property is free from regulatory floodplain encumbrances.
7. WHETHER IT IS APPROPRIATE TO PLACE A TIME LIMIT ON THE PERIOD OF TIME THE PROPOSED USE IS TO BE ALLOWED BY SPECIAL USE PEMRIT AND, IF SO, WHAT THAT TIME PERIOD SHOULD BE
This Special Use Permit is required to accommodate a specific use in this district. The primary purpose of the RM District is to accommodate multi-dwelling housing. They are intended to create maintain and promote higher density housing opportunities in areas with good transportation access (20-204). This development was originally intended as a form of attached housing but on a single lot. The proposed request would allow for detached housing types within the development.
Development was initiated in 2004 and has stalled. The proposed change to include duplex and detached housing is intended to stimulate development for the remaining portion of land within the area. The proposed development is intended to continue a residential setting. Housing within this area is typically owner occupied. That trend is anticipated to continue as the remaining land is developed. The proposed development is intended as a permanent land use. Development in the area is not transitional. Staff does not recommend a time limit on the Special Use Permit.
Staff Finding – Staff does not recommend a time limit on the Special Use Permit.
STAFF REVIEW
A. Site Summary
Table 2: Site Summary Table
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Site Summary: |
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SP-4-25-04 |
SP-6-59-06 |
SUP-15-0065 |
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Original Plan |
Revised Plan |
Proposed |
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Gross Area: |
16.16 acres |
No change |
No change |
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Proposed Building Coverage: |
164,279 SF |
198,056 |
185,969 |
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Proposed Pavement Coverage: |
154,272 |
178,712 |
169,946 |
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Open Space: |
385,622 SF |
327,405 |
349,869 |
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Total Number of Dwelling Units: |
108 (4-plex units W/ 2 BR per unit) 9 Large 4-Plexes 18 Small 4-Plexes |
84 units 11 existing 4-plex (44) 8 proposed duplex (16) 24 proposed detached (24) |
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Proposed Density: |
6.68 DU/ACRE |
5.19 DU/ACRE |
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B. Access and Parking
This development is intended as an owner occupied residential neighborhood with onsite parking provided for each individual residential unit and common or shared parking located within the development to primarily serve the clubhouse. Parking is accommodated for the development in attached garages and driveway parking. Driveways are separated from the main interior access drive within the development.
Off street parking is shown for the approved and proposed development. Parking requirements were revised from the original approval with the adoption of the Land Development Code in 2006. The approved plan included only multi-dwelling buildings in the form of four-plexes with attached garages and driveways. The revised plan includes a mix of four-plex multi-dwelling residential uses as well as duplex and detached residential uses.
Parking spaces are provided around the clubhouse area. These spaces, along with a cluster of spaces on the north side of the development and in the southeast area, provide guest parking within the development. The following table provides a summary of total parking for the development. A separate table is included at the end of the report detailing off-street parking requirements for this development.
This project was always designed with excess parking by providing double car garages and double wide pavement. A unit with only three bedrooms (one space per bedroom would require only 3 parking spaces. However the larger 4-plex units typically include four total parking spaces, two in the garage and two in the driveway. This excess parking is compounded throughout the development. Double car garages are typical features of low density residential development. The following image depicts a proposed 3 bedroom duplex (6 total bedrooms in two units) with an attached garage and driveway parking.
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Table 3: Off Street Parking Summary
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Figure 2: Typical Off Street Parking for Duplex |
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Access: Access to this site is provided via a single driveway intersecting with Lake Pointe Drive, a local street. There is no other direct access point to this property. New development that included 30 or more dwelling units would require a second access. The applicant notes that this request reduces the total number of dwelling units from the approved 2006 plan. A second access could be provided at the north end of the development by extending a driveway from the interior access drive to Lake Pointe Drive.
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Shaded buildings represent
construction of 40 new units. ·
Unshaded buildings represent
44 existing units. ·
Light blue shaded area
represents existing access. ·
Dark blue shaded area
represents recommended second access. 
Figure 3: Access options
It is notable that Access in this area may be altered as KDOT develops plans for the K-10 highway improvements. A concept plan is included as an attachment to show how the overall access to this area may be affected in the future.
C. Design Standards
This project represents residential development. Conceptual building elevations are provided. The City has not adopted residential design standards. The building elevations are provided for reference with this staff report. Existing buildings are two story structures with attached garages. The proposed duplex and detached residential units are also two stories with attached garages.
Pedestrian accessibility:
This site was developed prior to current sidewalk requirements. The interior access drive includes connecting sidewalks from the parking area to the clubhouse on the south side and parallel sidewalks along the main access point to the public sidewalk system along Lake Pointe Drive. There are no interior sidewalks along the residential uses within this development.
