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HomeMy WebLinkAboutItem 6.1 TrumarkHomesPDRezn ~;Ai~:;~.,:,\' . ' . ~ . " CITY CLERK File # n~~[Q]-~[Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 25, 1996 PUBliC HEARING TrumarkHomes PD Rezone (P~ (Report Prepared By: Jeri Ram, Associate Planner) A Ordinance Amending the Zoning Ordinance to permit Rezoning B. Resolution Approving and Establishing Findings and General Provisions and Conditions of Approval for a Planned Development Rezone SUBJECT: EXHIBITS ATfACHED: RECOMMENDATION:., ,.rV 1) f. UV' v 2) \ 3) 4) 5) 6) .~1NANCIAL STATEMENT: DESCRIPTION: Open continued public hearing and hear staff presentation Take testimony from Applicant and public Question staff, applicant and public Close public hearing and deliberate Waive second reading and adopt ordinance amending the Zoning Ordinance. (Exhibit A) Adopt Resolution Approving and Establishing Findings and General Provisions and Conditions of Approval for a PD Planned Development Rezoning (Exhibit B) No financial impact. Request for a Planned Development Rezoning to allow 92 single family detached residential units on approximately 8.9 acres of land. BACKGROUND: On May 14, 1996, the City Council, upon recommendation of the Planning Commission, approved a Mitigated Negative Declaration, Mitigation Monitoring Program on the entire project and General Plan Amendment for the site. The General Plan Amendment changed the land use designation from "Transportation Corridor" to "Medium Density Residential. " .:" -------- COPIES TO: Trumark Homes Southern Pacific Railroad In House Distribution ITEM NO. 6.L . .I>~\. On June 4, 1996, the Planning Commission approved a Vesting Tentative Subdivision Map and Site · " Development Review for the project. At that same meeting the Planning COnmUssion recommended approval of a Planned Development Rezone to the City Council. A copy of the Planning Commission Staff Report for the ,'June 4, 1996, meeting was attached to the June 11, 1996, staffreport. Additional copies are available in the .':'~:'. Planning Department. .. ',.:' On June 11, 1996, the City Council heard a staff report on the Planned Development Rezone, heard public testimony, introduced the Ordinance, and continued the public hearing to June 25, 1996. A copy of the staff report from that meeting is available in the Planning Departnient. ANALYSIS: Environmental: The :Mitigated Negative Declaration and :Mitigation Monitoring Program were approved by the City Council on May 14, 1996. General Plan Consistencv: The Generid Plan Amendment that was approved for this project changing the Land Use Designation from "Transportation Corridor" to "Medium Density Residential" was effective on June 14, '1996. The density range permitted by a Medium Density Residential Land Use Designation is 6.1 to 14.0 dwelling units per acre. This project is proposed to have 11 dwelling units per acre. This proposal is, therefore, consistent with the Medium Density Residential Land Use Designation in the Dublin General Plan. Planned Develoument Rezone: ~':;'/':: The Applicants are requesting approval of a Planned Development (PD) Rezone to establish the General Provisions and Development Regulations that would implement the Medium Density Residential Land Use Designation of the General Plan for the 8.9:1: acre project area. The General Provisions and Development Regulations and Conditions of Approval, are set forth in :full in Exhibit B. Recommeadatjon: Staff recommends that the City Council reopen the continued public hearing, deliberate, waive the second reading and adopt the Ordinance amending the Zoning Ordinance to allow a PD Rezone (Exhibit A) and adopt the Resolution Approving and Establishing Findings and General Provisions and Conditions of Approval for a PD Planned Development Rezoning (Exhibit B). G:\P A96-O 14\6..2SQeSI' ..... 