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HomeMy WebLinkAboutTC Min 1995-05-23 ~ TOWN COUNCIL AND PLANNING COMMISSION MINUTES CALL TO ORDER Mayor Thompson called the special joint meeting of the Town Council and Planning Commission of the Town of Tiburon to order at 7:32 p.m., Tuesday, May 23, 1995 in Council Chambers, 1101 Tiburon Blvd., Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Ginalski, Thayer, Thompson, Nygren ABSENT: Wolf PRESENT: PLANNING COMMISSIONERS: Greenberg, Siewert, Heckmann ABSENT: Perlmutter, Schrier EX OFFICIO: Town Manager Kleinert, Town Attorney Ewing, Planning Director Anderson, Town Clerk Crane p. B. PUBLIC OUESTIONS AND COMMENTS Planning Commission Chair Greenberg expressed concern over a letter from the Heggestad law firm, representing the owners of the Harroman property, stating that their clients would not stipulate to a dismissal of their lawsuits and that they had filed an appeal to contest the sale of the property. Town Attorney Ewing said that the matter would be heard before Judge Panner (in Oregon) and hopefully be rejected. He reiterated that the Town is under no obligation to complete the transaction until the litigation is dismissed. C. PUBLIC HEARING 1. MARINERO ESTATES (HARROMAN PROPERTY). Town Attorney Ewing gave a brief report on the history and status of the offer by the Town and the Marin County Open Space District to purchase the Harroman property. He outlined the process of review and approval of the documents before the Council and Planning Commission. Mayor Thompson turned over the meeting to Planning Commission Chair Greenberg. J TOWN COUNCIL/PLANNING COMMISSION MINUTES #1053 5/23/95 1 ~ Chair Greenberg stated that the Planning Commission would first consider the Precise Development Plan Amendment, including changes to the Mitigation Monitoring Plan and EIR. Planning Director Anderson gave the staff report detailing the changes to the Precise Plan and staffs recommendation to adopt the Resolution approving the amended plan. Chair Greenberg opened the public hearing. Nancy Knoble, 2 Malvino Court, Chair of the Last Chance Open Space Committee, asked why a certain "notch" (Lot 13) was carved out for development. Attorney Ewing responded that when some of the lots were deleted during the negotiations, Lot 13 was selected for deletion because of substantial grading impacts. ~ -.~ J!earing returned to the Planning Commission. _ :~ -Commissioner Heckmann said he thought the plan was comprehensive and well thought through. ~ Chair Greenberg stated that the increase in house size from 4500 square feet to 5000 square feet would have a greater impact in her opinion, and was concerned about setting a size precedent for future developments. She also wanted to delete the words "potentially important" pertaining to subridges. Marylyn Siewert noted the increase in house size but did not think it would affect future developments. Town Attorney Ewing agreed to add language stating that the square footage was changed as part of the negotiations in order to reach a settlement. The Commission discussed the possibility of restricting fencing and not having gates across roadways in the development, but did not reach a consensus. Commissioner Heckmann asked that a reference to "sidewall construction" be clarified by adding the word "residential" to it. Commissioner Siewert asked to change the wording to "relocate" when referring to the reconveyance of the "seep" at the top of Lyford Drive downhill to Lot 1. Attorney Ewing suggested finalizing the exact wording during the tentative map approval stage. Commission also asked for a notation that the developer be responsible for road repair if damage was done by placement of silt boxes on Vistazo West. J TOWN COUNCIL/PLANNING COMMISSION MINUTES #1053 5/23/95 2 " Commissioner Siewert moved to ADOPT A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON RECOMMENDING APPROVAL OF AN AMENDED MARINERO ESTATES PRECISE DEVELOPMENT PLAN AND MITIGATION MONITORING PROGRAM TO THE TOWN COUNCIL, incorporating the changes discussed above. Motion was seconded by Commissioner Heckmann. All ayes were recorded. Meeting was turned over to Town Council, who waived the staff report. Councilmember Ginalski asked language should be made consistent between the Precise Plan and Mitigation Monitoring program with respect to Impact At. Planning Director Anderson explained that the language differed because one document was a historical record, and suggested leaving it as such, while adding an explanatory note to the text. Councilmember Nygren asked that the reference to spiders in the written Staff Report be clarified to indicate that they it was but one of many reasons the Town sought to limit the size and sought changes to the development. Planning Director concurred for the record. II Mayor Thompson opened and closed the public hearing. Meeting returned to Council. Council asked for language to be added to the Plan noting that guidelines for fencing would be incorporated during the tentative map phase. Councilmember Nygren Moved to ADOPT THE RESOLUTION SUPERSEDING RESOLUTION 3027, and incorporating the Planning Commission and Council's changes. Motion was withdrawn. Ken Cohen, speaking for Applicant, said that most of the changes were acceptable to him, but that he favored leaving the actual fencing designs to the Design Review process. He also asked that the "and" be removed from the "and/or" language pertaining to the relocation of the seep. Commissioner Greenberg stated that gating was a Planning/Land Use issue, not a Design