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HomeMy WebLinkAbout0801 MINUTES PALM ,DESERT PLANNING COMMISSION MEETING TUESDAY - AUGUST 1 , 1978 7 : 00 - CITY HALL COUNCIL CHAMBERS I . CALL TO ORDER The regularly scheduled meeting of the Palm Desert Planning Commission was called to order by Chairman Berkey at 7 : 00 p.m. in the Council Chambers of the Palm Desert City Hall . II . PLEDGE - Commissioner Fleshman III . ROLL CALL Present : Commissioner Fleshman Commissioner Kryder Commissioner Snyder Chairman Berkey Excused Absence : Commissioner Kelly Others Present : Paul Williams - Director of Environmental Services Ralph Cipriani- Associate Planner Clyde Beebe - Director of Public Works Kathy Shorey - Planning Secretary IV. APPROVAL OF MINUTES A. Minutes of regular meeting of July 19, 1978. err Mr . Williams and Commissioner Fleshman noted the following changes to the minutes : Page Two, after 5th paragraph a new paragraph should be added reading, "A discussion followed regarding the Variance not being compatible with the other buildings currently being developed on E1 Paseo. " Page Two, 3rd paragraph from the bottom, add the following: "and could not leave the room in order to maintain a quorum. " Page Three, after 2nd paragraph , add the follow- ing : "He suggested that the case be continued till all members were present and so that the case could be further studied by the Design Re- view Board. " On a motion by Commissioner Kryder , seconded by Commissioner Snyder, the minutes were approved as corrected; carried unanimously (4-0) . V. WRITTEN COMMUNICATIONS - None VI . PUBLIC HEARINGS Chairman Berkey excused himself from the first case due to a con- flict of interest and left the room. Vice-Chairman Snyder announced that prior to this meeting, the Commission had met in a Study Session for the purpose of clarifying the staff recommendations. No decisions were reached. Vice-Chairman Snyder then explained the Public Hearing procedures to those present . Minutes Palm Desert Planning Commission August 1 , 1978 Page Two VI . PUBLIC HEARINGS (Cont . ) A. Continued Case Nos. C/Z 05-78 , C/Z 05-78 EIR, DP 10-78 and 133MF - BUREAU OF TEACHER AID AND RETIREMENT SER- VICES , Applicant Request for approval of a Change of Zone from R-1 10, 000 to R-2 6 , 000 on approximately 11 acres lo- cated east of Alamo, south of Skyward Way and west of Chia Drive , the related EIR and approval of a moo related Development Plan and preliminary Design Review to allow for a 72-unit retirement apartment project on said site . Mr. Williams reviewed the EIR and noted the concerns of the various reviewing agencies and letters received from petitioners regarding their concerns of the success of previous projects done by this applicant . He further noted that the EIR is complete and does address the environmental impacts of the area if the project was completed. Mr. Williams noted that Staff recommended that the Commission certify the EIR as complete . UTfiNI � A Mr. Williams then reviewed the proposed Change of Zone.'_ 11 noted that Staff feels that the zone requested is not adequate. He noted the letters of concern received and the letter from the Bureau of Teacher Aid addressing these concerns . Mr . Williams then stated the Staff recommends that the Commission deny the re- quested Change of Zone as it is not compatible with adjacent zoning. Mr. Williams reviewed the Development Plan and noted that it is good in terms of layout but not good in terms of the area in which the project is proposed. He stated that Staff recommends denial . Vice-Chairman Snyder asked if the Commission had any ques- tions of Staff at this time. Commissioner Fleshman asked Mr . Williams if Staff had done any checking to verify if 47 single-family units is correct . Mr. Williams noted that he believed this information was correct as stated in the EIR. Vice-Chairman . Snyder declared the Public Hearing open and asked if the applicant wished to speak at this time. EMMETT WILLIAMS , project representative , noted the existence of two other projects in Santa Barbara and Pasadena and the success of these two projects . HENRY WRIGHT, project architect , stated that if the area involved were done as single- family residences it could possibly bring about 152 residents , whereas, this project would only allow 84 and parking for 82 cars. Emmett Williams addressed the concerns of the petitioners and noted that there would be no bed-ridden residents as there would be no health care or