2 ORDINANCE NO. - 96 .: AN ORDINANCE OF THE CITY OF DUBLIN ~ * * * ~ * ~ ~ * AMENDING THE ZONING ORDINANCE TO PERMIT THE REZONING OF PROPERTY LOCATED WEST OF DOUGHERTY ROAD ALONG THE SOUTHERN PACIFIC RIGHT OF WAY (APN: 941~0205-006-010) The City Council of the City of Dublin does ordain as follows: Section 1 Chapter 2 of Title 8 of the Dublin Ordinance Code is hereby amended in the following manner: Approximately 8.9 acres generally located west of Dougherty Road, on the Southern Pacific Right of way, east of Alamo Creek, more specifically described as Assessor's Parcel Number 941-0205-006- 010, are hereby rezoned from M-l to Planned Development Single Family Residential District (92 dwelling units), Trumark Homes, as shown and described on Exhibit A (Planned Development Plan), and Exhibit C (Resolution No._ Approving and Establishing Findings, General Provisions and Conditions of Approval), exhibits to the Staff Report dated June 11, 1996, to the City Council, on file with the City of Dublin Department of Community Development, and hereby adopted as the regulations for the future use, improvement, and maintenance of the property within this District. A map of the rezoning area is outlined below: .:::~;'.:,:~~-;, \~X' );- .....~v.~ ......."- ~ ~ \,/ .....-'9'"' . . \.,./. .' :\ '-~{~ \.~.~~;\...~r..:.. I .\ ... \" .~\ ... -" .'....;..... a. '/ .,', ./:. ". -,,\,--, ..,..1'''''''', \...,...... :<'"'. ("- "" ....';'. _". .... 0 '7 .;.....%/" .,?:::::......"." "'" (J . ....;./. -' - :::.----:----\. " , :\. " /--~ ;~~..... ..~~ \\....~. ,\ .- /. ...7-' . .-- ). ....-. ,"' \ ..-:S-,~:'. .~:.-(:---:'" :;..:' :.:. . .... ....-'\., po "": .. ~ ,~\ '..-" ,". -" -:.~ ........o#'~~ _'-, "__. . ',' ;.. ( / ................~.~..:::;.-'1 . . '. "., . .........~....__-, :-"'--"''''___, "-;--1 .::--, w:~S L.::"'~ ~'---;::: . ,"., .....;..~~"'-- -..:......:)>...' . '\ ~ ..--..... --....... ~......~~. \.J ,,~ ,......... r-----,~ , '. . ~ :... ~ ----- . r. _. ~"".'.~ .i._.....'-.,. ".. =-:~ =~;s.lf.~~~./ : __' -;. "-" -, . ~.. ........../ I as... . --:'-"'...~ .....,' '-- __' ___ , -- ~,- ~ ........ ' -, ::::-. ". - :: ~," .. . " , ~ . , -~ -: ., M - ! ; . : ~~':""": " : ',,-- . .~~~-;:-~...... ; : '~~"':-. ,'," .:.:::. -------- ~ '-;- --------- \. .. -' '. ........ .'-- -...... -:"' i -- '-. ......... '_-'........:...... I . -:'---.: . ~ ---- ........ / -, :~ ~ ..~ .::: .- ~ ..::-.... --:- , -:-- '~- :;-;..:::- .~t ,.~': ~..:...! . '---'-' :::::-...... ,- ~', ~/:' -'- .,,-- \~' ~::: ; ~:::" , ...~~ ~ I ",S ..~ <- ,..J,.- -;; 'r-) ;8 j; I \ , . e- ",' ~:::: o~o ~i!:~ ... ...=~ J. I ., ,- --.., i I .,..-.... :-"',J ...__" A .--r--; r . I I ~1 CIIf'P . I :Df"~; !-_..~ C a.'" -..ra ....- . .wo:.- _ ....,.......~T'tIIlIiIIII . 1---:-- PO P'" 'C 5 -018 -I I I t I ~ . . -- - ~,:..a..:....~;I".~ . I I I ......:....--: , ....... I r'" I'" II ";" U EXHIBIT A ?:' P~~.3~"":: Section 2 . This ordinance shall take effect and be enforced thirty (30) days from and after its passage. Before e:: the expiration offifteen (15) days after its passage, it shall be published once, with the names of the Councilmembers voting for and against same, in a local newspaper published in Alameda County and available in the City of Dublin. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 25th day of June, 1996, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: .'--:--.. - :. ~ City Clerk G:\PA96-O1 4\ORD K2/6-25-96/ordtrue. doc ." RESOLUTION NO. .:, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN lII:****lII:lII:***lII: APPROVING AND ESTABLISHING FINDlNGS AND GENERAL PROVISIONS FOR A PLANNED DEVELOPMENT (PD) REZONING CONCERNING P A 96-014, TRUMARK HOMES WHEREAS, Trumark Homes has requested approval of a Planned Development Rezoning to establish General Provisions and Development Regulations for a residential development consisting of 92 single family homes on approximately 8.9 acres (APN 941-0205-006-010); and WHEREAS, a complete application for a Planned Development Rezoning is available and on file in the Planning Department; and WHEREAS, on May 14, 1996, the City Council of the City of Dublin approved a Mitigated Negative Declaration and Mitigation Monitoring Program for this project; and WHEREAS, the Planning Commission did hold a public hearing on said application on June 4, 1996, and did adopt a Resolution recommending that the City Council approve and establish findings, ., general provisions, and development standards for a Planned Development Rezoning for PA 96-014, .:.:: Trumark Homes; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending that the City Council approve the Planned Development Rezone