Title
Conduct a Public Hearing to Consider/Discuss/Act on the Request by Pogue Engineering & Development Company, Inc., on Behalf of McKinney Fellowship Bible Church, for Approval of a Request to Rezone Fewer than 33 Acres from "PD" - Planned Development District to "PD" - Planned Development District, to Allow for an Assisted Living Facility, Located on the East Side of Orchid Drive and Approximately 350 Feet North of Eldorado Parkway, and Accompanying Ordinance
Summary
MEETING DATE: December 3, 2013
DEPARTMENT: Planning
CONTACT: Michael Quint, Director of Planning
Brandon Opiela, Planning Manager
Samantha Gleinser, Planner I
RECOMMENDED CITY COUNCIL ACTION:
· Staff recommends approval of the proposed rezoning request. The Planning and Zoning Commission has recommended approval of the item with the following special ordinance provisions:
1. The use and development of the subject property shall develop in accordance with "PD" - Planned Development District Ordinance No. 99-02-24, except as follows:
a. An assisted living facility shall be an additional allowed use, and shall only be permitted on Tract 2 (maximum of 7 acres), more fully depicted on the attached Zoning Exhibit "B".
b. An assisted living facility use shall be limited to a maximum height of 40 feet (2 stories).
c. At the time of development of an assisted living facility on the subject property, one canopy tree shall be provided every 40 linear feet along the north and south sides of the southernmost access drive extending east from Orchid Drive (approximately 160 feet along the north side of the drive and approximately 550 feet along the south side of the drive), which is more fully depicted on the attached landscape exhibit.
ITEM SUMMARY:
· The applicant is proposing to rezone approximately 32.94 acres of land, located on the east side of Orchid Drive and approximately 350 north of Eldorado Parkway from "PD" - Planned Development District to "PD" - Planned Development District, to allow for an assisted living facility. Currently the subject property is to Christ Fellowship, and the applicant has indicated their intent to subdivide the property into two lots in order to develop an assisted living facility on approximately 6 acres in the southeast corner of the subject property, just south of the church.
· During the public hearing portion of the November 12, 2013 meeting, several nearby residents expressed concerns about the proposed location of the assisted living facility (see attached Planning and Zoning Commission meeting minutes).
BACKGROUND INFORMATION:
· Please see attached Planning and Zoning Commission meeting Staff report.
FINANCIAL SUMMARY:
· N/A
BOARD OR COMMISSION RECOMMENDATION:
· On November 12, 2013, the Planning and Zoning Commission voted 5-0 to recommend approval of the proposed rezoning request with a modification to the special ordinance provisions stating that the development of an assisted living facility use be limited to the southernmost 7 acres of the subject property. This change has been reflected on the attached proposed ordinance as well as the special ordinance provisions listed above.
· Subsequent to the Planning and Zoning Commission meeting, the applicant provided a new zoning exhibit to Staff restricting the assisted living use to the southeastern portion of the property (7 acre maximum) in accordance with the recommendation of the Planning and Zoning Commission.