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HomeMy WebLinkAbout1971-04-06MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers, Civic Center Huntington'Beach, California-- TUESDAY, APRIL 6, 1971 PLEDGE OF ALLEGIANCE _ COMMISSIONERS PRESENT:- Bazil, Higgins, Porter, Slates, Miller Kerins,,Duke_ COMMISSIONERS ABSENT: None ACCEPTANCE OF MINUTES: By motion of Kerins and second of Porter, the minutes for December,l--and 15, 1970, and January 129 1971,-were accepted as transcribed., ITEMS CONTINUED OR WITHDRAWN: ZONE CASE NO, 70-13 Applicant:- Gulf Oil Corporation -Change of zone from R1 Single Family Residence District and C4 Highway Commercial District to R1 Single Family_Residence.Distriet and R3 Limited Multiple Family Residence District, R4 Multiple -Family Residence Districb and`C4 Highway Commercial District with a , 50 f t.. setback from the ultii"te right-of-way line. - - -The subject property is located on the north- westerly corner of Pacific Coast Highway and,Admiralty Drive. The Acting Secretary advised that the Staff and the City Attorney has requested a continuance _of -this item to the May 4, 1971 meeting,.- _ = - _ f A MOTION WAS MADE BY MILLER AND SECONDED BY BAZIL TO CONTINUE ZONE -CASE NO..70-13 TO THE MAY 4; 1971"MEETING. ROLL CALL VOTE: AYES:- Bazil, Higgins, Porter, Slates, Miller, Kerins NOES: None 'ASSENT: Duke THE . MOTI0i1 CARRIED. , _• � : ` ZONE CASE N0. 71-5 Applicadt: Huntington Pacific Corporation 1_. Change of zone from Cl-0 Neighborhood Commercial District combined with oil,production and C1 Neighborhood Commercial District -to C1-01 Neighborhood Commercial District combined with oil production. "Y The subject property is located on the southwest side of,Pacific Coast Highway, from a point midway between loth and llth Streets -to -a point 4007.,ft. northwest of_Goldenwest Street.- _ The Acting -Secretary` -advised that the Staff has requested a continuance of this item to the Apr11`209 1971 meeting and that the applicant,is in agreement. A MOTION WAS MADE BY•HIGGINS AND SECONDED BY KERINS TO CONTINUE ZONE CASE NO.,71-5-TO THE APRIL 209 1971 MEETING. -1- Minutes: H.B. Planning Commission April 6, 1971 y- Page 2 ROLL CALL VOTE: AYES: Bazil, Higgins, Porter,.Slates, Miller, Kerins NOES: None ABSENT: Duke THE MOTION CARRIED, PRECISE PLAN ALIGNMENT NO. 71-3 Said plan proposes to precise plan the street alignment for Lochlea Lane, Banff Lane, Cupar Lane and a street parallel to and approximately 660 ft. south of Atlanta Avenue. A_MOTION WAS MADE BY PORTER AND SECONDED BY MILLER TO CONTINUE PRECISE PLAN ALIGNMENT N0, 71-3 TO THE APRIL 209 1971 MEETING, TO ALLOW TIME FOR THE -SCHOOL DISTRICT TO SUBMIT FURTHER INFORMATION ON A PROPOSED SCHOOL SITE AT THIS LOCATION. ROLL CALL VOTE: AYES: Bazil, Higgins, Porter, Slates, Miller, Kerins NOES: None ABSENT: Duke THE MOTION CARRIED. CODE AMENDMENT NO. 70-14 _ Said amendment proposes to add Section 9730.26 to the Huntingion Beach Ordinance Code. The intent of said amendment is to provide, create and maintain a home environment for the care of non -re- lated persons: For the purpose of this section the definition of a -family has been modified to eight from five. Care of non -related may be permitted in any residential district subject,to the approval of an Administrative Review appli- cation by the:Board of Zoning Adjustments. The Acting Secretary advised that the Staff recommended a continuance of, -this item to allow the Staff sufficient time to contact the count�y'and state agencies for information on said matter which will be included in a report to be present*dto the Planning Commission at the April 13, 1971, study session. - k i A MOTION WAS MADE BY BAZIL AND SECONDED BY PORTER TO CONTINUE CODE AMENDMENT NO, 70-14 TO THE APRIL 209 1971,MEETING AND TO FURTHER STUDY THE CODE AMENDMENT AT THE APRIL 13, 1971; STUDY SESSION. ROLL CALL VOTE: AYES: Bazil, Higgins, Porter, Slates, Miller, Kerins NOES: None ABSENT: Duke THE MOTION CARRIED, CONDITIONAL EXCEPTION NO. 71-1 (Continued) Applicant: Fredricks Development Corporation To permit the construction of a 250 unit apartment'complex on approximately 8 acre parcel of land with the follow- ' ing exceptions.