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HomeMy WebLinkAbout1962-11-13; Planning Commission; MinutesCITY OF CARLSBAD Minutes of: PLANNING COMMISSION Date of Meeting: November 13, 1962 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers ~~""_~"""""~"""""""~"""~"""".""""~"~~"""-"~~~ RGLL CALL was answered by Commissioners Grant, Ewald, Palmer, Jarvie and Sonneman. Commir oioners Davis and Ward and Secretary J. H. Price were absent Also present was Uhland B, Melton, Planning Technician. APPROVAL OF MINUTES OF OCTOBER 23, 1962. A motion was made by Com- missioner Sonneman. and seconded bv Commissioner Grant that the minutes of October 23, 1962, were approved as submitted. All Ayes, motion carried. ~. ~ WRITTEN COMMUNZCATIONS. There were no written communications. ORAL COMMUNICATIONS. L. E. COLE, 2438 Jefferson Street registered objection to the weeds and old grass opposite his place on Jefferson Street and asked that this be taken care of, Chairman Ewald informed Mr. Cole that this should be taken to the Council instead of the Planning Commission but the Commission would make this a part of the min- utes so the Council would be aware of this condition. PUBLIC HEARING: (a) RECLASSIFICATION - Request of K. W. Fether , dba D;K Development Company to consider a change of zone from R-1 (Residential) to R-3 (Multiple-Family Residential) on property located easterly and westerly of Jefferson Street between Las Flores Drive and U. S, 101 Freeway; said property being portion of Laguna Mesa Tracts, Tract No. 2 , Map 1719 in the City of Carlsbad. Notice of hearing was read. Mr. Melton certified as to publication of adice of hearing and the mailing of notices to property owners in the area, Mr. Melton then read the application setting forth the reasons for requesting the zone reclassification There were 7 letters of protests from the Zolbwing: L. E. Cole, Sr. , 2439 Jefferson Street, Carlsbad William H. Martin and Maymo H. Martin, llOQ tas Flores Drive, Carlsbad Iva M. Grober, Carlsbad Ernie H. Sherman and Mable M. Sherman, 1148 bs Flores Drive e Carlsbad Lake E, Buckingbam, 11 07 Las Flores Drive, Carlsbad John M. Siegel, 2334 Pi0 Pic0 Drive, Carlsbad William W. Rogero aad hioe T. Roger6. 2465 Jefferson Street, Garbbad The Chairman asked which property owners were represented on the map. Mr. Melton explained that Mr. Fether was in the process of buying two lots of prapedy and that there were two variances granted in the area. There was a discussion that all of the property owners werc hat in favor of this and did not sign the application for a zone change. The Commission felt that the application was not legal since all of the property owners had not signed the appli- cation. A motion was made by Commissioner Grant and seconded by Cornmissioner Palmer to continue this hearing to November 27 , 1962, in order to get the opinion of the City Attorney as to whether the application was legal. All ayes , motion carried. Commissioner Grant stated that it would be well if the City was fortunate to have a City Attorney who would attend the meetings* PUBLIC HEARING: (b) RECLASSIFICATION - Request of Allen Development Company to consider a change of zone from R-1 (Residential) to R-T (Residential-Tourist) OR on property located os the southerly end of Harbor Drive between U. S. Freeway 101 and Santa Fe Railway; said property being portion of Thum Lands, Tract 233, Map 1681, R.O. S. 3258 in the City of Carlsbad. Notice of hearing was read. Mr. Melton certified as to publication of notice of hearing and the mailing of notices to property owners in the area. Mr. Melton then read the application setting forth the reasons for requesting the zone reclass- ification. There was no correspondence for or against this matter . Mr. Melton asked the Commission if they had received the staff report on this zoning and presented maps of this property that he had prepared. He explained that a portion of the property is under water an6 tkre is an undedicated road down to the water so that people can bring their boats down. At the present time the staff is aut certain about the depth of the R -T zone. He had asked Mr. Allen to help them by having a transitional zone of R-3 berween the R -T zone and the R-1 zone. The terrain is such that it would allow 1 1/2 stories above the top elevation of the ground The 6dlmming pool and parking will be in the background and the caretaker's quarters will also be in back. R-T allows other types of development. There will be 26 uni@ renting at $300. per month. Mr. Allen would go along with setting up a transitional zone that would be 50' in depth and would take in all of the property in back. Mr. ' Melton stated that he recommended this