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HomeMy WebLinkAbout0721 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - JULY 21 , 1987 7:00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE 1r.r NO STUDY SESSION WAS HELD PRIOR TO THE MEETING. 1 . CALL TO ORDER Chairman Erwood called the meeting to order at 7:03 p.m. 11 . PLEDGE OF ALLEGIANCE Commissioner led in the pledge of allegiance. III . ROLL CALL Members Present: Rick Erwood. Chairman Bob Downs Faith Ladlow Jim Richards Carol Whitlock Members Absent: None ftw Staff Present: Ray Diaz Tim Connor Phil Drell Tim Connor Tonya Monroe 1V. APPROVAL OF MINUTES: Consideration of July 7. 1987 meeting minutes. Action: Moved by Commissioner Whitlock, seconded by Commissioner Richarcis, approving the July 7, 1987 meeting minutes as submitted. Carried 4-0- 1 (Commissioner Downs abstained. ) V. SUMMARY OF COUNCIL ACTION Mr. Diaz summarized city council actions of July 9, 1987. V1 . CONSENT CALENDAR None. MINUTES PALM DESERT PLANNING COMMISSION JULY 21 , 1987 VII . PUBLIC HEARINGS A. Case No. TT 19503 - GEORGE FOX, Applicant Request for approval of a 29- lot tentative tract map and negative declaration of environmental impact on approximately 66 acres within the HPR,O zone located west of Palm Valley Storm Channel , north of the Palm Desert Community Center- . Mr. Drell outlined the salient points of the staff report, nptinq that each building pad would he reviewed separately. He indicated that purl it works condition #h would be revised to read that the 40' radius curb return shall be provided as part of each intersection as approvpa by the fire marshal and #8 would be revised to read that the slopes of streets shali not exceed 18% except for access to roads to lots ) 3 and 14, which shall be permitted a 19.2% slope. Staff recommended approval . Commissioner Ladlow asked about public improvements. Mr. Oreii replied that the map is being finaled and recorded. Commissioner Ladiow also asked if the lots would be built in phases. Mr. DreiI indicated that the applicant should address that question, but ri indicated that improvements of roads shall be done for public improvements prior to Phase 11 . Commissioner Richards questioned the water and sewer System. Mr. Folkers replied that it was under the CVWD purview, and the system would tie into theirs. Commissioner Richards expressed concern with specific conditions for projects being built into the hillside and questioned the degree of slope. Mr. Folkers indicated that the fire department apparatus is comfortable with an 18 degree slope. Mr. Drell noted that it was harder and a little slower for the trucks at ly degrees. Chairman Erwood opened the public_ testimony and asked if the applicant wished to address the commission. MR. GEORGE FOX, 1512 Jarvis-Illinois, stated that he would like this to be the finest residential community in the valley and the project meets standards. MR. 00N HOGANCAMP, DME Associates-civil engineers, noted that the hillsides wouid he reconstructed and that sewers and water amenities fall within the Coachella Valley Water District 2 MINUTES PALM DESERT PLANNING COMMISSION JULY 21 , 1987 infrastructure and are being completed concurrently with phase I . As clarification Mr. Hogancamp indicated that landscaping and each individual home would be reviewed by the planning and architectural commissions. MR. MIKE PUCCINO, landscape architect, stated that he had never met anyone more sensitive than Mr. Sale for detail and careful work on the grading plan and virtually leaves the site untouched. He indicated that no new plant material will be introduced. Chairman Erwood asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed. There being no one, he closed the public testimony. Upon request by Commissioner Whitlock, Commissioner Richards provided some background information and the initiation of the hillside ordinance. He explained that if Palm Desert does not want this area to be developed, it must be prepared to purchase the land. He also noted that he had been to approximately 10 to 15 meetings on this project and felt that the project should be moved along. Commissioner Downs concurred. low Action: Moved by Commissioner Richards, seconded by Commissioner Downs, adopting the findings as presented by staff. Carried 5-0. Moved by Commissioner Richards, seconded by Commissioner Downs, adopting Planning Commission Resolution No. 1241 , approving TT 19503, subject to conditions as amended. Carried 5-0. B. Case Nos. GPA 87-3, C/Z 87-7, TT 22690, and PP 87-26 - TEMPLE DEVELOPMENT COMPANY, Applicant Request for approval of a general plan amendment, change of zone from PR-3 S.P. to PR-3.5 S.P. , a tentative tract, precise plan of design and negative declaration of environmental impact to construct 1234 condominium units and a golf course on 404 gross acres at the northeast corner of Country Club Drive and Cook Street. Mr. Diaz outlined the salient points of the staff report and noted that letters had been received. Mr. Folkers noted that a concern was lack