- 1. Averaging of density between the R2 and R3 portion of subject parcel; 2. Construction of carports at zero setback along the south and west property line in lieu of the required 5 ft. setback along the south and 10 ft.' setback along the west property lines; 3. Open carports in lieu of garages within the R2 portion of said development. -2- Minutes: H.B. Planning Commission April 6, 1971 Page 3 The subject property is located on the southwest corner of Atlanta Avenue and Newland Street in,the R2 Two Family Residence District, R3 Limited Multiple Family Residence District and R3-0 Limited Multiple Family Residence District combined with oil production. The Acting Secretary advised the Commission that this item was continued from the March 23rd meeting to allow time for the school district to determine whether or not,this property would be in- cluded as a part of the proposed intermediate school site to be located in this area. Mr: Harlow stated that the school district advised him'that they have not yet made this determination; therefore, the Staff recommends con- tinuance of this item with the applicant's consent. A MOTION WAS MADE BY KERINS AND SECONDED BY BAZIL TO CONTINUE CONDITIONAL EXCEPTION NO. 71-1 TO THE APRIL 209 1971 MEETING WITH THE APPLICANT'S CONSENT. ROLL CALL VOTE: AYES: Bazil, Higgins, Porter, Slates, Miller, Kerins NOES: None ABSENT: , Duke THE MOTION CARRIED. CONDITIONAL EXCEPTION NO. 71-20 Applicant: Maxine Elliott Enterprises, Incorporated To permit the following: 1) An existing warehouse structure to be used for retail sales with a small area for an auction facility; 2) The use of temporary parking on a separate parcel of land to the west; 3) A waiver of on and off -site improvements for said park- ing facility,for a period of 2 years. The subject property is located on the northeast corner of Heil Avenue and Gothard Street in the Ml Light Industrial District. The Chairman read the request. The Staff reviewed view graphs of the sub- ject property and surrounding land uses with the Commission. The hearing was opened to the audience. Mr. Gilbert Cotterall, Vice -President of Maxine Elliott Enterprises, Incorporated, stated that by granting this exception many independent businessmen would be able to go into business who otherwise could not because of rent. Also, this facility would offer an opportunity for patients of local convalescent homes to sell their hand -crafts. Mr. Cotterall explained that 2/3 of the warehouse would be used for miscellan- eous retail business and the remaining 1/3 would be used for warehouse purposes. He stated that the existing warehouse has 120 improved parking spaces. Mr. Cotterall informed the Commission that at facilities of this nature, approxi- mately 95% of the tenants are on a month to month basis, and that he will not allow business to be conducted outside of this warehouse. The Acting Secretary advised the Commission that the proposed retail.sales would require 5 times as much parking as the existing warehouse facility. Commissioner Higgins questioned the appli- cant's plans for additional parking which would be required for the proposed retail sales. t.' , Mr. Cotterall stated that in the terms of the lease, sidewalks'and other improvements must be in within one year and that he wishes a deferment on the paving. If this deferment is granted, the lot would be graded and oiled immediately for the parking area. -3- Minutes: H.B. Planning Commission April 6, 1971 Page 4 Betty Kennedy addressed.the Com- mission and spoke in opposition. She referred to a letter sent to the Commission from Mrs. Louie and stated that the letter sums up the concern of the general neighborhood. Chairman Slates read the letter. Mrs. Kennedy also asked what provisions would be made for parking if the ad- joining property, which is currently proposed