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HomeMy WebLinkAboutOB 3 MORATORIUM WAIVER 8-19-85~~GTEE N OLD BUSINESS NO 3 DA August 19, 1985 TO: FROM: SUBJECT: HONORABLE PAYOR AND CITY COUNCIL COHHUNITY DEVELOPHENT DEPARTHENT REQUEST FOR FI~T ST~ET HORATORIUH ~AIVER RECOItIENDATION: Pleasure of the City Council. DISCUSSION: Attached are letters from Mr. Howard O. Jones, developer, and Irene Roberts, land owner of properties at 430-440 E. First Street, the subject of a proposed office building which has been precluded from development pending the First Street moratorium. The Council may recall Mr. Jones testified during the appeal of Use Permit No. 85-6 for Mr. Harry Gates. Mr. Gates filed a Use Permit application which ultimately was approved by Council for a two story 5,600 square foot office building. The adjoining property formerly occupied by Hardy and Harper Asphalt Paving is being acquired by the McMahon partnership and their representative Mr. Jones requests Council permit his Use Permit to be processed through the Planning Commission. At present, design plans have been filed with the Planning Department and are being reviewed for code compliance. Additionally, the Redevelopment Agency at their meeting on August 19th should be awarding the First Street.Specific Plan contract. Therefore, it is the Council's choice whether to preclude any projects from being processed through.the Planning Commission until the First Street Specific Plan has been prepared or whether to allow projects to proceed. Director of Community Development DDL:do attach: letter from Howard Jones letter from Irene Roberts ,lcMahon ray ' rtnership July 22, 1985 The Honorable Mayor and City Council City of Tustin 300 Centennial Way Tustin, CA 92680 RE= 430-440 EAST FIRST STREET PROPERTY Dear Mayor and Council Members: On March 26, 1985 I submitted a Development Review Application with design drawings to the City of Tusti~ for a two-story professional office building at 430-444 East First Street. On April 8, 1985 the Department of Colmuunity Development notified me by letter that the preliminary design review had been completed and that several aspects of the design would need to be revised prior to further submittals for approval and process- ing. I proceeded to modify the projec='3 design to comply with the coimuents contained in the design review letter. As I was completing the revised design for submittal, I was contacted by Mr. Harry Gates, the owner of the adjacent property at 550 East First Street. Mr. Gates advised me that he had been instructed by the City Council to coordinate the design of his project (Use permit Application No. 85-6) with the design for my project. The City Council in their April 1st meet- ing, according to Mr. Gates, had expressed concern about the two adjacent projects being developed sep- arately. The minutes of the April 1st City Council Meeting confirmed the information from Mr'. Gates and the Council's direction for the two developments to be coordinated as to aesthetics and design character. In an effort to comply with the directions of the City Council and to produce a design that would be compat- ible with Mr. Gates' project, I proceeded again to redesign my project. I met with Mr. Gates and his Architect and developed a concept that was compatible to their design. I then proceeded to completely re- design my project in order to produce a design for the development that would satisfy all the concerns that had been communicated to me. )20 East First St. ~nta Aha. CA 927~ 4 9730993 .. The Honorable Mayor and City Council July 22, 1985 Page Two At the request of Mr. Gates I attended the April 15th City Council Meeting to assure the City Council that their concerns h~d been addressed, and that I was in the process of redesigning my project to be compatible with Mr. Gates' project. At that time the City Council saw my revised site plan and was able to question my intent. On approximately May 21, 1985 a m~mher of my staff attempted to submit my application for Conditional Use Pez~uit and all the required drawings and submittals. He was advised at this time that a moratorium was pending and that no applications would be processed. You must understand my concern over the course of events that took place. First, I made every effort to satisfy what I believed were the concerns of the City of Tustin. Second, I patiently and willingly redesigned my project twice in order to produce a design that would satisfy all concerned. My efforts probably even assisted Mr. Gates in gaining his approval. To date I'have spe~...~approximately $7,500 in architec- tural design fees in my attempt to arrive at a design that would be compatible with Mr. Gates' project and answer the concerns of the City of Tustin. To reward my cooperation and efforts, I have been pushed out of the process by the City of Tustin. To me this situa- tion represents a breach of trust and good faith. I am hereby requesting the City Council Of Tustin to consider my situation and allow my project to process for Conditional Use Pea~L,it approvaI outside the mora- torium. Since my project had been submitted to the City, and considerable time, effort and expense had been expended byme long before the moratorium was first discussed, I feel it just that you allow my project to process. cc: Donald D. Lamm, Community Development Director Irene E. Roberts 613 Golden Avenue Fullerton, CA July 12, 1985 The Honorable Mayor and City Council Members City of Tustin Centennial Way Tustin, CA 92680 REF TO: 430-440 East First Street Property Dear Mayor and Council Members: As the owner of the above referenced property, I hereby request the City Council to allow the processing of a proposed project that was submitted to development review on March 26, 1985 by The McMahon Partnership. My daughter and son-in-law concur with this request. This project was submitted on March 26, but application for Conditional Use Permit was delayed while the applicant was redesigning the project to satisfy the decisions of the City Council by producing a design that complimented a project on the adjacent site. The adjacent project is the project by Mr. Harry Gates, which has since been approved by you. Since the proposed project for our property represents our desires as owners to sell this property to a viable and reputable developer, I request that you do not jeopardize our position and afford us the same rights and opportunities as those of Mr. Gates. Again, I urge and request processing of this project apart from your Moratorium Ordinance 936, which the project preceded and upon which much time, effort, and money have been expended. Sincerely, IER:flg Irene E. Roberts