Item 10 Additional Material posted 11-02-211 of 11November 2, 2021, Item #10M EM ORAN DLJ M City of Poway ADDITIONAL MATERIALS (Agenda Related Writings/Documents provided to City Council or Staff after distribution of the Agenda Packet for the November 2, 2021 Council Meeting) DATE: TO: FROM: CONTACT: SUBJECT: November 2, 2021 Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk~ (858) 668-4535 or cgallagher@poway.org Item 10 -Conditional Use Permit 21-001 and Minor Development Review Application 21-001; A Request to Construct a Single-Family Residence and Indoor Private Recreational Facility at 14100 Biscayne Place Attached please find correspondence received after the agenda posting deadline. Reviewed/ Approved By: Assistant City Manager Reviewed By: Alan Fenstermacher City Attorney Chr s Haz · e City Manager
2 of 11November 2, 2021, Item #10ADDITIONAL MATERIALSFrom: To: Cc: Subject: Date: Attachments: Cynthia c. Reinbolt Steve Vaus; Barry Leonard; Dave Grosch; John Mullin; Caylin Frank Carrie Gallagher; Austin Silva: Bob Manis: Matthew A. Peterson Tuesday, November 2, 2021 Meeting -Item No. 10 CDP 21-001 Monday, November 1, 2021 3:41:45 PM Ltr to Mayor Steve Vaus and Members of the Poway City Council 2021 11 01.pdf Mayor Vaus & Members of the Poway City Council, Please find attached correspondence for your review regarding the Conditional Use Permit 21-001 and Minor Development Review Application 21-001; A Request to Construct a Single-Family Residence and Indoor Private Recreational Facility at 14100 Biscayne Place. Should you have any questions please contact Matthew A. Peterson via email at map@petersonprice.com or (619) 234-0361 X 217. Best regards, Cynthia C Reinbolt PETERSON & PRICE, APC 402 West Broadway, Suite 960 San Diego, CA 92101 (619) 234-0361 (619) 234-4786 Fax The information contained in this e-mail is intended only for the personal and confidential use of the recipient(s) named above. This message may be an attorney-client communication and, as such, is PRIVILEGED & CONFIDENTIAL INFORMATION. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document (and any attachments) in error and that any review, dissemination, distribution or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail and deliver the original message. To ensure compliance with requirements imposed by the IRS, we inform you that (a) any U.S. tax advice in this communication (including attachments) is limited to the one or more U.S. tax issues addressed herein; (b) additional issues may exist that could affect the U.S. tax treatment of the matter addressed below; (c) this advice does not consider or provide a conclusion with respect to any such additional issues; (d) any U.S. tax advice contained in this communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of promoting, marketing or recommending to another party any transaction or matter addressed herein, and ( e) with respect to any U.S. tax issues outside the limited scope of this advice, and U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of avoiding tax-related penalties under the Internal Revenue Code.
3 of 11 November 2, 2021, Item #10
MARSHAL A. SCARR
MA TT HEW A. PETERSON
AMY STRIDER HARLEMAN
TRACY BERGER
PETERSON & PRICE
A PROFESSIONAL CORPORA T I ON
LAWYERS
402 West Broadway, Suite 960
San Diego, CA 92101-3542
Telephone (619) 234-0361
Fax (619) 234-4786
www.petersonprice.com
November 1, 2021
Mayor Steve Vaus and Members of
the Poway City Council
Poway City Hall
13325 Civic Center Drive
Poway, CA 92064
Re: Tuesday, November 2, 2021
Agenda Item No. 10
Butler Home and Recreational Facility/Basketball Court
Dear Mayor Vaus and Members of the City Council:
PAUL A. PETERSON
1928 -2021
SOL PRICE
1916 -2009
File No. 5007.058
Via Email
We represent Island Architects and Jimmy Butler with regards to the above referenced
matter.
Introduction
Over the years, Poway has been blessed with many professional and Olympic athletes
calling Poway their home. Jimmy Butler, with the Miami Heat, is no exception to this wonderful
tradition. As you can imagine, there were many options, but because of Poway's small town charm
and the fact that it reminded him of Texas (with its open feeling and friendly people), Mr. Butler
chose Poway to be his "off-season home". A few years ago, he was blessed with the opportunity
to meet and practice with the Poway basketball team! Unfortunately, Mr. Butler cannot attend the
City Council hearing (virtual or in person) because he will be playing the Dallas Mavericks while
you are conducting the City Council hearing on Tuesday.