food facilities in the project . He further noted that the Bureau owns the property free and clear and they do not want another spot . Minutes Palm Desert Planning Commission August 1 , 1978 Page Three VI . PUBLIC HEARINGS (Cont . ) A. Case Nos. C/Z 05-78, C/Z 05-78 EIR, DP 10-78 & 133MF (Cont . ) GEORGE ANDERSON, Admin . of Vista Del Monte, also noted that there will be no health care facilities on this project , it is only a residential project . He noted that the project will be an asset to the community with the residents contributing to the communities well-being. Commissioner Fleshman noted that the Commission is not concerned with the type of people but more with the project and its merits to the area for which it is proposed. Mr . Anderson stated that it will be a secure feel- ing project with services that are not offered in a regular residential area, i .e . , utilities are paid, etc. Mr . Wright stated that there would be a total of 18 buildings, 3 - 3600 sq. ft . & 15 - 2800 sq. ft . DEL WEBBER, Treasurer, noted that if people are concerned with the financial aspects of the Bureau that there need be no concern as the finances are very good with not much chance of failure. EVERETT WYNN, Pres. of Palm Springs Desert Division of the California Teachers Assoc. , noted that many members had expressed a great need for a facility of this type in this area. Vice-Chairman Snyder asked if there was anyone wishing to speak in FAVOR of the project . There were none. Anyone in OPPOSITION. SILVIA WINTER, 73-163 Somera, asked about the square footage per unit and noted that this would be far below the homes in the area. She stated that this would be "crackerbox" size and would bring the value of the homes in the neighborhood down . EUGENE KAY, lives west of development , objected to Chairman Berkey being a consultant on the project and serving as Chairman of this Commission even though he excused himself from the discussion . Also he objected to the size of units proposed and how they will devalue the larger homesin the area. Further, the project will not bring the City any taxes. KAY CRAIG, 72-992 Belair , stated she is against the project due to the tax free aspect , size of the units, the flood control issue, and the fact that projects of this type are depressing with the ambulance sirens or 'coroner cars in the area frequently. DON BOLAS, 73-182 Skyward, noted his opposition be-. + .. cause of the size of the units is not in character with the present neighborhood, a slow down in growth is needed, and the flood control problem. Vice-Chairman Snyder asked if the applicant would like to make a rebuttal at this time. Emmett Williams noted that the flood control issues were addressed in the EIR and that their project in Pasadena had helped the surrounding area not devalued it . Minutes Palm Desert Planning Commission August 1, 1978 Page Four VI . PUBLIC HEARINGS (Cont . ) A. Case Nos. C/Z 05-78, C/Z 05-78 EIR, DP 10-78 & 133MF (Cont. ) Mr. Wright noted that the lower corner of the site is being reserved for flood control purposes. Also, he noted that the units are like 4 bedroom homes not like pods . HAROLD HOUSLEY, Project Engineer, reviewed the flood control issue, noting that the City has a Master Plan for flood control and that the pro- ject has planned for flood control by having high pads and low streets. He also noted that projects will pay for flood control before the City can get bonds passed to do the same . Vice-Chairman Snyder declared the )ublic Hearing closed and asked for the pleasure of the Commission. Commissioner Kryder noted that the project would be a ... to the Community but the proposed Change of Zone. He was also con- cerned with the property if it was sold, what would the project then become. Further, the current zoning should be respected or the Zoning Ordinance and General Plan should be revised. This is a good project but in a wrong location . Commissioner Fleshman noted his concerns were the visual im- pact as far as the character of the neighborhood is concerned; the traffic issue; is it the best use for the area and the community; & would flood control as proposed by the City be sufficient . Vice-Chairman Snyder stated that the zoning is the issue and that the project should be placed in an area that is zoned to pro- perly handle it . Also the proposal does not meet zoning requirements. On a motion by Commissioner Kryder , seconded by Commissioner Fleshman, the Commission denied the Change of Zone request and ap- proved and certified the Final Environmental Impact Report as com- plete by Planning Commission Resolution No. 386; carried unanimously (3-0) . On a motion by Commissioner Fleshman, seconded by Commissioner Kryder , the Commission denied the request for approval of a proposed Development Plan by Planning Commission Resolution No . 