Council Backs Westgate Project but Wants Future Safeguards

City leaders and developer DeeWayne Jones mostly agree on the kinds of businesses they would like to see at his proposed Westgate shopping plaza on Los Angeles Avenue.

A medical center, with emergency care facilities, would be ideal. An auto repair shop would not.

The question facing City Council members Wednesday is how to allow Jones to move ahead with his project while safeguarding against businesses the city deems undesirable.

The council is scheduled to resume discussion of Jones’ proposal to build a medical center, offices, restaurants and shops near the intersection of Liberty Bell Road.

The problem? The project’s vacant four-acre parcel is zoned for residential development. If the council rezones the land to allow Jones to proceed--and if for some reason his project falls through--future owners of the property could bring in businesses that fit the zoning but don’t fit the city’s plans for the area.

To solve the problem, Jones’ representative and city planners have brainstormed a slew of legal mechanisms that could give the city greater control over use of the property, even if Jones’ project never materializes.

“What we’re trying to do is allow him that flexibility by giving him the [commercial] zoning while making sure the other uses are beneficial,” Mayor Pat Hunter said Monday.

Council members agree that the proposed plaza’s centerpiece--an urgent care center--would benefit this growing city, which has no hospital. Although Moorpark boasts several doctors’ offices, residents must travel to Camarillo, Simi Valley or Thousand Oaks for extensive treatment.

Enthusiasm for the project, however, has been tempered by concern for residents of the neighborhood immediately west of the proposed construction site. When the council first discussed Jones’ plans March 5, several homeowners complained that the project would flood their neighborhood with cars.

Council members worried that the project’s two proposed restaurants, which may have drive-through windows, could create traffic problems on Los Angeles Avenue. And several members expressed concern about changing the land’s zoning while the project was still taking shape.

“I’m not willing to go with unrestricted [commercial] zoning on that site,” Hunter said. “I respect what he’s trying to bring to the city. . . . But do we allow that use at the risk of some of the safety concerns we have?”

Councilman Chris Evans, who favors allowing commercial zoning on the site, suggests that the city block access to the project from Everest Avenue as a way to ease residents’ traffic fears.

Acting on Jones’ behalf, consultant John W. Newton proposed several solutions:

* Jones could sign an agreement with the city dedicating some development rights to the property. In essence, the agreement would prevent whoever owned the property from developing it for purposes the city does not want.

* The council could approve an ordinance changing the zoning but hold off on reading the ordinance a second time, a necessary step before an ordinance takes effect. During the delay, the city could craft development permits that would limit the kinds of businesses allowed on the site.

* The city could approve the zoning change and permits with the understanding that if Jones fails to move forward within a reasonable period of time, the council would be free to change the land use back to residential zoning. City officials have already taken the same approach with another project in town.

City planners have expressed doubts about the recommendations. A staff report prepared for the council meeting indicates that the council might be better off amending the zoning ordinance to prohibit certain undesirable uses, creating a new zoning designation for this property or drafting a specific plan that would spell out the uses allowable on the property.

Council members and Jones said Monday they were not sure which approach would work best.

“This is a little bit of a problem for everyone, and I’m not sure how it’s going to end up,” said Jones, a dentist whose practice is in Santa Paula.