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HomeMy WebLinkAbout2011-08-17; Planning Commission; MinutesPlanning Commission Minutes August 17, 2011 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: August 17, 2011 Place of Meeting: COUNCIL CHAMBERS CALL TO ORDER Chairperson L'Heureux called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Black led the Pledge of Allegiance. ROLL CALL Present: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard, Schumacher, Scully, and Siekmann Absent: None STAFF PRESENT Don Neu, Planning Director Jane Mobaldi, Assistant City Attorney Bridget Desmarais, Administrative Secretary Sabrina Michelson, Senior Office Specialist Glen Van Peski, Engineering Manager Dan Halverson, Assistant Planner Jennifer Jesser, Senior Planner David de Cordova, Principal Planner Gary T. Barberio, Community and Economic Development Director APPROVAL OF MINUTES Chairperson L'Heureux asked if there were any corrections or revisions to the minutes of the meeting from August 3, 2011. MOTION ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission approve the minutes from the Regular Meeting of August 3, 2011 as corrected. VOTE: 6-0-1 AYES: Commissioner Arnold, Commissioner Black, Commissioner Nygaard, Commissioner Schumacher, Commissioner Scully and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: Chairperson L'Heureux Chairperson L'Heureux directed everyone's attention to the slide on the screen to review the procedures the Commission would be following during the evening's Public Hearing. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. Planning Commission Minutes August 17, 2011 Page 2 PLANNING COMMISSION PUBLIC HEARING Chairperson L'Heureux asked Mr. Neu to introduce the first item. 1. CP 06-19(A) - MUROYA SUBDIVISION - A request for approval of a Condominium Permit Amendment to enlarge a detention basin and re-site eight (8) units of a previously approved 37 unit detached air-space condominium project on property located north of Aviara Parkway, south of Corte Orchidia, east of Towhee Lane, and west of Black Rail Road within Local Facilities Management Zone 20. Mr. Neu introduced Agenda Item 1 and stated Assistant Planner Dan Halverson would make the Staff presentation. Chairperson L'Heureux opened the public hearing on Agenda Item 1. Mr. Halverson gave a brief presentation and stated he would be available to answer any questions. Chairperson L'Heureux asked if there were any questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. April Tornillo, representing Taylor Morrison Homes, 501 Beach Street, Encinitas, gave a brief presentation and stated she would be available to answer any questions. Chairperson L'Heureux asked if there were any questions of the applicant. Seeing none, he asked if there were any members of the audience who wished to speak on the item. Chairperson L'Heureux opened public testimony on the item. Tawny Lawrence, 1593 Corte Orchidia, Carlsbad, stated that because of the previous zone change on this property she has been unable to sell her home. She stated she would like the Planning Commission to instruct Taylor Morrison to purchase her home at fair market value or the Commission needs to consider changing the zoning. Ms. Lawrence also asked that a solid wall be constructed between this new project and her property. She further stated that she would like the noise level be policed. Chairperson L'Heureux asked if there were any other members of the audience who wished to speak on the item. Seeing none, he closed public testimony on the item. Chairperson L'Heureux asked if there were any questions of Staff. Commissioner Nygaard asked for clarification regarding complaints for noise and dust on project sites. Mr. Halverson stated that projects have to comply with conditions during the grading of a site, specifically for dust and noise. Typically the construction foreperson's name and contact number is posted on a sign on a project site so that citizens can contact him or her if there any issues during construction. Citizens can also call city staff. Commissioner Arnold asked Ms. Lawrence where her home is in relation to the project. Ms. Lawrence directed the Commission's attention to a slide on the screen and pointed out her house. Commissioner Arnold stated that this project is for single family homes however it is covered under a condominium permit. Mr. Neu stated that a large portion of the project is being preserved as open space. In order for developers to retain the amount of units they would have been able to build prior to adoption of the city's Habitat Management Plan (HMP), it allows developers to cluster or move the development and the density to the area of a site not being preserved as open space. Because the area surrounding this development is predominantly single family homes, Staff worked with the applicant to have a product type that would achieve the density and to have a detached product. The form of ownership is a condominium however the homes will look like single family homes with exclusive use areas or yards. Mr. Neu stated that this type of product is something that is recommended by the HMP in order to transfer development away from the open space areas. Commissioner Arnold asked how many single family homes would be proposed if the product type were single family homes. Mr. Neu stated he believed it Planning Commission Minutes August 17,2011 Page 3 was approximately the same number of homes. He further stated that the same number of units are being placed in a smaller portion of the site. Ms. Tornillo stated that they have worked to preserve as much of the open space to the greatest extent possible which is about 10 acres of the entire development. The condominium designation allows for more flexibility with regards to the