4 of 11 November 2, 2021, Item #10
Mayor Steve Vaus and the
Members of the Poway City Council
November I, 2021
Page 2 of3
Discussion
Mr. Butler would like to build another home and recreational facility/basketball court next
to his current home. His design team and architects have met with all of the neighbors a number
of times and have done extensive outreach to the Home Owners Association ("HOA"). In fact, we
have conducted two community/neighbor meetings at City Hall. The concerns expressed by a few
neighbors and certain members of the HOA related to the original proposed architecture/design,
and the proposed use.
Regarding architecture, the proposed home has been redesigned many times. Now, driving
by or even looking at the proposed home from a helicopter no one would know that within the
walls of the beautiful home is a basketball com1 (see Tab 1 Artist rendering of proposed
Home/Recreational Facility). The revised design included many changes which are summarized
in attached Tab 2. With these changes, nearly all of the neighbors who initially expressed concern
with design and neighborhood compatibility were satisfied that the redesigned home will now fit
nicely into neighborhood.
With regard to the proposed use, a few neighbors were concerned about noise, on street
parking, large gatherings, and the potential for "commercialization" or clinics being conducted. In
response to those legitimate concerns we proposed special conditions of approval (which your staff
has incorporated into the resolution of approval). These assurances can be seen within Tab 3.
As indicated, we conducted two outreach meetings and invited all of the neighbors and
certain HOA representatives. The first outreach meeting was well attended (11 people). The second
meeting only had one neighbor show up (William Engelbrect). He expressed appreciation for the
design changes and the proposed conditions, but still felt that a basketball court, albeit inside a
home, was not appropriate for their exclusive and gated community. Mr. Engelbrect also expressed
that he opposes all conditional uses and would, similarly, not want to have any horse keeping or
horses within the community.
5 of 11 November 2, 2021, Item #10
Mayor Steve Vaus and the
Members of the Poway City Council
November I, 2021
Page 3 of3
Conclusion
We believe the design team and Mr. Butler have done everything possible to address the
legitimate concerns regarding design and architectural aesthetics, as well as the proposed private
recreational use.
Therefore, we would respectfully request that the City Council approve the Minor
Development Review Application and Conditional Use Permit.
Thank you for your consideration.
cc: Carrie Gallagher, City Clerk
Austin Silva, Senior Planner
Sincerely,
PETERSON & PRICE
A Professional Corporation
Matthew A. Peterson
Robert Manos, Director of Development Services
Jimmy Butler
Island Architects
6 of 11 November 2, 2021, Item #10
TAB 1
7 of 11 November 2, 2021, Item #10
8 of 11 November 2, 2021, Item #10
TAB2
9 of 11 November 2, 2021, Item #10
NEIGHBORHOOD REQUESTED PROJECT CHANGES/REVISIONS/REDESIGNS
1. Revised Architecture to be compatible with the neighborhood.
2. Lowered the home a total of 4.5' with following design changes:
a. Eliminated first proposed flat roof and incorporated a lower pitched and articulated
roof.
b. Lower the floor level & building pad (2').
3. Articulated the upper level roof & wall planes to create massing that is scaled similar to
the neighboring homes.
4. Reduced the amount of glass & large windows with:
a. Smaller scaled clerestory windows.
b. Less glass facing golf course.
5. Will incorporate sound attenuation as well as light and glare control measures.
6. Added a third garage space within the structure (3 enclosed spaces) and added 5
additional onsite surface parking spaces for a total of 8 off street parking spaces.
7. Proposed new landscape to screen and soften the appearance of the home.
10 of 11 November 2, 2021, Item #10
TAB3
11 of 11 November 2, 2021, Item #10ADDITIONAL OWNER SUGGESTED CONDITIONS TO ADDRESS NEIGHBOR CONCERNS (See Resolution pg. 11, Section L) 1. There shall be no clinics open to the public, no private club or memberships, and there shall be no commercial use of the subject property. 2. The Recreational Facility is for the private use, enjoyment and sports training of the owner. Typically, there will be the owner and 3-4 trainers. The maximum number of individuals within the recreational portion of the home at any given time shall not exceed 15 people without, in advance notifying the neighbors within 250 feet. 3. The Recreational Facility shall be adequately soundproofed to attenuate any noise consistent with the City noise ordinance, so that there will be no adverse impact to the surrounding neighbors. 4. A minimum of 5 off-street parking spaces shall be maintained on site. 5. All exterior lighting shall conform to the requirements of the Municipal Code. All indoor and outdoor lighting shall be provided with appropriate shields and/or screening to prevent light from adversely affecting adjacent neighboring residential properties during nighttime hours. 6. The recreational use should be conducted at all times with due regard to the character of the surrounding residential neighborhood so as not to cause any nuisance or unnecessary disturbance. !_1 s LAN C?RCHITECTS S5J-' dC..1) ".ti<ll l')ll!..f'fl•~,..f "1 CQM