CCP 07-28-2009 - Laserfiche WebLink

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App�a�ed , PLANNING COMMISSION PROCEEDINGS •, Regular Meeting — May 19, 2009 at 7:00 p.m. Present: Commissioners James Alvey, Larry Baker, Steve Danger, Bruce Howard, Tom O'Keefe, Norm Schiferl, and Paul Zisla. Absent: Also Present: David Phillips, Council Member, Grant Femelius, Community Development Director, and Janice Gundlach, City Planner. Agenda Review: Agenda was approved. Minutes: Minutes for April 21, 2009 were presented and approved. Council Action: Council Member Phillips reported Council is reviewing 2009 and 2010 budgets. Mayor Larson, City Manager Lotter and Council Member Phillips met with Senator Chaudhary regarding state funding. Public Hearing: PRD2009-001, LP2009-00 Planned Residential Development Amendment & Site Plan Allowing for Construction of a 1,200 SF Dining Expansion at 2700 Rice Creek Road 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 5t1' and there was good attendance by the neighbors, particularly those on 28`x' 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. 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 by the City Attorney that addressed this issue at that time. 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.