for parking area, is sold. Lynn Regan addressed the Com- mission and stated she is concurred with Mrs. Kennedy and Mrs. Louie. She also stated that the noise level in the area is high as there is a lumber yard under construction and the train passes through. She stated that she objects to the traffic this use will create and that the unpaved park- ing lot will create a lot of dust for the homes backing onto the subject property. Mr. Paul Jones addressed the Com- mission and stated that he wishes the applicant to post a bond guaranteeing that improvements would be made within a specified time period. Mr. Robert Cowen addressed the Commission and stated he would be opposed to evening hours of operation and objects to the noise, traffic, and parking problems created by,this use. Mr. Paul Gillan addressed the Com- mission and stated that he feels this use would increase vandalism and thefts in the neighborhood. Mary Huffman addressed the Com- mission and asked what the days and hours of operation would be for the proposed use, and if -there would be sufficient parking. Mr. Cotterall stated that the hours of operation are as follows: Sunday_- - - - 9:OOAM to 7:00 PM Monday - - - Closed Tuesday - - - Closed Wednesday - - -11:00 AM to 4:00 PM Thursday - - 9:00 AM to 7:00 PM Friday - - 9:00 AM to 7:00 PM Saturday - - 9:00 AM to 9:00 PM He also stated that they would rent space to 150 people, they would have restrictions as recommended by the Police Department and each person would secure a business license from the City of Huntington Beach. Also that there would be no loud speakers, no heavy semi -trucks which a warehouse would have, they have a one-year uncancelable lease for the adjoining property to be used as'parking area and there would be dust control and controlled parking. Mr. Cahill addressed the Commission and stated that he felt that due to the increased traffic caused by this use, a traffic signal would be needed and this would be a burden on the _ taxpayers � -- -- COMMISSIONER DUKE: Commissioner Duke arrived at 7:45 and assumed his duties. ` Louis Regan, abutting property owner, stated he thought"this request would be precedent setting and that he would be opposed to any outside loudspeakers. Mr. H. Subnick addressed the Com- mission and stated that he is opposed to this type of operation. Mrs._Lynn Regan stated she is opposed to the hours -of operation. -4- Minutes: H.B. Planning Commission April 6, 1971 Page 5 Mr. Kirshner, leasing agent for the applicant, addressed the Commission and stated that this is an industrial building in an industrial zone and a million dollar improvement to the City. He stated that if the building was used strictly for warehouse purposes, that up to 50 semi - trucks could be traveling to and from the building, and also, the railroad would be used causing noise from coupling and uncoupling at all hours of the day and night. The proposes use would be cleaner than if used'for industrial, since they would be trying at attract people to the use and they feel the proposed use would be safer in regards to traffic than industrial use causing the semi trucks. He also stated that the City would derive tax benefits and revenue from the use. Commissioner Porter asked why the applicant is not concentrating on an industrial use. Mr. Kirshner advised that industry is in a depressed situation presently. was closed. There being no further business, the hearing Commission discussion was held. A MOTION WAS MADE BY SLATES AND SECONDED BY BAZIL TO DENY CONDITIONAL EXCEPTION MO. 71-20 FOR THE FOLLOWING REASONS: 1. The applicant failed to show sufficient hardship. 2. Said use is not permitted in the industrial district. 3. The applicant failed to provide sufficient parking. ROLL CALL VOTE: AYES: Bazil, Higgins, Porter, Slates, Miller, Kerins, Duke NOES: None ABSENT: None THE MOTION CARRIED, COMMISSIONER DUKE: Commissioner Duke was temporarily excused from the meeting. PRECISE PLAN N0. 