387; carried unanimously ( 3-0) . THERE WAS A BRIEF RECESS AT 8:30 P.M. THE MEETING WAS RECONVENED AT 8:40 P.M. B. Continued Case Nos . DP 09-78 and 126MF, CHACAHUALA, LTD. , Applicant Request for approval of a Revised Development Plan and Preliminary Design Review for a 116-unit condo- minium project on approximately 39 acres located south of Little Bend Trail and north of Mesa View extended between Alamo and Arrow Trail . Mr. Williams reviewed the Case noting that the applicant had submitted a slightly revised Plan and also stated that the City Council had approved the Planning Commission' s recommendation of PR-3. The applicant ' s revised Development Plan reflects this zoning. Minutes Palm Desert Planning Commission August 1 , 1978 Page Five VI . PUBLIC HEARINGS (Cont . ) B. Case Nos. DP 09-78 and 126MF (Cont . ) Mr. Williams noted that Alamo would be exit only and that Mesa View is entrance/exit . The number of units is reduced to 116 from 133 ; 2 bedroom and 3 bedroom; 58 duplexes, no more triplexes ; 8 swimming pools not 9; and, 7 tennis courts instead of 9. With regard to the flood issue , there will be catch basins on the entry streets. The fence along Mesa View will be wrought iron and brick. Mr . Williams stated that Staff recommends approval of the proposed plan and he reviewed the conditions of approval . Commissioner Fleshman asked if the wrought iron wall design would be all around the project . A. T. Wilkes, representing the applicant noted that public streets would have the open wall , with a solid wall adjacent to private areas . Commissioner Fleshman asked about the driveways for the units off of Homestead and if there would be sufficient emergency vehicle access. Mr . Williams noted that if the area were grassed this would be sufficient for the Fire Marshal . Chairman Berkey declared the Public Hearing open and asked if the applicant wished to speak at this time . HAROLD HOUSLEY, Project Engineer, reviewed a revised site plan and noted that 117 is the correct figure %lofor 3 units per acre , not 116 as Staff has stated. "' With regard to the Conditions of Approval , he noted that Condition No. 10 has been complied with ; Condi- tion No. 6 - traffic will not be as heavy with exit only on Alamo and requested that the condition be deleted; Condition No . 7 - asked if the roads could be wider. He also noted that Mesa View and Alamo would have an open fence, Silver Spur would have a solid wall and other private sectors would have a solid wall . A. T. WILKES, Architect , stated that the pools had been reduced to six 20' x40 ' pools and that the loop streets had been replaced with long driveways. Chairman Berkey asked about the Broken Arrow exit if it would be emergency access/exit only like Alamo. Mr . Wilkes noted it would be. Mr. Wilkes also noted that some of the units would be rotated for a better view. Commissioner Fleshman asked about '.the location of the 117th unit . Some discussion followed regarding the location of this unit . lRI,� �� fE�k0sr. Wilkes noted that it would be moved off of Silver Spur. Chairman Berkey asked if there was anyone wishing to speak in FAVOR of the project . BOB WEINSTEIN, 73-065 Skyward, noted his approval . MARGARET KAY, 73-082 Homestead, noted her approval of the project as it will provide flood protection. She asked if Silver Spur streets were dedicated, and if they are, why can ' t traffic flow there also . Minutes Palm Desert Planning Commission August 1 , 1978 Page Six VI . PUBLIC HEARINGS (Cont. ) B. Case Nos. DP 09-78 and 126MF (Cont. ) Chairman Berkey asked if there was anyone wishing to speak in OPPOSITION. JANE WOOLLEY, 73-010 Somera, asked why Silver Spur is a "sacred cow" and why Chia was not being opened up. She also asked how an exit only would be controlled on Alamo. She would rather have entrance than exit on Alamo and she also noted that the project is super, but better traffic control is needed on Alamo. TOM O' SULLIVAN, 72-990 Homestead, asked how the exit only will be enforced. Mr . Williams noted that it would be a spike system with a key to release for emergency access . Mr. Sullivan then noted that 2/3 of the residents