HomeMy WebLinkAbout0321 MINUTES
PALM DESERT PLANNING COMMISSION REGULAR MEETING
TUESDAY - MARCH 21, 2000
7:00 P.M. - CIVIC CENTER COUNCIL CHAMBER
� 73-510 FRED WARING DRIVE
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I. CALL TO ORDER
Chairperson Beaty called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE
Commissioner Campbell led in the pledge of allegiance.
III. ROLL CALL
Members Present: Paul Beaty, Chairperson
Jim Lopez, Vice Chairperson
Sonia Campbell
Cindy Finerty
Sabby Jonathan
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Members Absent: None
Staff Present: Phil Drell, Director of Community Development
Bob Hargreaves, City Attorney
Steve Smith, Planning Manager
Martin Alvarez, Associate Planner
Jeff Winklepleck, Parks and Recreation Planning Manager
Mark Greenwood, Transportation Engineer
Tonya Monroe, Administrative Secretary
IV. APPROVAL OF MINUTES:
Consideration of the March 7, 2000 meeting minutes.
Action:
It was moved by Commissioner Campbell, seconded by Commissioner Finerty,
approving the March 7, 2000 meeting minutes as submitted. Motion carried
5-0.
V. SUMMARY OF COUNCIL ACTION
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Mr. Drell indicated there were no pertinent March 9, 2000 council actions.
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VI. ORAL COMMUNICATIONS
None.
VII. CONSENT CALENDAR
None.
VIII. PUBLIC HEARINGS
Anyone who challenges any hearing matter in court may be limited to raising
only those issues he or she or someone else raised at the public hearing
described herein, or in written correspondence delivered to the Planning
Commission at, or prior to, the public hearing.
A. Case No. CUP 00-3 - SAM REBER, M.D., Applicant
Request for approval of a conditional use permit to allow
construction of a second unit senior housi�g unit on a single �
family lot located in the R-1 zone at 74-680 Old Prospector Trail.
Mr. Smith explained that plans were on display and were also included in
commission packets. Commission also received two letters from immediate
neighbors to the project. Neither objected to the project. Mr. Smith explained
that the request was for an addition of 1,728 square feet to the existing single
family home on Old Prospector Trail. The addition would include a two-car
garage and 1 ,344 square feet of living space to be used as a second unit
senior housing unit. This was pursuant to Chapter 21 of the Zoning
Ordinance. The addition would take place along the east side in the rear yard
and would be connected to the main structure with a series of beams. The
code section that provided for this second unit specified seven requirements.
Staff felt the requirements had been met, other than item "C" which limited
the additional area to 10% of the living space in the dwelling. He explained
that this was considerably in excess of that; however, the existing unit on the
lot only amounted to 9%. It was a very large piece of property so given those
circumstances, staff felt an exception was warranted. He felt the findings
could be made for approving the canditiona{ use permit. They were outlined
on pages 3 and 4 of the staff report. He indicated the project was a Class 3 .
Categorical Exemption for CEQA purposes. On March 14 Architectural Review �
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Commission reviewed the matter and granted preliminary approval. He
recommended approval subject to the conditions outlined in the draft
resolution, one of which required that the building be shifted further to the
west on the lot to meet the required side yard setback and that could be
accomplished. He asked for any questions.
Commissioner Campbell noted one letter was from Phil Joy. It said, "I
understand that the removal of the kitchen facility for this unit in the future
would eliminate the need for yearly reports to the city." Commissioner
Campbell asked if the kitchen facilities were removed, how they could have an
apartment. If they removed it, it would be just like a room. Mr. Drell thought
what he was saying was that if the kitchen was removed, then it was no
longer classified as a second senior unit. Therefore, the need for the
conditional use permit would disappear. This would then be just an addition
to the house. Commissioner Campbell said that if that was done, this
shouldn't be allowed to be built in the first place. Mr. Drell explained that it
met all the setback requirements of a single family house. What required a
conditional use permit was the addition of the kitchen, which defined a unit.
Removal of the kitchen would eliminate the need for a cond+tional use permit.
�.. In this case it was physically attached to the main dwelling and in terms of
coverage and setbacks, it was being regulated as part of the main dwelling.
Just like a room addition. Regarding the letter the commission received from
Patricia Stullken and Bernelda Engler, Commissioner Campbell asked what
would happen if the home was sold--if it could be used as a rental unit. Mr.