of maintenance and ability of Desert Falls to install a f., 3 MINUTES PALM DESERT PLANNING COMMISSION JULY 21 , 1987 Cook Street in a timely manner. Commissioner Richards reviewed the history of the project. Mr. Diaz also indicated that during a study session, the city council had not looked favorably upon a hotel on that corner and that development of that corner would be presented under a separate application. Commissioner Richards felt it would be beneficial to develop the whole area together. Chairman Erwood opened the public testimony and asked if the applicant wished to address the commission. MR. DAVID CHRISTIAN, architect, summarized revisions and informed commission that the golf course would be open to the public in addition to increased landscaping. He indicated that the clubhouse would be one of the first things completed and Cook and Avondale would be totally upgraded. He stated that he met with Avondale representatives on the site and indicated that the two story units could be put on the corner of the property. He felt that there was a potential grading problem. He indicated that landscaping maintenance was an unresolved issue, but agreed to move the wall to the base of the slope. He felt the rear property is a difficult area where grade is high, but with an unstable retaining wall on a portion of it and stated that they would do the completion of the retaining and landscaping. He stated that the 25 acres on the corner is not owned by the applicant. He felt that they would build a project the city could be proud of. Commissioner Richards felt that the golf course should remain as it is with some type of lot line to keep it that way. He also expressed concern regarding the 25 acres on the corner and future rights of the homeowners to use the golf course facilities. Commissioner Whitlock asked Mr. Christian if the applicant had a good working relationship with Avondale. Mr. Christian replied that they were not aware of any problems and have tried to address all the concerns. He agreed to moving the wall and having the second story units next to the clubhouse. He clarified that parking would be next to the models with six or seven building types. Following discussion regarding building separation, perimeter setbacks and open space requirements, Mr. Christian stated it was their intent to meet the 20% perimeter setback requirement. Chairman Erwood asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed. MR. ALAN PERRIER, attorney, addressed the commission outlining aspects of the golf course and background of Desert FaIIs 4 MINUTES PALM DESERT PLANNING COMMISSION JULY 21, 1987 bankruptcy. He indicated that the 25 acres on the corner is not part of the project. He stated that existing and future residents will be treated equally. Commissioner Richards indicated that he would like the applicant to specify specific boundary lines for the golf and tennis and an agreement be set up regarding rights of use. Mr. Perrier stated that whatever is defined will be for existing homeowners, as well as future residents. Commissioner Richards asked if the golf course would be sold to a separate party. Mr. Perrier answered yes and suggested that phase I be approved and remaining phases be continued. MR. DAVID SCHWEICKERT, Lido Pacific Group, stated that they agreed to work with Mr. Temple and would like to get specific conditions and CCBR changes in writing. He noted that a Japanese buyer would operate the golf course and expressed concern regarding adequate play when it is opened to the public. MR. BRUCE FEUCHTER stated that on July 15 they had received a letter from Mr. Temple following the meeting at the site. He requested approval with the stipulation that agreement between the homeowners, Lido Pacific Group, and others be reached regarding the golf course and common areas. He indicated an �r... interest to move forward, but only with a clear agreement. Commissioner Richards stated that the golf course issues must come to the commission settled. Mr. Feuchter indicated that they had come prepared to object strongly to the project but indicated that before the meeting Mr. Temple had been very accommodating. Mr. Feuchter stated that he would like to project completed in a timely manner. MR. DENNIS PONSOR, attorney for Desert Falls Homeowners, objected to the manner in which the project would be developed. He stated that the homeowners association was a small group, but that the development is not in accordance with the existing architecture and indicated that the project originally planned a manned security gate. He indicated that Mr. Temple wants to eliminate the gates, which would increase traffic flow throughout the project. He also expressed concern regarding maintenance, easements, architecture, gateways, security, and the 25 acre parcel . MR. FRANK ROBERTS, resident of Desert Falls, spoke against a change of zone and felt that the commission was spending too long discussing the golf course and not other issues. He 5 %kw MINUTES PALM DESERT PLANNING COMMISSION