Loading...
HomeMy WebLinkAbout1962-11-27; Planning Commission; Minutes.- CITY OF CARLSBAD Minutes of: PLANNING COMMfsSXON Date of Meeting: November 27, 1962 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers """""""""""")-""""""*"""""""""""""""""""- ROLL CALL was answered by Commissioners Davis , Grant, Ewald, Palmer, Jarvie and Sonneman. Commissioner Ward was absent. Also present were Uhland B. Melton, Planning Technician and Secretary Price. APPROVAL OF MINUTES OF NOVEMBER 13, 1962. A motion was made by Com- missioner Grant, and seconded by Commissioner Jarvie that the minutes of November 13, 1962, be approved as corrected. All Ayes, motion carried. WRITTEN COMMUNICATIONS: Letter from R. Dale Harris, 4080 Harbor Drive , dated November 15, 1962, commending the Commission for the manner in which they handled the Allen Development Company's request for re-zoning on November 13, 1962. He also stated that the Commission's decision to continue the study of zoning ordinances, access roads, and harbor development in general was the only prudent answer to the case in point. He also offered to serve on a committee or assist the Commissior in any way. Letter from J. Dekema , Assistant State Highway Engineer , Division of Highways, dated November 7, 1962, with an attached map of the freeway development and progress map of District XI during the past year , and it was ordered filed. It was the unanimous decision of the Commission, on Commissioner Sonneman's motion , that a letter of thanks and appreciation of his consideration be sent to Mr. Harris. ORAL COMMUNICATIONS: There were no oral communications. PUBLIC HEARING: Continued - RECLASSIFICATION - Request of K. W. Fether, dba D-K Develop- ment Company for a change of zone from R-1 to R -3. Chairman Ewald asked the Secretary to read the application in order to refresh the Commission's minds. Notice of hearing was read. The Secretary certified as to publication of notice of hearing and the mailing of notices to property owners in the area, and that the hearing had been continued due to technical reasons which had been corrected. The Secretary then read the application setting forth the reasons for requesting the zone reclassification and the signatures of property owners approving this. The Secretary read the 7 letters protesting this reclassification. Mr. Melton pointed out on the map the property owners in favor of this rectassifi- cation. The Chairman asked to hear from the applicant or his representative. -2 - PAT TIERNEY, Real Estate Broker, 603 Third Street, Oceanside, stated that he represented the applicants, and that this development would be similar to the Coco Palms in Oceanside and would be quiet residential type apartment units that will rent from $150. per month up. Mr. Briggs and Mr. McDonald are in favor of this reclassification and the property at the end was in probate and the administrator was not in a position to sign the application. Mr. Tierney presented preliminary sketch4 of a two-story apartment building overlooking the lagoon. There would be 20 two- bedroom units in the Hawaiian type apartment, suitable for executives who could afford to live in $200. per month apartments. He was suppose to have the finished plot plans tonight but they were not completed, Commissioner Grant asked i€ they bought the property contingent upon rezoning to R -3 and Mr. Tierney stated that the price of the property did not WL rrant buying it if they could not put this type of apartment in. No one else spoke in favor of this reclassification. The Chairman asked those opposed to speak. LELANDE COLE, 2438 Jefferson Street, stated that it was far -fetched to put a 20 apartment building in that location in the midst of nice residential homes and to bring it before the Planning Commission. G. A. GROEBER, 2366 Jefferson Street, stated that the traffic is so bad at this location that it is hard to get in and out of the driveways now and that an apartment building would increase the traffic. MRS. IVA M. GROBER asked if the property belonging to the Nature Conservancy could come under this zone re :lassification. The Chairman asked if the application had been changed, and the Secretary and Mr. Melton stated that the request for reclassification had not been changed, Mr.W clton stated that the question was brought up at the former meeting, and according to the Ordinance a property owner can request reclassification of his property or property in the area. The Chairman stated that they have the staff report before them and would consider it after the public hearing was closed, and asked the applicant if he had any rebuttal. The public hearing was closed at 8:15 P.M. The Chairman asked for a staff report on this application. Mr. Melton stated that the property was in escrow at the time of the application and the application had been signed by D-K Development Company but the application had since been proper1 y signed by the legal owners, Mr. Rahe and Mr. Hick i'hier . Mr. Briggs and Mr McDonald are supporters of the application. Mr. Melton explained the location of the properties on the map and reported that two of the lots had re- ceived favorable reductions in front yard setbacks which are variances. The topog- raphy is very steep and will require variances to build on it. The homes in this are& are considered "estate type residences" and are very nice homes. At the present time the property