providing that the Allen Development Company accepts a transitional zone change with plot plans. W. G. ALLEN, 2688 Jefferson, stated that he is one of the owners of this develop- ment and that it is a family affair. He stated that this is a long range plan and they do not plan to develop it in the near future. This type of rent is not feasible for Carlsbad at the present time and may not be for five years to come, but believes that eventually this will be the best use of the property, The reason they are going ahead with the R -T zoning is so that when the right time comes along they they woulc be able to develop this property. These are preliminary plans and do not show the bathing and boat plans. Mr. Allen stated that he had worked hard for the develop- ment of the harbor and this would be an alternate private development of the harbor since there has not been any harbor development. He thought there were sewers on Chinquapin which they would be able to connect to. The application was for R-T on the entire property but Mr. Melton had suggested having a transitional zone of R-3, The property is now used by the public dumping trash there. The cul-de-sac is dedicated and public, and there is one pipe line easement. -3 - - ” preliminary Commissioner Grant stated that since the pxsdse plans are only tentative, if the body were to grant this, Mr. Allen coutd put in other development there as R-T permitted uses are broad. MR, ALLEN stated that it was his understanding that the City plans to zone the property along the harbor to R-T. JOHN WREN, 4175 Jefferson asked why all of this property along the harbor is not zoned R-T and stated that he is in favor of it being R-T. He has had as many as 13 cars on his property and they leave beer cans there every day. He has no plans to develop his property but thinks it should e1l.h zoned R-T along there. The Chairman asked those opposed to speak. ELWOOD TRASK, 501 Chinquapin stated that he owns property to the east to the railroad tracks and is opposed to spot zoning until they definitely know where the sewer level will be by the Lagoon and have some plan for the water front. He thinks it has harmed the City by having spot zoning. He stated that he is not opposed to this development but R-T zoning permits apartment houses, etc. , and if they have spot zoning, what is to prevent fish stands or places to buy bait. He agrees with Mr. Allen that they cannot keep the public out. He is in a position to see all that goes on on his property and it has not helped the property to have the boat landing ramp. The police would have to be on duty all of the time to keep the people out. He is definitely opposed to spot zoning on the area between the railroad. If a high class development goes in, it would increase his taxes and if a lower class develop- ment were to go in it would have a detrimental effect on his property. H. J. HOWARD, 4075 Harbor Drive stated that he is opposed to the change of zone as he believes it should be zoned in an orderly fashion and is opposed to spot zoning. He believes there should be an additional street to this development before changing the zone as Harbor Drive is not a suitable access road and they are already using this for a raceway because of the ramp to the water. Since Mr, Allen does not plan to &I elop this for possibly five years, he feels that if this zone change is granted, it should be contingent upon this development. ROBERT GRABTREE, 4070 Harbor Drive stated that he agrees with Mr. Howard and objects to any increase in traffic on Harbor Drive. He believes in an over all development program for the lagoon, with suitable access and that this would be a money making scheme. He stated that he likes Carlsbad and bought his home on Harbor Drive and has 4 children and drives back and forth to San Diego to work. HARRY L. TRUAX, 4125 Harbor Drive stated that if this had come up two months ago, he would not have bought his property, as it just has one access and the streets are poor. He believes the development portion of the lagoon should have a separate access, and that a commercial development will down-grade the area. MRS. HAROLD 3. HOWARD, 4075 Harbor Drive, stated that they purchased their property because it is in a quiet area and although she has no small children, she is concerned with the safety of the children and did not want to see any of them hurt as it is difficult to confine small children to their own yards and there are no side- walks there. If Mr. Allen wants to put a watl all around this property and have another access she would not have any objections to this development, She questbred how this development would increase the value of their property, and if it increased