70-6 (Continued) Said plan will establish access to and circulation within that property bounded by Beach Boulevard on the east, Southern California Edison Company right-of-way on the south, Gothard Street on the west, McFadden Avenue on the north and the San Diego Freeway on the northeast. The Chairman read the request. Mr. Ken Reynolds made a presentation of the precise plan and reviewed vu-graphs of the subject area. He advised that the property owners to be affected by this Precise Plan have been contacted. All owners with exception of the First Baptist Church have agreed to this alignment. The Staff has been unable to arrange a meeting with the church or to come to any agreement. Mr. Reynolds also stated that the Staff recommends adoption and transmittal to the City Council. Discussion was held. A MOTION WAS MADE BY SLATES AND SECONDED BY BAZIL TO RECOMMEND APPROVAL OF PRECISE PLAN NO. 70-6 TO THE CITY COUNCIL WITH THE ADDITIONAL INFORMATION THAT ALL PROPERTY OWNERS TO BE AFFECTED BY SAID PLAN ARE IN AGREEMENT WITH THE ALIGNMENT, EXCEPT THE FIRST BAPTIST CHURCH. ROLL CALL VOTE: AYES: Bazil, Higgins, Porter, Slates, Miller, Kerins NOES: None ABSENT: Duke THE MOTION CARRIED. -5- Minutes: H.B. Planning Commission April 6, 1971 Page 6 CONDITIONAL EXCEPTION NO. 71-8 (Continued) Applicant: Leonard 0. Lindborg To permit a 22 unit apartment complex on a parcel of land having-11,750 sq. ft. of area in lieu of the maximum 12 units permitted by ordinance. This conditional exception will result in an increase, in density from one unit for each 950 square foot of lot'area to one unit for each 534 square foot of lot area. The subject property is located on the southwest corner of-15th Street and Pecan Avenue in the R3 Limited Multiple Family Residence District. The Chairman read the request and stated that this item had been continued for decision only and that the major concern was the land use intensity. The Acting Secretary advised that another Conditional Exception application had been submitted by the applicant which will be heard by the Planning Commission next month, and that the plans submitted with that application has the same density but more open space. He asked if the newer plans could be substituted for the proposed plans being heard at this time. Tom Stewart, architect for the appli- cant, addressed the Board and explained the newer design layout. Discussion was held. A MOTION WAS MADE BY SLATES AND SECONDED BY BAZIL TO APPROVE CONDITIONAL EXCEPTION NO. 71-8 SUBJECT TO THE FOLLOWING CONDITIONS: 1. The plot plan shall be revised to meet the Land Use Intensity rating of 6.9. This is the intensity rating tentatively established for this area and this type of lot. 2. The newer apartment design shall be submitted to the Board of Zoning Adjustments for review to establish conditions of approval as deemed necessary. 3. The side and rear elevations shall be approved by the Planning. Commission prior to issuance of building permits. FOR THE REASONS: 1. The applicant has provided guest parking in an area where it is not required. 2. This request complies with the proposes land use intensity for this area of the city. ROLL CALL VOTE: AYES: Bazil, Higgins, Porter, Slates, Miller, Kerins NOES: None ABSENT: Duke THE MOTION CARRIED. Discussion was held pertaining to the advisability of not processing any further applications of this nature until the Planning Commission can review the study being conducted in this section of the city to determine development standards. A MOTION WAS MADE BY HIGGINS AND SECONDED BY BAZIL TO SUSPEND ACTION ON APPLICATIONS OF THIS NATURE UNTIL THE FIRST MEETING IN MAY. -6- Minutes: 11.B, Planning Commission April 6, 1971 Page 7 ROLL CALL VOTE: AYES: Bazil, Higgins, Porter, Miller, Kerins NOES: Slates ABSENT: Duke THE MOTION CARRIED, CONDITIONAL EXCEPTION NO. 71-11 (Continued) Applicant: B.G. Williams To allow the construction of 3 dwelling units on a lot having 5875 sq. ft. or 1958 sq. ft. of lot area per unit in lieu of the required 2000 sq. ft. of lot area per unit. Also, to allow garages