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1990 06 12 PC Minutes MINUTES PLANNING COMHISSION - CITY OF LA QUINTA A regular meeting held at the La Quints city Hall 78-105 Calle Estado, La Quints, California June 12, 1990 7=00 P.M. I. CALL TO ORDER A. The meeting was called to order at 7:00 P.M. by Chairman Walling. The Flag Salute was led by Commissioner Moran. II. ROLL CALL A. Chairman Walling requested the roll call. Present= Commissioners Zelles, Moran, Steding and Chairman Walling. Commissioner Bund arrived at 7:15 P.M. B. Staff Present: Planning Director Jerry Herman, Princi~al_ Planner Stan S&wa,_ Department Secretary Betty Anthony. III. HEARINGS A. Zoning Ordinance Text Amendment 90-015 & Change of Zone 90-058 regarding Equestrian Overlay Zone; consideration of a Zoning Ordinance Text Amendment and Change of Zone to allow the keeping of horses in portions of Annexation %5. 1. Planning Director Jerry Herman presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. 2. Commissioners discussed with Staff whether or not there were any sites within the proposed area having less than 1.5 acres. It was determined there were none. Staff responded to questions regarding the number of horses that current City zoning will allow, what the County currently allows, and what the Overlay Zoning would allow. MIN6/12.DFT/BJ - I - 3. Planning Director Herman stated that he had received a letter from Mr. Steve Bru~_mmel expressing his objection to the Overlay Zone. 4. There was discussion regarding where horses are currently located within the annexation area. 5. Commissioner Moran asked if the CC & R's of the Green Valley Ranches stipulated that horses were allowed. Planning Director Jerry Herman explained that the CC & R's did allow horses and there had been two attempts to eliminate horses from the CC & R's and both attempts were defeated. 6. Commissioner Steding questioned the uses of the horses in the area and which homeowners had requested the change of zone. She also questioned if these people had been notified of the original change of zone during the annexation hearings and why it was not dealt with at that time. Planning Director Jerry Herman stated that upon completion of this process, property owners did approach the Council and inquire about a change of zone to allow horses. He also clarified what uses were allowed. 7. Chairman Walling opened the hearing for public comment. Mr. Keith Reese, a property owner on 50th Avenue spoke in favor of the Overlay Zone and noted he bought his land 15 years ago so that he could have horses. 8. Mr. Joe Polzin, a property owner in Green Valley Ranches stated he had also bought in this area for the purpose of keeping horses and this was how the project has been and is being advertised for sales. 9. Mr. Gary Blecka, a property owner in Green Valley Ranches, stated that he is on the Board of Directors for the Ranches and that this was and is the purpose of the development to have ranches with horses. He confirmed the regulations in the CC & regarding horses. He further stated that the only ones who were objecting to the horses were the developers in the project, not the property owners. MIN6/12.DFT/BJ - 2 - 10. Mr. William Zacker, a property owner in Green Valley Ranches, inquired whether his house he had built WOuld be allowed horses as he felt it was less that 1.5 acres. Planning Director Jerry Herman clarified that he entire lot was more than 1.5 acres and would be allowed to have horses. Mr. Zacker also stated that he also owned a 8 acre parcel in the same area and he owned horses and wished to continue to do. 11. Mr. Sunny Kanlian, a property owner on Jefferson Street, spoke in objection to the Overlay Zone. He stated that he bought the land as agriculture and he had given up farming the land due to the difficulty of some of the nuisances of horses. He felt the horses had affected his quality of living. He did not object to the horses, but felt that the number allowed should be reduced. At the present time, he was in the process of selling his land and felt that this overlay might affect the value of his land. 12. Mr. Jeff Cole, a property owner at the southeast corner of 50th Avenue and Jefferson Street, inquired as to the ti~e that he would have to conform to the zoning if the Overlay _ Zone did not pass. He asked whether this was an all or none issue or could property owners make a choice. Planning Director Jerry Herman stated that as long as the property to be zoned was more than 2.5 acres the property owner could request to have the Overlay Zone. Mr. Cole did not express an opinion. He requested additional time to study the matter. 13. Julie Reese, a resident on $0th Avenue, stated that her livelihood was based on the training and boarding of horses and that without the Overlay Zoning she would be unable to continue on with her work. 14. Chairman Walling closed the hearing and opened the matter up for discussion. 