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HomeMy WebLinkAbout1969-03-11; Planning Commission; Minutes~ -CITY OF CARLSBAD - COMMISSIONERS COMMISSIONERS 4 OF CARLSBAD - -2- Notice of public hearing was read. The Secretary cer tified.that property owners in the area were notified and then read the application. The City Planner presented the Planning Department Report and cited the area invetved on a tentative map which he displayed. The City Planner also pre- sented the Engineering Department Report. The Chairman announced the Commission would now hear from the applicant or his representative. .MR. GARY GANNON, applicant, explained to the Commiss sion what the development company is doing and stated it was the feeling of Gannon, Inc. that the improve- ments they are required to make on Elm Avenue are a 'I little unreasonable since Elm Avenue. may not be im- proved for some time. Mr. Gary.Gannon stated the little raised area next to lot 18 might be worked out with the owner. He stated He stated rather than asking for a variance on nine lots, they are requesting a variance on five; Lots No. 1, 8, 9, 12, and 13. The Planning Director asked for a continuance on this matter in view of the changes that have been made so that he can study this matter further. MR. 0. A. GANNON, President of Gannon, Inc., stated, since 'housing'in this area is needed, he would like to have a decision made at this time on the tentative map. He stated that the only change they are request ing is on Lot #1, however, if this change would de- termine the difference between a continuance and a decision at this time, they would prefer to relinquis the change from a 15 foot set-back request on Lot 1 to the 20 foot set-back required by ordinance. There were no others wishing to speak in favor, so the Chairman announced the Commission would now hear from anyone wishing to speak in opposition. MR. ALLAN JANDRO, 2801 El Camino Real, owner of ad- jacent property, stated that he does not feel the City has any right to approve this decision. He stated that ten years ago he and Mr. Rorick, owner of other adjoining property, formed an unwritten agreement with the Engineering Department. The City made a commitment with Mr. Jandro and Mr. Rorick that they would complete Elm Avenue through Mr. Rorick's property and he in turn would give the City certain property for a park. Mr. Jandro stated that if the City is going to rescind their agreement and allow this, it will cause those people to go into litigation against the City. He stated that the people in that area put in all their own improvements COMMISSIONERS -3- Commissioner Palmateer stated that Elm Avenue was pre cise planned two or three years ago and that at that time, all property owners involved were notified of a Public Hearing. Since there was no one else wishing to speak for or against the proposed tentatl've map, the Chairman de- clared the Public Hdaring closed at 8:25 P.M. Commissioner Palmateer inquired if Public Hearings were held on the precise plan of Elm Avenue and he was informed that they were. Commissioner Little stated he felt the Planning De- partment should have a chance to review this matter and study the changes. A motion was made to continue this hearing uhtil the Planning Department could further investigate an agreement reportedly made with the property owners t-egarding the alignment of Elm Avenue and to attempt to find out what the terms of the agreement were, and to give the Planning Department additional time to study the changes that have been made to to up- date the map. (b) RECLASSIFICATION - To consider an application for change of'zone from R-1 to C-2 (General Commer- cial: Location at 1045 Grand Avenue, on the South- easterly end of Grand Avenue, Westerly of Inter- state #5 Freeway: Applicant: John H. Grant. Notice of hearing was read. The Secretary certified that property owners in the area were notified and that publication was given and then read the appli- cation. The Planning Director presented the Planning Depart- ment Report and displayed a map indicating the lo- cation of the proposed reclassification. The Enginee ing Department Report was also read by the City P1 anner. Motion Ayes -CITY OF CARLSBAD - c * -4- .. .. ". .. - . .. The Chairman announced that the Commission wou..ld n0w hear from anyone wishing to speak in favor of this applicat-ion. .