D. Landscaping and Screening
Street Trees: Street trees are required along public streets. Street trees are shown on the plan along Lake Pointe Drive and Clinton Parkway. Street trees were planted with the original development.
Bufferyard: This site was initially developed prior to the current landscape requirements for buffer yards. The property abuts commercial zoning to the south, low density residential zoning to the north and multi-dwelling residential zoning to the east and west. The north property line includes dense vegetation that provides a buffer between the existing detached residential homes to the north and the proposed duplex and existing multi-dwelling units to the south. The plan also shows dense vegetation required along the detention easement in the northeast corner of the site. This vegetation will need to be added with this phase of the development.
Interior Landscaping: This standard applies to parking lots. This development includes four small shared parking lots within the development. The largest lot contains 11 parking spaces and is located on the north side of the clubhouse area. These parking areas were constructed with the original development. Screening trees have been added to the site to screen this area. However, they do not effectively screen the parking area. There are a number of easements located in the southeast corner of the site that limit planting.
Perimeter Landscaping: This standard applies to parking areas that abut public right-of-way. This development is designed with predominantly conventional residential parking provided in garages and individual driveways. Small parking areas are provided for shared use, guest and visitor parking within the development. Some additional screening is recommended for the parking lot located in the southeast corner of the development. This parking area is setback more than 50 feet from the right-of-way. Much of the area between the parking area and Clinton Parkway is encumbered by a large gas line and other utilities which limit the ability to plant trees.
Mechanical Equipment Screening: Mechanical equipment must be screened. The plan includes a note on the face of the drawing. This element will also be reviewed as the project is developed.
Alternative Compliance: None is proposed with this request.
E. Lighting
This site includes existing lighting located along the interior access drive of the development. No changes to lighting are proposed with this application.
F. Floodplain
This property is not located within any regulatory floodplain and is not subject to a local floodplain development permit.
CONCLUSION
The intent of this project is to facilitate development of a partially completed subdivision that includes a mix of housing types. The original intent had been to include only four-plex units. The development has stalled and the owner is proposing different building types to complete the project.
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REQUIRED OFF STREET PARKING |
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Off-Street Parking Required: SP-4-25-04 – Original Plan SP-6-59-06 – Revised Plan |
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Housing Type |
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[Multi-Dwelling Residential Development] |
220 spaces required; Parking Group 2 2-bedrooms per unit (1.5 spaces per unit) = 60 3-bedrooms per unit (2.5 spaces per unit) = 160 Clubhouse not calculated separately |
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Total Required Parking |
220 spaces |
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Off-Street Parking Required: Proposed SUP-15-00065 |
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Housing Type |
Required Parking |
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[Multi-Dwelling Residential Development] |
1 space per bedroom + 1 space per 10 units 11 4-pex buildings (44 units) = 36 units with 3-bedrooms each (108 bedrooms) 4 units with 2 bedrooms each (16 bedrooms) 124 spaces required for existing 4-plex + 5 spaces for 44 units |
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Required parking for existing 4-plex = 129 spaces |
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[Duplex Dwellings] |
1 space per bedroom 8 duplex buildings (16 units) = 16 units with 3-bedrooms each 48 spaces required for duplex |
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Required parking for proposed duplex = 48 spaces |
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[Detached Dwellings] |
2 spaces per dwelling unit 24 detached dwelling unit buildings 14 units with 2-bedrooms each 10 units with 3-bedrooms each 48 spaces required for detached residences. |
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Required parking for proposed detached = 48 spaces |
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Total Required Residential Parking |
225 spaces |
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Clubhouse Parking |
1,775 SF at 1 space per 300 SF = 6 spaces |
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Total Required Parking |
231 spaces |
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PROVIDED OFF STREET PARKING |
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Approved Off-Street Parking Provided: SP-4-25-04 – Original Development SP-6-59-06 – Revised Plan |
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288 residential spaces and 21 off-street spaces clustered around clubhouse Large 4-Plexes have four parking places per unit (two in the garage and two in the drive) Small 4-Plexes have two parking spaces per (one-car garage and one space in the drive)
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Total Provided: 249 Spaces |
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Proposed Off-Street Parking Provided: SUP-15-00065 Existing 36 units w/ 2 car garage and 2 driveway spaces = |
144 spaces |
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Existing 8 units w/ 1 car garage and 1 driveway space = |
16 spaces |
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Proposed 8 duplex units w/ 2 garage and 2 driveway spaces = |
64 spaces |
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Proposed 24 detached dwellings w/ 2 car garage and 2 driveway spaces = |
96 spaces |
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Total residential spaces provided = |
320 spaces |
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Existing Clubhouse and shared spaces = |
32 spaces |
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Total Spaces provided 352 spaces |
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