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CITY COUNCIL AGENDA ITEM NO. 14

Meeting Date: June 16, 2003

Subject/Title: Set July 22, 2003, as the date for the public hearing for the appeal of the Planning Commission’s decision related to a condition of approval for the Arbor Ridge Apartment project. (M. Oshinsky/D. Hill)

Submitted by: Community Development (Oshinsky/Hill)

Approved by: John Stevenson, City Manager

RECOMMENDATION
Set July 22, 2003, as the public hearing date to consider the appeal by A.H.D.C., Inc., of the Arbor Ridge Apartment project, Design Review 02-11, Condition of Approval No. 53.

COMMENTS
On March 10, 2003, the Planning Commission held a public meeting and approved Design Review 02-11 for the 178-unit Arbor Ridge Apartment project generally located south of Lone Tree Way and east of Shady Willow Lane. The Commission voted 4 - 0 to approve this Design Review application which included a condition requiring the applicant to provide 20% of the units at levels affordable to very low income, which was how the project was presented to the Planning Commission. The applicant subsequently requested modification or elimination of this condition. On June 3, 2003, the Planning Commission considered the request for modification or elimination of this condition and unanimously voted to leave the condition as originally stated requiring the applicant to provide 36 units (20%) affordable to very low income levels. This action is now being appealed by the applicant.

By the attached letter dated June 12, 2003, as required by the Zoning Code Section 17.880.003 D, the appellants have submitted a written statement as to where they believe there was an error or abuse of discretion made by the Planning Commission in the consideration and action on the matter being appealed. Per Zoning Code Sections 17.880.002 and 003 B and E (Appeal Procedure and Set Hearing) the applicant’s appeal letter is being forwarded to the City Council. It is recommended that the City Council set July 22, 2003, as the date for the public hearing on the appeal request.

Attachments:

Letter from William Spann of AHDC dated June 12, 2003

City Administration
City of Brentwood City Council
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