- MR. JOHN. H. GRANT; 4056 'Skyline Drive- (-Franchise Dire tor for Denny's Restaurants) and applieant,;stated he concurs with the report of the.Planning Director and agrees that the hearing shou,ld be continued as.reques ed in report until the staff has had a op.portunity to devise a. specific plan. He stated that it is his beli.ef that this.is the most important quadrant in th City. Commissioner Little stated that this matter was broug before the Commission once before for rezoning and at that time it was pointed out Grand Avenue to that poi,nt is not wide enough to handle commercial type traffic. He stated there was at that time. some pro- blems of ingress and. egress and the situation has not changed at this time-. Since a decision had been reached to continue the hearing, the Chairman declared the Public Hearing closed at 8:30 P.M. .. -. .. .. - .. -1 In view of the fact that the Planning Director and the Applicant both agreed on a continuance, a motion was made that the hearing be continued until the meeting of April 8, 1969. The Planning Director stated the Planning Department would submit a report to the Commission prior to the April 8, 1969 meeting.' '. Notice of public hear'hg was read. The Secretary cer tiffed that property owners in the area were notified and that publication was given and then' read the application and read the attached exhibit. The Planning Director presented t.he Planning Depart- ment Report depicting the location of property and zoning of surrounding areas. He stated he would.likq to point out the first paragraph of the exhibit which was read because there were some questions he had in his mind about the paragraph and he felt it might be something for the Commission to discuss and ask the applicant about. The City Planner then read the Engineering Depattment Report. The Chairman announced the Commission would now hear from anyone wishing to speak in favor of this reclass ification. MR. DAVID RORI.CK, 110 South Pacific, Oceanside, appli cant and local representative for Nature Conservancy, explained the terms of paragraph #1 of the exhibit and stated that the Commissions action would be the' granting of what the people of Oceanside and Carlsbad have wanted for quite some time. : * COMMISSIONERS Motion Ayes " r ,F- . 'X -5- He stated that the reclassification for zone change would offer protection and preservation of wildlife and that final action will take place on March 27, 1969. Discussion centered around the property owned by Lake San Malo Developers and Mr. Rorick explained that the particular parcel that is shown on the map is the onl, one-that was subject to the res8rictions in the exhib it. The other parcels that they own in the lagoon hav no such restrictions on them. MR. L. E. LIDDLE, 2475 Jefferson St., stated he could not see any point in this area not being zoned R-3' when all the surrounding area is R-3. He stated that that parcel was not zoned R-3 before was because Nature Conservancy was not intereste.d in it at the time surrounding areas were zoned R-3. He stated he was in favor of the zone change. ,I The Chairman announced since there was no one else present who wished to speak in favor of the appli- cation, that the Commission would now hear from those I in opposition of this application. GEN. W. W. ROGERS, 2465 Jefferson St., stated he is the owner of property adjacent to Mr. Liddle and he was not in opposition of of the zone change but he was concerned because there was no access road for the people who wanted to see these birds in the la- goon. He felt there should be an access provided for the public and stated he would like to see the zone change but with the restriction that an access road- be provided clear around the conservation for the public and stated he would be willing to deed a por- tion of his property for this purpose. MR. A. L. ALLERDYCE, representing Mrs. Alexander, 2686 Jefferson St., stated they were not in oppositio to the zone change but did not want any high building built there to obstruct the view. He stated he would like to see some restriction which would present a building being constructed there. Mr. Rorick 'stated there is a road there which is marked "closed" but it is only closed to vehicular traffic but not to pedestrians. There will be pro- vided a 25' access right of way where this property faces the lagoon for the public use. He stated they would like to have the same cooperation from other property owners so that they could have access all the way around so that there would be this availabili ty of the enjoyment of the lagoon in its entrie cir- cumference. Gen. Rogers stated if there is a 25',access there, he would like to withdraw his objection. The Chairman declared the Public Hearing closed at 9:05 P.M., since there were no other persons present who wished to be heard regarding this matter. After further discussion, the point was brought out that building restrictions were not necessary since COMMISSIONERS -CITY OF CARLSBAD - COMMISSIONERS the-existing height regulations are -aIready.-in;exfst.