JULY 21, 1987 expressly opposed the carports and felt that with six units per building it would be like living next to apartments, and this would not improve the property value any. He explained the hardship he had gone through because of the bankruptcy. Commissioner Richards stated that there would not be any carports on the project, only garages. He explained that the only way a new developer would be willing to come in was to increase the density as an incentive. Mr. Roberts stated that they have been set back two years already and do not wish to be compromised with an inferior project. Mr. Diaz explained that the golf course was a concern because it would directly impact the property value. MR. BILL STEVENS, Avondale, stated that he is happy to have Desert Falls next to them and expressed a desire not to cause problems, but suggested that commission drive down Sweetwater Drive to view potential problems. MR. WILLIAM REED, Avondale Homeowners Association, had offered a letter to Mr. Diaz expressing the homeowners concerns. He stated that they were to receive some solutions in writing that they all could live with, but it had not been done. He stated they would like something in writing. MS. VIRGINIA NICHOLAOU, homeowner, stated that she supports Mr. Roberts and the homeowners association attorney. She stated that she was concerned about what would be developed behind her. She stated that because of the bankruptcy they can not even refinance to get better interest rates. Further discussion occurred regarding the development of the 25 acres. Chairman Erwood called a ten minute recess at 8:30 p.m. Mr. Perrier stated that he felt that an agreement could be reached between Desert Falls, the homeowners associations and Mr. Temple and requested more time to try and keep it going. Mr. Ponsor conceded that Mr. Temple was under certain time constraints. Mr. Perrier suggested adjourning the commission meeting to Friday to allow time so that they could go to council with the agreement as soon as possible. He also suggested getting approval to present the agreement to council . Commissioner Richards stated that an agreement should be placed before staff to indicate that all parties have signed off, with 6 MINUTES PALM DESERT PLANNING COMMISSION JULY 21, 1987 rr.. rights of homeowners for golf course spelled out. He felt the commission would not be doing anyone justice by approving this tonight. Commissioner Downs agreed with Commissioner Richards. After further discussion Chairman Erwood stated that he would allow the applicants time to meet while commission heard the last public hearing item. Commission concurred. C. Case No. ZOA 87-8 - CITY OF PALM DESERT, Applicant Request for approval of a recommendation to city council deleting the word "hedge" from Section 25.56. 190(D) of the Municipal Code. Mr. Allen outlined the salient points of the staff report. Chairman Erwood asked for a clarification regarding line of sight at corners. Mr. Allen explained that would constitute a public nuisance, which would have to be corrected. Chairman Erwood opened the public testimony and asked if anyone wished to speak in FAVOR or OPPOSITION to the proposed. MR. EUGENE HOPKINS, 72-820 San Juan, spoke in opposition to the proposed amendment and felt that hedges should be maintained and created a fire hazard. He stated that his neighbor would not maintain his hedges until presented with court action. Mr. Hopkins asked that if this were to be deleted, that the city come up with something else. Commissioner Downs questioned the enforcement of fire hazards. Mr. Allen replied that fire hazards would be enforced. MR. RAY SCHULTZ, 72-650 Somera, felt that hedges should be kept in the ordinance and indicated that he met previously with the mayor and council because of problems. He stated that now there are problems with the back lot being20-30 feet. He stated that the plants were a shrub similar to oleander and informed commission that the plants were causing serious problems to his pool , as well as members of his family being allergic to bee stings. He stated that the vacant lot next door was also a problem and requested that while the ordinance was still in effect, the problem be taken care of. 7 MINUTES PALM DESERT PLANNING COMMISSION JULY 21, 1987 MR. MICHAEL NAY, 72-808 San Juan Drive, spoke in favor of the amendment. He indicated that he wished to keep the height for privacy. Chairman Erwood closed the public testimony. Commissioner Whitlock stated that based on public testimony she was concerned with the deletion and felt some type of alternative should be discussed. She noted that she also was allergic to bee stings. Mr. Diaz explained that the enforcement has been selective based on complaints. Chairman Erwood felt that an ordinance should not be deleted because it is too hard to enforce. Commissioner Downs suggested that the six feet be raised to eight feet. After further discussion commission felt that hedges should not be overlooked. Staff suggested recommending the matter to council with the height adjustment to eight feet, rather than eliminating hedges altogether. Action: Moved by Commissioner Downs, seconded by Commissioner Richards, recommending to city council by minute motion that rather than deleting the word "hedges" from Section 25.56. 