to setback 3 ft. from the interior property line in lieu of the required 5 ft. and 9 ft. from the exterior side property line in lieu of the required 10 ft. The subject property is located on the south- west corner of loth Street and Palm Avenue in the R2 Two Family Residence District. The Chairman read the request. The Acting Secretary advised the Planning Commission that this matter had been continued to allow time for the appli- cant to submit a revised plot plan incorporating the required open space. Mr. Harlow also stated that the matter has been continued for decision only. Mr. G. Johnson addressed the Commission and opposed the request because of the following: Insufficient parking, noise, low class tenants, and trash problems in the alleys behind apartment units. - Chairman Slates advised that the public hearing has been closed and the item was being heard for review of plot plan and decision only. Commissioner Kerins questioned the size and square footage of each unit. The Acting Secretary stated that since there are no regulations on the size of the units in the subject area, the Staff had not calculated that information. vised plot plan reviewed. Commission discussion was held and the re - A MOTION WAS MADE BY BAZIL AND SECONDED BY PORTER TO APPROVE CONDITIONAL EXCEPTION N0, 71-11 SUBJECT TO THE FOLLOWING CONDITIONS: _ 1. The applicant shall dedicate sufficient right-of-way to facilitate the curb return at the intersection of Palm Avenue and loth Street. 2. An additional 2� ft. of right-of-way shall be dedicated to the City for widening the alley. 3. All applicable City ordinances shall be complied with. FOR THE REASON: 1. It has been the Planning Commission policy to permit the additional unit when 75% of the lot area required for such additional unit has been supplied, and this development far exceeds the 75% requirement. -7- Minutes: H.B. Planning Commission April 6, 1971 Page 8 ROLL CALL VOTE: AYES: Bazil, Higgins, Porter, Kerins, Slates NOES: Miller ABSENT: Duke THE MOTION CARRIED. COMMISSIONER DUKE: Commissioner Duke arrived at 8:30 P.M. to resume his duties. ZONE CASE NO. 71-6 - RESOLUTION OF INTENT Change of zone from R2 Two Family Residence District and R2-0 Two Family Residence District combined with oil production to R1 Single Family Residence District. The subject property is located on the west of Newland Street approximately 660 ft. south of Atlanta Avenue and consists of 13.5 + acres of land. The Chairman read the request and opened the hearing to the audience. The Staff showed vu-graphs of the subject area. The Acting Secretary advised that the Staff recommends that the Planning Commission proceed with the rezoning. Discussion was held whether Precise Plan of Street Alignment No. 71-3 should be heard in conjunction with this item. Precise Plan of Street Alignment No. 71-3 was continued earlier in the meeting to the April 20, 1971. Mr. Fred Whid addressed the Com- mission and spoke in favor of the request. Mrs. Pike addressed the Commission and opposed the request. She asked why the property is being rezoned, and as the school district may wish to purchase the property, is the City re- zoning so that the school district can purchase the property for a lesser cost. Chairman Slates stated that the surrounding area lends itself to Rl zoning. Commissioner Bazil stated that the City would initiate a zone change only for the good of the entire City. Mr. B.G. Williams addressed the Commission and stated that since builders or developers would have to show hardship for a zone change to be granted, shouldn't the City also be required to show hardship. Mrs. Pike addressed the Commission and stated that considerable hardship had been placed upon her because of the City's indecision of whether to rezone the property and the school district-'s indecision of whether to purchase this land for a school site. Rita Farner addressed the Commission and stated that she concurred with Mrs. Pike's comments and that she felt some of the single family