HomeMy WebLinkAboutSR - CZ/PP 08-191 & TPM 36000 - Urban Housing Communities, LLC CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: Approval of a request by Urban Housing LLC for a Change of Zone,
a Tentative Parcel Map, and a Precise Plan of Design to allow the
construction of 144 affordable housing units with amenities;
approval to exceed the 24' height limit and construct 21% of the
total proposed two-story, multi-family residential buildings up to a
maximum height of 29'5"; and approval of a Draft Housing
Agreement between the City of Palm Desert and Urban Housing
Communities, LLC. The proposed project is located on the south
side of 35th Avenue between Gateway Drive and Cortesia Way,
also known as APN 694-130-005.
SUBMITTED BY: Renee Schrader, Associate Planner
APPLICANT/ John Bigley, Mark Irving
PROPERTY OWNER: Urban Housing Communities, LLC
2000 E. Fourth Street, Suite 205
Santa Ana, CA 92705
CASE NO.: CZ/PP 08-191 and TPM 36000
DATE: April 9, 2009
CONTENTS: Draft Ordinance No. 118i and Change of Zone Exhibits
Draft Resolution No. 09-2?
Fiscal Impact Analysis and letter from applicant
Draft Affordable Housing Agreement
December 16, 2008 Planning Commission Minutes, Resolution 2495
and Staff Report
October 14, 2008 Architectural Review Committee Minutes
Mitigated Negative Declaration and Mitigated Monitoring and
Reporting Plan
Plans, Elevations, and Tentative Parcel Map
Recommendation:
That the City Council waive further reading and
1) Pass to second reading Ordinance No. ilsi ;
2) Adopt Resolution No.09-22 approving CZ/PP 08-191 and TPM
36000, subject to conditions attached, and
Staff Report
Case NO(s) CZ/PP 08-191 and TPM 36000
April 9, 2009
Page 2 of 14
By minute motion,
3) Approve the Draft Housing Agreement between Urban Housing
Communities, LLC and the City of Palm Desert substantially as
to form, and
4) Authorize the City Manager to finalize, and the Mayor to execute,
the draft Housing Agreement.
Executive Summary:
Approval of the Change of Zone (CZ) will allow the applicant to change the existing
zone, which is currently a Planned Community Development (PCD) Overlay zone, to
a Planned Residential zone. The purpose of the PCD Overlay zone is to allow large
areas of the city, of 100- acres or more, the versatility to develop a mix of residential
product types. The project proposes to change the PCD zone to more capably
address density requirements that would apply. The applicant is requesting a change
to a "Planned Residential/14 dwelling units per acre" (PR-14) zone, which is in
accord with the Medium Density/High Density Overlay (R-M/R-HO) General Plan
Land Use designation for this property. An analysis providing findings in accordance
with the General Plan for the requested Change of Zone are included in the staff
report. Such findings include the provision of affordable units in the development of
not less than 20% of the units built.
The approval of a Change of Zone would also allow the developer to request
approval for a Tentative Parcel Map (TPM) and a Precise Plan (PP) to subdivide an
11.82-acre site into two lots. The Precise Plan for Lot 2 would consist of a housing
development of 144 affordable two and three bedroom units, with associated drives,
parking, landscape, water infiltration and recreation areas. The subdivided project
includes the future development of a 4,000 square foot childcare facility proposed for
Lot 1, the design approval of which is not a part of this request. The applicant will be
required to enter into a Housing Agreement with the City of Palm Desert to ensure
that 20% of the development will be constructed as affordable and be made
available to households of very low and low incomes.
In accordance with Palm Desert Municipal Code Section 25.24.310, Exceptions, the
developer is also requesting an exception so that the two-story building may be
allowed to exceed the 24' multi-family residential building height. The additional
height results from direction from the Architectural Review Commission to mitigate
the horizontal effect of the two-story buildings. The approval of a height exception
would allow the developer to construct 21% of the 8-plex building roofline at a
maximum height of 26'7". It would also allow 21% of the roofline of the 16-plex
buildings to be constructed at a maximum height of 29'5".
