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HomeMy WebLinkAbout1997-06-24; City Council; 14241 Exhibit 6; Aviara Lot 308 Azure Cove Annexation7. MP 177WGPA 96-061LCPA 96-13/X 97-03 - AVIARA LOT 308/AZlJRE COVE ANNEXATION - a request for a General Plan Amendment to change the designation of a 1.2 acre parcel in the Aviara Master Plat (Lot 308) from Open Space (OS) to Residential Low Medium (RLM), a Master Plan Amendment and Local Coastal Amendment to establish permitted land uses and development standards for this redesignated residential area within the Aviara Master Plan and to MINUTES 72 PLANNING COMMISSION May 21,1997 Page 15 annex the Azure Cove development intO the Aviara Master Plan as a new planning area, and a Zone Change from Single Family Residential (R-i-7500-Q) and Open Space (O-S) to Planned Community (P-C) to maintain zoning consistency with Azure Cove and the Aviara Master Plan, The project is located south of Aviara Parkway, between Batiquitos Drive and Aviara Drive in Local Facilities Management Zone 19. Chairperson Nielsen announced that if the Commission recommends approval of this item, it will be forwarded to the City Council for its consideration. Project Planner, Michael Grim described this item as a request for a General Plan Amendment, a Local Coastal Program Amendment and a Zone Change for two projects (a project within a project). One is the annexation of the Azure Cove development into the Aviara Master Plan and the other is a clarification of the development potential of Lot 308, within Aviara and the appropriate measures needed to allow that lot to develop. Regarding the Azure Cove Annexation, Mr. Grim described this area as a developing single family residential neighborhood with 72 dwelling units located on the north side of Batiquitos Drive. This development was annexed into the Aviara Homeowners Association a little over a year ago to allow that association to cover all of their open space maintenance requirements. Mr. Grim stated that after lengthy investigation, staff has determined that each and every requirement for the annexation has been complied with and therefore recommends approval of the Azure Cove Annexation. Additionally, the City is also proposing to change the Zoning from R-1-7500-Q and O-S, to be consistent with the Planned Community Zoning Chapter, to PC which is consistent with the rest of the Aviara neighborhood. Regarding the second part of the proposal, Mr. Grim pointed out that this actually goes back to the original sub-division CT 85-35, when lot 308 was a stand alone lot and not designated either golf course or open space on the final map. Mr. Grim pointed out that because of its location and the lack of any discussion of access or development potential in the Master Plan, staff has always been under the impression that that lot would never be developed. He went on to state that during the processing of the original master plan and tract map, Lot 308 was overlooked with regard to development standards and design criteria and not assigned to any particular planning area nor were the permitted uses for the lot clearly described. Mr. Grim stated that this lot was considered a “random” lot, so much so, that in the 1994 General Plan update the City assigned that lot as Open Space to coincide with the open space designation on the golf course and the native vegetation. Mr. Grim pointed out that within the past year, Aviara approached the City with the intent to sell this lot and was surprised to find that it had been designated as General Plan Open Space. After several meetings between Aviara’s attorneys and Cartsbad’s City Attorney’s Office, Mr. Grim continued, it was determined that Lot 308 was a legally created lot and buildable. Consequently, the City had to decide what could be built there and how to change the legislation to allow it to be built. Mr. Grim stated that it was decided that the best use was one single-family home, keeping it at the lowest level of development possible. It was also determined that it required a Master Plan Amendment, a Coastal Program Amendment, and a General Plan Amendment to move that lot out of open space. Mr. Grim also pointed out that with the redesignation of Lot 308, and to replace the required Open Space, this lot was exchanged for a 14+ acre parcel in the northwest comer of Aviara Planning Area 25 and this a&ion will secure this new parcel as Open Space. Mr. Grim stated that staff has found the proposal to be consistent with all of the regulations and requirements and recommends approval of this project. Commissioner Heineman asked how access to the property will be attained. Mr. Grim replied that research found that there is an existing private access easement through the Viaggio neighborhood and a new access will not be required to be created. MINUTES 3 3 -. PLANNING COMMISSION May 21 ,I997 Page 16 Chairperson Nielsen opened Public Testimony and issued the invitation to speak. Larry Clemens, Aviara Land Associates, 2011 Palomar Airport Road, Carlsbad, stated their agreement with staffs recommendation as it has always been their intention to develop Lot 308. He explained how the access easement was obtained and pointed out that the stub-outs for the utilities have been in place for several years. Mr. Clemens stated that it was quite a surprise, to all, when they found that their lot had been inadvertently designated as Open Space, As a result of this oversight, he continued, it has been very difficult for the owner of the neighboring properties to understand how and why this lot is suddenly no longer Open Space and is going to be developed. Mr. Clemens stated that he is also aware of some who contend that full disclosure was not made when they bought their properties. This is a matter that will be dealt with separately. Mr. Clemens indicated that there will be more than ample space between structures and presented photos of the property to the Commissioners to aid in the orientation. Commissioner Monroy asked if the lot is clear of habitat and was answered affirmatively. Commissioner Monroy also queried as to how large a home will be built there. Mr, Clemens stated that the square footage of the home is unknown at this time. Commissioner Welshons, regarding disclosure, asked if Aviara Land Associates should have been disclosing this lot. Mr. Clemens stated that, regardless of what some people may believe, there is no disclosure issue. Robert Chateau, representing Brookfield Homes, stated that they do not feel that this zone change will cause any development changes and are in agreement with the staff recommendation. Janos