Loading...
HomeMy WebLinkAboutCUP 103; Las Flores Church of the Nazarene; Conditional Use Permit (CUP) (4)- - City of Carlsbad March 19,2001 Donald R. Worley Stephenson Worley Garratt Schwartz Garfield & Prairie 401 “B” Street, Suite 2400 San Diego, CA 92101-4200 DEVELOPMENT AGREEMENT FOR BUILD-OUT OF LAS FLORES CHURCH Dear Mr. Worley: Your letter of February 14, 2001, asks the city to consider a development agreement as an approach to deal with phasing the contemplated buildout of Las Flores Church. Staff sees the following problems with this approach as it is proposed in your letter: 1. Development agreements need to benefit the City in an extraordinary way. In exchange for Las Flores Church obtaining vested rights to expand, it is difficult to determine what benefits the city would realize with a development agreement that could not be attained through the normal conditional use permit process. 2. Your letter suggests a development agreement would give both the church the right to the future buildout of the property, free from ordinance changes, etc., and the city the right to maintain discretionary control over each phase. On the contrary, it seems the city’s discretionary powers would be quite limited if the church had the vested right to expand. 3. Your letter also suggests the right to future buildout could be defined in an agreement with limitations on building square footage or coverage. The city would be uncomfortable agreeing to an expansion on such terms because they are so vague and especially since the expansion plans proposed under the church’s recent preliminary review contained numerous and major problems. Furthermore, the guaranteed ability to expand based on specific parameters prevents the city from fully exercising discretionary review. 4. Given that the church is in a residential neighborhood, it seems appropriate that the city maintain its ability of discretionary review to balance the needs of the church and its neighbors. 1635 Faraday Avenue - Carlsbad, CA 92008-7314 (760) 602-4600 - FAX (760) 602-8559 @ 1 DEVELOPMENT AGREEM~. . r FOR BUILD OUT OF LAS FLORES CHURCH - Mr. Don Worley March 19,2001 Paqe 2 Planning staff recommends against the processing of a development agreement. Instead, an expansion proposal should be processed as amendment to the church’s existing conditional use permit. Moreover, since the filing of an amendment will require detailed plans and information, any phase of the expansion that is still only conceptual will require the submittal of a subsequent amendment(s). Sincerely, MICHAEL J.-HOLZMILLER Planning Director c: Dwayne Edwards, Pastor, Las Flores Church Gary Wayne, Assistant Planning Director