HomeMy WebLinkAboutItem 6.1 VillagePkwyReZn
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CITY CLERK
File # D[fIZJ[Q]-[g~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 1, 1998
SUBJECT:
EXHIBITS:
RECOMMENDATION~' 1)
2)
3)
4)
5)
~ 6)
BACKGROUND:
PUBLIC HEARING: PA 98-049 Planned Development (PD)
District Rezone for property located at 7197 Village Parkway
(Report Prepared by: Carol Cirelli, Senior Planner~
1.
Ordinance adopting Planned Development Zoning District
(with Stage I and Stage 2 Development Plan attached as
Exhibit lA).
2. November 10, 1998 Planning Commission Meeting Minutes
Open public hearing and hear staff presentation
Take testimony from the public
Question staff and the public
Close public hearing and deliberate
Waive reading and introduce the Ordinance approving P A
98-049 Planned Development (PD) District Rezone for 7197
Village Parkway
Continue the public hearing to December 15, 1998 meeting
Interim Zoning Ordinance. On July 21, 1998, the City Council adopted an interim zoning ordinance for
property located at 7197 Village Parkway, which became effective immediately for a 45-day period. The
ordinance established a moratorium on development applications that are not consistent with Community-
Serving Retail, Office and Service, and Eating, Drinking and Entertainment-type uses, excluding drive
through establishments, pending the completion of a general plan amendment and/or zone change study
for the property. The ordinance also includes a finding that approval of projects that would allow the
future use of the property for automotive-related uses, such as service stations, automobile/vehicle
brokerage, rental, sales, service and repair, would result in a threat to public health, safety and welfare due
to the land use incompatibilities with the Community-Serving Retail, Office and Service, and Eating,
Drinking and Entertainment-type uses.
Status report. On August 4, 1998, the City Council received a status report on the measures taken to
alleviate the urgency condition at 7197 Village Parkway and the zone change study. The initial expiration
date of the interim ordinance was September 4, 1998. Because staff was still in the process of completing
the zone change study for the property, it was necessary to extend the ordinance in order to complete the
zone change study.
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COPIES TO:
Property Owner
P A File
Project Manager
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ITEM NO.
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Interim Ordinance extended. On September 1, 1998, the City Council adopted the Interim Ordinance
extending the 45-day moratorium on uses inconsistent with the proposed zone change until July 21, 1999.
Development proposal. Staff met in late September with the prospective buyers of the 7197 Village .
Parkway property that are interested in constructing an approximate 11,000 square foot retail shopping
center at the site with retail commercial uses, such as video rental store; small eating establishments; and
cleaning business. These uses would be consistent with the proposed PD Zoning District land uses.
Planning Commission recommendation. On November 10, 1998, the Planning Commission adopted
Resolution 98-50 recommending that the City Council approve PA 98-049, PD Rezone for 7197 Village
Parkway.
DESCRIPTION:
Zone Change Study. Staff completed a zone change study for the project and determined that rezoning
the property from the C-2, General Commercial Zoning District to a Planned Development (PD) Zoning
District with development regulations similar to the C-l, Retail Commercial Zoning District would best
meet the needs of the City for creating more retail opportunities within the downtown. In addition,
rezoning property to a PD Zoning District allows greater flexibility needed to encourage innovative
development and creative site layout opportunities that meet the intent of the City's Zoning Ordinance and
General Plan. The intent of a PD Zoning District is to create a more desirable use of the land and a better
physical environment than would otherwise be possible under a single zoning district or combination of
zoning districts.
Uses and development standards. The proposed PD Zoning District for the property located at 7197 .
Village Parkway establishes permitted, conditional and prohibited uses, and development standards for the
site. The PD Zoning District would be subject to the C-l, Retail Commercial Zoning District provisions
of the Zoning Ordinance, particularly with regard to land use restrictions and minimum/maximum
development criteria. Application of these standards would result in commercial development that would
be compatible with the surrounding uses.
Permitted uses. The permitted uses for the PD Zoning District fall within three main categories:
Community-Serving Retail; Office and Service; and Eating, Drinking and Entertainment. The PD Zoning
District also includes a list of conditional uses. Both lists of permitted and conditional uses provide
opportunities for retail commercial uses, especially along major roadways and intersections.
Prohibited uses. Based on the City Council's direction and the Interim Ordinance finding prohibiting
uses that would result in a threat to public health and safety due to land use incompatibilities with the
recommended permitted uses, the uses that would be prohibited within the PD Zoning District include:
drive-inldrive-through businesses; service stations and automobile/vehicle brokerage; rental; repairs and
service; sales and service; and storage lots.