- ance and also it.was pointed out that the Comm'ission is in the position to precise plan the shore of the lagoon and safeguard the construction of a high. bullding which would obi-'lruct 'the view. -1.t was stat- ed that the finalfzation. of the escro-w .depended on the zone change. Commissioner Little stated that he would normally be against a reclassification t'o R-3 and it appeared a compromise was being made, He stated if this re- classification is approved and somethi.ng goes wrong,, he would not want this area to be zoned R-3. A motion was made to adopt Resolution No. 605, re-* commending approval of zone change from R-A to R-3 on said property*for the followi'ng reasons: 1. It constitutes an obvious logical .use of the property since the surrounding property is zoned R-3. -1 2. A change of zone is in the.interest of the development of the lagoon with negotiations taking place in Sacramento. , 3. In conformance with the'General Plan. Resolution No. 605. A RESOLUTION OF THE CARLSBAD CLT' PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL ON THE WESTERLY SIDE OF JEFFERSON STREET AT LAS.FLOREl DRIVE, subject to the condi.tions as 'outlined in the. reports of the Planning and Engineering Departments, was adopted by' title only and further reading waived. CHANGE OF ZONE FROM R-1 TO R-3 ON PROPERTY LOCATED (d) RELCASSIFICATION AND SPECIFIC PLAN - To consider an application (Neighborhood-Commercial), located on the Southerly side of Elm &venuey between Highland Drive and Pi0 Pic0 Drive. Applicant: Oceanside National Bank. Notice of hearing was'--read. -The Secretary certified that property owners in the area were notified and . that publication was given and then read the appli- cation. The Secretary stated that the signature on the application was not clear and the name could not be determined and a check on the .address showed it was non-existing. The Planning Director presented the Planning Depart-' ment Report and a map determining the area involved. The Planner stated a consideration which might be taken into account by the Commission is the fact that this property surrounds the City Hall Complex and should be included in a'planned district. The Plan- ner then readathe Engineering Department Report. The Chairman announced the Commission would now hear from anyone wishing to speak in favor of this re- classification. MR. JOHN REYNOLDS, 3550 Ridgecrest, Carlsbad, repre- sentative for Oceanside National Bank, stated the application was signed by C. J. Heltibridle and the- address on the application is property owned by him in Carlsbad. He stated the property could be zoned R-P and as such Would attract more business in that area. He was in agreement with -the findings of Motion Ayes Noes . COMMISSIONERS -7- the.Planning Department. The applicant is Oceanside National Bank but the owner of the property is J. Kader and the bank will be leasing the property. He stated that Elm Avenue is 84 ft. in width and is de- signed for commercial use. Commissioner Forman inquired of Mr. Reynolds the approximate number of employees the bank will have in this branch elfid Mr. Reynolds replied that the approx- imate maximum of employees would be twelve. Since there were no others present wishing to speak for or against this reclassification, the Chairman declared the public hearing closed at 9t32 P. M. Discussion centered around the problems of parking for the public and the employees and the necessity of reducing taaffic problems on Elm Avenue since it is the only major cross street in Carlsbad and will have more and more traffic on it as the City grows. Also discussed was the problems of ingress and egress of the bank which could cause traffic congestion and the hazard of a business such as this across from the library where childres will be crossing. It was pointed out that even the City Hall does not have direct ingress and egress Q6 Elm Avenue. A motion was made to adopt Resolution No. 606, denyin5 request for a zone change from R-1 to C-1 for the following reasons: 1. That this is commercial spot zoning in a residential area. 2. That the none change and its intended use would present a very severe traffic problem on Elm Avenue which is a major boulevard in the City and which will carry more and more traffic as the City grows. Resolution No. 606. A RESOLUTION OF THE CARLSBAD CITY PLANNING COMMISSION DENYING APPLICATION FOR CHANGE OF ZONE FROM R-1 TO c-I ON PROPERTY -LOCATED ON THE SOUTHERLY SIDE OF ELM AVENUE, BETWEEN HIGHLAND DRIVE AND PI0 PICO DRIVE, was read by title only and further reading waived. A further motion was made to adopt Resolution No. 607 denying adoption of a specific plan for Oceanside National Bank for the same reasons listed above in motion regarding Resolution No. 606. Resolution No. 607. A RESOLUTION OF THE CARLSBAD CITY PLANNING COMMISSION DENYING TO CITY COUNCIL A SPEdIFI( PLAN LOCATED ON THE SOURMBRLY SIDE OF El" AVENUE, BETWEEN HIGHLAND DRIVE AND PI0 PICO DRIVE, was adoptec by title only and further reading waived. (e) RECLASSIFICATION AND EEECIFIC PLAN - To consider an application for a specific plan god for a change of zone from R-A-10,000 to C-2 (General=commercial) on property located on the tasterly side of El Camino Real, between Marron Road and Osuna Drive, Applicant: Otis E. Vanderbura. Motion Roll Call Ayes Abselin Motion Roll Cal Ayes Abstain -8- Notice of