| | | | | | | |
CITY COUNCIL AGENDA COMMUNICATION |
|
| | | | | | | | | AGENDA DATE: | February 13, 2018 |
|
| | | | | | | | | SUBJECT: | Adopt a Resolution Approving the Partial Release of a Declaration of Age Restriction for the Aspens at Twin Creeks. |
|
| | | | | | | | | STAFF RESOURCE: | Madhuri Mohan, Senior Planner |
|
| | | | | | | | | PREVIOUS COUNCIL ACTION: | On June 23, 2009, City Council approved a request to amend 22.036± acres of Planned Development No. 54, Tract 11, from Industrial Technology to Multi-Family MF-18 for The Aspens at Twin Creeks.
On April 27, 2010, City Council amended the age restriction declaration for the Aspens at Twin Creeks.
On January 9, 2018, City Council approved the request to amend the Development Regulations of Planned Development No. 54 Multi-Family Residential MF-18 for Lot 1R, Block C, Bray Central One, for The Gatherings at Twin Creeks. |
|
| | | | | | | | | BOARD / COMMISSION ACTION: | |
|
| | | | | | | | | ACTION PROPOSED: | Adopt a Resolution Approving the Partial Release of a Declaration of Age Restriction for the Aspens at Twin Creeks. |
|
| | | | | | | | BACKGROUND
The property is generally located north of Bray Central Drive and west of Watters Road. The properties to the north are zoned Planned Development No. 108 Single-Family Residential. The properties to the east (across Watters Road) are zoned Planned Development No. 108 Mixed-Use and Planned Development No. 54 Industrial Technology. To the west and south (across Bray Central Drive), the properties are zoned Planned Development No. 54 Single-Family Residential R-7.
In June 2009, the zoning of the property was changed from Planned Development No. 54 Industrial Technology to Planned Development No. 54 Multi-Family MF-18 for an age-restricted senior independent living facility. Deed restrictions were written, in conjunction with this development, which established the following:
- The housing provided is primarily for persons 55 years of age or older. Persons under 19 years of age cannot occupy any unit for more than 90 days per year.
- The age-restrictions can be amended by the City subject to City Council approval.
In April 2010, the age restrictions were amended as the developer was experiencing difficulty in securing funding through the HUD 221 (d)(4) loan program due to the deed restriction limitation of persons under the age of 19. The following changes were made:
- Elimination of the provision limiting the number of days a person under the age of 19 can occupy a unit.
- Raising the age restriction declaration to 62 years of age, which aligned with the age requirement for the HUD 221 (d)(4) loan program.
In January 2018, the zoning was amended for Phase 2 of the original Aspens at Twin Creeks development (Lot 1R, Block C, Bray Central One - now The Gatherings at Twin Creeks). This amendment was approved with a regulation to deed restrict the property to persons 55 years or older. Before this deed restriction can be executed and recorded, the current deed restrictions (age restricting the property to 62 and older) must first be released. The resolution approving the partial release of the age restrictions is attached.
|
| | | | | | | | STAFF RECOMMENDATION
Staff recommends approval.
|
| | | | | | | | MOTION
I make a motion to adopt Resolution No. __________________ approving the partial release of a Declaration of Age Restriction for the Aspens at Twin Creeks.
|
|