SU-2005-05: Public Hearing on an application for
Special Use to establish 48 Multiple-Family dwellings for the elderly and
handicapped in the R-4 Multi-Family Residential District located south of
Willowbrook Street, between Sunflower Lane and Sunset Drive.
Chairman Nelson reported the Commissioners have
received a letter just prior to tonight’s meeting concerning this case.
Chairman Nelson asked the audience for a show of hands to show those
attending in favor and opposition to this application.
Clark Nelson asked for Les Mangus to summarize this
matter before the applicant is heard. Les said this subject property was
zoned a few years ago to R-4 Multi-Family Residential with a special use that
limited the use of the property to an assisted living facility only. There
were several public hearings which discussed traffic issues, access, buffers,
and etc. The situation was worked out at that time with the applicant and
neighborhood. There still remains R-2 Single-Family zoning on the north and
west sides of this subject property that would act as a buffer between this
use and the existing residences. The applicant tonight would like to remove
the limitation to an assisted living facility which would allow them to build
housing for seniors and the handicapped with or without the services of
assisted living as it is licensed by the State of Kansas.
Chairman Nelson asked if any members of the Planning
Commission needed to disqualify themselves. Seeing none, the applicant was
invited to the podium.
Mike McCown of D.F. Osborne, developer and builder,
said this company has developed several senior housing projects like the one
requested tonight. He understands the concerns of the surrounding neighbors
and believes this special use application will be a better neighbor because
there will be less traffic (no service trucks) and no employee traffic making
this a quiet neighborhood.
Clark Nelson asked for an explanation for the
difference from the neighbors perspective between the existing special use
and the one applied for tonight. Mike McCown said the proposed use will be
quieter with less traffic. He said there will park like settings and
Lynn Heath asked about
access to this property. Mike McCown explained Sunset Drive will be extended
to the north. Lynn Heath asked if this would create access onto Willowbrook.
Mike McCown said no it would not; the only access would be from Highway 54 on
the south of the property.
David Martine asked about
the existing Galloway home. Mike McCown said there are no plans to change
Their was general discussion about access to the Galloway property. Mike McCown said the road would be paved from this new facility to the
Chairman Nelson asked if anyone else was present to
speak in favor of this matter. Hearing none, he asked for anyone in
opposition of this matter to come to the podium to speak.
Frank Galloway of 359 S. Sunset Drive, and is the
owner of the existing house in question. He explained his concern of being
“pinned in” between Andover Crossing Apartments and this high density use as
proposed. Mr. Galloway explained the recorded easement that runs from his
personal driveway north to Willowbrook. This easement has been maintained by
the Galloway’s up to this date. He said there is no way to move or change
this legal easement. He stated that if this property is developed as applied
for, the traffic would use his easement in front of his house to and from Willowbrook Street.
Clark Nelson asked Les if this is a private or
public easement. Les said the court ordered Dr. Ellis to give the rights of
ingress and egress to the Galloway’s to the north from their house out to Willowbrook Road. The rights were granted to the Galloway’s as owners of that house. The
rights to access are not on Galloway’s property, they are on the Ellis
property. If the applicant would extend a public road from Highway 54 to
touch the corner of the subject property, they would overlap the Galloway’s rights to ingress and egress to Willowbrook Road. Clark asked if this would
negatively impact the Galloway’s access rights. Les said he did not perceive
any negative impact. Mr. Galloway continued to explain his concerns about the
use of the road and the diminished resale value of his property if this
application is approved. Mr. Galloway said he has a letter of intent from
Duane Wadley to buy his property and Mr. Wadley would build the assisted
living facility per the existing special use ordinance. Clark Nelson said
that Staff has advised him that the public use of the easement road is not an
Xury Hole of 318 Willowbrook said he is concerned
about the proposed development building to the east of Sunset Drive. Les
showed the parcel boundaries have not changed from the previously approved
special use case. There was general discussion about platting details which
is not relevant to this special use application. Mr. Hole said he is
concerned about increased density with this new application.
Duane Wadley, President of Wadley Company and
developer of the previously approved special use. He said he plans to buy the
Galloway’s property thereby eliminating any easement problems, all access to
the assisted living facility would be from the south with no access to
Willowbrook, 1 large building, less traffic, less noise, less population, and
less clutter. The building will be 1 story and low profile and satisfies all
the concerns of the neighborhood. He said this is an issue of 2 developers
competing for 1 piece of property. Duane explained that his previous contract
with Dr. Ellis has expired but he hopes to renew it. There was discussion
about contract issues between Mr. Wadley, Dr. Ellis, and the Galloway’s. Mr.
Wadley said the purchase of the Galloway property is contingent upon the
contract with Dr. Ellis being renewed.
