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387 WHEREAS, the City's Planning Commission, acting in its capacity as the City's ERB, has developed a set of Design Guidelines and, at its meeting on July 12, 2005, the ERB voted to recommend those Design Guidelines (dated as of to City Council for approval, subject to the inclusion of additional language clarifying the relationship between the Design Guidelines and the provisions of applicable City ordinances; and WHEREAS, this City Council finds and determines that: (1)The proposed Design Guidelines are consistent with the purposes and standards set forth within Article I! (Overlay Districts), Division 3 (Entrance Corridor Overlay Districts) of the City's Zoning Ordinance; and (2)The Design Guidelines have been developed in consultation with the City's Director of Neighborhood Development Services, with input from business and property owners in the various entrance corridor overlay districts, as required by Section 34-308(b) of the City Code; NOW, THEREFORE, BE IT RESOLVED that the Design Guidelines are hereby approved, with the inclusion of the following language as recommended by the ERB on July 12, 2005: "In the event ora conflict between any provision of these guidefines and a mandatory requirement of an appficable City ordinance, including, without fimitation, the City's zoning ordinance and any ordinance implementing state Fire or Building Code regulations, the mandatory requirement of the City ordinance ,'hall estabfish what ,'hall be required of the appficant. Except as may otherwise be expressly provided within City Code Chapter 34, Division 3 (Entrance Corridor Overlay District,) the ERB, in its appfication of these guidefines, ,'hall have no authority to waive the mandatory requirement; of any City ordinance." RESOLUTION: AUTHORIZING $75,000 FOR HABITAT FOR HUMANITY FUNDING Mr. Tolbert noted that this item has been considered twice by Council and the issue remaining is about how to ensure that the City' s investment is protected. He said a meeting was held with the City Attorney, Abundant Life Ministries and Habitat for Humanity. He said Abundant Life Ministries has taken title to the property, but had to tie up money to do, and they still desire to go ahead with this request. He said that Habitat proposed putting a lien on property they own in Gordonsville as security, though they would prefer not to do this. He said Habitat is proposing to build four affordable units at 50% of the City's median income. He said the project is proposed to start in three years or less and will be completed one year after acquiring title. Mr. Lynch said he appreciates the work that has gone into making this a progressively tighter proposal. He said he sympathizes with the applicant's request not to tie up property. He said the City has a working relationship with them, and continuation of that relationship ought to be enough to secure funding. He proposed allowing the applicant to spend money on design rather than legal fees, keeping the new tradition of a high bar for design. Mr. Overton McGee, Executive Director of Habitat, said that is a great idea. Mr. Caravati said his initial concerns have not diminished that much. He said the City has invested significant money in the past, but they were banker type investments, and demanded a return on investment. He said this is the issue and reason he supports the intent resolution which makes a moral obligation commitment. He said he is concerned about the larger project which is more speculative, not the four houses to be built by Habitat. Mr. Caravati made a motion to approve the resolution expressing Council's