hearing was read. The Secretary certified that property owners in the area were notified and that publication .was given and then read the applica- tion. The City Planner presented the Planning Department Report and displayed a map of the location. He state that the last request for a. change of zone and speci- fic.plan was granted with the condit4on that the artitecture be in keeping with the Plaza Camino Real Complex. The City Planner then presented the City Engineer’s Report. The Chairman announced that the Commission would :low hear from anyone wishing to speak in favor of this zone change and specific plan. MR. OTIS VANDENBURG, 2500 El Camino Real, applicant, stated with the present zoning he is unable to de- velop his property and has requested a zone change so that he will be able to develop it. MR. C. M. MASSEE, 3511 Camino Del Rio, San Diego, real estate representative for Shell Oil Company stated that his company will be leasing the propert, He stated that Shell Oil caters to the peop.le and this facility would cater to the people who shop at Plaza Camino Real where they can not only shop but also have their cars serviced at the same time. He stated that this facility is compatible with the area and will be open, unlike other service stations in the area, twenty-four (24) hours. They construct very modern facilities and should a facility become outmoded and is owned by Shell Oil Company, the company tears it down and rebuilds a more modern one in its place. Shell Oil is willing to work with the City in any way they can and he stated they have a tentative long lease term on this property. MR. ED McMA-NN, District Manager for Shell Oil Company explained Shell Oil’s policies and stated that in spite of the fact there are other stations in that area, they feel they can support a station in that location and feel there is a need for a station in that area such as the one they wish to construct. Since there were no others present who wished to speak regarding this matter, the Chairman declared the Public Hearing closed at 1O:lO P.M. The Planning Director stated that a consideration the Commission might bear in mind is the elasticity of space or land in that area. He stated. that a plan should be made for the area so that land is utilized to the best advantage of the public and the city. If the space is not utilized properly, the City may find a lack of land in that area for something which may be needed in the future. After much deliberation, much of which centered aroun the problems already evidenced since the opening of. Plaza Camino Real and the fact that in that area ther are already four other service station facilities in that area, the Commission came to a final agreement, COMMISSIONERS t -9- A motion was made to adopt Resolution No. 608 denying for following reasons: .request for zone change from R-A-10,000 to C-2 for 1. That the planning concerning potential com- mercial uses ,and amendments to the General Plan have not been consummated by the Plan- ning Department. . 2. That the desirability, at the present time, for an additional service station in the area is most questionable and that such an establishment would add to an already diffi- cult traffic problem. Resolution No. 608. A RESOLUTION OF THE CARLSBAD CITY PLANNING COMMISSION DENYING APPLICATION FOR LOCATED ON THE SOUTHEASTERLY SIDE OF EL CAMINO REAL, title only and further reading waived. CHANGE OF ZONE FROM R-A-10,000 TO C-2 ON PROPERTY - BETWEEN MARRON ROAD AND OSUNA DRIVE, was adopted by ./-I A further motion was made to adopt Resolution No. 609 denying adoption of specific olan for Otis E. Vanden- burg for the same reasons as'listed above in motion regarding Resolution No. 608. Resolution No. 609. A RESOLUTION DENYING TO COUNCIL A SPECIFIC PLAN ON PROPERTY LOCATED ON THE EASTERLY SIDE OF EL CAMINO REAL, BETWEEN MARRON ROAD AND OSUNA DRIVE, was read by title only and further read- ing waived. OLD BUSINESS: Discussion was held regarding a Resolution concerning the conduct of the Planning Commissi.on procedures and a decision was reaah by the Commission, after discussion this matter with the City Attorney who explained the reason for said resolution, that the members of the Commission would study said resolution and consider it at the meeting of March 25, 1969. NEW BUSINESS: Commissioner Palmateer stated pertaining to officers of the Commission that he wished to tenure his resig- nation as Vice-chairman of the Commission due to doctor's orders. He stated that this was not a resig- nation from the Planning Commission but merely a re- signation as Vice-chairman of the commission. A motion was made to accept Commissioner Palmateer's resignation as Vice-chairman to the Planning Commissia and re-elect a new Vice-chairman at the next schedul- ed meeting. ADJOURNMENT: (a) By proper motion, the meeting was adjourned at 10:30 P.M. Recording Secretary COMMISSIONERS Motion Ayes Motion Ayes Motion Ayes