along this lagoon is zoned R-A and R-1 and there is no R-3 zoning in this area. Jefferson Street is adopted on the Master Plan as a secondary street and it is on a curve area and a great many trucks use this to enter into the business area from Vista Way. The topography is very steep and portions of the driveway entrances would be steep and hazardous on this curve. It would be detrimental "spot zoning. -3- Commissioner Sonneman questioned the disposition of the closed street, Mr. Melton stated that half of the street is included in the request and the other half is not included. The property continues to the cehter of the street. The Secretary stated that it is a closed street, not open to vehicular traffic and that it belongs to the City. Commissioner Sonneman stated that all of the property originally went to the center. line of the street and asked Mrs. Grober if she remembered what she wanted to ask MRS. GROBER asked if the applicants had to builc' .&is type of apartment when he builds it as another party had not built according to the plans presented. The Chairman explained that if this is rezoned they would just have to build accord- ing to the City Building Code unless it was precise planned. The Secretary called attention to the fact that property on the north side of Laguna Drive had beea zoned R-3. The Commission discussed the width of Jefferson Street and improvements and the future zoning of property west of the freeway to R-3. It was agreed that the following facts exist: 1. That the majority of the property owners were not in favor of this reclassi- fication. 2. That the granting of this reclassification would be materially detrimental to property in the vicinity and zone .r 3. That the request is for Y3got-Zoning" and would be contrary to basic planning. 4. That the reclassification of property uses therein amended are not a public necessity or convenience to the general welfare of the City of Carlsbad. 5. That it would not be beneficial to the area and the community as a whole. Resolution No. 272. A RESOLUTION OF THE CARLSBAD CITY PLANNING CERTAIN DESIGNATED PROPERTY IN THE CITY OF CARLSBAD, was unanimous ly adopted on Commissioner Davis's motion seconded by Commissioner Jarvie. -G RECLASSIFICATION FROM ZONE R-l TO ZONE R-3 OF The Secretary informed Mr. Tierney that the applicant had ten days to appeal this to the Council but that it had to be in writing. Commissioner Jarvie stated that one of the letters of protest had stated that the Commission showed prefel cences and favoritism in the past on decisions that were handed down. He ~Ytcrted that he, as a Commissioner for six years * had tried to treat each reques't'on its own merits and had not shown any favoritism. -4 - PUBLIC HEARING: VARIANCE - Request of Walter L. and Grace M. Hill for a reduction in rear yard setback from 16' to 8' on property located on the northwest corner of the inter - section of East Forest Avenue and Highland Drive, being Lot 2 of Lebarr Estates Unit No. 1, Map 4675 of the City of Carlsbad. Notice of hearing was read. The Secretary certified as to publication of notice of hearing and the mailing of notices to property owners in the area. The Secretary then read the application setting forth the reasons for requesting this variance. There were no oraL or written communications received on this matter. The Chairman asked the applicant if he wished to apeak. WALTER L. HILL stated that he would be happy to answer any questions, but had nothing more to add to the application. No one present spoke for or against this request. The poblic Hearing was closed at 8:40 P.M. Mr. Melton explained that it was necessary to excavate the driveway from the garage to Forest Avenue as it is steep and the garage is presently enclosed. The new driveway is at the back of the house on Highland Drive. He stated that it was hit recommendation that this be granted as per plot plan. The Chairman asked if there were any further .;uestions. Commissioner Grant asked if the workbench in the carport would expose tools and if it would be compatible with the area. MR. HILL stated that there would be sliding doors to inclose the tools but there mig: be a vise set up. The Commission discussed the original garage and steep driveway and being a dangerous corner and agreed that the request for reduction of rear yard setback from 16' to 8' to allow for a carport should be granted €or the €allowing reasons: 1. That there are exceptional driveway. 2. That granting the variance the property. 3. That granting the variance the same vicinity and zoning. 4. That it will be much safer conditions with respect to location of existing as per plot plan is necessary for normal use of will not be materially detrimental to property in €or public safety. 5, That there were no protests. Resolution No. 273. A RESOLUTION OF THE CARLSBAD CITY PLANNING COM- -G A VARIANCE ON PROPERTY LEGALLY DESCRIBED AS LOT 2 OF LEBARR ESTATES UNIT NO. 1, MAP 4675 OF THE CITY OF CARLSBAD, was unanimously adopted on Commissioner So ,...x *,.