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HomeMy WebLinkAboutCC_1984-01-30 Special Meeting MinutesMORRO BAY CITY COUNCIL SPECIAL MEETING - JANUARY 30, 1984 RECREATION HALL - 7:30 P.M. Mayor Shelton called the meeting to order at 7:30 p.m. and announced that this was a Special Meeting of the Morro Bay City Council and a Public Hearing for the purposes of reviewing the appeal by VRM to the Planning Commission denial of the Conceptual Plan for the Morro Beach Project. ROLL CALL PRESENT: STAFF: Eugene R. Shelton Rodger Anderson John Lemons Bruce Risley Bud Zeuschner P aul Baxter Mike LeSage N ick Nichols Mike Multari P eggy Buchanan Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Public Works Director Associate Planner Deputy City Clerk A. APPEAL BY VRM TO PLANNING COMMISSION DECISION TO DENY MORRO BEACH PROJECT Mike Multari provided a brief review of the staff report, and explained that this was an appeal by the applicants for the Morro Beach Project, VRM, to the. Planning Commission denial of the Concept Plan for a 455 unit residential project located west of S tate Highway One between Azure Street and Morro Bay High School. Mr. Multari summarized the recent project history, and the P lanning Commission's findings that the project was not timely and should be denied pending implementation of the City's Water Management Plan. Mr. Multari discussed the concept of "infill" and noted that no explicit City policy has been provided by which to judge whether t his project would be considered infill. Mr. Multari reviewed ✓ ecent Coastal Commission interpretations of infill and noted t hat there was confusion regarding their definition, as several o f their reports were conflicting. Mr. Multari also noted that h istorically, the question of infill has only been considered in d etermining whether the project should be eligible for water allocation, and not at the concept plan level. Councilmember Risley questioned whether it was City policy to accept applications for which there was not water available for, 1 MORRO BAY CITY COUNCIL S PECIAL MEETING - JANUARY 30, 1984 P AGE TWO and wondered what the City had done in this regard during the moratorium. Mr. Multari stated that the City had historically continued to accept applications for processing and review during the moratorium and any approvals were conditioned upon water availability. Mr. LeSage reviewed the issue of timeliness and the Planning Commission actions in denying this project. Mr. LeSage noted t hat although the City can have reasonable standards for allocating water he was concerned about the Planning Commission's refusal to consider the project when other large projects had recently been approved. Mr. LeSage noted that the City would h ave the authority to review and even change densities for this area. Mr. LeSage briefly summarized several options for Council's consideration, including returning this project to the P lanning Commission for additional review of the projects substantive aspects. Mr. Ray Gallo, representing the VRM project, provided a review of his attempts to resolve project conflicts with the City's LUP, and noted their several attempts to solicit public review and comment. Mr. Gallo felt that the Planning Commissions decision w as legally objectionable when other similar projects have received approval. Mr. Gallo stated that it was the applicants w ish to have the project reviewed subject to the availability of city services, and felt that the project was open for suggestion and change. Mr. Gallo reviewed the applicants offer of water and t he recent fiscal impact report submitted for review and stated t hat the applicant was agreeable to the mitigation measures addressed in the EIR, as well as to providing the City with the means to address any financial impacts to city services. Mr. Vic Montgomery, also representing the VRM project, stated t hat he had maps available for review, and would be glad to answer any questions concerning the design of the project itself. Mr. Montgomery also noted that the project was open for change and suggestions would be welcomed. Mayor Shelton stated that he would now open the Public Hearing for comments regarding the VRM proposal. Mr. William Gruendler spoke against the VRM proposal and was concerned about the high density of the project. 