Complimentary uses. The permitted Community-Serving Retail, Office and Service, and Eating,
Drinking and Entertainment-related uses of the PD Zoning District would be uses that compliment the
existing retail, commercial office and restaurant uses along Village Parkway and the surrounding
downtown areas. The PD Zoning District standards would also foster a pedestrian-friendly environment
for the area. For example, the proposed zoning would allow outdoor seating without a Conditional Use .
Permit and parking required for any new building can only be located either along the southern or eastern
property boundaries. This would enhance the building's physical and pedestrian-oriented attributes as
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seen from the local roadways and focus one's attention away from the parking lot use. The PD regulations
aIso'include architectural design standards that promote pedestrian interest and pedestrian use, especially
within outdoor seating areas.
Adjacent residential uses. In addition, the PD District regulations were formulated to take into
consideration the residential land uses east of the project site. For example, buildings are allowed a
maximum height of 45 feet, or three stories. So as not to impact the adjacent residential neighborhood,
especially with the potential blockage of natural lighting, the setback regulations require that the setbacks
from the easterly property line increase with each story of building height (i.e., 15 feet first story; 25 feet
second story; and 35 feet third story). Furthermore, the IS foot setback must be landscaped, which would
provide some aesthetic relief for the adjoining residential neighborhood, and help to alleviate any potential
impacts associated with vehicular noise.
Mixed uses. Lastly, in order to continue supporting a pedestrian-oriented theme for the site, the PD
District includes a regulation that all new office developments shall be encouraged to include a mix of
retail and eating/drinking establishments.
ENVIRONMENTAL REVIEW
According to Section 15061 (a)(3) of the California Environmental Quality Act (CEQA), this PD District
rezone project is exempt from CEQA because the zone change will not have the potential for causing a
significant effect on the environment and the zone change is consistent with the Dublin General Plan.
However, any future development that is proposed for the project site will be subject to CEQA review.
STAGE 1 AND STAGE 2 DEVELOPMENT PLAN
Staff attained sufficient information for the project site to prepare a Development Plan that meets the
requirements of both a Stage I and Stage 2 Development plan. The details of development relating to a
site layout, building elevations, floor elevations and landscaping can be addressed through Site
Development Review.
CONCLUSION
The proposed rezone for 7197 Village Parkway is consistent with the City's General Plan policies because
the project will promote compatible commercial retail and office development within the Dublin's
downtown area. Staff recommends that the City Council approve the PD Zoning District for 7197 Village
Parkway. If the City Council approves the Planned Development, staff will return with an Ordinance to
lift the moratorium at the time the Planned Development becomes effective.
RECOMMENDATION
1) Open public hearing and hear staff presentation; 2) take testimony from the public; 3) question staff and
the public; 4) close the public hearing and deliberate; 5) waive reading and introduce the Ordinance
approving PA 98-049 Planned Development (PD) District Rezone for 7197 Village Parkway; and
Continue the public hearing to the December 15, 1998 meeting.
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ORDINANCE NO. - 98
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING ORDINANCE TO ADOPT
THE PLANNED DEVELOPMENT REZONING (P A 98-049) OF PROPERTY LOCATED AT 7197
VILLAGE PARKWAY AT THE SOUTHEAST CORNER OF VILLAGE PARKWAY AND AMADOR
VALLEY BOULEVARD (APN: 941-210-13)
WHEREAS, on July 7, 1998, the City Council instructed staff to initiate a General Plan Amendment
Study and/or Zone Change Study to evaluate appropriate uses for the property located at 7197 Village Parkway
("Property") consistent with the desires of the Council to encourage Village Parkway to develop into a vital
downtown area with offices, restaurants, cafes, retail services, and other pedestrian-friendly land uses; and
WHEREAS, in response to the City Council's direction, staff conducted a preliminary land use
investigation for the Property and recommended the following commercial uses:
Community-Serving Retail: general merchandise stores, clothing/shoe stores, gift/specialty
stores, book stores, and similar stores;
Office and Service: legal offices, medicaUdental offices, travel agency, hairlbeauty salon, other
administrative and professional offices, and similar offices and service uses;
Eating, Drinking and Entertainment: restaurants, cafes, ice cream shops, video rental,
delicatessens, and similar uses; and
WHEREAS, Community-Serving Retail, Office and Service, Eating, Drinking and Entertainment uses,
as those terms are used in this ordinance, do not include automotive-related uses, such as service stations,
automobile/vehicle brokerage, rental, sales, service and repair; and
WHEREAS, on July 21, 1998, the City Council also directed staff to prohibit any drive-through uses
