PDD-23-7606 Angel Senior Living MPUD rezoning
What the county recorded
This item is not from the published agenda
It is a stretch of the recording that this archive identified as a separate matter — a call to order, a recess, or something taken up that the agenda does not list. There is no official title, no staff recommendation and no disposition, because the county never recorded one. Everything below is inferred.
The source document
The county’s agenda for Planning Commission, Jan 5, 2023
The published PDF, as served by the county. This item is one entry in it.
The county’s minutes for Planning Commission, Jan 5, 2023
The published PDF, as served by the county. This item is one entry in it.
What was said
Machine transcription of 15m of recording, with speaker names inferred from voice matching. 92% of 89 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.
So again, Liam Divine Planning and Development. This is um P D twenty three dash seven six oh six it is for Angel Senior Living M P U D The subject site is located on the north side of
State road fifty two and east of US Highway forty one.
The aerial view.
Um the surrounding feature land use.
And zoning.
The applicant is requesting a rezoning from AR, Agricultural Residential District, R4 High Density Residential District, and C One Neighborhood Commercial District to an MPUD Master Plan Unit Development District on approximately 31.77 acres for a maximum of 180 square feet of commercial and a maximum of 181 square feet of residential treatment care facility. The applicant is requesting deviations from the land development code, LDC section 901.6.d.11, street
design and dedication requirements. and LDC section 901.7.E and 901.8.f, which talk about bicycle and pedestrian facilities and obstructions. So for the first deviation, staff found to grant a well to recommend approve a condition of approval for the deviation of connecting to the properties to the east and south. Based on that, to the
south, there are portions that are low-lying where naturally you would put water drainage detention ponds, and there is a category three wetland as well. To the east lies all single family residential homes. And then for, and there's a typo in my PowerPoint here, so the section isn't 905.2, it's actually 901.7.e and 901.8.f. Um, that is the applicant's asking of variations for that for obstructions. Those sections of the land development code talking
about obstructing pedestrian pathways and bicycle paths. So this would be only for the portion that is to the east that's used. For the residential treatment care facility, they're going to be gating that for security and safety purposes. However, the rest of the development will have sidewalks connecting to the trail that's along 52. This is the master plan.
The SIPCIC site consists of agriculture pursuits and approximately 31.77 acres. The applicant proposes to develop the property with a maximum of 180 square feet of commercial and 181 square feet of residential treatment care facility. The surrounding area is characterized by residential development consisting of Fox Ridge single-family detached dwellings and then New River Subdivision, which is also single-family detached dwellings. The site is within the South Market area and in is also
located in the urban service expansion area. And the site has a future land use classification of Res 6 and ROR. And this is coming with recommendation for approval with conditions from Planning Development Department.
Okay, I can answer that. Any questions for Liam?
Yes. The land use map says res three, the staff report says res six.
Yes, so I can correct that. So it is recently went through a um future land use um comp comp plan amendment to change it to res six. So it was recently approved for res six. However, there is a delay from when that gets approved and our GIS department can update it, and then when our maps are created. Did
you show us what's res six today?
If that's been changed.
So the portion that would have been changed would have been the portion that is to to the west, um which would have been res three. That was So there's still res three on the sorry.
Can you put the land use map
up? Maybe I'm mis m misremembering. Give me a second here.
Well, faster padding, that's fine.
So I believe What was changed is if you see the red outlined area that's ROR, that did not change. The portion that is highlighted in pink to the west of that, to the left, was Res 3. That was changed to COM Commercial. However, the small portions to the east, that is in the pink outside of the red area, and the small portion to the south that they're using for water drainage. retention that looks like a single family lot. Um the that is still res
Okay, so I saw on the map there's Calm it on the maybe it's better on the master plan it shows there's a little inset that shows the land use.
You said that small residential lot section there that's gonna be drainage and retention.
Yes.
Okay. That was gonna be my question.
I'm sorry.
Okay, so there's in the lower left there's a land use map. And then the question is is that updated
I I'm not sure if you're not going to
Give me one second. Let me look let me look over.
There's com and then there's it says res three, but you say it's res six.
Just the same as the red out ones.
I believe that the map in the bottom left corner is correct. Okay. And that's what it should reflect.
I'm trying to figure out how the res whether it's res three or res six and it really doesn't matter for this question How they're being developed. as either commercial or residential treatment and care facility. I think I understand the residential treatment and care facility portion being that in the Res three district that health care facilities
can be Allowed.
public slash semi maybe Barbara can help me well you're not getting paid for this public slash semi public use but it also says neighborhood scale public slash semi public use 180,000 square feet is the equivalent of ninety single family homes. That's the scale of a neighborhood. That's not neighborhood scale.