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Case NO(s) CZ/PP 08-191 and TPM 36000
April 9, 2009
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Discussion:
I. BACKGROUND:
A. Property Description:
The 11.82 acre property is currently vacant. It is located in a portion of the
city's burgeoning northwest section that has steadily developed into
commercial, industrial, and university service uses. The Falling Waters
residential development is directly to the north of the subject property. To the
south is a vacant property owned by the Palm Springs Unified School District.
The 11.82 acre property slopes towards the northeast. The property is
generally surrounded by other residential uses, with a commercial segment to
the west along Monterey Avenue.
B. Zoning and General Plan Designation:
Zone: PCD Planned Community Development
General Plan: M/R-HO Medium Density/High Density Overlay (4-22 du/ac)
C. Adjacent Zoning and Land Use:
North: PR-13 Planned Residential (13 du/ac)
Falling Waters Condominiums
South: PCD Planned Community Development/Vacant
East: PCD Planned Community Development/Vacant
West: PCD Planned Community Development/Vacant
II. PROJECT DESCRIPTION:
Proposed development includes a complete master plan for 144 housing units
residing in ten buildings proposed to be constructed on Lot 2. The configuration of
the residential development includes two 8-plex and eight 16-plex buildings. Every
residential building is designed as a two-story apartment structure. There would be
92 two-bedroom/two-bath units and 52 three-bedroom/two-bath units. The largest
single building is proposed to be 9,872 square feet and portions of it are proposed to
be 29'5" in height. (Additional description of height exception is included in the
"Analysis" section of this report.)
The development proposes parking, landscape, water infiltration, and recreation
areas. The water infiltration area would be sod-covered to provide additional play
area during the dry season. Two recreation areas are proposed for Lot 2. The main
recreation area is located at the center of the project site and consists of a pool and
a single-story recreation building. The second recreation area is a tot-lot located in
front of Building 10. The development of Lot 1, the future site of a childcare facility, is
not a part of this review.
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A. Site Plan:
The proposed rectangular buildings are arranged along the perimeter of the
site, with vehicular circulation and parking traversing the interior. The proposed
residential development on Lot 2 would be gated. A centralized two-lane entry,
decorated with a landscaped median, is the primary access opening onto 35th
Avenue. A primary monument sign would be located in the landscaped area of
the main entry median. A secondary emergency entrance is accessed on the
west side of the site from Gateway Drive. The secondary emergency access
would serve as egress-only for The Crossings' residents.
Perimeter and interior plant materials are proposed. From the property line
there are 10 and 15-foot setbacks in the front and on the street sides. An
additional 18-foot right of way extends from the properry line to the face of the
curb, where both a meandering sidewalk and landscape are proposed.
Therefore, the structures would be set back from streets anywhere from 28 to
33-feet.
An infiltration basin is projected for the northeast corner of the site. A pedestrian
access to the childcare facility for the residents of The Crossings is
conceptually proposed. In addition, the project has been conditioned to include
an entry gate between the residential project and the abutting Palm Springs
Unified School district property to the south. The gate would provide a safe,
handicap accessible path of travel for children attending the future K-8 school.
B. Building Description:
The proposed two 8-plex and eight 16-plex residential buildings would be two-
story and would house floor plans in the following sizes: 951, 1,029 and 1,135
square feet. Each building displays a variety of roof pitches. Each unit would
have a covered outdoor patio or balcony. The recreation building emulates the
style and materials of the residential buildings.
C. Architecture:
The proposed architectural style endeavors for something different than the
Spanish Revival, Contemporary, and Mid-century Revival styles abundantly
duplicated throughout the desert. The proposed architecture is in a Plantation
Revival style. The style is characterized by horizontality and rectilinear
modulations.
The color palette includes tan and brown tones as illustrated in the distributed
packet materials. The buildings would display simulated decorative stone
(ProStone Ledgestone "Glacier Valley") at the bases where balconies and
windows are located. A simulated slate shingle material called "Eagle
Roofing": Bel Air in 4626 Rancho Cordova blend would cover the different
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pitches of the roof. The building surfaces would be painted exterior plaster.
TREX is proposed for railing and the windows would be surrounded in vinyl.
III. ANALYSIS:
The Crossings conforms to all zoning regulations, with the exception of the height
request discussed later in the staff report. The following information analyzes the
project's expected impact on the site.