15. Commissioner Zelles was concerned about the issue of the manure and how clean-up of it would be enforced. Planning Director Jerry Herman explained that the Ordinance carried regulations for the maintenance of the manure and that it would fall under City Code Enforcement jurisdiction and enforcement. MIN6/12.DFT/BJ - 3 - 16. Commissioner Moran stated that she was glad to see this Overlay Zone to allow the continuing of this lifestyle. She questioned the number of horses that were allowed under the current zoning and what it would be under the Overlay Zoning. She also asked what method would be used to enforce the compliance with the Ordinance. Planning Director Jerry Herman stated that Code Enforcement would have the authority to enforce it. 17. Commissioner Steding stated that she questioned the overlay at the corner of 50th Avenue and Jefferson especially with C-P-S Zoning. She felt that there were not enough property owners in this area who had expressed a favorable opinion. There were only three property owners out of six represented, and out of those one was for, one was against and one did not have an opinion at present. 18. Commissioner Bund reiterated what Commissioner Steding stated. In addition, he felt the enforcing of the Ordinance could be a problem. He felt they should be allowed the opportunity to continue. 19. Wanda Reese, a property owner on 50th Avenue clarified that those who were in objection to the zoning were selling their property and she was planning to stay. 20. Discussion followed among the Commissioners regarding the number of horses that would be allowed under the current zoning versus the Overlay Zoning and the u~es in the surrounding areas. 21. Chairman Walling stated that with all of the development occurring around this area that time would cause the natural elimination of the horse uses, but did not feel that the Commission should force the issue at this time. The nature of the market would happen at its natural pace. He asked if at so~e time the uses surrounding the area were developed could there be some method of forcing the horse uses to conform. Planning Director Jerry Herman stated that in that area, especially with the Polo grounds on Madison that the uses would be there. He stated that there are other areas throughout the Valley where the two uses were blended MIN6/12.DFT/BJ - 4 - together and were working well together, such as Clancy Lane. The people buying around them know what uses are there. 21. Discussion followed as to areas that had intermingled horse uses with the golf community and how that added to the desirability of the city. 22. Commissioner Steding stated that this should have been addressed during the Annexation process and felt this Overlay Zoning was impacting one property owner favorably and one negatively. 23. Discussion followed regarding zoning and areas that had blended the uses of horses into residential areas. 24. Commissioner Zelles moved to approve Resolution 90-021 and 90-022 recommending approval to the City Council concurrence with the Environmental Analysis and approval of Change of Zone 90-058 and Zoning Ordinance Amendment 90-015. Commissioner Moran seconded the motion. The vote was as follows~ Commissioners Bund, Moran, Zelles, and Chairman Walling voted Yes. Commissioner Steding voted no for the reasons as stated above. V. PUBLIC COMMENT - None VI. CONSENT CALENDAR Commissioner Moran moved to approve the Minutes of May 22, 1990 as submitted. Cc~missioner Zelles seconded the motion and it carried unanimously. VII. OTHER 1. Principal Planner Stan Saws presented the Staff report regarding a request for a code amendment regarding building heights in the SR Zone. A copy of which is on file in the Planning and Development Department. A. Discussion followed as to what was being asked of the Commission. In essence by allowing a subterranean garage they would be allowing two story units in the Cove under the current codes. Commissioner Bund felt that it would certainly lend itself to some creative designing. Commissioner Moran felt it would open up too many problems. MIN6/12.DFT/BJ - 5 - B. Commissioner Bund stated he felt this could provide an opportunity for creative design work and should - be considered. He also had no objection to two story houses as long as they did not exceed the 17-foot height limit. Commissioner Zelles felt it gave the City some diversification for architecture. He also had no objection to the two story houses as long as they were controlled. C. Following discussion regarding City policy, flood regulations, and problems that would be incurred by allowing the subterranean garages, it was moved by Commissioner Steding to approve Minute Motion 90-020 to not pursue the amendment. Commissioner Moran seconded the motion and it carried on the following vote= Commissioners Steding, Moran, Walling voted Yes. Commissioners Bund and Zelles voted No. 2. Commissioner Bund requested that the issue of satellite dishes in Commercial Zones be put on the next regular meeting of the Commission. 3. Commissioner Moran asked Staff to request Imperial Irrigation District to agpear before the Commission to discuss the underground of utility lines in the City at the next regular meeting. VIII. ADJOURNMENT A motion was made by Commissioner Steding and seconded by Commissioner Moran to adjourn to a regular meeting on June 26, 1990, at 7=00 P.M. in the La Quinta city Hall, 78-105 Calls Estado, La Quinta, California. This meeting of the La Quinta Planning commission was adjourned at 8=15 P.M., June 12, 1990. MIN6/12.DFT/BJ - 6 -