homes in the area have been poorly constructed. -8- Minutes: H.B. Planning Commission April 6, 1971 Page 9 Mr. Charles Cubbin stated he was in favor only if the lots could be subdivided into 60 ft. lots as they are presently substandard. Chairman Slates advised that it is possible to revert the property to acreage for a resubdivision; however, it is an extremely involved process. Mrs. Shupe addressed the Commission and stated that she has been paying taxes on R3 zoned property for a long time and if the property is rezoned to R1, the selling price of the property would decrease considerably. Chairman Slates advised Mrs. Shupe that her property would not be affected by this zone change. There being no further comment, the hearing was closed. Discussion was held by the Commission. A MOTION WAS MADE BY PORTER AND SECONDED BY MILLER TO CONTINUE ZONE CASE N0, 71-6 TO THE APRIL 20, 1971 MEETING FOR DECISION ONLY, TO ALLOW TIME TO RECEIVE WORD FROM THE SCHOOL DISTRICT ON THEIR DECISION OF WHETHER TO PURCHASE THE PROPERTY. ROLL CALL VOTE: AYES: Bazil, Higgins, Porter, Slates, Miller, Kerins, Duke . NOES: None ABSENT: None THE MOTION CARRIED. CONDITIONAL EXCEPTION NO. 71-17 Applicant: Speer Industrial Center, Ltd. To permit boarding of horses in the M1 Light Industrial District for a period of 5 years with a 3 year review. The subject property is located on the south side of Slater Avenue approximately 1643 ft. west of Beach Boulevard. The Chairman read the request and opened the hearing to the audience. Mr. Dick Young, representing the applicant, addressed the Commission and stated that most of the property in the subject area is being used in a similar manner and the applicant would like to con tinue this use for a limited period of time. He stated that there are 22 horses on the property at this time. Commissioner Kerins advised that only 11 horses are permitted under the provisions of the ordinance. Mr. Bob Rosa, also representing the applicant, stated that the Orange County Health Department has inspected the grounds and it does meet the specifications of the Health Department. He also stated that there are other horses in the area and that the applicant has 20 stalls on the grounds. By limiting the number of horses on the site to eleven will create a hardship on the applicant, however, the applicant would comply. ing area could be provided. Commissioner Duke asked if additional rid- , 5111 Minutes: II.B. Planning Commission April 6, 1971 Page 10 Mr. Rosa advised that the facility is not a riding stable, that they board horses only, and that at the most, 10 riders would be out at one time. Commissioner Duke advised that under the code, expansion of the facility could be permitted if sufficient riding area is provided. Mr. Gardner, addressed the Com- mission, and stated that he boards a horse at the subject facility and that he feels the facility is clean, not a health hazard, and that horses are a good recreation and occupation for children and adults. Mr. Bill Poor, addressed the Com- mission and stated that he does not object to the use, but wanted to be sure that no horses were permitted in the alleyways. Mr. Rosa gave his assurance that their horses would not be permitted in the alleyways. Mr. Kenneth Birkbeck, Orange County Health Department, stated that the stables have been inspected quarterly and that the use has met the requirements of the Health Department. There being no further comment, the hearing was closed. Commission discussion was held. A MOTION WAS MADE BY DUKE AND SECONDED BY PORTER TO APPROVE CONDITIONAL EXCEPTION N0, 71-17 SUBJECT TO THE FOLLOWING CONDITIONS: 1. A riding and exercise area of .10 acres per horse shall be provided. 2. Horse rentals shall not be allowed. 3. Slater Avenue and Speer Avenue shall be dedicated and improved per Department of Public Works requirements. 4. The stalls shall be relocated to allow for dedication of Speer Avenue and for the minimum setback required by the Animal Control Ordinance. 