A. Parking:
Covered parking is provided on site for the residential units. The spaces are
supplied along the internal vehicular roadways, which route automobiles in a
circular pattern within the property. The developers have provided 13 more
parking spaces than are required by the zoning ordinance.
REQUIRED
90--2 BEDROOM UNITS C 2.00/unit 180 s aces
54--3 BEDROOM UNITS @ 2.00/unit 108 s aces
TOTAL 288 s aces
PROPOSED
COVERED 144 s aces
STANDARD BAY 149 s aces
DISABLED 8 s aces
TOTAL 301 s aces
B. Height:
The project proposes to build 10 two-story residential buildings and 1 single-
story recreation building. The residential buildings are each designed with
multiple-pitched roofs to soften the long horizontality that accommodates the
proposed density. The roofs are also designed to cover patios on both floors.
The Architectural Review Commission requested that the applicant modulate
the rooflines as much as possible to break the mass of the building's "long-
box" feeling.
In a PR zone the heights are limited to either the approved values as
appraised by the Planning Commission's recommendation to the City Council
or by the limits as set forth in the zoning ordinance for the appropriate
building type (i.e. Multi-family residential R-2 or R-3). The multi-family
residential height limit is 24'. The added height is a method to visually lessen
the bulk of the 8 and 16-plex buildings.
Considering the numerous roof pitches, viewed from the longest elevation of
the two 8-plex buildings, a total of five differing heights can be observed. The
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roofline of the proposed two 8-plex building begins at 21'9" and rises
incrementally to the following heights: 23'1", 24'2", 25'11" and 26'7".
The eight 16-plex buildings are also proposed to have numerous pitches with
heights growing incrementally from 24' to 24'2", 25'2", 25'11" and 29'5".
In accordance with Section 25.24.310 Exceptions, the City Council can
approve exceptions as part of the development plan. The Architectural
Review Commission found that the decorative aspects and modulations of
roof pitches enhance the overall appearance of the buildings.
C. General Plan High Density Overlay Requirements:
The proposed density is 14 units per acre. The density is in conformity with
the General Plan designation, which allows for medium to high density in the
district (10-22 dwelling units per acre). It also provides a much needed
product type for the community. However, the General Plan Land Use
Element Program 9.A, (copy attached), requires that projects involving a
change of zone in excess of ten units per acre be evaluated and found
consistent with eight performance criteria (1-8) below.
1. The percentaqe of residential units, whether sinqle or multi-family, that
shall be available for home ownershiq.
Twenty percent (20%) of The Crossings project will be affordable
rental units, a rental project is appropriate for the following reasons:
a. Numerous projects within proximity to the proposed project
have been approved for purchase. For example, to the north of
the project site is a 247-unit condominium project known as
"Falling Waters", which is an attached product featuring units
for sale. To the south is the Dolce development, which was
approved to subdivide 238.05 acres into 159 single family lots.
On the northwest corner of Portola Avenue and Gerald Ford is
the Ponderosa Homes development; approved to subdivide
87.45 acres into 237 single-family lots.
b. In the University Park area 80% - 90% of the residential units
will be "for purchase".
c. A mix of housing types is desirable.
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2. High density residential neiahborhoods shall be located in proximity
and have convenient access to public transportation.
Currently, the Sunline Bus Service has two routes that would
accommodate this area: Route 50 and Route 32. The bus stops to
board these routes are distances greater than �/2 mile but not more
than two miles from the proposed housing community. Although
Sunline Transit's long range service plan has not been completed for
this area, preliminary discussions indicate that service along Monterey
Avenue or Gerald Ford Drive may be a possible expansion of their
routes.
3. High density residential develoament shall be located in qroximitv to
schools, parks and commercial services. which shall be accessible by
means of non-motorized vehicles routes.
This is a superior location for multi-family rental housing with moderate
density for the following reasons:
a. Schools: The property abuts the future location of a Palm
Springs Unified School District K-8 elementary school. A safe
path will be provided for student access.
b. Parks: The property will also abut a park that would be a shared
space with the school access in the safe manner as referenced
above. In addition, the City has planned other parks in the
nearby area.
c. Community Services: The project would be near commercial
services along Monterey and other retail, hotel and
convenience services along Gerald Ford near the University
Park Area. These listed uses will provide convenient shopping
and employment opportunities.