on the Property; and
WHEREAS, on July 21, 1998, the City Council found that the approval of additional subdivisions, use
permits, variances, building permits, or any other applicable entitlement that would allow the future use of the
Property for automotive related uses, such as service stations, automobile/vehicle brokerage, rental, sales,
service and repair, would result in that threat to public health, safety and welfare; and
WHEREAS, on July 21, 1998, the City Council adopted a forty-five (45) day moratorium on the
acceptance, processing or approval of any applications or permits for subdivisions, use permits, variances,
building permits, or any other applicable entitlement on the Property for any uses other than Community-
Serving Retail, Office Service, and Eating, Drinking and Entertainment; and
WHEREAS, due to staff needing additional time to complete the General Plan Amendment Study to
evaluate appropriate uses for the Property, on September 1, 1998, the City Council adopted Ordinance No. ]2-
98 which extended for ten (10) months and fifteen (15) days, from September 6, 1998, until July 21, 1999, the
forty-five (45) day moratorium it adopted on July 21, 1998; and
WHEREAS, staff completed the zone change study and prepared a Planned Development (PD) District
Rezone and Development Plan for the Property in compliance with Ordinance No. 12-98, which rezones the
Property from the C-2, General Commercial Zoning District to a PD Zoning District; and
EXHIBIT 1
WHEREAS, the application has been reviewed in accordance with the California Environmental
Quality Act (CEQA), the State CEQA Guidelines and the City Environmental Guidelines, and detennined to be
exempt from CEQA because the project will not have the potential for causing a significant effect on the
environment. Any future development that is proposed for the project site will be subject to CEQA review; and
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WHEREAS, the Planning Commission did hold a public hearing on the PD District Rezone,
Development Plan on November 10, 1998, and did adopt a Resolution recommending that the City Council
approve a Planned Development Rezone and a Development Plan for P A 98-049; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, properly noticed public hearings were held by the City Council on December 1, 1998 and
December 15, 1998; and
WHEREAS, the Staff Report was submitted recommending that the City Council approve the
application; and
WHEREAS, the City Council did hear and use its independent judgment and considered all said
reports, recommendations and testimony hereinabove set forth.
WHEREAS, pursuant to section 8.32.070 and 8.120.050 of the Dublin Municipal Code, the City
Council makes the following findings:
1.
The Proposed Planned Development Zoning District and Development Plan (Stage 1 and 2) meet the .
purpose and intent of Chapter 8.32 of the Zoning Ordinance because they will provide retail
commercial and office uses that are appropriate for a site which is located at a major intersection within
the Dublin's downtown instead of automotive related uses, which would be possible under the
requirements of the C-2 Zoning District; and
2. Development under the Planned Development Zoning District and Development Plan (Stage 1 and 2)
would be harmonious and compatible with existing and future development in the surrounding areas
and especially with the residential area to the south due to the setback, parking and landscape
requirements of the Planned Development Zoning District and due to the prohibition of automotive and
drive-through uses that would likely cause land use incompatibilities with the adjacent residential uses,
and potential noise and air quality impacts; and
3. The PD Rezone is consistent with the general provisions, intent, and purpose of the PD District Zoning
District of the Zoning Ordinance in that it contains all information required by Chapter 8.32 of the
Zoning Ordinance for a Stage 1 and Stage 2 Development Plan and accomplishes the objectives of
Chapter 8.32, A through H, of the Zoning Ordinance; and
4. The subject site is physically suitable for the type and intensity of the zoning district being proposed
because it is located within a developed downtown area, was previously developed, and because it is
located adjacent to roadways which are designed to carry traffic that would be generated by the
proposed types of uses; and
5.
The proposed amendment will not adversely affect the health or safety of persons residing or working
in the vicinity, or be detrimental to the public health, safety and welfare because the project has been
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built according to City laws and regulations and because the Planned Development Zoning District will
limit land uses to those which are appropriate for this site; and
6.
The proposed amendment is consistent with the Retail/Office designation of the Dublin General Plan
and the proposed use types are permitted by said designation.
NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:
SECTION 1.
Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map
is amended to rezone the following property ("Property") to a Planned Development Zoning District:
Approximately 1.06 acres at 7197 Village Parkway (APN 941-210-13) located at the southeast
corner of Village Parkway and Amador Valley Boulevard.
