HomeMy WebLinkAboutCT 93-09; Ocean Bluff; Tentative Map (CT) (61)EVON GARDENS
6525 El Camino Real
Carlsbad, California 92008
(619) 931-8487
DATE: December 20, 1995
MEMO TO: Planning Commission, City of Carlsbad, CAlifornia
FROM: Evelyn E. McKinney, Evon Gardens
SUBJECT: Statement pertaining to Public Hearing on Ocean Bluff
I plead with you to disapprove this plan as it is presented. Corrections
MUST be made to rectify the INJUSTICE THAT HAS BEEN DONE and will increase at
an alarming rate unless you REQUIRE this developer to complete his plans
appropriately to mitigate the proplems already created by this body and the
City Council and now proposed to be magnified by the plans of this developer.
You have already set the alignment of Poinsettia Lane through our property,
on December 1, 1993 (Attached)' and the final approval of the City Council was
granted on the 8th of February 1994, (Attached)^ver our objections.
At that time you were informed by Mr. Hauser (Page 3 and 4 of the minutes of
that meeting) (Attached)3 that plans for a financing mechanism would require
developers to pay fees for property acquisition and construction of the basic
roadways and it would include the entire length of Poinsettia Lane to El Camino
Real to Algo. He said (recorded on Page 4 of Minutes of the same meeting)
(Attached)V "The developer must acquire the property for the right-of-way and
build the road. If the developer can't get it done, the city would consider
lending it's powers of condemnation."
I again refer you to page 8 of the minutes of your meeting on December 1, 1993.
(Attached)S'Mr. Hauser replied, "... Aviara is not going to build a road
across the McKinney property. ... It will be the next project that will
PUNCH it through. If the McKinney's are not willing to negotiate for the sale
of the right-of-way, and it has to go to condemnation, the condemnation will
pay compensation for the land taken and for the lost business use of the property
as well."
On Page 8, bottom and page 9 top (Attached)^3 Commissioner Bets"inquired if Aviara
is only going to Blackrail Court, and will not affect the McKinney property at
this time, is there some way that particular alignment can be separate from
what is being considered tonight." Mr. Hauser "replied that it cannot be
separated because it is part of the Tentative Map. There would be no room for
any maneuvering of the alignment between Blackrail and Alga Road."
Commissioner Betz "If the alignment which would force the road through the McKinney
property is still negotiable after Aviara Phase III is approved tonight. Mr. Hauser
replied "that it is not, only the method of purchase would be negotiable."
I now refer you to Page 9, paragraph 5 of the same minutes. Commissioner Erwin
stated,"he is sorry this hasn't been addressed earlier. The McKinneys have been
making this issue for a long time. They have made it abundantly clear that this
is their livelihood. It represents an enormous financial interest to them and
it is a matter of public record. If their property is taken,! think they have
made it very clear that they will expect more than adequate remuneration."
(Attached)*/
The time is here! The NEXT DEVELOPER , Ocean Bluff, has submitted his plans,
by-passing our property, and not "PUNCHING IT THROUGH" as Mr. Hauser told you
earlier. If you approve his plans as submitted, you will have Poinsettia Lane
approved for completion from Highway 5 to El Camino Real with the exception of
approximately 1,000 feet, where our greenhouses set. Mho will complete the
road for you? He certainly HILL NOT, lie are NOT developers and have no intent
of developing. So, Poinsettia will set — piecemealed, as I've said before
in the minutes of December 1, 1993 Page 5, paragraph 7 (Attached).%
Please make this developer, Ocen Bluff fulfill the expectations and plans that
Mr. Hauser laid out to this body in previous sessions. Make him "PUNCH"
Poinsettia Lane through so the road can-be completed arid STOP'distroying oar
land, our business and:our financial potential.
Thank You,