the value, who would want to buy it. The Chairman stated that he felt the questions were out of order and were not relative to this hearing, as the Commission are concerned with the proper use of the property. Commissioner Grant stated that if this development would down grade the property, the Commission would be concerned. ':be Chairman asked for rebuttal from the applicant, MR. ALLEN stated that the road into this area must be bought and paid for by the City or Harbor if it were formed. When he was on the Harbor Commission, they h& it appraised and an estimate made for a 60' street, Jefferson takes 10 times the traffic Harbor Drive does. They knew when they bought the property that children would play there. As for spot zoning, there is the YMCA by the railroad, Fox's Snug Harbor has R-T but he does not expect to have this kind of development. This is not cheap property and they do not intend to put anything cheap there. Harbor Drive has a 60' right of way. The public hearing was closed at 8:45 P.M. MR. CRABTREE asked to speak. Commissioner Sonnernan asked that this hearing be held according to the rules and regulations since &'no Grabtree was not speaking for a group. Points that were brought out in discussion by the Commission were the study of the Lagoon zoning , spot zoning , €3 -T zoning on Carlsbad Boulevard approximately 700' south of the bridge; the Conditional Use Permit for the YMCA by the railroad, the access and the blind corners getting to this area: that R-T and multiple dwellings would cause more congestion and traffic; that sewers are not going to be available there for sometime. Commissioner Sonneman stated that she thought it was an error to submit the plans at this time. Mr. Allen could open up Harbor Drive and could have 9 lots in there which would bring a lot more vehicular traffic on this street. It does not make good sense to keep the property there R-1 since the people probably bought near the lagoon so they would be there if it were a harbor. She believes that the property easterly from the railroad along the lagoon should be rezoned and the Commission should initiate action on this , also that Jefferson Street should be extended to the lagoon, as there is just an easement there now but if the property is opened UP, the City will have more revenue. She believes the people would like this fine development and that it is not likely there would .be many children living in these apartments. She is in favor of R-3 but is not sold on R-T and believes the plans were premature in being presented at this time. There was further discussion about studying the zoning along the lagoon and extendiq the arc3 to be zoned. Cornmissioner Sonneman asked Mrs. Gerow if she would be willing to give 20' in additional rights of way for the widening and extension of Jefferson Street. MRS. ESTELLE GEROW , 4182 Jefferson Street, stated that she 3es not like commercialism along the lagoon but thinks they should have nice homes along there. She stated that she would be willing to give the property but would not be able to pave the street and that her neighbor , Mr. T. A. Kuszinski, 4095 S. Jefferson, had stated that he would be willing to give property for the street also. MR. WREN stated that he would give property also for the street but would not pave& it. MR. ALLEN stated that he had discussed this with the other property owners bibis Development and they could dedicate 50' of their property is it could be joined to Jefferson Street . It was agreed that this reclassification from R-1 to R-T be denied for the following reasons: 1. That the access to this property is inadequate. 2. That there were many oral protests at the hearing. 3. That the Planning Commission do have a study committee on the water front zoning and a Planning Technician Advisor and will study this and will come up with something adequate , and the access to the water front will be adequate to this properTl, 4. That the Planning Commission on its own initiative ia studying the lagoon area and intend to proceed with rezoning a larger area. Resolution No. 270. A RESOLUTION OF THE CARLSBAD CITY PLANNING COMMIS- REQUEST FOR RECLASSIFICATION OF CERTAIN DESIGNATED PROPERTY IN THE CITY OF CARLSBAD FROM R-l TO R-3, was unanimously adopted on Commissioner Jarvie's motion, seconded by Commissioner Sonneman. A short recess was called at 9:12 P.M. Reconvened at 9:28 P.M. PUBLIC HEARING : (c) RECLASSIFICATION - Amendment to Ordinance No. 9060, to consider reclass- ification from Zone R-1 (Residential) to Zone R-3 (Multiple Residential) on property Lying southerly of Chinquapin, westerly of Adams, northerly of Harrison and easterly of U. S. 101 Freeway, being portion of Thum Lands, Blocks