HomeMy WebLinkAboutRegency Homes - Lowe's PrjctCITY OF PALM DESERT
OFFICE OF THE CITY MANAGER
STAFF REPORT
REQUEST: Consideration Of Request From Regency Homes To Assist With Cost
Of Landscaping Required To Mitigate Visual And Lighting Impact
Created By Lowe's Project
DATE: April 26, 2007
CONTENTS: Letter from James Shrope dated December 1, 2006
Letter from Peter Solomon, Regency Homes, dated January 2, 2007
SUBMITTED BY: Carlos L. Ortega, City Manager
Recommendation: By Minute Motion, (1) Reimburse Regency Homes the amount
expended for landscaping to mitigate the visual and lighting impact created by the Lowe's
development in the amount of $22,433.00 from Account 110-4614-453-3370, and (2)
appropriate $22,433.00 to Account Number 110-4614-453-3370;
Background:
In 2006, Council Members Benson and Ferguson, the City's Landscape Manager, and I met
with Mr. Peter Solomon, developer of Regency Homes, who indicated that Lowe's had not
installed the landscaping along Monterey Avenue as per the plans, and as a result they
would have to spend additional funds to screen their project from the visual and lighting
impact created by Lowe's.
Mr. James Shrope, Regency Homes Landscape Architect, followed up the meeting with a
memorandum to Spencer Knight indicating the difference between the new landscape plan
for Regency Homes and the enhanced landscaping that needed to be installed to mitigate
the impact. Mr. Solomon followed this memorandum with the attached letter dated January
2, 2007.
I have reviewed Mr. Solomon's request and agree that the initial landscape plan that Lowe's
submitted to the Planning Commission was not what was constructed. The reason given by
1
Lowe's, and concurred to by our Landscape Manager, is that Southern California Edison
would not permit the size of trees to be installed under their power lines and, therefore,
smaller landscape was installed.
As a result of Mr. Solomon's request, we have asked whether Lowe's would pay for the
additional costs that Regency Homes had to expend in order to mitigate the lighting and
visual impacts of the Lowe's project. The information I have received is that Lowe's has
declined.
My evaluation of this request is that Regency Homes had relied on a different landscape
plan than the one installed when they designed their own landscape plan to the west. As a
result, Regency Homes had to install larger and more mature trees to mitigate the impact
from Lowe's.
Submitted By:
CARLOS L. ORTEGA
City Manager
Approval:
PAUL GIBSON
Finance Director
CITY COUNCIL ACTION:
APPROVED �% DENIED
12ECEIVED OTHER
MBETING DATE - a(o-0 7
AYES : t\encan� f e r uan� Finer-iy i eje 6 164 I
NOES : c ne.
ABSENT:
ABSTAIN: None_
VERIFIED BY: ki,Qq rq
Original on File with/City Clerk's Office
G'IC,tyMgrlKeren RussolAgenda Reports 20071Regency Homes. wpd
2
December 1, 2006
Spencer ICnight, Landscape Manager
City of Pal►n Desert
73-�10 Fred Waring Drive
Palm Desert, CA 92260
Re: Regency Homes Monterey Avenue Parkway Costs
Dear Spencer:
As you may recall, in Peter Solomon's discussions with both Jean Benson and Jim
Ferguson at the time of the conflict over the Lowe's signage on their building, and how it affects
our Versailles community, they indicated that the City of Palm Desert and/or Lowe's would be
willing to defray some of the costs to Regency Homes for the additional and greater landscape
coverage outside of our Versailles community perimeter wall. I have enclosed our invoice for
the additional cost to us for the modification to our site plan trees along Monterey Avenue. As
you can see we planted 48"-boxes instead of the 24"-boxes, which required a different kind of
staking than that originally required.
If you have any questions or comments regarding the above, please feel free to contact
me. I understand that both councilpersons have spoken to you about this matter.
Sincerely,
/ s
James W. hrope
Landscape Architect
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enclosure
DEVELOPERS OF DISTINCTION N '�
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Cuuncilmember Jean M. Benson �
C��u�cilmember Jim Fer�,us��n
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Palm llesert, CA 92260-2578
Re: Regency Homes' Monterey Avenue Parkway Additional Cost
Dear Councilmembers Benson and Ferguson:
As you will recall, several months ago you were kind enough to meet with me at City
Hall to discuss a problem brouglit to my attention by many homeowners at otir Versailles
c�mmunity which is located directly across Montcrey Avenue from Lowe's Home
lmpr�vement Center. At that meeting, I showed you the Lowe's Monterey Avenue
park�ay and parkin� lot landscape plan presented tc� us by your Planning Department
stafl�. "Che plan which I was given depicted mature broad-leaf trees which would create a
visual buffer for the large, glaring lighted "Lowe's" building sign. However, upon
c�nstructi�n, the landscape which was planted did not even remotely resemble the
renderi�lg.
At the conclusion of our meeting, which Carlos Ortega also attended, it was my clear
understanding that the City would either assist us directly, or work with Lowe's to assist
U�. i,� �iciiayi�i� iI1C 111CfClIlClll'dI 1ti11UJC;Q�.�C CX�)Cl1SC W�� w.,ulcl be iucurrici� wl,cn �;���ti���
our Monterey �lvenue parkway with larger and more mature trees than originally
designed in order to buffer the Lowe's sign. Additionally, at the conclusion of our
meeting, Spencer Knight, the city landscape manager, was brought in and directed to
��ork with Jim Shrope, our landscape manager, in order to help mitigate some of the
visual impact. Both representatives did. in fact, work tog�ther and, at the conclusion of
their collaboration, Spencer was Diven an invoice which showed the additional cost
►iec;,ssitatea for the lar��r trees planted along �ur Monterey Avenue packway.
!u ��rd�r t� assist you. I have enclosed a copy of our invoic� (1�nclosure 1); the rnemo
ti�om Carlos Orte�a t�� Spenccr Kni<__*ht (F..nclosure 2): and. the replv to oiu• payment
rcaues� Ci�om Spencer Kni�ht to .lim Shrope (Enclosure 3). lt would be very I11UCI1
2 Chateau Court�Rancho Mirage,CA 92270�760/770-7373�Fax 760/770-6633
C'�uncilmember.lean M. Renson
Councilmemhcr,Il111 ��cr�usc�n
.(amiary ?. 2007 �
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app►•eciated if you would review this letter and the enclosures, as 1 am reasonably certain
of the understanding we had as a result of�our• initial meeting.
Thank you for your attention to this request and 1 look forward to hearing from you.
Respectfully,
�- /.
�j�"
/ Peter So �n
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Enclosure (1): I.etter/Invoice from Regency Homes to Spencer Knight dated
December l, 2006
Lnc(osure (2): Memo from Carlos Ortega to Spencer Knight dated December 20, 2006
Enclosure (3): H. Spencer Knight letter to Jim Shrope dated December 21, 2006
�Nvc»c:i�
;
26 -- 48"-hox trees u� $840.00 each $?l,840.0� �
52 -- 3"-wide stakes instead of?"-wide stakes
n $2.85 eacl� stake $148.00
Crane -- 2 days (161irs) for 48"-box trees
@$200 per hour $3,200.00
$25,188.04
CREDIT
29 -- 24"-box trees originally bought
@ 95.00 each <$2,755.00>
Total additional costs: $22,433.00