John Laffen of 301 S. Sunflower Lane asked if the
proposed building would be a single level. Mike McCown said yes it would be. John
Laffen asked if the restriction for assisted living were removed, would that
allow any multi-family dwellings on that property. Clark Nelson explained
this application restricts the applicant to multi-family dwellings for the
elderly and handicapped with and/ or without assisted living.
Quentin Coon asked for clarification from Les. Les
said the prior special use limits the use of the property to an assisted
living facility only. Les suggested the motion include “to add multi-family
dwellings for the elderly and handicapped to the limitation of assisted
living” so there are only 2 possible uses for the property.
John Laffen asked Mike McCown if his company planned
to develop the R-2 Single-Family residential buffer as well. Mike McCown said
yes, they will develop the buffer.
Kenneth Boone of 235 Sunset Drive asked if the
density of the development will be increasing with the new applicant. He also
asked for a guarantee that the development would be limited to 1 story units.
Les Mangus said as this property is zoned today, the R-4 zone allows density
of 14 dwelling units per acre. This could net out to be 55- 60 units in an
assisted living fashion and could be 45’ high in this R-4 district. Les said
with a special use, the Planning Commission can attach any conditions they
Kenneth Boone asked how the Galloway’s access road
be restricted from the general public traffic in and out of Willowbrook. Les
Mangus said a letter of intent between a potential developer and a property
owner does not guarantee anything. He said this is an issue for when the
ownership of the property actually changes. Access controls will be discussed
during the platting process. General discussion continued.
Frank Galloway continued his concerns about the
road. Clark Nelson explained that legal issues are not relevant to a special
Jan Cox said her understanding is that the neighbors
are concerned about the access of this development to Willowbrook. Les Mangus
said nothing has changed from the application of 4 years ago. No property has
changed hands, there is still a court order giving Galloway’s access to
Willowbrook, the conditions are all the same.
Mike McCown said that he is sensitive to the
neighbors concerns, but there is the risk of increased traffic using the
access road into Willowbrook. The McCown application plans for access only
onto Kellogg. Clark Nelson repeated again that access plans for this piece of
property have not changed from the approved plan of 4 years ago.
Xury Hole asked the applicant to draw their planned
access road from Kellogg past the Galloway’s property. Clark Nelson said the
issue tonight is not the access road, but only the special use of assisted
Caroline Hale clarified the property boundaries to
the east. Les said the Galloway’s road is in a line between the intersection
of Sunset & Willowbrook, and the Galloway house.
Linda Galloway of 359 S. Sunset Drive pointed on the
map to show the eastern boundary of the subject property, and she said the
piece of property is not usable between the road and the tree line. Clark
Nelson said he still does not see a negative impact to the current
right-of-way if this application is approved.
Caroline Hale said she does not feel the neighbors
are concerned about the Galloway’s losing their access to Willowbrook; they
do not want the general public using that easement road to travel from that
neighborhood to and from Kellogg avoiding the intersection of Kellogg and Andover Road. The previous developer had offered to purchase the Galloway property; thereby
the access road into Willowbrook goes away.
Kathy Bowman of 327 Sunflower asked for
clarification of zoning requirement changes, garages, traffic, etc. Mike
McCown said this will be a single story facility with garages, no assisted
living services, nice development with brick fascia, no service trucks, and
David Martine asked if this
will be 1 building or several small houses. Mike McCown said it will all be
connected, but there is no final design yet. There was general discussion
about other senior facilities in Andover. Les reminded everyone that the only
difference in this application and the existing special use is whether
assisted living services within the building are required or not. They are
both multi-family housing for the elderly and handicapped, One is required to
have services within to obtain the State license and the other does not.
Quentin Coon asked if a new plat would be submitted.
Les said yes and at that time access issues would be addressed. Today nothing
legally prohibits access to the north. There are no conditions of access
control in the existing special use.
Clark Nelson asked if the height of the facility
could be a condition of approval. Discussion continued about other possible
restrictions. Les Mangus said if the members wish to limit the height, they
need to put a number on it. A typical single-family residential maximum
height is 35’. The applicant said he is not sure that height limitation would
be acceptable to the project.
Diane Boone of 235 Sunset Drive said the new
developer has not spoken to the Galloway’s which might have relieved some of
this controversy. She is also concerned about access from Willowbrook to
Kellogg if this property is developed.
John Laffen asked if this application is denied
tonight, can another application be submitted in the future for the same
thing. Les said there is no restriction on the filing of applications but
there is filing fees each time. Mr. Laffen asked for this application to be
denied, to give Duane Wadley time to work out a contract with Dr. Ellis and
the Galloway’s. Clark Nelson said contractual negotiations are not the duty
of the Planning Commission. Les Mangus suggested the members NOT limit access
in the motion because the platting details have not been worked out.
Clark Nelson closed the public comment portion of
the public hearing and discussion returned to the bench at 8:10 p.m. for
consideration. Chairman Nelson began the review of the rezoning report.