-)an's motion, seconded by Commissioner Jarvie. A short recess was called at 8:48. Reconvened at 9:04 P.M. NEW BUSINESS: - (b) Discussion of Future Lot Splits for Dr. Palmateer at Tamarack & Highland --City Engineer The Chairman asked that this matter be brought up at this time if it was agreeable with the Commission. The Secretary presented maps from the City Engineer and read a report from the City Engineer on the above subject. The Secretary stated he would be remiss in his duties if he did not warn the Commission not to come to a decision or conclusion without having a public hearing. The Chairman stated that it was his understanding that the Engineering Department is making recommendations and the Commission is not making a decision but is to decide if a public hearing should be held on this. The Secretary read the report stating that Dr. Palmateer intends to split the proper- ty at some future time into 7 lots. A motion by the Commission before filing of the variance would be proper and the map is just for study. Chairman Ewald stated that the Master Street Plan has been amended on Tamarack Avenue to a secondary street and thereby creating 3 substandard lots. There is one existing building and the rest of the property is vacant. The back portion of his pro1 erty was included in Holiday Manor. The Commission discussed the number of lots and the amount required for a sub- division; variance in frontage for the 2 lots and reduction of the 3rd lot area and required side yard, because of the extension of Tamarack, and the legal problems involved. Mr. Melton asked if the City requires a variance in regards to a lot split. The Secretary sfated that if the lots created were substandard it was necessary to have a variance before obtaining a lot split. Mr. Melton stated that Dr. Palmateer has no problems at the present time but since he is offering the City land for a road that it is creating a problem. If he submits the plan which the Commission has before them, they could grant a variance on the lot split for 4 lots only and that they could grant a vartance subject to opening the street and the Planning Commission should initiate for a variance on these 3 lots. A property owner is entitled to 4 lot. splits a year. If more than 4 lot splits are mac within 1 year, it is then considered a subdivision. The State law states you can split 4 lots per year. The Secretary stated that in view of the fact that the Engineer's Report on Dr. Palmateer's future lot splits was not received until just prior to the meeting, he did not have a change to discuss this with the City Attorney. After considerable discussion it was unanimously agreed that a memorandum should be sent to the Council, on Commissioner Sonneman's motion, seconded by Commis - sioner Grant, asking their honorable body what action they wished the Commission to take on this and if the Commission should initiate a Resolution of Intention for a variance on the three lots to this areaand in view of Legal ramifications. if a public hearing should be had. -6 - Dr. Palmateer thanked the body and asked that the Planning Commission keep him posted on this matter. OLD BUSINESS: (a) Resolution of Intention No. 36. The Secretary explained that a reclassification cannot be adopted subject to certain restrictions as the Commission had done at the previous meeting and that it was his recommendation that a memorandum be sent to the Council that precise planning is necessary on Harrison Street and Locust Avenue before having a hearing on the reclassification. Mr. Melton stated that the Engineering Department could work on this in 90 days. Xt was unanimously agreed upon Commissioner Palmer's motion, seconded by Commissioner Jarvie that a memorandum be sent to the City Council asking their honorable body to request the Engineering Department to precise plan Harrison Strc at and Locust Avenue. OLD BUSINESS: (b] Lagoon zoning - Steering Committee Recommendations: 1. Ammend R-T zone The Chairman stated that he was sorry he was not able to attend the meeting. The Secretary stated that he had prepared a Resolution of Intention to amend the R-T zone but after studying it would like to carry this over to December 26, 1962 for further study and reconsideration. 2. Acquire Rights of Way for the Center Bay Area Mr. Melton stated that it is necessary to get an alignment from Jefferson Street to the laoon and explained on a map a proposed alignment to the lagoon and how it woqld benefit the property owners in the area as well as being a suitable access to the lagoon. Commissioner Sonneman stated that the property owners were anxious to give property on Jefferson Street. Mr. Melton stated that there is only a 12' easement south of Jefferson Street and Chinquapin. He showed the line 8jlp of Jefferson so it would be a through street. The intersection has to be hit at a 90 angle and it is necessary to pass through the intersection and then make a curve in the street before straightening out in order to make use of this easement and the property that the property owners are willing to give. Commissioner Sonneman stated that it was her understanding that Mr. Wren would give off of the north end of his property. Mr. Melton stated that he was under the impression Mr. Wren would give the same as Mr. Allen. The property owners have already committed themselves to give property but not the improvements, as the access would open property for develop- ment and this development is needed. It would be a local street with sidewalks on both sides. -7 - Mr. Melton stated that the road along the Atchison, Topeka & Santa Fe railway is a private easement given to the YMCA but in order to bring the road up to standard the City should acquire property for the width of the street. The committee decided that