5. The stables shall comply with all rules and regulations of the Orange County Health Department. 6. The Board of Zoning Adjustments shall establish such additional condi- tions as deemed necessary. 7. Conditional Exception'No. 71-17 shall become null and void on April 1, 19769 and shall be reviewed by the Planning Commission in April, 1974. ROLL CALL VOTE: AYES: Bazil, Higgins, Porter, Slates, Miller, Kerins, Duke NOES: None ABSENT: None THE MOTION CARRIED. CONDITIONAL EXCEPTION N0, 71-18 Applicant: Beloil Corporation Ltd. -10- RflMtts; H.B. Planning Commission A'Fril 6, 1971 Page 11 To permit the renewal of an expired con- ditional exception (CE No. 69-3) to allow the continued use of an oil shipping pump in the R4 Multiple Family Residence District. The subject property is located on the northeast corner of 16th Street and Walnut Avenue. The Chairman read the request. Video tapes were shown by the Staff. The hearing was opened to the audience. As there was no one to speak in favor or opposition to the request, the hearing was closed. Commission discussion was held. A MOTION WAS MADE BY SLATES AND SECONDED BY BAZIL TO APPROVE CONDITIONAL EXCEPTION NO. 71-18 SUBJECT TO THE FOLLOWING CONDITIONS: 1. The tanks and equipment shall be painted and kept in good repair. 2. The site shall be leveled and the weed and miscellaneous debris shall be removed. 3. Five gallon myroporium trees be planted on the outside of the burro at a location specified by the Planning Department. q 4. ALL of the above conditions of approval shall be complied with within 90 days or Conditional Exception No. 71-18 shall become null and void. 5. Conditional Exception No. 71-18 shall become null and void March 11 1973. ROLL CALL VOTE: AYES: Bazil, Higgins, Porter, Slates, Miller, Kerins, Duke NOES: None ABSENT: None THE MOTION CARRIED. USE PERMIT NO. 71-10 (Referred by Board of Zoning Adjustments) Applicant: Harold Klein For renewal of a 286 unit apartment complex which was previously approved on October 15, 1969, by Use Permit -No. 69-53. R3 Limited Multiple Family Residence District. The subject property is located on the north- west corner of Warner Avenue and Edwards Street. The Chairman read the request. Discussion was held by the Commission as to whether Commissioners Porter and Miller should vote on this item. Commissioners Porter and Miller stated that they had reviewed all tapes from previous meetings on this item. A MOTION WAS MADE BY SLATES AND SECONDED BY HIGGINS THAT COMMISSIONERS PORTER AND MILLER SHOULD VOTE ON USE PERMIT NO. 71-10. -11- Minutes: H.A. Planning Commission Apr11 6, 1971 1'nge 12 ROLL CALL VOTE: AYES: Bazil, Higgins, Slates, Duke, Kerins NOES: None ABSENT: None ABSTAIN: Porter, Miller THE MOTION CARRIED. Discussion was held pertaining to renewal of Use Permit No. 71-10. A MOTION WAS MADE BY SLATES AND SECONDED BY HIGGINS TO APPROVE RENEWAL OF USE PERMIT NO. 71-10 SUBJECT TO THE FOLLOWING CONDITIONS: 1. The plot plan received February 18, 1971, shall be the approved layout. 2. The applicant shall comply with all conditions of Use Permit No. 69-53. 3. The applicant shall comply with Standards for Apartment Developments as adopted by the Planning Commission on October 21, 1969. ROLL CALL VOTE: AYES: Bazil, Higgins, Slates, Miller NOES: Porter, Duke, Kerins ABSENT: None THE MOTION CARRIED. ZONE CASE NO. 70-20 (Continued) Applicant: Mr. and Mrs. David Meredith In Conjunction With CONDITIONAL EXCEPTION NO. 70-52 (Continued) Applicant: Mr. and Mrs. David Meredith Change of zone from M1-Light Industrial District to MH - Mobilehome District. To permit the construction of a 137 space mobilehome park on a 20 acre parcel of land in the M1 Light Industria District. The subject property is located on the south side of Slater Avenue, approximately 660 ft. east of Gothard Street. The Chairman read the request. Commissioner Bazil abstained from participating on this matter. Jere Murphy, Staff member, presented a study made by the Planning Department. Slides and vu-graphs were shown of the subject