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PLANNING REPORT DATE: May 14, 2009 CASE: PRD2009-001, LP2009-00 SUBJECT: Planned Residential Development Amendment & Site Plan Allowing for Construction of a 1,200 SF Dining Expansion at 2700 Rice Creek Road APPLICANT: Brightondale Assisted Living REQUEST&BACKGROUND The applicant is seeking consideration of Site Plan and an amendment to a previously approved Planned Residential Development to allow construction of a 1,200 SF, one-story dining room expansion to the existing three-story assisted living facility at 2700 Rice Creek Road. The associated improvements include renovations to the interior first and second floors, a patio re- construction to the north of the proposed dining expansion, and landscaping and mechanical improvements. The proposed addition would be placed on the existing patio, and including the new patio area,the net area of loss of green space is 300 SF. The applicant initially contacted staff many months ago concerning a variety of improvements they were considering for the assisted living facility at 2700 Rice Creek Road. After review of the previous approvals and weighing the needs of the facility, the applicant submitted the current request. Noting the controversial past, staff recommended the applicant hold a neighborhood meeting in advance of the Planning Commission public hearing. This meeting was held on May 5th and there was good attendance by the neighbors, particularly those on 28th Ave NW. Generally speaking, it seemed the neighbors were opposed to any expansion and primary points of concern included noise from existing mechanical units and landscaping/screening concerns. This site has an extensive history with regard to amendments to the original Planned Residential Development (PRD) that was approved in 1979. The most recent request was approval for a kitchen expansion in 2000. Staff has provided a summary of the history below as well as Resolutions documenting all past actions. Lastly, the neighbors' believe any expansion of this facility violates former "green space" agreements. Staff has researched all City files and finds no evidence of a formal green space agreement. It appears the neighbors' feel that the 1985 PRD approval for the initial development of the site constitutes a formal agreement. While this is true to the extent that that PRD approval outlines how the property can be developed, this does not prohibit the developer from requesting amendments to the PRD. The City Attorney was asked to review this issue (among other issues) in 1997. A letter was prepared, dated 11/12/97 and attached to this report, with section III on page three addressing this issue. Also, it appears a PRD Declaration was never drafted or recorded against the title of this property. The City Attorney believes this is probably because PRD Declarations were not executed during the time the original development was approved. Thus,the City Attorney recommends a PRD Declaration is executed with this project. ATTACHMENTS A—Resolution B—Project Location Map C—Zoning Map D—Aerial Photograph