2011-62 REZONING PROPERTY - 180 WEST IMBODEN DRIVE

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DEVELOPMENT SERVICES MEMORANDUM No. 11-55 October 12, 2011 TO: Honorable Mayor Michael T. McElroy and Cit Council Y Y Y FROM: Ryan P. McCrady, City Manager Billy Tyus, Assistant City Manager Suzan M. Stickle, Senior Planner Joselyn A. Stewart, Transportation Planner SUBJECT: Rezone from R-5 Special Use Permit and R-5 Residential Development Plan (RDP) to PD Planned Development at 180 West Imboden Drive and 2110-2181 Imboden Place SUMMARY RECOMMENDATION: Staff recommends approval of the rezonin g to PD Planned Development with the following conditions: a.) Final site, landscaping and lighting plans shall be submitted to and approved by the Department of Planning and Building Services, Public Works Department and the Fire Department prior to building permits being released; b.) Landscaping: All existing trees and vegetation located in the required 50 foot buffer yard shall remain intact; and c.) Signage shall be in accordance with the regulations for the R-5 District. The City Plan Commission voted 9-0 to recommend approval of this petition at the October 6, 2011 meeting; the minutes of the meeting are attached. BACKGROUND: On March 4, 1982 the City Plan Commission voted 8-1-1 to approve the rezoning from R-3 Single Family Residence District to R-5 Residential Development Plan (R-5 RDP). The petition was approved by City Council by a 5-2 vote on March 22, 1982. The petitioner proposed to rezone a total of 10.25 acres to R-5 RDP to allow for the construction of a 120 unit apartment complex in three phases of development. Phase One would consist of a commercial building and 51 units, Phase Two would contain 48 units, and Phase Three would contain 21 units. It was the intention of the petitioner to develop these units as condominiums and restrict the occupancy to persons age 62 and over. On January 5, 1989 the petitioner requested that Ordinance # 82-36 that granted the R-5 RDP be repealed. The petitioner then requested an R-5 Special Use Permit to allow for the construction and operation of a 91 bed residential care facility (nursing home) on the west side of said tract. The remaining east side of the tract (approximately six acres) would remain vacant; any further development would require additional zoning and/or subdivision action. City Council approved these requests on February 6, 1989 with a 6-0 vote. In October of 1989 the petitioner went before Plan Commission requesting that the east side of the tract be developed and rezoned to an R-5 RDP. The request was for a congregate living facility consisting of 32 living units and a club home office. The petition was approved by City Council on November 20, 1989 with a 7-0 vote. To date twelve of the approved 32 living units