A and D, Resub division Portion Tracts 238, 243, Map 2103 in the City of Carlsbad; said reciassifica- tion being initiated by the City Planning Commission under the provisions of Resoltiion of Intention No. 36. Notice of hearing was read. Mr. Melton certified as to publication of notice of hear- ing and the mailing of notices to property owners in the area. Mr. Meiton reviewed Resolution of Intention No. 36 initiating this reclassification. There were no oral or written communications. Mr. Melton presented maps of the proposed area to be rezoned, and explained that the sewer line can serve Chinquapin. It will be difficult to have sewers on the lower portion, Locust and Harrison, because of the terrain, Iby. Ganoe property is next to the freeway. It may be necessary to purchase a portion of Harrison Street to get the right of way in. The Chairman asked if anyone wished to speak. No one present spoke for or against this request. The public hearing was closed at 9:39 P.M. C. R. Thornton, Assistah% Engineer , stated that Harrison Street has a 40' width and Locust has a 40' width. (Right of way). The Chairman explained that at the time the Re solution of Intention No. 36 was adopted the Commission had discussed leaving a buffer zone along Adams Street of R-1 but they had decided to advertise all of it as R-3 as they could reduce this but not increase the zone and could have 105’ along Adarns as R-1 as they have between Tamarack and Chinquapin. The Chairman asked about adopting a precise plan for the w:dth of the street. Things have been recommended such as widening of certain streets. They would have to have a public hearing for precise planning. Mr. Thornton stated that the Engineering Department is presently considering requea- ting the dedication of rights of way lith street improvements on zone reclassification from R-3 and higher zones. It is difficult to get them after the zone reclassifications have been granted. This could be done by amendment toi2.t Ordinance. Commissioner Jarvie stated that it was evident from the previous hearing that property owners are willing to give property for rights of way. Commissioner Sonneman asked if the street proposed in the Patterson report was stiLL reserved for a street along the Lagoon or if it had been abandoned. Mr. Melton stated that the Patterson report was not adopted. The Chairman stated that it would be nice if this was carried out and if sewers were available . Mr. Thornton stated that the Engineering Department are negotiating for rights of way for a trunk line sewer easement along the North shore of the lagoon. Commissioner Sonneman stated that if people would attend the meetings, they would be surprised at the cooperation they would get. Mr. Melton explained the dl fference between potential zoning and precise planning and that precise planning will not affect the property as to the rezoning. There was a discussj. n about the precise planning of streets. The Chairman stated that the Commission could approve the rezoning subject to precise planning by the Engineering Department or the Planning Technician, and : everyone in the area will be notified of the hearing to precise plan this. Commissioner Grant suggested continuing this and to set it for further hearing in 90 days and to have a precise plan. The Chairman explained that they have spent money advertising this and felt they should act on it. Mr. Melton stated that Mr. Price, the Secrel-rry, had left instructions that if they continue the public hearing to a later date, they should not close the public hearing. After a discussion about re-opening a hearing, Commissioner Grant asked Mr. Melton to consult the City Attorney about it. MA YOR E. H. McPHERSON stated that at a meeting of the Council, after the public hearing was close& some gentleman in the audience wanted to speak and the City Attorney informed him he coult’ not speak. The Council or Commission can ask the public questions after the hearing is closed but the public cannot talk unlecss asked a que stion. It was agreed that the following facts exist: 1. That the area is not properly zoned at present for its highest and best use, 2. That a comprehensive general plan for the development of the whole area is necessary for the ori'erly development of the area, 3. Such a rezoning would better suit the comprehensive general plan and further the economic interests of the City and the individual property owners concerndo. Resolution No. 271. A RESOLUTION OF THE CARLSBAD CITY PLANNING COMMIS- CERTAIN DESIGNATED PROPERTY IN THE CITY OF CARLSBAD, SUBJECT TO PRECISE PLANNING BY THE CITY STAFF WITH A HEARING TO BE HELD ON THE PRECISE PLANNING IN 90 D .YS, was unanimously adopted on Commissioner