habitat. Commissioner Scully inquired about the complaint procedures. Mr. Halverson stated that if the city receives a noise complaint from a construction site, typically the Code Enforcement Division will respond. Mr. Neu added that the comment from the speaker was related to weekend work and that would be the case that the building department does not work on weekends unless there are special inspections occurring. With any complaints, even those from a weekend, Staff communicates with the Building Inspectors or the Construction Management Inspectors. If the complaints persisted, it could impact future inspections for that project. Tawny Lawrence stated that the noise issues on project sites happen on week days too not just weekends. Commissioner Scully asked if the developer could replace the current project information sign with something that did not refer to the project as condominiums. Mr. Halverson stated yes. Mr. Neu stated that those signs are created at the developer's discretion. Commissioner Siekmann asked if there is a monetary penalty with starting construction before the allowed start time. Mr. Halverson stated no. Commissioner Siekmann asked if a mesh fence needs to be erected around the project site. Mr. Halverson stated construction fencing will be around the entire site and there will also be habitat fencing around the habitat area. Commissioner Siekmann asked how tall the construction fence will be. Mr. Halverson stated the fences are typically five to six feet tall. Commission Siekmann asked if the applicant would be agreeable to putting up signs that promote the project as being detached homes as opposed to condominiums. Ms. Tornillo stated she would be agreeable to that. Commission Siekmann inquired as to the price range for the homes. Ms. Tornillo stated the prices have not been determined yet. Chairperson L'Heureux asked for clarification regarding the early public notice signs on project sites. Mr. Halverson stated there is an approved template for what information the signs need to include. The signs are usually placed on project sites by the project applicant about 2 to 3 months prior to the scheduled hearing and are to be removed after the hearing. Chairperson L'Heureux asked if there is a process for having signs removed on project sites that have since been approved. Mr. Halverson stated the developers are supposed to remove the signs after the project has been approved; however if there are instances where the signs are not removed in a timely manner, city staff can be notified and they will remove the signs. Commissioner Black asked Ms. Lawrence when she had originally planned to sell her home. She stated as soon as the zoning was changed on this property. Commissioner Black stated that the project before the Commission tonight is for the placement of the previous approved homes. Mr. Halverson stated that was correct. Chairperson L'Heureux stated that the Commission did receive an email from Mr. Tucker regarding this item. DISCUSSION Commissioner Nygaard stated this project is here for approval because of the changes in rules from the Regional Water Quality Board. She further stated the project is not increasing the number of units from the previous approval. Commissioner Nygaard commented that the larger detention basin will be an asset to the community because it will offer better protection for the environment. She stated she can support the project and suggested that the applicant make changes to the information sign for the project to refer to the homes as detached homes not condominiums. Planning Commission Minutes August 17,2011 Page 4 Commissioner Siekmann stated that the sooner construction can start on the project the better it will be. Commissioner Arnold stated he can support the project. Commissioner Black stated his concurrence with his fellow Commissioners. Commissioner Scully also stated her concurrence with her fellow Commissioners and also urged the applicant to make changes to the signage for the project. Commissioner Schumacher commented that the policies of the Regional Water Quality Control Board will make the project better than the previously approved project. He stated his support of the project. Chairperson L'Heureux stated he can also support the project. MOTION ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6798 approving a Condominium Permit Amendment (CP 06-19(A)) based on the findings and subject to the conditions contained therein and recognizing for the record an email from Craig Tucker dated August 17, 2011. VOTE: 7-0 AYES: Chairperson L'Heureux, Commissioner Arnold, Commissioner Black, Commissioner Nygaard, Commissioner Schumacher, Commissioner Scully and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson L'Heureux closed the public hearing on Agenda Item 1 and asked Mr. Neu to introduce the next item. 2. GPA 07-02/LCPA 07-02/ZCA 07-01 - ENVISION CARLSBAD PHASE 2 - Staff presentation and Planning Commission discussion of draft alternative plans for the General Plan update. Mr. Neu introduced Agenda Item 2 and stated Community and Economic Development Director Gary Barberio would make the presentation along with project consultant Rajeev Bhatia. Mr. Barberio and Mr. Bhatia gave a detailed presentation regarding recent changes to the Envision Carlsbad project timeline as well as alternative plans for each Focus Area. Commissioner Nygaard asked how transportation modes will be addressed and how they will fit within each Focus Area. Mr. Bhatia stated that issue will be examined as well as issues regarding connectivity with other zones. Commissioner Black asked for clarification regarding the concept areas. Mr. Bhatia stated the goal is to look 30 years down the road and make sure there is a land use balance throughout the city. Commissioner Arnold