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Commission calls hearing on PD-189 amendment after applicant seeks independent-living use
Summary
Commissioners unanimously called a public hearing to consider amending Planned Development 189 to allow an independent-living facility on one lot; the applicant says many property owners in the PD are out-of-state corporations and staff explained noticing rules and the 20% opposition threshold.
The Planning and Zoning Commission on Sept. 2 voted 8-0 to call a public hearing to consider an amendment to Planned Development (PD) 189 that would allow an independent-living facility on one lot within the PD. The PD covers about 108 acres at the southeast corner of Park Boulevard and Preston Road; the applicant is Trevor D. Armstrong.
Planning staff explained that the independent-living use is not currently allowed by right in PD-189, so an amendment to the development regulations is required. Because a PD can include multiple property owners, all owners must authorize a petition to amend the PD; staff said consent had not been obtained from every owner and recommended callers for a public hearing so the city can proceed with processing. Staff also confirmed that all owners within the PD will receive mailed notice for the case and that the city will send the usual 200-foot notice plus an additional 500-foot notice for the PD boundary.
Staff discussed recent state zoning law changes (Senate Bill 840) and said the PD amendment would require a zoning change under current or updated law; the applicant's proposed building heights also likely require plan-development review either way.
Applicant Trevor Armstrong told commissioners he held a community meeting in May and mailed invitations to more than 100 addresses; about 20 attendees came. He said many PD property owners are out-of-state corporations, which made outreach more difficult. He reported no negative written responses to date from the mailed invitations.
Commissioners asked about notice and thresholds for opposition. Staff explained a 20 percent-land rule: if property owners representing 20 percent or more of the land area (by land ownership) submit opposition within the rezoning boundary or the required notice area, the matter would require a supermajority vote at city council. Business tenants who do not own land do not count toward that 20 percent calculation.
Commissioner Vronsky moved to call a public hearing as recommended by staff; Commissioner Ali seconded. The motion passed 8-0.
