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HomeMy WebLinkAboutReso 035-85 Findings HueningRezRESOLUTION NO. 35-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A PLANNED DEVELOPMENT REZONING CONCERNING PA 85-020, TOM HUENING COMMERCIAL DEVELOPMENT WHEREAS, Tom Huening filed an application for a PD RRezoning on two parcels (APN 941-205-4-2, 6,720 sq. ft. and APN 941-205-1-21, 1.5 acres) located on the north side of Dublin Boulevard south of Sierra Court; and WHEREAS, the existing commercial site located immediately to the east is to be' rezoned from a PD with C-2 - M-1 uses to a PD with C-2 uses as part of this application; and WHEREAS, a Negative Declaration has been prepared for this application; and WHEREAS, the Planning Commission did hold a public hearing on said applications on April 15, 1985 and recommended approval; and WHEREAS, the City Council did hold a public hearing on said applications on 5/13/85; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the applications be conditionally approved; and WHEREAS, the City Council did hear and consider all said reports, recommendations, and testimony as herein set forth; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find that: 1) The PD is consistent with the policies of the Dublin General Plan 2) The PD will not have a significant effect on the environment 3) The PD is appropriate for the subject property in terms of being compatible to existing land uses in the area, will be visually attractive, and will not overburden public services. BE IT FURTHER RESOLVED that the Dublin City Council does hereby approve the PD subject to the following conditions: 1) Development on the site shall be consistent with materials labeled Exhibit "A" on file in the Dublin Planning Department titled Dublin Business Center II, Huening Investment Corporation by Burns/Nettle, sheets 1 and 2, dated 4/1/85, and as amended by these provisions. 2) The conditions imposed on the SDR are incorporated by reference into the PD. 3) Any changes or modifications of these plans shall be processed according to Section 8-31.18 of the Zoning Ordinance. 4) Approval of this Planned Development is subject to review at the expiration of two (2) years from the effective date of the PD as is specified in Section 8-31.2(b) of the Zoning Ordinance. DP 83-20 5) 6) Both parcels are to be rezoned to a PD with C-2 uses and regulations, as specified in Section 8-49.1 and 8-49.2 of the Dublin Zoning Ordinance as amended by this PD and Site Development Review. These findings, conditions, and general provisions are hereby adopted as the regulations for the use, improvements and maintenance of property within this District. 7) The previous PD is hereby rescinded and replaced with this PD. PASSED, APPROVED AND ADOPTED this 13th day of May, 1985. AYES: NOES: ABSENT: Councilmembers Hegarty, Jeffery, Moffatt, Vonheeder and Mayor Snyder None City Clerk' DP 83-20