4. The percentaae of proposed high density units to be reserved to meet
the affordable housinp needs of the community.
a. The Crossings project, if approved, will require that a minimum
of twenty percent (20%) of the total units built will be affordable
to households of very low and low income.
b. The project would target 25% - 60% of the area median
income.
c. Net rents would range from $363 to $932 a month.
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5. Adequacy and usabilitv of landscaped open space planned internal
and inteqral to the desiqn of hiqh density developments.
a. The project proposes a 2,887 square foot on-site recreation
center, which includes a 30' x 60' pool for the residents. On The
Crossings property two tot-lots would be available. The water
infiltration area, which is designed to collect stormwater runoff,
would be dry for most of the year and is proposed to be
covered with lawn as a play area.
b. As per the requirements of the zoning ordinance for a Planned
Residential (PR) zone, at least 40% of the area must be
useable open space at a grade up to or less than 13%. City
staff has calculated that exactly 40% of the site is open space.
(See attached Ordinance Exhibit B: "Area Comparison Plan".)
6. Development plans reflecting an innovative design in site planning,
building design and landscape treatment consistent with the General
Plan Community Design Element.
a. Architecture for the project has been given preliminary approval
by the Architecture Review Commission. A copy of the October
16, 2008 minutes and action letter are attached.
b. Landscape treatment will be to the satisfaction of the City's
Landscape Specialist and shall meet the aesthetic standards
that have been maintained throughout the University Park
district.
c. The project will reflect innovation by maximizing its adjacency
and access to a daycare facility, elementary school site and
park.
7. Analysis of potential fiscal impacts of the development.
a. This project is requesting a density overlay and in exchange,
the applicant will provide at least 20% of the developed units to
households of very low and low incomes.
b. A fiscal analysis is provided and attached to the staff report. A
Draft Housing Agreement is also attached, requiring the
minimum 20% affordable units be dispersed evenly throughout
the project.
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April 9, 2009
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8. Project energy conservation measures.
a. The units are proposed to be designed in conformance with the
City's Title 24 energy standards, which are considered stricter
than the state of California's energy requirements.
D. Landscape Design:
The Crossings current landscape design acts both to serve the project
functionally and aesthetically. It has been reviewed by the City's Landscape
Specialist to satisfy the preliminary approvals required to be presented before
the Planning Commission. The type of plant material and the specified size
and location would be compatible with the housing type and its architecture.
E. Findings of Approval for a Change of Zone:
In accordance with the Palm Desert Municipal Code 25.24, an applicant may
request a change of zone to a PR zone by filing a petition along with a precise
plan and supporting documentation, in accordance with Section 25.24.060 of
the Municipal Code. If, after a public hearing, the Planning Commission
approves the petition, the change of zone and precise plan are subject to
approval by the City Council.
In accordance with 25.84.080, Action by the City Council:
The City Council shall hold at least one public hearing on an application.
Following the close of the public hearing, the City Council shall make a
specific finding as to whether the change is consistent with the objectives of
the title. If the City Council finds that the proposal is consistent, it shall
introduce an ordinance amending the zoning map. If the council finds that the
change is not consistent, it shall deny the application pursuant to a resolution
of denial.
The City Council shall make a specific finding regarding consistency with the
objectives of the zoning ordinance.
Findinqs:
1. A change of zone from the currently prescribed Planned
Community Development (PCD) zone to the requested Planned
Residential zone of 14 dwelling per acre (PR-14) is consistent
with the objectives of the Zoning Ordinance with respect to its
proposed density, height, architecture, parking, and
recreational open space requirements, as specified in the
analysis portion of the staff report. (Also see Ordinance Exhibit
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A "Change of Zone" for an example of the proposed zone in
map form.)
2. While the development proposes a medium to high density to
be constructed on the property, it conforms to the restriction of
the PR zone of providing at least 40% of useable recreational
open space. An exhibit illustrating the calculations for the
proposed hardscape, building footprints and parking versus the
remaining areas that are at 13% grade or less is attached to
this report as an exhibit. (See Ordinance Exhibit B "Area
Comparison Plan".)
