HomeMy WebLinkAbout1986-02-05; Design Review Board; MinutesMINUTES
Meeting of: DESIGN REVIEW BOARD
Time of Meeting: 5:OO p.m.
Date of Meeting: February 5, 1986
Place of Meeting: City Council Chambers
MEMBERS \
CALL TO ORDER:
The Meeting was called to order by Chairman McCoy at 5:03 p.r
ROLL CALL:
Present: Chairman McCoy, Members Hall, Holmes and
Schlehuber.
Absent : None.
PLEDGE OF ALLEGIANCE was led by Chairman McCoy.
PUBLIC HEARING:
1. RP 85-18 - CARLSBAD INN TENNIS CLUB - Request for a
Redevelopment Permit to build five tennis courts and club
house in AT&SF Railroad right-of-way at Washington Street
between Oak and Pine in Subareas 4 and 5 of the V-R Zone.
Member Hall stated he would step down from the Board during
the discussion and vote on this item, due to a conflict in
interest.
Chairmam McCoy stated he, too, could possibly have a conflici
of interest.
Member Schlehuber stated he was not asking for disqualifi-
cation on this item, but if there is a question regarding
the General Plan designation on this property, this could
affect everyone at the meeting.
Mike Holzmiller, Planning Director, stated this was one of tl
policy issues involved here from a land use standpoint. A
transparency was used showing the boundary map of the Villagt
Redevelopment area.
Mr. Holzmiller said the railroad right-of-way was not to be
used for development, and in the General Plan was treated
similar to freeway land or major streets in the City. No
land use has been designated, and no policy has been
determined with regard to whether or not land use should
be permitted in that area. He stated there was a
possibility the General Plan would not permit this type of
facility without an amendment to the General Plan.
Mrs. Judy Carroll, the applicant, stated she felt it was
remarkable this information had not been available until
now. She stated they had inquired about use of the right-of-
way in 1984, looking at the other uses permitted and in
existence in the City. There are commercial uses such as
the lumber yard, the City park and the parking lot. Mrs.
Carroll inquired of the Assistant City Attorney just how
these precedents were viewed.
Assistant City Attorney Dan Hentschke replied he apologized
for this coming up at this hour, but the applicant never
talked with the City Attorney's office on this application.
The staff report indicated the planning issue concerning the
uses in the railroad right-of-way, and that applies to all
railroad property throughout the City, not just this one.
This planning concern articulates the City's concern in the
planning sense, not the legal. The legal issue is quite
clear--use is only approved if it is consistent with the
General Plan and Redevelopment Plan. Neither one establishe:
permitted uses within the railroad right-of-way other than
railroad uses.
MINUTES
February 5, 1986 Page 2
MEMBERS \1
Mr. Hentschke stated he did not feel this was a precedential
problem; but, if so, the City made a mistake in the past
and approved some uses. In this instance, it is a signifi-
cantly different kind of use. A use that may have been
approved in the past, or may not have been considered by thi
body as being allowed there, does not prevent the City makin
current uses consistent with the General Plan. The
recommendation of the Planning Director and City Attorney's
Office is a comprehensive plan should be approved through
the City as a whole, or the Redevelopment Area first. At
the present time, the only uses permitted in that area are
those consistent with railroad uses. Parking is considered
to be consistent with railroad uses. The statement made
by staff that this area is designated as open space states
the City's concern.
Mrs. Carroll was told this issue came up when the staff
report was reviewed. She stated they pursued this
application on the uses established in that area and would
not have gone this far with the application had it been
made known to them that a General Plan Amendment might be
necessary. Mrs. Carroll said they met with the Planning
Department, as is normally done with an application, and did
not meet with the City Attorney. She felt all issues had
been addressed, with this being the first she had heard abou
a General Plan Amendment.
Mike Holzmiller stated he was convinced that issue was
addressed in the staff report, and tonight a Board Member
asked that question, as to whether it would require a Genera
Plan Amendment. The issue has come up due to the applicatio
coming before the Design Review Board tonight. The issue
was raised several times in the staff report.
Member Schlehuber stated in light of what had been discussed
and the City Attorney's recommendation, he felt the Board
had a choice of either following the City Attorney's advice
which says a General Plan study is needed to determine what
uses should be permitted on all railroad right-of-way, or
the Board has the ability to abandon his advice. He added
he would be cautious on abandoning the Attorney's advice.
Mr. Schlehuber said other uses for that area should be
examined.
Design Review Board sent this item back for a General Plan
review to allow a designation to be put on this land, and
to determine whether or not this land can be used for
development.
Assistant City Attorney Dan Hentschke suggested the Board
direct staff to do a study as to what uses would be
appropriate in the railroad right-of-way, and continue
the public hearing on this particular application until the
General Plan designation is made. This won't result in a
denial of the application and will allow the application
to be processed concurrently without additional fees.
Member Schlehuber made a motion to continue the public heari
on this application to run concurrently with any General
Plan studies and final report that is presented.
Marty Orenyak, Building Director, stated the conflict of
interest matter must be solved. He also recommended the
Board recommend City Council direct staff to pursue a
General Plan Amendment in the Redevelopment area on the
railroad right-of-way.
McCoy
Hall
Holmes
Schlehuber
MINUTES
February 5, 1986 Page 3
Assistant City Attorney Hentschke stated he had not mentionec
the conflict of interest, as in deciding the General Plan
issue, there was no conflict of interest. He said this was
a policy issue for the Board to decide.
defer to the Building Official.
However, he would
Member Schlehuber stated he did not feel this study should
apply only to the Redevelopment Area, but should be the
railroad right-of-way all the way through Carlsbad.
Mr. Orenyak replied this application was in the Redevelopment
Area and dealt with the Design Review Board because of that.
The City Council would have to provide the direction, and
that may be in conflict with the present moratorium and
would preclude any applications until July.
Member Schlehuber stated this application is Redevelopment
Area and before the Design Review Board, and he was willing
to confine the study to the Redevelopment Area at this
time .
Design Review Board continued the public hearing on this
application to run concurrently with any General Plan
studies and a final report, with the study to be confined
to railroad right-of-way uses in the Redevelopment Area.
By Minute Motion, the Design Review Board recommended to
City Council if a General Plan for the railroad right-of-way
is considered for the Redevelopment Area, that a General
Plan for the entire railroad track through Carlsbad be
considered at the same time.
Chairman McCoy announced there would be no public hearing
tonight, as testimony taken would have to be re-heard
on the General Plan Amendment, which would be a public hearii
Member Schlehuber suggested that any individual questions
from the audience be answered following the meeting.
(Unidentified man from audience) asked whether this was
a special use permit, and the Assistant City Attorney
answered no land use permit in the City can be approved
inconsistent with the General Plan, regardless of the nature
of the permit. The Redevelopment Plan and the General
Plan do not show a land use designation for the railroad
right-of-way. Only railroad uses are designated for that
area.
ADJOURNMENT:
By proper motion, the meeting of February 5, 1986, was
adjourned at 5:23 p.m.
Respectfully submitted,
CHRIS SALOMONE
Community Redevelopment Manager
Harriett Babbitt
Minutes Clerk
McCoy
Hall
Ho he s
Schlehuber
McCoy
Hall
Holmes
Schlehuber
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