A map of the Property is outlined below:
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SECTION 2.
The regulations of the use, development, improvement, and maintenance of the Property are set forth in
the Stage 1 and Stage 2 Development Plan (Exhibit lA hereto) which is hereby approved.
SECTION 3.
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public
places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of
California.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin this 15th day of .
December, 1998, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor
ATTEST:
City Clerk
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STAGE 1 AND STAGE 2
DEVELOPMENT PLAN
This is a Development Plan for P A 98-049 pursuant to Chapter 8.32 of the Dublin Zoning Ordinance
for the property located at 7197 Village Parkway (APN 941-210-13), located at the southeast corner of
Village Parkway and Amador Valley Boulevard. This Development Plan meets all of the requirements
for Stage 1 and Stage 2 review of the project.
The land use designations for this P A 98-049 PD Zoning District are established to: a) accommodate a range
of community-serving retail and mixed-use projects incorporating retail, service and/or office uses; b)
provide appropriately located areas for retail stores, offices, and service establishments, offering commodities
and services required by residents of the City and its surrounding market area; c) provide opportunities for
retail stores, offices, and service establishments to concentrate for the convenience of the public and in
mutually beneficial relationship to each other; d) provide space for community facilities and institutions that
appropriately may be located in commercial areas; d) provide adequate space to meet the needs of modem
commercial development, including off-street parking and truck loading areas; and e) minimize traffic
congestion and to avoid overloading of utilities by preventing the construction of buildings of excessi ve size
in relation to the amount of land around them.
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This Development Plan includes: development standards; permitted, conditional and prohibited uses; design
standards and Stage 1 and 2 site plan; labeled Exhibit lA to the Ordinance approving this Development Plan
(City Council Ordinance No. _ - 98), and on file in the Planning Department. The Planned Development
District allows the flexibility needed to encourage innovative development while ensuring that the goals,
policies, and action programs of the General Plan, Downtown Dublin Specific Plan, and provisions of
Section 8.32 of the Zoning Ordinance are satisfied.
A. Permitted Uses/Site Area/Densities:
Permitted Uses:
1.
Community-serving retail uses, including, but not limited to:
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a. General Merchandise Store
b. Discount Retail Store
c. Clothing/Fashion Store
d. Shoe Store
e. Home Furnishing Store
f. Office Supply Store
g. Home Appliance/Electronics Store
h. Home Improvement/Hardware Store
1. Music Store
J. Hobby/Specialty Interest Store
k. Gifts/Specialty Store
l. Jewelry and Cosmetic Store
m. Drug Store
EXHIBIT lA
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n. Auto Parts Store
o. Toy Store
p. Book Store
q. Pet Supplies Store
r. Sporting Goods Store
s. Grocery/Food Store
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2. Office and service establishments, including, but not limited to:
a.. Bank/Savings and Loan
b. Real Estateffitle Office
c. Travel Agent
d. Legal
e. Accounting
f. Medical and Dental
g. Optometrist
h. Architect
1. Employment Agency
J. Hair/Beauty Salon
k. Cleaner and Dryer
1. Shoe Repair
m. Key Shop
n. Tailor .
o. Athletic Club
p. Formal Wear/Rental
q. Other Administrative and Professional Office
r. Technology Access Center
s. Tele-commuting Center
3. Eating, drinking and entertainment establishments including, but not limited to:
a. Restaurant
b. Delicatessen
c. Specialty Food (e.g. bagel shop)
d. Bakery
e. Cafes
f. Ice Cream Shop
g. Sandwich Shop
h. Video Rentals
Site Area: approximately 1.06 acres
Densities: .25 to .50 Floor Area Ratio
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Conditional Uses:
1. In-patient and out-patient health facilities as licensed by the State Department of
Health Services
2. Wine or liquor bar with on-sale liquor license
3. Micro-brewery
4. Video Arcade
5. Public and semi-public facilities (Governmental or institutional-type facilities. Public
facilities include: schools; libraries; city office buildings; State, County and other
public agency facilities; post offices; fire stations; and utilities. Semi-public facilities
include: churches; theaters; community centers; and hospitals).
6. Community care facility/large (7 or more)
7. Other uses that could possibly meet the intent of the Planned Development (PD)
District - Community-Serving Retail; Office and Service Establishments; and Eating,
Drinking and Entertainment uses.
C. Prohibited Uses:
1.
2.
3.