Grant's motion, seconded by Commissioner Palmer. -G RECLASSIFICATION FROM ZONE R-1 TO ZONE R-3 OF The Commission felt they should have the City Attorney at the meetings when they needed legal advice. OLD BUSINESS: (a) Height limitations on buildings. - Report from Uhland B . Melton, Planning Technician. Mr. Melton stated that in San Diego this is not tied in with zoning but by special districts. He will study this further and have a report Later. (b) I'M" zoning on portion "East Carlsbad Annexation No. 2.2". -Report from Uhland B, Melton, Planning Technician. Mr, Melton presented a topography map showing the terrain of the property. He stated that he talked to the County Airport Property Management and they hope to extend the runway of the airport for jets to EL Camino Real, which would require changing El Camino Real.. He talked with the property owners and many who fly this area think this would make a fine industrial park. Utilities and improvements are necessary today, before the City can attract new industry, The elevation of the landing strip is 325' and is in a direct east west line off of the annexation point and Palomar Vista Incorporated are very intereskdiuthe deveLopmeqt of an industrial site there. Mr. Melton stated that he is in favor of a proposed "M" zone there. The Chairman commended Mr. Melton for his presentation and clarity of the study he made. After due consideration, it was agreed that a Resolution of Intention No. 37 be adopted to rezone a portion of "East Carlsbad Annexation No. 2.2" which is R -A to IIM" zoue on that portion which is being described by Mr. Melton, consisting of 401 acres, and that a hearing be held on December 11, 1962 for the following reasons:& approximately 1. That the City is in dire need of additional r'M" zone area. 2. That the Location of this are3 is compatible with future development. 3, That it is consistent with the development of the airport adjacent to this Land. 4. That the utility extensions and sewer facilities are being planned to service this area. Resolution of Intention No. 37. RESOLUTION OF INTENTION NO. 37 OF THE CARL~BAD CITY PLAN~VEE-COMMISSION DIRECTING THE SECRETARY OF THE PLANNING COMMISSION TO ADVERTISE FOR A ZONE CHANGE FROM R-A TO "M' ON PROPERTY DESCRIBED AS A PORTION OF "EAST CARLSBAD ANNEXATION NO. 2.2" IN THE CITY OF CARLSBAD, was unanimously adopted on Commissioner Grant's motion, seconded by Commissioner Jarvie. (c) Lagoon zoning. Mr. Melton stated that he has been on the southern side of the lagoon and met with Frank DeVore, Governmental Right of Way Agent for the San Diego Gas and Electric Company, and he is in hopes that when they meet with the committee they can accept the San Diego Gas & Electric Company's master plans for the southern side of the lagoon at the same time as the northern side. The San Diego Gas & Electric Compqny wanted to put in an appiication and he suggested that they try to t -ork this out. Mr. DeVore is willing to meet with the committee of Commissioners Sonneman and Jarvie Chairman Ewald, Secretary Price and Mr. Melton. The meeting is to take place at 1O:OO A.M., Monday morning, November 19, 1962, in the Council Chambers. NEW BUSINESS: (a) Objectives and Folicies by the San Diego County Regional Plan. Bulletins 1, 2, 3, 4 and.5 o€ the Saa Diego CcrrAy Zegionat Plan were presented to the Commission. (b) Report from Parks and Recreation Commission on the San Diego County Regional Plan for Recreation. Letter from H. A. McMillan, Secretary of the Parks and Recreation Commission dated October 20, 1962, stating the Parks and Recreation Commission was in general agreement with the preliminary statement of Alternates, Part 4 of the San Diego County Regional Plan as set forth by the San Diego County Planning Department Secretary Price is on the technical committee for Parks and Recreation of the San Diego County Planning Department. Mr. Melton stated that he would like to represent the department as the Regional Planning Technician. By common consent Mr. Melton is to represent the Planning Commission as the Regional Planning Technician also There was a discussion about sending a letter to the Council for the need of legal representation at the hearings, and having the City Attorney look over the Agenda and make recommendations to the Planning Commission, and that she should make a report even if she is not at the meetings. A motion was made by Commissioner Grant and seconded by Commissioner Sonneman requesting that a memorandum be sent to the Council asking for legal representation at the mest.ings, was unanimously adopted. Adjournment. By proper motion the meeting was adjourned at 10:48 P.M. Respectfully submitted, J. H. PRICE , Secretary By