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Meeting Date: August 12, 2003

Subject/Title: Public Hearing for the appeal of the Planning Commission’s decision in regard to the elimination or modification of a Condition of Approval regarding affordability for the Design Review of a 178 unit apartment complex.

Submitted by: Community Development (Oshinsky/Hill)

Approved by: John Stevenson, City Manager

Staff is recommending removal based on the applicant’s request to withdraw its appeal.

On March 10, the Planning Commission held a special meeting to discuss this item and subsequently approved this project which included a rezone from a mix of R-2 and R-3 to PD-63 and a Design Review for the apartment project. Subsequently the City Council approved the rezone of this site on April 8, 2003. On June 3, 2003, the Planning Commission heard a request for modification of the approved Design Review to modify or eliminate Condition No. 53 which required the applicant to maintain a 20% affordability on the project. This request was denied by the Commission.

The City Council Housing Subcommittee met on July 31 regarding this item and agreed to the following change regarding the applicant’s affordability condition for this project. If unable to obtain their bond financing, the applicant will comply with the City’s draft affordable housing ordinance which will require them to build 5% of their 178 units affordable to low income levels and 5% affordable to very low units.

A modification to their conditions of approval effecting this change will be heard by the Planning Commission at its meeting on August 19, 2003.

As a result of this action the appellant has withdrawn their appeal as indicated in the attached letter.

Letter from the applicant withdrawing its appeal.

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