190(D) of the Municipal Code, that the maximum height be raised to eight feet. Carried 5-0. Chairman Erwood called a five minute recess at 10:20 p.m. Chairman Erwood called the meeting to order at 10:28 p.m. and reopened discussion regarding item #B. Mr. Perrier stated that an agreement had been signed by Mr. Temple and the homeowners association. He stated the Mr. Schweickert had not signed yet. It provides that the gate will remain and grants to existing homeowners the use of the golf and tennis facilities without fees and termination of easement fees being paid. Homeowners will be provided priority over public with regard to reservations and same to new homeowners group. No public use of tennis facility and agrees to share maintenance expenses as well as operation of the gate. It was also noted that Mr. Schweickert had signed the agreement. Mr. Diaz stated that it should include that the city shall be held harmless by all parties. Mr. Perrier indicated that any agreement was subject to the approval of the homeowners association. 8 MINUTES PALM DESERT PLANNING COMMISSION JULY 21 , 1967 `r Commissioner Richards felt that the disposition of the 25 acres was still a concern. Mr. Perrier stated that the property would have to stand on its own. Commissioner Richards reiterated his concern regarding the use of the golf course upon development of the 25 acres . Mr. Ponsor assured that Mr. Temple and their homeowners association would take care of the concerns. Upon questioning regarding the representative of the owner of the 25 acres, Mr. Mike Howell stated that he was representing the Westfield Group. Mr. Connor noted that the agreement should have the signatures of the homeowners association representative, Mr. Temple, Mr. Schweickert, and include that the city of Palm Desert be held harmless from any dispute that may arise. Mr. Perrier, Mr. Ponsor, and Mr. Schweickert all agreed. Mr. William Reed, Del Safari , stated that Mr. Temple agreed to maintain the common area between the two properties and one story condominiums will be built as indicated by Mr. Christian. He stated that Del Safari recommends approval . Chairman Erwood closed the public testimony and asked for commission �. comments. Commissioner Downs stated that he could go along with the actions taken and the additional conditions of approval . He noted that nothing was said about the garages. Mr. Diaz requested that the conditions of the agreement be given to him right then and noted that it was signed by Del Safari , Avondale Homeowners Association, Desert Falls, Lido Pacific and Temple. Commissioner Whitlock noted that the homeowners association still has to vote. Commissioner Downs also indicated that it still goes to city council . Chairman Erwood expressed concern regarding the last minute details up in the air and the manner in which the agreement had been reached and could not vote for approval at this time. Commissioner Ladlow concurred with Chairman Erwood. Commissioner Whitlock stated that a great deal of time had been spent on the agreement, but the project itself needed more discussion and she could not vote for approval at this time. 9 rr MINUTES PALM DESERT PLANNING COMMISSION JULY 21 , 1987 We Moved by Commissioner Richards, seconded by Commissioner Downs, adopting the findings with the following conditions: Agreement that signatures have been required of all parties; that one condition of approval be that carports be changed to two-car garages. Motion failed with a vote of 2-3. Chairman Erwood and Commissioners Ladlow and Whitlock voted no. Commissioner Richards suggested a continuance to August 4, 1987. Mr. Diaz noted that if the commission were to deny the project it would require a resolution to be prepared and that the result of the previous action was no action. With a continuance, the homeowners would have time to vote on the agreement before the meeting. Action: Moved by Commissioner Richards, seconded by Commissioner Ladlow, continuing this matter to August 4, 1987. Carried 4-1 (Commissioner Downs voting no. ) Mr . Perrier suggested meeting a week from tonight. Commission indicated that the next meeting was only two weeks away. Vill . MISCELLANEOUS wo None. IX. ORAL COMMUNICATIONS None. X. COMMENTS Commission noted that Chairman Erwood would celebrate his 40th birthday on July 22, 1987. Chairman Erwood indicated that he would be absent from the August 4, 1987 meeting. Commissioners Ladlow and Whitlock also stated that they would be absent. 10 We MINUTES PALM DESERT PLANNING COMMISSION JULY 21, 1987 X1. ADJOURNMENT Moved by Commissioner Richards, seconded by Commissioner Ladlow, adjourning the meeting. Carried 5-0. The meeting was adjourned at 11 :02 p.m. RAMON A. DIAZ, Secret .'1 ATTESI,: /I�C(HARD ERWOOD, Chairman /tm r.. Il