inquired about the activity centers. Mr. Bhatia stated those areas are areas where one would expect dining opportunities such as restaurants or cafes. Commissioner Nygaard commented that each of the three concepts will be examined by the Planning Commission at a later date. She would like to see overlays showing transportation, open space, commercial, etc. so that it is very clear how it will all work together. Planning Commission Minutes August 17, 2011 Page 5 Commissioner Nygaard stated Focus Areas 1, 8 and 9 should be considered one focus area so that everything will work better together. Commissioner Schumacher commented that for Focus Area 11 he is concerned with the alternative showing the existing commercial uses being changed to residential. He stated he feels that area is in need of more commercial uses so residents would not have to drive so far to get gas or to go grocery shopping for example. Commissioner Nygaard stated her agreement with Commissioner Schumacher. She stated it will be very important to create places or clusters where the residents can get the necessary services without having to drive miles and miles. It will also help with the traffic flow throughout the city. Commissioner Black stated he would be inclined to leave Focus Area 11 as strictly commercial. Chairperson L'Heureux commented that all of the alternatives should remain as proposed so that the community has options to consider. RECESS Chairperson L'Heureux called for a 10 minute recess at 7:56 p.m. MEETING CALLED TO ORDER Chairperson L'Heureux called the meeting to order at 8:06 p.m. with all Commissioners present. Chairperson L'Heureux opened the public testimony on Agenda Item 2. Kasey Cinciarelli, Lyons Court, Carlsbad, stated that Envision Carlsbad needs to focus on open space and trails. Don Christiansen, 3715 Longview Drive, Carlsbad, stated he would like to get this effort back to the grassroots effort it originally started out as. He stated he would like to see the focus on sustainability which depends on economic, environmental and social aspects. Michael and Marja Selman, 4901 El Camino Real, Carlsbad, stated they are concerned with the deletion of the commercial use in two of the three concept maps on the site at 4901 El Camino Real. Mr. Selman stated he feels a mixed use development would be the best option for the site. Chairperson L'Heureux asked if there were any other members of the audience who wished to speak on the item. Seeing none, he closed the public testimony on the item. DISCUSSION Chairperson L'Heureux stated that the graphic presentations that have been presented to the Planning Commission as well as the Envision Carlsbad Committee fail to depict those projects that have been approved and how those approvals impact the Focus Areas. He inquired as to whether the developable properties have been analyzed with the constraints of the property taken into consideration. Chairperson L'Heureux stated there has also been a lack of representation of new open space to be acquired or added to the existing inventory. He stated that prior to taking this out to the public for comments, there should be some sort of graphics that show open space to be added since open space is one of the primary core values. Chairperson L'Heureux also commented that when this is out for the public to review, the language needs to be something that everyone understands and not in planning terms. Commissioner Nygaard stated she would very much like to see graphic overlays, one showing all the open space, another showing all the transportation, so that you can see how all the pieces will fit together. She would like to see the coastal corridor as one large focus area. Commissioner Siekmann suggested putting the survey online or even advertising the survey with the water bills directing people to take the survey online. Planning Commission Minutes August 17,2011 Page 6 Commissioner Arnold stated he agreed with Commissioner Nygaard with the need for an overlay particularly one showing open space, trails and bike paths. He stated that the survey is a vital pa'rt of this process and suggested having a survey online. Commissioner Arnold further commented that he is concerned that some of the graphics completely deleted existing commercial uses. He stated that low density should be proposed in part of Focus Area 3. Finally, he also believes that the coastal area should be viewed as one focus group and not three separate areas. Commissioner Black stated he agrees with his fellow Commissioners. He would like to see examples from other areas in the country that depict the proposed land uses. Commissioner Scully also stated she feels the coastal area needs to be one cohesive unit. She stated the parks and trails need to be shown now as opposed to later. Commissioner Scully further commented that there are too many maps and graphics and suggested using only one or two. Commissioner Schumacher stated that Staff should look at Focus Area 4 again to make sure all the suggested alternative uses are reflected on the concept maps. He further stated that the parks and open space areas need to be rolled into the conversation now. Commissioner Schumacher stated that approved projects that have not been built yet also need to be shown on the maps now. Chairperson L'Heureux commended Staff and the Envision Carlsbad Committee for all their hard work and effort into this project to date. He stated this gave him a great deal of clarity on the project. He further commented that the public was very vocal about pedestrian connectivity across the railroad tracks. COMMISSION COMMENTS None. PLANNING DIRECTOR COMMENTS None. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of August 17, 2011, was adjourned at 8:46 p.m. DON NEU Planning Director Bridget Desmarais Minutes Clerk