Drell said yes it could be a rental unit. While ihe Rebers weren't planning on
using it as a rental unit, a requirement of state law was that these types of
units be allowed and the only requirement was that the occupants be 60 years
of age or older. It could be a rental unit, but again, there was a requi�ement
in state law that said there must be a mechanism in the ordinance to allow
these types of units in a single family zone.
Chairperson Beaty opened the public hearing and asked if the applicant wished
to address the commission. There was no response. He asked if anyone was
present representing the applicant. There was no response. Chairperson
Beaty asked if anyone wished to address the commission in FAVOR or
OPPOSITION to the proposal. There was no one and the public hearing was
closed.
Chairperson Beaty asked for commission comments or action.
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Action:
It was moved by Commissioner Campbell, seconded by Commissioner Lopez,
approving the findings as presented by staff. Motion carried 5-0.
It was moved by Commissioner Campbell, seconded by Commissioner Lopez,
adopting Planning Commission Resolution No. 1980, approving CUP 00-3,
subject to conditions. Motion carried 5-0.
B. Case No. CUP 00-04 - TCW INC. for CURVES FOR WOMEN, Applicant
Request for approval of a conditional use permit to allow the
operation of a 1,200 square foot fitness and weight loss center
located at 73-020 EI Paseo, Suite 3.
Mr. Alvarez indicated that the request was for a conditional use permit to
operate a 1 ,200 square foot fitness and weight loss center known as "Curves
for Women". He explained that the business was located within the Columbia ,
Center at the southwest corner of Highway 11 1 and Monterey Avenue, just
north of Hooters Restaurant. The business would consist of a 30-minute
cardio strength training circuit. Members would rotate around 22 weight
training stations, completing their workouts within 30 minutes. Hours of
operation would be 9:00 a.m. to noon and 3:00 p.m. to 7:00 p.m. Monday
through Friday. The center would allocate seven spaces for the use. The
requirement would be eight, but based on the applicant's letter describing the
use, about 16 or 17 persons would be on site potentially visiting this business.
Thus a deficiency was created and the conditional use permit required. He
indicated that he conducted a parking survey within the weeks of March 6 and
13 and the results were distributed to the commission. The survey illustrated
that there was sufficient parking to accommodate the use at all times,
including the lunch hours and dinner hours, which was the primary visiting
times to the center. With the exception of one 1 ,200 square foot unit, the
center was fully leased. Another factor that contributed to the availability of
parking was that the Morgan, Stanley, Dean, Witter business closed at
approximately 3:00 p.m., thus freeing up additional spaces. Other businesses
closed at 5:00 and 6:00 p.m. Staff believed there was sufficient parking to
accommodate the use and the findings of approval could be met. Staff
recommended approval, subject to the conditions contained in the draft
resolution.
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Commissioner Campbell asked what has been happening to that center. Mr.
Alvarez indicated that the Palms to Pines East project was still scheduled for
construction. Mr. Drell clarified that there was a plan approved, but it was
initially knocked back because Rite Aid had some financial issues. The bank
building/furniture store was supposed to be demolished and Rite Aid built
there. Since Rite Aid wasn't moving anywhere but still had a lease on the
ground, to proceed the property owner had to get Rite Aid out of the lease on
the bank location so that they could get an alternate tenant.
Chairperson Beaty opened the public hearing and asked if the applicant wished
to address the commission. (The applicant was present, but said she had
nothing she wished to add.) Chairperson Beaty asked if anyone wished to
speak in FAVOR or OPPOSITION to the proposal. There was no one and the
public hearing was closed. Chairperson Beaty asked for commission
comments or action.
Commissioner Jonathan said that he was concerned about the parking
situation in that center, but he would defer to staff's expert opinion and hoped
a parking probiem didn't materialize.
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Action:
It was moved by Commissioner Campbell, seconded by Commissioner Finerty,
approving the findings as presented by staff. Motion carried 5-0.
It was moved by Commissioner Campbell, seconded by Commissioner Finerty,
adopting Planning Commission Resolution No. 1981 , approving CUP 00-04,
subject to conditions. Motion carried 5-0.