Review decision. J John Collette, Receiver, speaking on behalf of the Applicant, suggested that the fencing plan be withdrawn entirely and that Applicant would submit a new plan during TOWN COUNCIL/PLANNING COMMISSION MINUTES #1053 5/23/95 3 ~ the Tentative Map phase. Councilmember Thayer and Mayor Thompson complimented Town staff on a splendid and comprehensive job in preparing the documents. Councilmember Nygren moved to ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OFTIBURON SUPERSEDING RESOLUTION NO. 3027 AND APPROVING AN AMENDED MARINERO ESTATES PRECISE DEVELOPMENT PLAN AND MITIGATION MONITORING PROGRAM FOR 14 LOTS AND APPROXIMATELY 103 ACRES OF LAND AT THE END OF LYFORD DRIVE (HARROMAN PROPERTY, ASSESSOR PARCELS 58-200-20 & 21), including changes introduced and agreed upon by Planning Commission and Town Council (and more clearly delineated in Exhibit 1 of Resolution No. 95-09, attached hereto as Addendum to May 23, 1995 Minutes) Motion was seconded by Councilmember Thayer. All ayes were recorded. Meeting returned to Planning Commission for discussion of the Tentative Subdivision Map. ~ Chair Greenberg opened and closed the public hearing. Attorney Ewing asked to add the words "Marin County" to Open Space in Paragraph 3B of the Resolution. Commissioner Heckmann moved to ADOPT A RESOLUTION OF THE TIBURON PLANNING COMMISSION APPROVING A TENTATIVE SUBDMSION MAP FOR THE DIVISION OF 102.84 ACRES OF LAND INTO TWO PARCELS AT THE END OF LYFORD DRIVE (HARROMAN PROPERTY, ASSESSOR PARCELS 58-100-20 & 21). Motion was seconded by Commissioner Siewert. All ayes were recorded. Meeting returned to Council for discussion of the Parcel Map. Mayor Thompson opened and closed the public hearing. J Councilmember Thayer moved to ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A PARCEL MAP FOR THE MARINERO ESTATES PROJECT (HARROMAN PROPERTY) (ASSESSOR TOWN COUNCIL/PLANNING COMMISSION MINUTES #1053 5/23/95 4 ~ PARCEL NUMBERS 058-100-20 & 21). . Motion was seconded by Councilmember Nygren. All ayes were recorded. Meeting returned to Planning Commission for discussion of the Development Agreement. Attorney Ewing gave the staff report. Chair Greenberg requested that adequate time be built into the Agreement for Commissioners to review potential changes to plans. Attorney Ewing and Applicants' representatives met at the Staff table to discuss addition of appropriate language, and proposed adding the following: "Applicant shall endeavor to submit any modifications as expeditiously as possible under the circumstances. " Commission Siewert moved to RECOMMEND APPROVAL BY THE TOWN COUNCIL OF THE ORDINANCE APPROVING THE DEVELOPMENT AGREEMENT, including the proposed language above. ~ Commissioner Heckmann seconded the motion. All ayes were recorded. Meeting returned to Council. Mayor Thompson opened and closed the public hearing. Councilmember Ginalski made a motion to READ THE ORDINANCE BY TITLE ONLY. Councilmember Thayer seconded the motion. Mayor Thompson read, "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A DEVELOPMENT AGREEMENT FOR THE MARINERO ESTATES (HARROMAN) DEVELOPMENT. ROLL CALL VOTE: AYES: Nygren, Ginalski, Thayer, Thompson NOES: NONE ABSENT: Wolf J TOWN COUNCIL/PLANNING COMMISSION MINUTES #1053 5/23/95 5 r'" -- Meeting returned to Council for discussion of the Settlement Agreement. Councilmember Thayer made a motion TO ACCEPT THE STIPUI.A TED SETTLEMENT. Councilmember Nygren seconded the motion. All ayes were recorded. Council member Nygren thanked Mr. Collette, Mr. Cohen, Attorney Ewing, Councilmember Thayer and the Planning Commission for their work on the project. Mayor Thompson thanked the Town staff. D. ADJOURNMENT Town Manager Kleinert suggested that the meeting be adjourned in memory of Erwin Braff, who passed away on Monday. ~ There being no further business before the Town Council and Planning Commission of the Town of Tiburon, Mayor Thompson adjourned the joint meeting at 10:12 p.m., to May 31, 1995 adjourned budget hearing. ~TH~ DIANE L. CRANE, TOWN CLERK J TOWN COUNCIL/PLANNING COMMISSION MINUTES #1053 5/23/95 6 .'T " ,~ ," L.,. . &.... R .~ ?::' ~ ~ ( ( . EXHIBIT 1, Please refer to Town Council Resolution No. 3092, adopted May 23, 1995. The only differences between Resolution No. 3092 and the recommendation of the Planning Commission are as follows: 1. Drawing entitled "14-Lot Fenceable Areas Plan": The Planning Commission recommended that the area of proposed fencing across the private driveway leading to Lots 6-8 be deleted. The Town Council deleted the entire Lyford Drive fencing plan and its corresponding table from the approved 14-lot Fenceable Areas Plan sheet. 2. Condition #21: The Town Council added a req'direment (second asterisk) that the Lyford Drive fencing plan referenced above be prepared at the time of the Tentative Map. , 3. Condition #21: The Town Council added a new asterisk entitled "Guidelines for Fencing". Condition #41 (4) : The Town Council added the words "as required by Condition #21.". 5. Condition #41 (5): The Town Council added the words "following the discussion in the CC&R's of landscaping limitations as required in Condition #21 of this Resolution.". 4. 6. Condition #44: The Town Council inserted the words "in the vicinity of Lot 11" following the word "bu~chgrass". 7. Condition #63, Mitigation Measure 0.3.3: The Planning Commission had inserted the word "and/" between the words "Lot 1," and "or". The Town Council deleted this insertion. Tiburon Planning Commission Resolution No. 95-09 5/23/95 3 (ADDENDUM TO l1AY 23, 1995 MINTUES #1053) ... ...