F. Findings for a Tentative Parcel Map:
The proposed Tentative Parcel Map was reviewed and approved by the
Planning Commission at its December 16, 2008 meeting. No appeals were
filed regarding the subdivision. In order to inform the City Council of the all
aspects of the project review, the following Planning Commission findings are
included as those that must be met before an approval can be granted:
1. That the density of the proposed subdivision is not consistent
with applicable general and specific plans;
2. That the design or improvement of the proposed subdivision is
not consistent with applicable general and specific plans;
3. That the site is not physica/ly suitab/e for the type of
development;
4. That the site is not physically suitable for the proposed density
of development;
5. That the design of the subdivision or the proposed
improvements is likely to cause substantial environmental
damage or substantia/ly and unavoidab/y injure fish or wildlife
or their habitat;
6. That the design of the subdivision or the type of improvements
is likely to cause serious public health problems;
7. That the design of the subdivision or the type of improvements
will conflict with recorded public easements, for access through,
or use of, property within the proposed subdivision. However,
the map can be approved if a/ternate, equiva/ent easements
are provided.
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April 9, 2009
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In response to the above findings the Planning Commission granted the
Tentative Parcel Map request in consideration of the following:
1. The subdivision will be consistent with the applicable general
plan, as it meets the findings for land use designation Policy 9,
for the University Park planning area and the findings for the
"High Density Overlay Zone". Also it provides a housing product
type in an area of the city where it can meet the needs for the
workforce responding to the commercial, industrial and
university uses in proximity.
2. The design and improvements are consistentwith the General
Plan. The design accommodates an affordable density while
remaining in harmony with the types of businesses and
community plans approved for the area.
3. The site is physically suitab/e for this type of development.
The site is a gently sloping area which is suitable for the
stepped aspect of the buildings.
4. The site is physically suitab/e for this type of proposed
density. The site is capable of carrying this type of compact
housing product as it abuts the commercial Monterey Avenue
corridor and is planned adjacent to a K-8 school.
5. The design of the subdivision or the proposed improvements is
not likely to cause substantial environmental damage or
substantially and unavoidably injure fish or wildlife or their
habitat. A Mitigated Negative Declaration is attached to the
request which concludes that there are no significant impacts to
the environment.
6. The design of the subdivision or the type of improvements is
not likely to cause serious public health problems. A Mitigated
Negative Declaration is attached to the request which
concluded that there would be no significant public health
problems associated with the approval of the project.
7. The design of the subdivision or the type of improvements will
not conflict with recorded public easements, for access
through, or use of, property within the subdivision. The followinq�
recorded access-ways apply: 18-foot city right-of-way on 35t
avenue, 18-foot right of way on Gateway Drive, and 12-foot
right of way on Cortesia Street. There are existing water mains
and sewer lines down the center of Gateway and 35th Avenue.
The project has been analyzed by the City's Public Works
Department, the Coachella Valley Water District, and the
County's Fire and Police Departments.
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G. Findings for a Precise Plan
1. In accordance with Municipal Code Section 25.73 Precise Plan, the
City Council may find that if the proposed precise plan would
substantially depreciate property values in the vicinity; or would
endanger the public peace, health, safety or general welfare, such
plan shall be rejected or shall be so modified or conditioned before
adoption as to remove said objections.
The proposed plan, as designed and as conditioned, would
upgrade rather than depreciate the appearance of the current
vacant lot and would create desired housing for the work force.
The proposed architectural style would be refreshing and add
visual variety to the streetscape. New plant materials in the
landscape would formalize the site and create compatibility with
the adjacent surroundings.
2. The City Council may also consider the exterior architectural design,
general exterior appearances, landscape, color, texture of surface
materials and exterior construction, shape and bulk, and other physical
characteristics including location and type of public utility facilities. If
the City Council were to find that the proposed precise plan of design,
including the considerations enumerated in the Code would interfere
with the orderly development in the vicinity of the precise plan area, it
could reject or modify the precise plan or condition its approval as to
remove the objections.
The proposed architectural style exhibits a variety of modulated
spaces. Maximum attention is given to the detailing of the
architectural language so as to provide a lasting positive
contribution to the built environment. Where there are roof
pitches up to 29'5" feet in height, the maximum roofline height
occupies only 21% of the entire appearance. The added height
relieves the "long-box" horizontality of the buildings. The
proposed materials and forms will render a unique and
aesthetic appearance to the surrounding streetscape.