Beny, owner of Lot 292 on Aviara Drive, residing at 1886 Maya Court, Vista, requested denial of the General Plan Amendment, the Local Coastal Plan Amendment, and the Zone Change Amendment now before the Commission. Mr. Beny also presented photographs of the area to the Commission. He also stated that he believes that if Mr. Clemens is correct in his statement that Lot 308 is 300 feet below the neighboring property, Lot 308 would be below sea level. Mr. Beny pointed out that his lot #292 has an elevation of 292 feet. Mr. Beny stated that because Aviara Land Associates had been so meticulous in their dealings with their buyers, it is hardly believable that they could or would “overlook” a 1+ acre parcel. Marie Bertossi, 7094 Aviara Dr., Carlsbad, president of the Aviara Point Homeowners Association, stated their opposition to the redesignation of Lot 308 from Open Space to Residential. She stated that some of the homeowners feel that they were not properly informed of the existence of Lot 308. Alan Croll, 6965 El Camino Real, Suite 105-520, Carlsbad, homeowner in the Sandpiper development, presented a petition from ten homeowners in the Sandpiper development, opposing any change in the Open Space designation of Lot 308. Carol Duncan, 7101 Aviara Dr., Carlsbad, stated that her property is almost directly above Lot 308 and she feels that Lot 308 was never properly disclosed to her when she bought her property. She cited view impacts and disagreed with the plan to develop Lot 308. Daryl Gest, 7051 Rockrose Terrace, Cartsbad, stated that his property is directly across from Lot 308 and when he purchased this property, he paid a premium of 643,000 for this view lot on the golf course. He stated that he was not told that he was paying 843,000 to have a view of another house, but rather that he was paying for a view of open space. Mr. Gest also stated that if a home is allowed to be built on Lot 308, he and his wife feel that the value of their property will have been severely diminished and that if the City approves these changes, the City and/or others should be responsible to them for the $43,000 as well as MINUTES 7Lf 4 - PLANNING COMMISSION May 21,199~ Page 17 seeing to it that their property taxes are reduced. He, too, presented a photograph from his property Susan Hawks McClintic, Attorney for Aviara Point Association, 555 W. Beech St., Suite 500. San Diego, stated that the primary concern of the, homeowners is that it Will hIPaCt their views of the open space and the common area. She too indicated that the consensus of the homeowners is that they were led to believe that nothing would ever be built on Lot 308 and that there is a significant disclosure issue. She also stated that she has been assured by Mr. Clemens that Lot 308 is in Planning Area 13, it will not become a part of Aviara Point. Finally, if the project is approved, the association will require that additional development guidelines be placed on anything to be constructed there, as well as the height of trees and other vegetation, to minimize the impact and minimize the level of impairment. Commissioner Noble asked Ms. Hawks-McClintic if she know of any law that deals with blockage of view. She responded that, by law, if you do not have a view granted to you by a written document, you legally do not have a right to a view. She added however, that if a developer sells a view lot and charges a premium for it, the buyer has a different issue with the developer. Commissioner Compas asked if she agrees or disagrees that the issue of disclosure is not in the purview of this Commission. Ms. Hawks-McClintic stated that several of the non-resident property owners have not had ample time to respond to this development and it had been their hope that they could have more time in which to meet with Mr. Clemens and attempt to arrive at a mutual conclusion. Paul Klukas, Planning Systems, 2111 Palomar Airport Rd., Carlsbad, representing Brookfield Homes expressed their support of both proposals before this Commission and pointed out that all of the City policies continue to be met and that the only contention seems to be a disclosure issue. He indicated that disclosure is a private issue and not a City policy issue and should be handled privately. He also stated that in the event that the issue of Lot 308 does not proceed, he and Brookfield Homes wish to encourage the annexation of Azure Cove. Jeff Robbins, 6923 Weld Rose Terrace, Carlsbad, stated his opposition to the proposed changes regarding Lot 308. Mr. Clemens stated that, as he had predicted, most of the neighboring homeowners feel that there is a disclosure issue and that he fully intends to meet with them in an effort to gain mutual satisfaction. In conclusion, Mr. Clemens urged the Commission to approve this agenda item. Commissioner Compas asked Mr. Clemens to comment on Planning Area 13. Mr. Clemens explained that inside the Master Plan, the developer must meet the requirements of Planning Area 13. relative to architectural guideline. He stated that it is not, nor ever has been, the intent that this be a part of the sub-association. Seeing no one else wishing to testify, Chairperson Nielsen closed the Public Testimony. Commissioner Monroy asked for clarification of the legal issues. Mr. Grim stated that the legal issue that the City is having to comply with is that a lot was created by virtue of Carlsbad Tract No. 85-35, Unit E, and that lot is buildable. He also stated that it is fortunate for the City that this lot was never placed under a deed restriction by the Coastal Commission, has never been grown over by habitat that would force U.S. Fish and Game, or had any other environmentally sensitive resource protection agencies to get involved, and it was not designated with the City Open Space easement, the MJNUTES T3- PLANNING COMMISSION May 21,1997 Page 18 only open space the City is losing is General Plan Open Space and the City is taking this opportunity to designate some new open space areas to replace it. Commissioner Compas asked Mr. Rudolf if he concurs that the disclosure issue is one of a private nature and not in the purview of this Commission. Mr. Rudolf concurred. ACTION: VOTE: AYES: NOES: Motion by Commissioner Welshons, and duly seconded, to adopt Planning Commission Resolutions No. 4096, 4097, 4098, and 4117, recommending approval of a Master Plan Amendment MP 177(S), General Plan Amendment GPA 96-06, Local Coast Program Amendment LCPA 96-13 and Zone Change ZC 97-03, based on the findings and subject to the conditions contained therein. 7-o Nielsen, Noble, Heineman, Savary, Monroy, Welshons, and Compas None