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Home My WebLink AboutCUP 103; Las Flores Church of the Nazarene; Conditional Use Permit (CUP) (20)3 DANIEL A. FRIEDLANDER TIMOTHY K. GAWIELD GREGORY C.M. GARRAT? LAUREL LEE HYDE LAWYERS 401 “B” STREET, SUITE 2400 SAN DIEGO, CALIFORNIA 92101-4200 TELEPHONE (619) 696-3500 FACSIMILE (619) 696-3555 MICHAEL w. PRAIRIE OF COUNSEL: E-MNL SDLAW@SWGSGP.C~M WRITER’S EXT. WILLIAM J. SCHWARTZ, JR. GARY J. STEPHENSON ELAINE L. CHAN KENT H. FOSTER DONALD R. WORLEY RALPH E. HUGHFS February 14,2001 Scott Donnell, Associate Planner City of Carlsbad 163 5 Faraday Avenue Carlsbad, CA 92008-73 14 Re: Conditional Use Permit for Las Flores Church Dear Scott: This letter raises a separate issue. The Church has general concept plans for future phases of development on the property. Because the plans are only conceptual, it would be difficult and premature for the Church to come up with detailed drawings, elevations, etc. for those hture phases. We understand the City would be reluctant to approve future phases, and to include them in a new CUP, without such detailed plans submitted for close analysis. Also, the Church does not want to get into another situation where future phases are identified in the new CUP, but financial and other considerations prevent them from being built on time, and the phases expire. On the other hand, the City obviously cannot be in a position to give specific approval in a CUP for hture phases without some time limits. The answer seems to me to be some form of development agreement which would give the Church the right to the future build-out of the property, perhaps defined by some limitation on total square footage or building coverage. However, the agreement would require that for actual implementation of any future phase, an application for an amendment to the CUP would be required. The City would thereby retain discretionary control over the specific development plans, but the Church would be assured that it could build out its property free from worry over subsequent changes in ordinances, policies, etc. regarding its land. We ask for your consideration of this approach to deal with the future phases. STEPHENSON WORLEY GARRATT SCHWARTZ GARFIELD & PRAIRIE, LLP Scott Donnell, Associate Planner City of Carlsbad February 14,2001 Page 2 Thank you for your DRW:sc cc: Pastor Dwayne Edwards John G. Burlison Lew Dominy X:\WP\2OOl\Las Flores Nazarene ChurchKity Planning 2ltr.doc