C. Case No. PP 00-3 - LANDMARK SPORTS AND ENTERTAINMENT, INC.,
Applicants
(Continued from March 7, 2000)
Request for approval of a precise plan of design to construct a
200,000 square foot sports complex with miscellaneous pads on
21 acres. Property is zoned Planned Community Development
and is located at the northeast corner of Cook Street and Gerald
Ford, also known as APNs 653-690-001 through 01 1 .
Mr. Winklepleck stated that the proposed building was previously approved by
`' the commission a few months ago on 70 acres along Monterey. The project
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had been moved and the applicant indicated there were many reasons,
including financial ones, why that had happened. He explained that the
proposed location was at the northeast corner of Gerald Ford and Cook Street
adjacent to the Cook Street freeway overpass. The project was designed with
the main pad being a sports facility at 168,154 square feet. The project
would include two fast food pads along Gerald Ford at 9,048 square feet; two
office pads at the northeast portion of the site at 76,000; and a hotel pad at
the southeast portion at 65,000 square feet for a total of 318,202 square
feet. There were two ingress/egress points. One at the eastern portion and
one at the western portion of the property. A traffic study was completed for
the previously approved 270 acre Wonder Palms Master Plan. The cornpany
who conducted that study, Endo Engineering, reviewed this project. A letter
was included in the commission packets indicating that the trips generated
from this particular project were less than those previously approved on this
site. The uses previously approved included a food park, RV storage, self-
storage and retail shops. Regarding the architecture of the building, it had not
changed except for the terra cotta split faced block that was previously
proposed as poured in place concrete and the roof which the commission saw
as a patina g�een which the council approved as tan. The roof went back
through the Architectural Commission as green and it was approved as green,
so they were back with that color. One major item with the proposed heights
was that they had changed. The north elevation showing the loading ramp
had actually gone subterranean. The grades had been changed to make a level
entry in from both the south entrance and the north side to the circular
Gameworks facility, as opposed to what the staff report said. The maximum
building height on the western side was 46 feet from that grade. The majority
of the project, instead of being 42 feet from grade, was sitting at 30 feet from
grade. As noted, this project would sit at the northeast corner of Cook Street
and Gerald Ford next to the overpass. The top of the overpass was
approximately 35 feet above the ultimate grade of the facility pad. The
circular section of the building would be about 19'6" above street grade with
the larger wing approximately 7 feet above that street grade. Mr. Winklepleck
indicated that the Architectural Review Commission looked at this project and
recommended approval. At that time the landscape plans which were
presented were for the most part similar to the p�oject on Monterey. ARC
recommended some changes. The revised plans would be submitted to ARC
on March 28. Mr. Winklepleck explained that he included a condition like the
Iast time that said if the Planning Commission wished to review the landscape
plans, those could come back to the commission for comments. The
restaurant pads would be proposed as fast food restaurants with drive
throughs. They fell within the Freeway Commercial Overlay zone. For the
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parking within that enclosed area around the restaurants there was a
requirement that the landscape be "bumped up" to 30% of which at least one
half of the 30% should be in a common usable area, whether it was a dog
park, playground or picnic area, as opposed to the 20% requirement for the
overall site. The project did meet the requirements for the FCOZ. With
regards to the office pads and hotel pads, staff understood that the hotel
might be coming in fairly quickly. There was an indication that the hotel
would be requesting three stories similar to the two Marriott proposals at
Frank Sinatra and Cook Street. If those hotels exceeded the 30-foot height
limit and an exception was requested, the Planning Commission would review
the proposal. If they didn't, the commission could still review the proposal if
they wished, it would be up to them. It would be the same for the offices.
They were indicated at three stories, but heights were not specified and no
architecture had been submitted. Mr. Winklepleck explained that the parking
for the facility, similar to the previous site, had no specifics in the code which
identified all of these uses. Staff went over it quite a few times and came up
with a requirement of 1,077 spaces. The applicant was proposing 1,1 1 7
spaces. Obviously those requirements were based on the square footages
proposed for hotel, office uses and the restaurants. Those numbers would be
�• the maximum allowable and if those were to be exceeded, they would be back
before the commission. Staff recommended approval and asked for any
questions.