So I believe it's a little bit more than a little
And then I'm trying to figure out on the West where we're giving it C one commercial uses how that Res 3 or Res 6, whatever it is, is being developed as commercial. Because it doesn't meet The commercial node criteria. And it's not a public semi-public use. And it doesn't appear to me appear to meet the commercial infill development criteria. So I'm trying to figure out how we're approving it.
Yeah, so to the west, and I might have misspoke, to the to the west, there's actually split, and I know it's very difficult to see in the bottom left corner. The only portion portion that was changed for that future land use was com commercial along the front. And if you see in this master plan, they're they're planning and putting their um water retention to the south. And they left that as as res.
Okay.
So the
so the retenti it will be only retention in the res three or
res
six or whatever
it
is.
Correct. That is what shows on their master plan. Oh. Yes. And then they have that commercial along the front?
All right, I understand that. So then how about on the east where we have a res three portion that we're doing as residential treatment and care and that's my question is what what's neighborhood scale? I I looked in the definitions in the glossary and the comp plan and there's no definition for what neighborhood scale means.
To me that seems a hundred and eighty thousand square feet seems pretty large for a neighborhood scale. But that's
true
in the bottom.
Well I think you just have to see to answer the question about how they're permitting it in res three. Whatever their theory is that
The the neighborhood scale is what for public semi public uses is what allows these uses to be able to locate in any of the future land uses. Right, I understand that. So the neighborhood scale uh has to do with the impact of the property or excuse me, the impact of the land use to the surrounding uh development, not necessarily uh the amount of entitlement. Typically the amount of the entitlement is going to drive impact. Right. So but it's not necessarily
the case that uh a a large say user or facility like a residential training and care facility is going to carry the same kind of impact on that 180,000 square feet as say an 180,000 square foot retail building. So uh it's my understanding that what's happening at this location is that a portion of that site straddles the future land use
district boundary. And so there's going to be a blending of that uh then of that intensity on the site between the two future land uses.
So that's where I was confused. What controls the limitation or I didn't see anything of how they arrived at the calculation, how
Is there a certain amount of bad residential treatment care that can be
a little bit more than that?
Would that be the same like a school? Would that be a neighborhood scale? Yeah, we have schools, big pretty good sized schools in neighborhoods.
Right.
Of course they're not subject to our
Well and I think a residential treatment and care facility is a conditional use in most residential or many residential zoning districts, is it not?
That is correct.
Just to be clear, I'm not opposed. I'm just trying to understand.
So I think to a certain extent the zoning districts are probably informing that being a permitted use because
I'm pretty confident that we've approved many residential treatment and care facilities in residential zoning districts in the past as a conditional use. So that would imply that it is a type of use that can be permitted in a residential land use and zoning. Okay. I think your issue probably is the scale of that use. Which is kind of a more of a compatibility issue in my opinion, that if you think that the scale of that use is not compatible For
this area
that's something I don't particularly think it's not necessarily compatible. I'm just asking how we There's no definition in the comprehensive plan as to what constitutes neighborhood scale. So that was what I'm trying to get at is how do we how do we make that determination that that is neighborhood scale? The
Mr. Moody's correct that there isn't a a specific definition in the comprehensive plan, but there is um an a positive definition in the comprehensive plan in the sense that if you look at the uh public semi-public future land use definition in appendix A6. It has major in mind. Right. Right. In there It discusses uh which public semi-public uh uses require the future land use designation
for PSP. thereby leaving the remainder to be the neighborhood scale public semi public that then is applicable in all the other flus.
Okay, so just going forward if it's Listed as the minor semi public use, we can make the assumption that that meets the neighborhood scale criteria. Okay. That's correct.
There's also a provision of our comp plan that says that all minor public semi public uses are allowed in any land use category. Okay.
That's what I needed
to understand.
Thanks, Jerry. Thank you.
That's it? Nothing else? Anything from the public? Coming from the board. Okay. Not I hear a motion?
Yes, since I pulled it and I'm not opposed to it and now I'm very clear upon it, I would move to approve item P D twenty three seven six six six six six oh six.
All right. So we have a motion to approve. I would I understand we have a motion to approve, but I'm not sure we ever let the applicant speak if they want to. I don't know if they if they want to. Is there an is the applicant here? It's an
old saying in real estate, don't talk fast to
I I I get that, but but just in case the applicant wanted to say something before you vote, I want to give them a chance. Did the applicant hear
it like
I
I did I thought I
had
to somebody raise their hand in the back, but I don't see them now. Maybe they stepped out to go to the bathroom. I don't know. But they were here
earlier. Yeah, there was the way in the back that you raised your hand. But I asked about speaking and I didn't get a response.
Apparently they don't care enough to be here to speak, so we can move on. They're getting what they want anyway, so
is there a second? A second.
Okay. We have a motion and second. Any further discussion? Not all in favor? Signify by saying aye. Aye. Opposed, like, signed.
Okay.