would still use Alamo if it is an exit as proposed. He noted that there is a need for a secondary entrance/exit on the north side . Chairman Berkey asked if the applicant would like to give any REBUTTAL at this time. Mr. Housley noted that he felt that the issue was traffic and that the right-of-way on Chia is the question. Further , he noted that the Homeowners ' Association may not want more than one entrance/exit for security reasons , but he would like the option to do either. KAY CRAIG, stated that Silver Spur and Mesa View should be used with signs on Highway 74 directing traffic to use these routes . Chairman Berkey declared the Public Hearing closed and asked for the pleasure of the Commission. Chairman Berkey asked if the Staff has considered other alternatives for traffic flow than those proposed and why not a single entrance/exit . Mr. Beebe noted that Condition No. 6 should be retained as it will help channel traffic better . He also stated that he hadn ' t had time to study the exit only proposal . Mr . Beebe also noted that the Silver Spur streets were accepted by the City but that the City will not maintain them for 5 years. Commissioner Fleshman asked if one entrance would effect the applicant ' s marketing. Mr. Greenberg that yes, that this vms a more favorable flow plan. 9/6��-?i ) Commissioner Snyder stated thia-t--t-he-eeflipletion of Mesa View to Portola will help the traffic flow and that the problems noted previously have all been addressed reasonably. Commissioner Fleshman asked for the addition of Special Condition No. 11 stating that Unit 117 would be relocated to the interior. He also asked when the flood control fees are paid. Mr. Williams noted that they are paid when the Final Map is filed. Mr . Housley asked if the Commissions decision was final or if it still had to go before the City Council . Mr . Williams noted that this decision is final unless the applicant appeals. Minutes Palm Desert Planning Commission August 1, 1978 Page Seven VI . PUBLIC HEARINGS (Cont . ) B. Case Nos . DP 09-78 and 126MF (Cont . ) On a motion by Commissioner Snyder, seconded by Commissioner Kryder, the Commission approved the Development Plan and Preliminary Design Review by Planning Commission Resolution No. 388 with the noted changes to the Conditions and the addition of Condition No. 11 ; carried unanimously (4-0) . r.r Commissioner Fleshman was excused for the remainder of the meeting at 9 : 30 p.m. C. Case Nos . C/Z 07-78, TT 13236, CUP 08-78, CLIFFORD SWANSON, Applicant Request for approval of a Change of Zone from ' S ' Study to S. I . (U.A. ) on approximately 29 acres located on the east side of Cook Street northerly of the Whitewater Channel and related 40-lot in- dustrial subdivision and a related request for ap- proval of a Conditional Use Permit and Preliminary Design Review to allow an Industrial Park Develop- ment on the site. Mr. Williams reviewed the Change of Zone and noted that it is compatible with the adjacent zoning. Chairman Berkey noted that this request does not conform to the Minute Motion that was sent to CVAG regarding the right-of-way on Avenue 42 . Mr. Williams stated that the thought was to separate the com- mercial from the residential . Mr. Beebe noted that northerly of Avenue 42 the County states that they will not go much further but if they do it will be an 88 foot right-of-way. Chairman Berkey stated that the City' s position on Avenue 42 should be firmed up before any action is taken. Mr. Williams stated that the Tentative Tract and the Conditional Use Permit could be continued in light of the question on Avenue 42 . He also noted a letter of concern received from the City of Indian Wells stating that they were concerned with the intrusion of industrial upon commercial . Commissioner asked that the Tentative Tract be continued and allow the Staff time to pursue the issue of Avenue 42. Chairman Berkey declared the Public Hearing open and asked if the applicant wished to speak at this time. �EP-WALLICK, Project Engineer, asked if the applicant tow io `would have to improve Avenue 42, noting that he would u%1 rather not . Chairman Berkey asked if there was anyone wishing to speak in FAVOR or in OPPOSITION to the proposals. ALEXIS NEWBRANDER, 46-260 Cottage Lane, asked if the Commission had read the letter from the City of Indian Wells stating there concerns. Chairman Berkey noted that the Commission had. Minutes Palm Desert Planning Commission August 1 , 1978 Page Eight VI . PUBLIC HEARINGS (Cont . ) C. Case Nos . C/Z 07-78, TT 13236, CUP 08-78 (Cont . ) It was the concensus of the Commission that the Change of Zone should be approved, but that the Tentative Tract and the Conditional Use Permit should be continued for further information on the Avenue 42. The applicant noted his agreement and Mr . Williams stated that the cases would be continued to the first meeting in September . On a motion by Commissioner Kryder , seconed by Commissioner Snyder, the Commission approved the Change of Zone by Planning Commission Resolution No. 389 and continued Case No . TT 13236 and CUP 08-78 to September 5, 1978; carried unanimously ( 3-0) . VII . OLD BUSINESS - None VIII . NEW BUSINESS - None IX. DESIGN REVIEW BOARD ITEMS A. Review of Cases acted on by the Design Review Board at their meeting of July 25, 1978. Mr. Cipriani reviewed the cases . Case No. 134MF was reviewed and Mr . Larry Spicer of Ironwood spoke to the Commission . Mr . Spicer noted that he had sent a letter to the Ironwood residents telling them of this meeting but it appears to be a no show. He then introduced the architect for the project . Mr . Dale Naegle addressed the Commission and noted that the goal of the project was to have living units with privacy and se- curity. He further reviewed the project and noted the location of the tennis courts which allows for maximum unit privacy. Also a 3rd pool has been added, 6 more tennis courts, and additional parking were noted. Mr . Naegle stated that he felt they had met the,,,concerns of the Design Review Board and the Planning Commission. `yef— Mr. Fred Archbuckel , Landscape Architect for the project , noted that the courts obtain individual identity by use of lots of `� „plan material . Also the water in the swale area will be handled --" by a bed of rocks or boulders . Mr. Spicer spoke about the correspondence received from Ironwood residents noting the following concerns : traffic, size of units, creating a resort atmosphere, and density. He then stated that if the tennis courts are considered in the entire site the den- sity would be 5 . 75 units per acre, without figuring the tennis courts it is 8. 5 units per acre. Mr. Spicer noted that he felt the best presentation has been made. Chairman Berkey asked about the impact on Foxtail and noted low his concern with same. He asked if Foxtail couldn ' t be widened instead of having parking. Mr. Spicer stated that the impact would be the same either way but that this is approach is better looking. Commissioner Snyder stated that Ironwood is a grand project but that this is summer and there are no people here to speak in opposition. Also it will increase the density and the traffic . Mr . Spicer noted that the City conducts business as usual all year round and that Ironwood is no different . Legal notices were sent . Minutes Palm Desert Planning Commission August 1 , 1978 Page Nine IX. DESIGN REVIEW BOARD ITEMS (Cont . ) Chairman Berkey rooted that this is not a Public Hearing but if there is anyone wishing to speak they may do so at this time. ALEX CAMPBELL, 73-416 Golea, noted that the density is his concern. r.. JIM WALLACE, 73-575 Encilia, Association #1 , Presi- dent, stated that there are no ' permanent residents in his tract . Commissioner Kryder stated that if all legal paths have been followed with regard to noticing, there is no need to postpone. THE MEETING WAS RECESSED FOR A BREAK AT 10 :45 p .m. R eCoriveied at 10:50 p.m. Mr. Cipriani reviwed the other cases noting that Case No . 138MF should be deleted as revised plans were not received; Case No . 57C - is an excellent sign program; Case No. 87C - the parking spaces have to be relocated; and, 139MF - a retaining wall will be required. Chairman Berkey noted that he is not concerned with the summer time lack of attendence and Ironwood has, done a good job and it meets with his approval . C 79 �L On a motion by Commissioner Kryder, seconded by Commissioner Snyder, the Commission approved the actions of the Design Review Board with the deletion of Case No. 138MF, by Planning Commission Resolution No. 390; carried unanimously ( 3-0) . X. DISCUSSION ITEMS - None XI . ORAL COMMUNICATIONS - None XII . COMMENTS A. City Staff - None B. City Attorney - None C. Planning Commissioners - None XIII . ADJOURNMENT On a motion by Commissioner Kryder, seconded by Commissioner Snyder , the meeting was adjourned atll : 00 p .m. ; carried unanimously (3-0) . PAUL A. WILLIAMS, Secretary ATTEST: GEORGE ERKEY, Chairman /ks