Drive-In/Drive- Through Business
Service Station
AutomobileNehicle: Brokerage; Rental; Repairs and Service; Sales and Service; and
Storage Lot
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D. Dublin Zoning Ordinance - Applicable Requirements: Except as specifically modified by the
provisions of this P A 98-049 PD Zoning District, use, development, improvement and maintenance
of property within this PD Zoning District shall be subject to the provisions of the C-l, Retail
Commercial Zoning District of the City of Dublin Zoning Ordinance with regard to
permitted/conditional uses, land use restrictions and minimum/maximum development criteria.
. E. Development Standards:
1. Setbacks
a. Front and Side Yard (street side):
minimum 10 feet
b. Rear (easterly property line):
minimum 15 feet (for first story)
minimum 25 feet (for second story)
minimum 35 feet (for third story)
c.
Side Yard (southern property line):
minimum 5 feet
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d.
Vehicular access shall be maintained between this property and the property to the
south.
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2. Height Limitations
3 stories, 45 feet high
3. Parking
a. All uses for the site shall comply with Chapter 8.76 Off Street Parking and
Loading Regulations of the Dublin Zoning Ordinance.
b. All parking shall be located on the southern and/or eastern portion of the
property.
4. Landscaping
a. All required setback areas, including the comer area of the property (Village
Parkway and Amador Valley Boulevard) shall be properly designed and
landscaped in order to establish a high level of development quality while
providing for neighborhood identity where appropriate. The design shall
utilize street tree plantings with complementary landscape materials.
b. The comer landscaping should incorporate significant landscape, including .
specimen trees and special "city entry" image treatment whenever appropriate.
The design shall ensure that any comer landscape plan conforms with the
Traffic Visibility Area requirements of the Dublin Zoning Ordinance to protect
public safety.
5. Outdoor Seating
Outdoor seating for eating and drinking establishments are allowed within this PD Zoning
District and may be located in the westerly and northerly (street side) setback areas provided
these uses do not occupy more than 50% of the setback area.
F. Design Standards:
General Commercial Design Standards
1. Any new building developed at the site shall achieve a human scale and
interest. The building shall exemplify a sense of proportion to the physical site
and surrounding properties. The building design shall incorporate building
elements, such as wall insets, balconies and window projections, which may
help produce a proportionate building and reduce the scale of larger buildings.
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2.
The building color shall be compatible with the neighborhood and shall
reinforce the visual character of the environment of the proposed buildings.
Integral coloring of concrete, stucco, and similar materials is encouraged.
Bright colors may be used to provide an attractive and distinctive accent to the
building.
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3. The choice of materials, colors, signs and the level of architectural detailing for
the new buildings shall be thoughtfully integrated into the design of all
building elevations.
Retail Commercial Center Design Standards
1. All new retail commercial development with eating and drinking
establishments may incorporate an outdoor seating area, activity plaza or
courtyard to enhance pedestrian use; public and civic interaction; and events.
2. All furniture and accessories provided for the outdoor seating area shall be
compatible with the architectural design of the building.
3. In order to promote a pedestrian environment, the ground floor level of the
buildings shall include display windows, courtyard entrances and other
elements of pedestrian interest.
. G.
Proposed Development:
I. Any new development proposed for the site shall be subject to a new Development
Plan pursuant to Chapter 8.32 of the Zoning Ordinance and a Site Development
Review permit. The decisionmaker for the Site Development Review shall be the
Community Development Director (and his/her designee).
2. New office building developments shall be encouraged to include a mix of
community -serving retail uses, and eating, drinking and entertainment
establishment-type uses.
H. Site Plan and Architecture:
A Site Development Review shall be prepared for this project which shall provide a site plan, floor
plans, building elevation plans and any other applicable architectural plans or other documents as
required by the Director of Community Development.
I. Phasing Plan:
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The project shall be constructed in one phase of development. If the Developer decides to construct
the project in phases, a phasing plan shall be submitted for the review and approval of the Community
Development Director.
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J. Landscaping Plan:
A preliminary landscaping plan in compliance with Chapter 8.72, Landscaping and Fencing
Regulations of the Zoning Ordinance shall be required for the Site Development Review.
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Stage 1 and Stage 2 Development Plan
Site Plan
7197 Village Parkway
(APN 941-210-13)
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s. Huston stated Traffic Studies have been done to addresses the levels of traffic this project would generate and there have
bee conditions of approvals to address this underthe street improvement section of the resolution.
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stated this site takes care of all ofthe park.n- ride requirements for the area west of Tassajara Road.