R-T zoning should be amended to have restaurants with cocktail lounges primarily for use of the guests but with no outside advertising. Commissioner Grant explained the two types of liquor licenses. The s:zc of R-T lots was discussed as they are presently 4000 sq. ft. Commissioner Sonneman stated that there are nice places on the beach that have 25' lots . Mr. Melton stated that the Gas t ELectrfa Company does not object to the water area being R-T. The lagoon should be changed to R-T instead of R-A. The Gas and Electric Company is willing to submit a Master Plan and a pre-ise plan. The align- ment for Terramar is very poor and will try to get a different alignment on this before accepting a precise plan. His original thought was to begin with Adams and Harrison and make Harrison a scenic drive but has since discussed this with the Engineering Department and they felt they should continue Adams and start the scenic drive from Hoover to Park Drive with sidewalks on the lagoon side only and have street trees, street lighting, and enough pavement to allow horizontal parking. The Chairman asked about the zoning by the Freeway as some of the property is still R-l-15,OOO sq. ft. Pirates Cove is R-T and C-2 and FOX'S Cove and Whitey's Landing are R-T. Mr. Melton stated that he has wanted to do the large map over but has to wait for the Engineering Department to bring their map up to date. Commissioner Sonneman stated that it was not diecussed how deep the R-T should be Mr. Melton stated that when they get something lined up with the Gas & Electric Company, they will start on the depth of R -T. The next step is to send a memo to the Council with a tentative sketch. The precise plan is required to be done by the Engineer who is doing the engineering for a subdivision and is required to include the adopted master plan of streets when someone submits a tentative sub-division. The Secretary stated that individual homes can be built and lot split can take place when there is no precise plan. It is necessary to have precise plans to prohibit this. Property is not encumbered unless it is precise planned. The Commission discussed the lot area and if building department can issue permits unless precise planued. Commissioner Jarvie asked if the Sportsman's Club had been contacted. The 'Secretiry reported that the Sportsman's Club is willing to let the City use their property for exchange of the use of City property near Calaveras Lake for skeet and trap shooting, .. Mr. Melton stated that it would take a 1911 act on improving Adams Street. -8 - It was unanimously agreed on Commission Jarvie's motion, seconded byCommis- sioner Sonneman that the Lagoon zoning - Steering Committee Recommendations be sent to the Council and that Mr. Melton write a memo of his recommendations and should go along with the memo and point this out to the Council and that property owners should be contacted in regards to the street. OLD BUSINESS: (c) Height Limitations on buildings. Mr. Melton stated that it is his recommendation that the height limitations should be removed west of the Freeway and believes the City is readv for high rise deveiopmer Mr. Melt n stated that it is Imf necessary to remove the limitdtions in "M" zones as industry &&& get& involved in high rise buildings. Economiually , residential zoning does not pay its way. The Secretary reported that it takes a residential value of $45,000. assessed valuation for a single family residence to pay its way. L .- Commissioner Grant asked the Chairman to instruct Mr. Melton to put this in writing for each member of the Commission's consideration accompanied by a map for December 11, 1962, if possible. NEW BUSINESS: (a) Precise Planning of Hi hland Drive and Hillside Drive. (6 2 The Chairman stated that Park Drive from Hillside Drive 1;p a secondary street and that part of Park Drive is 6&' by Shelter Cove and asked that the Commission recom- mend to the Council that Park Drive to El Camino Real be put in the Master Plan. should be Mr. Melton explained on the map the proposed streets and the extension of Terramirr Boulevard and there would be a ten percent drop and that a good grade would be necessary as trucks will be using this to get to Highway 101. Elm Street is under study for a Precise Planat the present time. He recommended that Park Drive be extended to El Camino Rea1 as a secondary street and be a part of the Master Plan before something is builpthere. According to the State Planning law, a City can go 3 miles outside. He stated that he would have a proposed route for December 26, 1962, if possible. The Chairman stated the Commission should have a priority list, and that he has a temporary list. 1. Precise planning of streets; Elm, Tamarack and other streets. 2. Zoning - overall general zoning. The Commission felt they should think about this. The Secretary stated that at the last Council meeting the City Council decided the Engineering Department was so far behind that no new projects would be referred to the Engineering Department for 30 days. Lt was the general feeling of the Commission that Mr. Melton should give a staff report but not advise the Commission as to their decision. He should give the facts but no recommendations and whether the application should be granted or not. -9 - ADJOURNMENT: By proper motion the meeting was adjourned at I1 :05 P. M. Respectfully submitted, J.'H. PRICE, Secretary