The proposed trim, fascia and wall surface colors are muted so
as to not detract from the desert environment. The proposed
combination of landscape and architecture, rather than
interfere, would add versatility to the development of the
vicinity.
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IV. FISCAL IMPACT ANALYSIS:
The estimated overall project cost is $52 million. At this time, the developer is not
requesting financing from the City or Redevelopment Agency. Financing for the
construction of the project does not currently propose to utilize monies from any of
the City's reserves, General Fund or other City sources. The appropriate
development impact, mitigation and bond fees will be paid by the applicant.
The City Council is considering updating the Housing Element and the policies
contained therein regarding financial participation in proposed affordable housing
projects. Understanding this, the applicant has withdrawn their funding request and is
actively searching for other sources of funding (see attached letter from Urban
Housing Communities, LLC). If the Housing Element update prioritizes collaboration
with private developers for production of new multi-family housing stock, the
applicant may return at a future date with an additional funding request. The intention
is to progress with entitlements, enabling the project to be "shovel ready" in order to
pursue economic stimulus funding. A fiscal impact summary worksheet is attached
to the report.
V. ENVIRONMENTAL REVIEW:
A Mitigated Negative Declaration has been prepared for The Crossings housing
community. Due to its location in an urbanized infill setting, it has been determined
that Mandatory Findings of Significance are less than significant with the exception
of incorporating the following mitigation measures:
• The collection of the mitigation fees established by the Multiple Species
Habitat Conservation Plan to provide conservation for biological resources for
which mitigation fees will be applied. (See Initial Study IV. A.)
• The requirement of a Native American Archeological monitor to be present
during the excavation phase of the project. (See Initial Study V. a-d.)
• The City of Palm Desert grading and building permits procedures require
detailed geotechnical reports addressing grading specifications and the
settlement and expansive characteristics of on site soils. All structures must
be designed to the 2007 California Building Code requirements to insure that
buildings are constructed within the acceptable level of risk set forth herein
for the type of building and occupancies being developed. (See Initial Study
VI a (i-iv).)
• Strict adherence to construction hours and days will be required. Additional
measures to mitigate traffic and operational noise will be required. Noise
levels will be mitigated so that the General Plan Noise Element limits are not
exceeded. (See Initial Study XI. a-d.)
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A Mitigation Monitoring and Reporting Plan (MMRP) has been drafted. Both
environmental documents are attached for City Council review.
VI. PUBLIC NOTICE
A legal notice publicizing the April 9, 2009 City Council hearing appeared in The
Desert Sun and was mailed to properties within a 300 foot radius on March 20, 2009.
At the time of the publishing of the City Council staff report, no comments, either
negative or positive, have been received.
VII. CONCLUSION:
The Crossings conforms to all zoning regulations, with the exception of the proposed
height of the buildings. The density impact would be minimal as it is consistent with
the City's General Plan expectations for the district.
A childcare facility is proposed for the future, which is anticipated to be welcomed by
the entire area. The Palm Springs Unified School District, which is the southerly
abutting property, is working with Urban Housing Communities, LLC, to integrate
grading and fencing plans providing a safe way of travel for the children who would
reside at The Crossings and attend the future K-8 school. Overall, the project has
been chosen to effectively co-locate its affordability with the surrounding commercial,
industrial and university uses. Approval of the land entitlements at this time will allow
the developer to apply for economic stimulus funding that requires "shovel ready"
project status.
Submitted by: Department Head:
.
Renee Schrader Lauri Aylaian
Associate Planner Director of Community Development
Approval:� �,�'`� CTTY COiTNCILACTtON
,�� APPROVED n�r,}�'�fl �
� ' ��`� RECEIVED OTHER
Homer Croy MEETI G�A
ACM for D ent Services AYES: �� �'
OES: �
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BSENT:
John W,:b I th ABSTAIN: -�
City M�n ger VERIFIED BY: �
Original on File with City� erk's Office
* By Minute Motion, direc staff to prepare a
Resolution of Denial. 4-1 (Spiegel NO)
G:\Planning\Renee Schrader�Case Files\PP TPM OB-191 THE CROSSINGSWpril 9 city Council\City Council packet\STAFF REPORT Crossings City Council.doc