SHERIDAN — At the April 1 City Council meeting a controversial development on the corner of Brundage Lane and Big Horn Avenue was tabled for later consideration.
Since that meeting, the developer of Skyview West, a proposed 76-unit apartment complex consisting of one-, two- and three-story units, has withdrawn the conceptual plan that would have required a planned unit development.
Phoenix Limited Partnership, owned by Kim Love, intends to change the plans, according to a notice of withdrawal submitted to Mayor Dave Kinskey on Thursday.
The new plans will maintain the current R-3 Residential zoning, which has been contested by nearby landowners who say one tract of the land was never officially rezoned and should be R-1.
Love has asked that the city deal with a petition brought by more than 200 nearby residents in May 2011 asking for the land to be officially re-zoned back to R-1.
That petition was tabled and was not addressed while compromises for the development were discussed, eventually leading to the proposed PUD that has now been withdrawn.
“Part of my request has to do with the fact that we have asked the city to dispose of that petition, one way or the other, that came before them,” Love said. “We want the city to take it off the table and vote on it one way or another. I’m nervous about that legal cloud hanging over it.”
Love said if the city decides to approve the petition and rezone part of his property to R-1, he will sue the city for damages.
“We did everything we were legally supposed to. As far as I’m concerned, we didn’t do anything underhanded. I bought a piece of property. There was an issue. We went to court, and the court filed in our favor,” Love said about a declaratory judgment that ruled both tracts of property were R-3 as indicated on a city zoning map.
Love said he wasn’t sure when plans for the new development will be resubmitted for consideration.