2 MORRO BAY CITY COUNCIL S PECIAL MEETING - JANUARY 30, 1984 P AGE THREE Mrs. Faye McGonagill felt that the Planning Commission was correct in only addressing the water issue. Val Sherman spoke in opposition to the water trade plan, and felt t hat the drainage would be a problem in this area. Ms. Sherman also objected to the increased strain on the City's Wastewater Treatment Plant. Ray Kaltenback felt that there would not be adequate water on the Cabrillo property and noted that the Water Advisory Board would be making a study of this issue in the near future. Steve Sweetwood felt that appeal should be denied based on the lack of water for the project. Evonne Montgomery was concerned for the effects of this project o n the environment, and felt that water questions should be ✓ esolved prior to any approval. Jack MacGregor spoke in opposition to the project and felt that it was much larger than other recently approved projects. Mr. Cole Fisher spoke in support of the VRM proposal, and felt that it should be reviewed and treated fairly. Jeff Van Liff, representing the Scenic Coast Board of Realtors, stated that they were concerned with protecting the property ✓ ights of all individuals as guaranteed in the Bill of Rights and u rged Council to treat the applicant fairly and not deny him use o f his land. Mr. Bob Lane felt that the Council should support the Planning Commission's decision as the VRM proposal cannot be supported by e xisting City services. Mr. Lane also stated that he did not feel there was adequate water in the Morro Basin to meet the projects needs. Ernie Miller felt that the project was timely and should be considered. Jody Giannini spoke regarding the proposed use of water from the Morro Basin and noted that much of the water is not fit for domestic use. Austin Brummley objected to the VRM project and felt that it would be flooded during winter months. MORRO BAY CITY COUNCIL S PECIAL MEETING - JANUARY 30, 1984 P AGE FOUR P eter Diffley spoke regarding past drought years and the possibility of future water shortages. Mr. Diffley felt that implementation of the City's Water Management Plan should be completed prior to any type of approval for a project such as t his. Bob Ward felt that although many people were opposed to the project, it should still be allowed review by the City and the opportunity submit a revised plan to correct any conflicts noted. Steve Rail felt that the project deserved review by the Planning Commission for other areas besides the issue of water availability. L ou Okasaki felt that the Council should uphold the Planning Commission's denial of this project, and objected to the way the land was to be used. Mrs. Okasaki did not feel that this was discrimination. Jack Franklin stated his concern regarding the lack of review by t he Planning Commission, and felt that the property owner should be allowed the opportunity to present his proposal, and to correct any areas found in conflict. Mr. Franklin also felt that t here should be more cooperation in resolving any problems with the proposal. N elson Sullivan felt that the Planning Decision was correct and should be upheld by the Council. Mary Lou Marshall supported the Planning Commission decision to deny the project. Jane Von Keohe also supported the denial, and felt the project should be redesigned. Val Sherman felt that the project had received equal treatment and review. Jack MacGregor questioned who the partners were in the VRM project. Bob Pilcher felt that there should be more cooperation and the City should develop a policy that would not place restriction on the use of an individuals property beyond the zoning and land use d esignations. Mr. Pilcher felt that property owners have certain rights to use their land and the City should not prevent the project from being reviewed and treated equally. 4 MORRO BAY CITY COUNCIL S PECIAL MEETING - JANUARY 30, 1984 P AGE FIVE M'May Diffley felt that the project should not be discussed until t he Water Management Plan has been implemented. Bob Lane stated that the project could be reviewed at a later date after the Water Management Plan has been proven effective. Jane Von Keohe felt that the applicants had been treated equally. Mr. Ray Gallo clarified several issues regarding the concept plan, and requested that the plan be reviewed subject to the availability of water and sewer services. MOTION: Councilmember Anderson moved that the Public Hearing be closed. The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) Council recessed briefly at 9:55 p.m. and reconvened at 10:05 p.m. Councilmember Risley read a prepared statement in support of the P lanning Commission's actions and the implementation of the Water Management Plan. Councilmember Risley reviewed policies contained in the Land Use Plan regarding growth and development in Morro Bay, and the question of infill. Councilmember Risley also discussed the proposed water trade and recommended that Council uphold the Planning Commission's decision to deny the VRM project and find that it is not infill nor