area. Mr. Murphy stated that because of existing uses in the area, the Staff feels the area is adequately suited for industrial use. A review was made of the zoning and uses in the area surrounding subject property. An analysis of a soils report sub- mitted by the City Engineer was reviewed. It was reported that the area of the peat could be stabilized by the placement of large rock or broken concrete or by surcharging with material from other areas in the site. If a plan for industrial development should call for buildings in the peat area they could be supported by relatively short piles. It was reported that the site prepar- ation for commercial or industrial use would cost approximately $599000 more than for a mobile home park. A MOTION WAS MADE BY MILLER AND SECONDED BY SLATES TO APPROVE CONDITIONAL EXCEPTION NO. 70-52 SUBJECT TO THE FOLLOWING CONDITION: -12- Minutes: H.B. Planning Commission April 6, 1971 Page 13 1. The plot plan shall be referred to the Board of Zoning Adjustments to, - establish conditions of approval as deemed necessary. FOR THE`FOLLOWING•REASONS: 10 The applicant has shown sufficient hardship. 2. The site is near the Central Park area. 3. Taxes have increased considerably. ROLL CALL VOTE: AYES: Slates, Duke, Miller NOES: Higgins, Porter, Kerins ABSTAIN: Bazil- THE MOTION DID NOT CARRY. - - Further discussion was held. t A MOTION WAS MADE BY SLATES AND SECONDED BY PORTER TO DENY CONDITIONAL EXCEPTION NO. 70-52 FOR THE FOLLOWING REASON: 1. The Planning Commission could not get 4 votes for approval. Action to deny will allow the applicant to appeal the decision up to the City Coundil. ROLL CALL VOTE: AYES: Slates, Kerins, Porter, Higgins, Duke NOES: Miller ABSENT: None ABSTAIN: Bazil THE MOTION -CARRIED._, A MOTION WAS MADE BY SLATES AND SECONDED BY KERINS TO DENY ZONE CASE N0, 70-20 FOR THE FOLLOWING REASONt ,1, Conditional Exception No. 70-52 was denied and this zone change is not compatible with the surrounding area, ROLL CALL VOTE: AYES: Slates_, Porter, Kerins, Higgins, Duke, Miller NOES: None ABSENT: None ABSTAIN: Bazil THE MOTION,CARRIED., Additional Information: The following statements were submitted by Commissioner Higginst Although it -is not considered to be among the most desirable sites, the property can be developed as industrial. There are industrial uses that do not impose heavy loadings or that require -level lands over the entire site. The sub -soil condition and topography do not make it physically incompatible with adherence to the industrial zoning provisions. It may cost more to develop as industrial over some other use, but financial and pecuniary hardships are not grounds for granting a conditional exception. To allow a different use to facilitate development of land is not sufficient • reason for granting a conditional exception. -13- L% 5 Minutes: H.B. Planning Commission April 6, 1971 Page 14 MISCELLANEOUS: Mr. Ken Reynolds, Planning Director, reviewed actions taken by the City Council at the previous night's meeting. 'A letter was'reviewed which was received by the Planning Commissioners from the Sol Vista Home Owners Association regarding the establishment of a green belt along Main Street. This letter had been referred to the City Council for review. It was noted that the City Council had referred the letter to the Design Review Board for consideration. The Planning Commission felt that this should be discussed at a study session when the Civic District boundary is discussed. Apartment Standards were discussed. It was the consensus of the Commission that a clarification of the intent for the two sets of,standards adopted October, 1969 and March, 19719 and the areas involved, should be made. The Staff was instructed to prepare a code amendment which would require a Use Permit application pursuant to Apartment Standards adopted March 9, 1971. THERE BEING NO FURTHER BUSINESS, THE MEETING ADJOURNED TO THE STUDY SESSION ON APRIL 139 1971. Richard A. Harlow Roger D. lates , Acting Secretary Chairman -14-