Commissioner Campbell asked what the height of the project was the last time
the commission approved the project. Mr. Winklepleck said that on the
previous site the height of the building was 54'6" and 42' for the remainder
of the building. Mr. Drell asked about the relationship to the top of the
interchange ramp. Mr. Winklepleck said that it didn't change. As he
understood it the grading had been altered to create a mounding situation
where the rear and access for the trucks on the north side would be
subterranean but from appearances the building would actually be lower. As
far as the numbers changing from the top of the ramp to the building, he didn't
believe those changed.
Commissioner Jonathan asked what the ordinance designated in terms of
number of stories allowed for offices in the Freeway Commercial Overlay ione.
Mr. Winklepleck said that the only portion of this project that was technically
in the FCOZ was where the restaurants were located; not the entire project.
The remainder would fall under the PC-2 requirements which would be 30
feet. Commissioner Jonathan asked if PC-2 allowed offices subject to a
`" conditional use permit or if office was an approved use. Mr. Winklepleck
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stated that it was an approved use through a precise plan. If the commission
wanted to see it again, they could bring it back through the Planning
Commission and that could be done for the hotel and offices as well.
Commissioner Jonathan asked what the ordinance said about the number of
stories. He asked if it was silent in that regard. Mr. Winklepleck said it was
silent and just specified maximum height. Commissioner Jonathan said he
didn't see any language about three stories. He asked if that designation
needed to be made for the precise plan or if that was something that would
be determined later. Mr. Winklepleck said that typically when there were
larger projects, similar to the previous proposal on the 70 acres and what has
been seen with other projects that have satellite pads like Lucky's at Deep
Canyon, they saw the architecture for that and the zone basically spoke to the
limits of the remaining pads which were typically approved through Planning
Commission as part of the precise plan and then the Architectural Commission
would then review any architecture beyond that point, assuming it met all the
requirements for the zone. Commissioner Jonathan pointed out that normally
ARC sees projects and grants approval before it got to Planning Commission
and they hadn't seen any precise plans for office buildings, hotels or ,
restaurants at this point. Mr. Winklepleck concurred and explained that was �
why he suggested the condition that if the Planning Commission wanted to J
see them, they would definitely come through them. Commissioner Jonathan
asked what would happen if the commission was silent in that regard. Mr.
Winklepleck said that it would go to ARC for approval and, depending upon the
council, it might also go through council. Commissioner Jonathan said that in
essence they could end up with potentially a three-story hotel and three story
office buildings without it going through Planning Commission. Mr.
Winklepleck said yes, assuming they could fit it under the 30-foot height limit.
He thought it was possible for the three story offices, but wasn't sure about
the hotel because of the entrance element. Mr. Drell said that the Planning
Commission could require that it come back before them. Then in any case
if it exceeded the height limit it would have to go to the council for approval
of an exception. Commissioner Jonathan asked if the 30% limitation just
applied in this zone, because it didn't in the Office Professional zone, which
was 24 feet. Mr. Drell said that the Office Professional zone was designed for
small sites right next to a street and height was measured from curb height
and it was 25 feet above curb height. In essence what had been proposed
was a precise plan with everything in every respect except for the building
architecture. It had the parking all set out and the pads. If the commission
wanted to see individual precise plans for each pad, then that was a condition
that could be added.
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Chairperson Beaty o ened the public hearing and asked the applicant to
address the commission.
MR. BOB McCLENDON, President of Landmark, said that he was back
with the same building. His entourage included David Turner, their civil
engineer; Paul Turner, their broker for the project; Ray Lopez, the
landscape architect; Dennis Severs, representing Hoop USA, the
basketball operator and general manager for the project and co-
developer; and John Nettles, his partner and logistics specialist. Mr.
McClendon explained that the building itself, except for the changes
that were already discussed, the biggest change for them was the entry
level where they would actually come in at an upper level to the
Gameworks Center. Logistically with the way the site was working out,
it was nestled up next to the overpass area and there was a high berm
area that they wanted to take advantage of and cut some of the project
height out. For the site itself, they had engaged a contract with
Hampton Suites on 2.7 acres as laid out. He said that other than that,
he was present to answer questions.
`• Commissioner Campbell asked about the piece of property located on the
corner.
Mr. McC(endon said it was his understanding that it would be a service
station. That was not part of his project.
Commissioner Campbell said it was a service station, convenience store and
car wash. Mr. Drell concurred that it was previously approved for those uses.