is it timely. Councilmember Rislsey also made several suggestions for establishing criteria for differentiating applications which may be reviewed for approval. Councilmember Anderson felt that the ideal solution would be to h ave the project under public ownership, however if this was not possible he supported having the project reviewed by the Planning Commission subject to water availability. Mr. Multari noted that the VRM project would have to compete for water like all other applicants. Councilmember Anderson felt that the project should go back to t he Planning Commission for review, and staff should continue to look for ways to acquire the property. Councilmember Zeuschner spoke regarding several alternatives, including acquiring the property and providing direction to the applicant regarding what changes should be made to the plan. Councilmember Zeuschner felt that the project was not timely and in that regard supported the Planning Commission's decision, 5 MORRO BAY CITY COUNCIL S PECIAL MEETING - JANUARY 30, 1984 P AGE SIX however he noted that the applicant should be allowed to resubmit a revised plan. Councilmember Zeuschner stated that he did not feel the City should approve the project however the Council could provide the applicant with direction regarding changes to be proposal. Councilmember Lemons felt that there should be an ending point to t he consideration of the project and that it was unreasonable to e xpect the developer to continue revising the plan if no approval w as in sight. Councilmember Zeuschner suggested that a list of suggested changes and conditions be developed for the applicant. Councilmember Lemons noted that the basic problem was the lack of progress on the Water Management Plan, and stated that the City should work towards allocation of sufficient funds to begin the implementation measures suggested in the plan. Mayor Shelton stated that he did not feel the project was timely, and suggested that the Planning Commission redefine "timely" so as to determine future action regarding project such as this one. Mayor Shelton concurred with the Planning Commission's decision. Mr. LeSage noted that as a quasi-judicial hearing, the Council would need to adopt findings of fact to support whatever decision t hey make, and noted that there are basically two separate issues, the project and the availability of water. Mr. LeSage e mphasized that the project should be reviewed separate from the q uestion of water. Mr. LeSage also noted that if the applicants can in fact provide their own water, the denial based on lack of water would not longer hold. Councilmember Risley felt that an agreement to provide water to t he City provided the development is guaranteed a priority water u se would not be legally within the bounds of the City's authority. There was a discussion regarding the definition of infill and how it applies to this proposal. Councilmember Lemons felt that the Council should adopt the staff's recommendation to deny the appeal based on the conflicts between the LUP and the proposal but allow the applicant to ✓ esubmit a revised project, with the understanding that final project approval not be granted until water is allocated by the City Council, and that the Planning Commissin review the definition of "timely' and that input and evaluation regarding the Cabrillo water be solicited from the Water Advisory Board. 6 MORRO BAY CITY COUNCIL SPECIAL MEETING - JANUARY 30, 1984 PAGE SEVEN There was a discussion by Council regarding this suggested action. Mr. Baxter noted that findings of fact would need to be prepared. MOTION: Councilmember Zeuschner moved that Council direct staff to prepare a Resolution to deny the appeal (and the project) based on the clear conflicts between the LUP and the proposal, but allowing the aplicant to resubmit a revised project and/or concurrent LUP amendment to reconcile those conflicts and to address other substantive planning matters related to the project with the understanding that final approval for the project be held until water is available for allocation by the City Council, and that a report from the Water Advisory Board be sought regarding the offer of water from the Cabrillo property. The motion was seconded by Councilmember Risley and carried unanimously. (5-0) Council also agreed that the EIR as submitted was complete for this and any revision of this project. MOTION: Councilmember Anderson moved that the meeting be adjourned to the regular meeting of February 14, 1984. The motion was seconded by Councilmember Lemons and carried unanimously. (5-0) The meeting was adjourned at 11:45 p.m. RESPECTFULLY SUBMITTED, !/ PEG ► ' Uf HANAN DEPUTY CITY CLERK 7