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HomeMy WebLinkAbout1974-04-16; City Council; 3007-1; Consideration of an appeal for Zone change•F-'N E CITY ^"*s,F .CARLSBAD, '-">C A L J F O R N I Agenda Bill No. 3007 • . ' Date: April SUPPLEMENT NO: 1. " " Referred To: . • ,- subject: APPEAL? Consideration of an Appeal of .uenlaT - submitted By: by Planning Commission on.request for Change of Zone on property at northwest corner of Locust St. and Adams PLANNING COMMISSION Street. . ' APPLICANT: J. C. GILFILLAN (ZC-139) --—•^'Statement of the Matter •The Planning Commission denied the request for a Change of Zone from R-l-7500 to RD-M on January 22, 1974. After the City-Council granted the appeal, the Planning Commission reported back to the Council, and the Council instructed staff to re-notice the hearing for April 16, 1974. See attached report to the City Manager. . . ' • Exhibit 1. Report dated April 8, 1974-from Planning Director to City Manager 51aff Recommandations to the City Manager: Staff would recommend the establishment of an.RD-M designation on the subject property, provided the density allocations are such so as to prov-ide a smoother- transition from the freeway to Adams Street. See justification in staff report to City Mgr. 'dated April 8, 1974, AS No. Date: April 16, 1974 City Manager's Recommendation The Planning Commission's concern on this project has consistently been the concern over densities. The RD-M Zone will allow a density of from 22 to 47 units per acre. Once the zoning is granted, if the person wishes to develop an apartment complex, he may develop the maximum number of units allowed only subject to the required setbacks. Even if the •project is developed for sale, and the applicant submits a subdivision map, the City will have little if any control over the number of units other than the maximum specified by the maximum number of units in the General Plan. If the Council wishes to uphold the appeal, the matter should be referred to the City Attorney for preparation of the necessary legal documents. . Council Action 4,16-74 The request for a change of zone from R-l-7500 to RD-M was denied without prejudice. -2- April S, 1974 Tl: CITY MANAGER FWM: ' PLANNING IIRECTIR SUIJECT: APPEAL OF PLANNING COMMISSION DENIAL - CHANGE OF ZONE REQUEST J. C. GILFILLAN The proposed rezoning involves the reclassification of 2.9 acres from R-l-7500 to -•• RD-M, to allow development of 49 condominium units, with a density of 20 dwelling units per acre. Part of the proposal involves the vacation of Locust Street, which would allow the developer to develop his ingress and egress off Harrison Street and Adams Street, vice Locust Street. On January 22, 1974 the Planning Commission denied the request for change of zone for the following reasons: 1. non-compatibility of requested zone to the uses of the surrounding —Tc^T1 area; and, ^NJ; 2. change of zone would result in further traffic circulation problems C; in the area. ^jxj As a result of the Planning Commission's denial, the Tentative Map and vacation request were tabled by the Commission. On February 19, 1974 the City Council granted the appeal of the Planning Commission's decision and requested a report back from the Planning Commission. The reasons for granting the appeal were: 1. subject zone request (RD-M) was in conformance to the General Plan land use recommendation (multiple family - 22-47 d.u./acre); and, 2. the circulation problems were being mitigated by the applicant by his indication that he would improve and dedicate necessary rights-of-way on Chinquapin Avenue, Harrison Street and Adarns Street. The Planning Commission reported to the City Council on March 19, 1974 that it was .their opinion that the proposed rezoning request was not compatible with the development that existed in the general vicinity. The density as proposed by the developer is higher along Adams Street than allowed by the existing General Plan and the densities proposed were also in conflict with single-family detached development along the project's easterly boundary. The Commission also reported that the Gilfillan Page 2. transition of land use and densities from the freeway eastward should be closely looked at before approval of any rezoning is granted. The Commission, as a second part of the report, indicated their consideration for circulation was not just the circulation around the proposed project, but the impact of the project on circulation in the entire area south of Chinquapin Avenue, between Adams, and to the north shore of the Agua Hedionda Lagoon. The Planning Coiriinission requested that the City Council consider re-noticing the Appeal hearing because it had been brought to the Chairman's attention that several property owners along Adams Street had not been notified. As a result of the Planning Commission report, the Council instructed staff to re-notice the Appeal hearing. The notice was set for April 16, 1974. In evaluating the request for rezoning, the Council should consider the following, prior to making a decision. In the opinion of the Planning Commission, the densities allowed under the existing General Plan are too high arid would not provide for a smooth transition of residential land use from the freeway to Adams Street; and as such, the densities allowed would detract from the existing single-family developments currently fronting Adams St. The Planning Commission is of the opinion that RD-M zoning may be appropriate, providing that the densities provided within any proposed development be proportionately decreased to allow for a smooth transition from the freeway to Adams S£. Specifically, the density alternative, using RD-M zoning, would allow for development on the west side of the parcel to approach 15 units plus to the acre. As development proceeds easterly, the Commission indicated that densities should be equal to that currently existing on the east side of Adams. The densities on the east side of the project therefore, would be in the neighborhood of 3-5 dwelling units per acre and should be constructed in such a manner so as to compliment the existing single-family detached dwelling units. The staff, in its .report to the Planning Commission on January 22, 1974, recommended the rezoning to RD-M be approved, providing there is sensitive treatment of residential densities, in order to provide a smooth land use between the freeway and single-family residences to the east. Additionally, the staff felt that the proposed rezoning would not significantly impact adjacent land uses, and the proposed rezoning is in conformance to the existing General Plan (multiple family 22-47 dwelling units per acre). Should the City Council see fit to approve this rezoning request, the issue of densities utilized as a transition should be the crucial point. It should be stressed that the circulation as proposed by the developer, would only mitigate the traffic problems adjacent to the subject property. The circulation problem goes beyond these limitations, and the problem should be more truly defined as affecting the entire area south of Chinquapin, between Adams Street and Agua Hedionda Lagoon. Therefore, the applicant's indication that he is mitigating ajvy potential circulation problems, has little validity. Gilfillan Page 3. Staff would recommend the establishment of an RD-M designation 'on the subject property provided the density allocations are such so as to provide a smoother transition from the freev/ay to Adams Street as described above. Justification of the proposed rezoiv'ng could be based on: 1. Conformance to the land use commitment of the existing General Plan. 2. RD-M would provide a means of developing a land use transition between the freeway and Adams Street.