That project wasn't part of the applicant's, but there would have to be some
coordination since they would share the driveway access off of Gerald Ford.
Commissioner Jonathan asked if Hampton Suites planned to have a two or
three story structure there.
Mr. McClendon said they had talked about being three stories, but they
would handle that project on their own with their own architects. Mr.
McClendon said he was just focusing on the sports center right now
and were coordinating efforts with the College of the Desert. The
College was excited about the project and the location and they might
share uses which would enhance some of their programming issues for
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their development program.
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Commissioner Jonathan asked if there was a proposed tenant fo� the office
buildings.
Mr. McClendon said that right now what created those office pad sites
was the possibility that ihey might create a medical component, a
sports medicine oriented type of facility, and that was still in the
planning stages.
Commissioner Jonathan asked if Mr. McClendon anticipated that the office
structures would be two or three stories high.
Mr. McClendon thought they would be at least two stories and possibly
three depending upon the ultimate user.
Commissioner Finerty asked how set they were on the patina green color for
the roof.
Mr. McClendon said that it was originally beige and the Architectural
Commission said they wanted green.
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Commissioner Finerty asked if he would be happy to switch it to beige.
Mr. McClendon said yes.
Mr. Drell explained that they had produced an elevation with a beige roof and
ARC felt that it was kind of bland. He thought part of the reason that the city
council didn't like the green color was because the project was sitting out in
a sea of sand. Now that it was next to the freeway, the surrounding
environment was different. It would be in more of a developed environment.
ARC thought it would be "jazzier" with the green.
Commissioner Finerty said that part of her original concern had to do with the
prefabricated metal panels and that was where she was hoping to pick up
something a little "snazzier" because it did have a warehouse appearance.
Mr. McClendon said that economics was driving that right now. He
said they would like to do something different, but at this time with
economics they couldn't.
Commissioner Campbell said they would have landscaping surrounding the
building to camouflage it. �
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Mr. McCiendon agreed that the landscaping would to a certain degree,
but it was still a pretty good sized structure.
Mr. Winklepleck said that the Architectural Commission semi-addressed that
at the previous site and he was sure when it went back to them on March 28
they would have the same concerns and try to break up some of the length of
the building. They previously indicated that with the use of some palm trees
and other vertical elements it would help break up that length.
Chairperson Beaty asked if anyone wished to speak in FAVOR or OPPOSITION
to the project. There was no one and the public hearing was closed.
Chairperson Beaty asked for comments or action.
Commissioner Campbell stated that she was in favor of the project before and
thought it was a good location there and felt this location was even better.
She was in favor of the project and moved for approval.
Commissioner Finerty concurred with Commissioner Campbell that the new
location was a better one considering the height of the building and she was
` glad to see that the height was lower. She said she would prefer a tan colored
roof and still had concerns with the prefabricated metal panels. She was sorry
to see that economics factored into this because she felt that it could be a
much nicer building. With regard to the fast food, hotel and office use, she
was concerned about how the fast food was developed especially since it was
proposed to have a drive through. The proposed hotel and three story office
buildings were of concern to her, so she would want to see all three of them
come back before the Planning Commission.
Commissioner Campbell stated that she would include that in he� motion. She
would also like to have them come back.
Commissioner Lopez concurred. He also wanted to have the restaurant, hotel
and office buildings come before the commission for review.
Commissioner Jonathan stated that he concurred with the flavor of what was
being said. He thought this was a better location for this project. He also
thought it was a good project and would like to see it in the city, but as he
mentioned before, he felt the project was somewhat aesthetically challenged
and he still had that concern. In his opinion the Freeway Overlay Zone didn't
mean that they had to sacrifice quality and aesthetics. He was concerned
� about the size of the project, the fast food element and now the possibility and
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probably of a three-story hotel and for the first time in our city a three-story
office building. He thought they needed to be very careful not to allow any
part of ou� city, even the area adjacent to the freeway, to be less than what
it could be. He would like to see the project happen, but not at this particular
quality.
Chairperson Beaty said that his only comment was that he liked the green
patina and asked for a motion.
Commissioner Campbell stated that she made the motion that included a
condition that the individual pad precise plans would come back before the
Planning Commission.
Action:
It was moved by Commissioner Campbell, seconded by Commissioner Lopez,
approving the findings as presented by staff. Motion carried 3-2
(Commissioners Finerty and Jonathan voted no).