Mr. Dimanto aSK
Ms. Huston stated there as a Phase I site analysis that did not identify any asbestos on the site.
Mr. Dimanto asked if there we adequate number of lanes on Tassajara Road with the proposed widening.
Cm. Musser indicated he thought Ta . ara and Dublin Boulevards would be 6 lanes, with reservation for 8 lanes from the 580
freeway to Dublin Boulevard, for future . dening.
A RESOLUTION OF THE PLANNIN
OF THE CITY OF DUBLI
RECOMMENDING THAT THE CITY COUNCI
PLANNED DEVELOPMENT (PD) REZONE / DEVEL
FOR P A 98-047 THE KOLL DUBLIN CORPORATE
PPROVE A
ENT PLAN
NTER
.
Mr. Dimanto asked for a copy of the traffic rep
Mr. Peabody indicated that he could pick one up at th
On motion by Cm. Musser seconded by Cm. Oravetz, inc ing all the changes and with a vote of 5-0, the Planning
Commission unanimously adopted
RESOLUTION NO. 98-51
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING THE TENTATIVE PARCEL MAP AND
SITE DEVELOPMENT REVIEW
FOR PA 98-047 THE KOLL DUBLIN CORPORATE CENTER (Tract No.)
8.1 PA 98-049 Planned Development (PD) District Rezone for Property Located at 7197 Village Parkway The
property located at 7197 Village Parkway is proposed to be rezoned from the C-2, General Commercial Zoning District to a
Planned Development (PD) Zoning District that will promote compatible commercial retail and office development within
the Dublin's downtown area. The PD Zoning District would be subject to the C-I, Retail Commercial Zoning District.
Cm. Jennings asked for the staff report.
Mr. Peabody indicated that Carol Cirelli was the project manager for this project, however, she was unable to attend the meeting
and Dennis Carrington would present the staff report in her place.
Dennis Carrington, Senior Planner, presented the staff report and gave a brief explanation of the project. He stated that some of
the basics for the project were that the FAR was changed from .2 to .5 which would allow an office use on the 2nd floor; also
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Planning Commission Meeting Minutes
96
November 10, 1998
EXHIBIT 2
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that the maximum height was 45'; that the setbacks were 15 feet for one story, 25 for 2 story and 35 for 3 story. This site was
encouraged for mixed uses of eating and drinking establishments. He passed out a copy ofthe revised Ordinance and
Development Plan that should replace the ones that were in the packet.
Mr. Peabody stated there was not much difference in the Ordinance, it just allowed the applicantto not have to come back with a
Stage 2 development plan, but come back with a Site Development Review.
Mr. Carrington indicated that staff had received a letter today from Tosco marketing Company, which in effect, protested the
rezoning of this property. As copy of the letter was handed out to the Planning Commission and a copy given to the Recording
Secretary for the record. Mr. Carrington stated staff recommended the Planning Commission adopt the Resolution with Exhibit
2 as revised.
Cm. Johnson asked if the property had been sold.
Mr. Carrington stated it was in the process of being sold, and the possible buyer has had talks with Carol Cirelli regarding this.
Cm. Musser asked ifthis was staffinitiated.
Mr. Peabody stated it was City Council initiated.
Keith Marr, representing Tosco, said their concern was that they did not want the rezoning to happen, they perceive the rezoning
as diminishing the value of the property. Also, that is could be possible that the process of the rezoning could delay the closing
of the property by the buyer. They want to mitigate the delay ofthe sale.
Cm. Jennings asked ifthese accusations are true.
Mr. Peabody stated the City was not a party to the sale of this property. He stated that the City Council directed staffto go
forward with this rezoning and this item will go before the City Council on December 1.
Cm. Jennings asked when the escrow was scheduled to close
Mr. Marr stated it was scheduled to close sometime in January, 1999.
Cm. Jennings stated the buyer ofthe property was aware of the rezoning and they were working with stafftowards this rezoning.
Mr. Marr stated that they were in the process of the sale when they found out there was a rezoning taking place.
On motion by Cm. Hughes seconded by Cm. Johnson, and with a vote of 5-0, .the Planning Commission unanimously
adopted
RESOLUTION NO. 98 - 50
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL APPROVE A
PLANNED DEVELOPMENT (PD) DISTRICT REZONE / DEVELOPMENT PLAN (STAGE I) FOR PA 98-049
PROPERTY LOCATED AT 7197 VILLAGE PARKWAY
OTHER BUSINESS:
Planning Commission Meeting Minutes
97
November 10, 1998