It was moved by Commissioner Campbell, seconded by Commissioner Lopez, �
adopting Planning Commission Resolution No. 1982, approving PP 00-3,
subject to conditions as amended. Motion carried 3-2 (Commissioners Finerty
and Jonathan voted no).
IX. MISCELLANEOUS
None.
X. COMMITTEE MEETING UPDATES
A. ART IN PUBLIC PLACES - (March 15, 2000)
Commissioner Campbeil said that Michael Watling and Steve Rieman the
two artists interviewed as potential artists for the Gisborne project.
They made their presentations for the Palm Desert Garden at Gisborne.
The committee se{ected Steve Rieman and that recommendation would
go to council.
B. CIVIC CENTER STEERING COMMITTEE - (No meeting)
C. DESERT WILLOW COMMITTEE - (No meeting) �
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D. LANDSCAPE COMMITTEE - (March 21 , 2000)
Commissioner Finerty said that the meeting was basically just
informational.
E. PROJECT AREA 4 COMMITTEE - (March 20, 2000)
Commissioner Finerty said it was also informational unless Mr. Drell had
something to add about the regional park. Mr. Drell said that the
regional park was the 117 acres on the north side of Country Club west
of the Country Club Business Park. They were still wrangling with the
School District as to whether or not they would want to be on the site.
Staff would probably recommend buying and including in the tract map
some land, assuming that the school would be there. If the school
didn't locate there, there would be a bigger park. The cost was more
than anticipated. The issue was going to the Parks and Recreation
Commission and that would pave the way to filing the tract map, which
would ultimately come before Planning Commission.
r.. F. PALM DESERT/RANCHO MIRAGE MONTEREY AVENUE CORRIDOR
PLANNING WORK GROUP - (No meeting)
G. ZONING ORDINANCE REVIEW COMMITTEE - (No meeting)
XI. COMMENTS
Commissioner Jonathan asked if they were ever going to see improvements
to the Palm Desert High School. He had heard rumors that it might actually
happen. He understood that the city might be kicking in toward some physical
improvements. Mr. Drell said that what they were mainly talking about was
access--creating an access to Cook Street north of the football field. In
essence, the city would do the work in our right-of-way and they would do the
work on their property. They were also negotiating with the property owners
on the south side of the high school to figure out how to get that open. He
said there was approximately S 100 million of potential new RDA bond money
and people in each project area submitted wish lists on how to spend it. Each
project area contained an unspecified amount for general improvements to
educational facilities in the form of about a S 1 million in this project area. He
said there was money being set aside for potential improvements.
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Chairperson Beaty asked about a wall along Fred Waring Drive, on the south
side between Portola and the high school. He said that the city paid for one
on Hovley in Project Area 4 and asked if there had been any discussions fo�
the Fred Waring Drive area. Mr. Drell said that this was a gargantuan project
to go to six lanes from Highway 111 to Washington ultimately, but that
section was the most costly because they had to buy all those houses and
they were in the process of doing that. Chairperson Beaty said that he was
talking about the south side and just starting with a wall. Commissioner
Finerty explained that they didn't want to spend the money for the wall at this
time if they were going to look at widening Fred Waring all the way to six
lanes because they would have to buy a lot of the houses. Mr. Drell said that
they would buy the houses on the north side and all the widening would occur
on the north side. It was easier to buy whole lots than to buy up houses on
one side and parts of houses and lots on the other side, especially since some
had swimming pools. The goal was to buy up the houses on the north side
and there would be a substantial amount of reai estate left over which couid
be used as a lineal park. There would be room for bike lanes and there would
be room for a parkway on the south side and sidewalk and bike lanes on the
r►orth. He said there would be a !ot of room. There was an EIR being
produced. When the city contemplated going in and potentially doing eminent
domain, there were a lot of steps involved in buying property.
XII. ADJOURNMENT
It was moved by Cornmissioner Campbell, seconded by Commissioner Finerty,
adjourning the meeting by minute motion. Motion carried 5-0. The meeting
was adjourned at 7:44 p.m.
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PHILIP DRELL, Secretary
ATTEST:
' //�'t � '
PAUL R. BEATY, Chairpe on ,
Palm Desert Planning Commission
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