subject to conditions prepared by Staff; and WHEREAS, the City Council did hear and use their independent judgment and considered all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby make the following findings and determinations regarding said proposed Planned Development Rezone: 1. The Planned Development Rezone, as conditioned, is consistent with the general provisions, intent, and purpose of the PD District Overlay Zone of the Zoning Ordinance and the General Plan as amended by action of the City Council on May 14, 1996, effective June 14, 1996. The Planned Development Rezone will be appropriate for the subject property in tenns of providing General Provisions which set forth the purpose, applicable provisions of the Dublin Zoning Ordinance, range of permitted and conditionally permitted uses, and Development Standards; which will be compatible with existing commercial, industrial and residential uses in the immediate vicinity, and will enhance development of this area; and .'..,., , , 2. The Planned Development Rezoning will not have a substantial adverse affect on health or safety or be substantially detrimental to the public welfare or be injurious to property or public improvement as all applicable regulations will be met; and 1 EXHIBIT B 3. The Planned Development Rezoning will not overburden public services as all agencies have.,-, commented that public services are available; and . 4. The Planned Development Rezoning will be consistent with the policies of the Dublin General Plan designation of Medium Density Residential because the project would create development within the densities allowed by this designation; and 5. The Planned Development Rezoning will create an attractive, efficient and safe environment through Conditions of Approval; and 6. The Planned Development Rezoning will benefit the public necessity, convenience and general welfare and is in conformance with Sections 8-31.0 to 8-31.19 of the Dublin Zoning Ordinance; and 7. The Planned Development Rezoning will be compatible with and enhance the general development of the area because it will be developed pursuant to Conditions of Approval and site development review; and 8. The Planned Development Rezoning will provide an environment that will encourage the efficient use of common areas to create an innovative type of neighborhood. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby approve a Planned Development Rezoning including the following General Provisions and Development Standards for PA 96-014, Trumark Homes, which constitute regulations for the use and improvements of the 8.9:1:: acre parcel 941-205-006-010. .'. , , GENERAL PROVISIONS AND DEVELOPMENT STANDARDS GENERAL PROVISIONS A. Purpose This approval is for a Planned Development (PD) District Rezoning for P A 96-014, Trumark Homes. This PD District Rezone includes a Land Use and Development Plan, which is represented by materials labeled Exhibit A, stamped approved and on file with the Dublin Planning Department, which include a Vesting Tentative Subdivision Map prepared by Ruggeri-Jensen & Associates dated Received May 7, 1996; Preliminary Landscape Plan prepared by Site Concepts California, dated Received April 30, 1996; and Elevations and Site Plan prepared by KTGY Group, Inc., dated Received May 15, 1996, and Color and Material Board (5 Schemes) prepared by KTGY Group, Inc., dated Received May 15, 1996. The PD District Rezone allows the flexibility needed to encourage innovative development while ensuring that the goals, policies and action programs of the General Plan are met. B. Dublin Zoning Ordinance - Applicable Requirements Except as specifically modified by the provisions of the PD District Rezone, all applicable and general requirements and procedures of the Dublin Zoning Ordinance R-l District shall be applied to the PD Single Family Residential designated lands in this PD District. .:, 2 C. General Provisions and Develooment Standards . 1. Intent: This Planned Development District IS to be established to provide for and regulate the development of the Trumark Homes Subdivision. Development shall be generally consistent with the Land Use Development Plan. This approval rezones 8.9 acres currently zoned Light Industrial (M-l) to 8.9 acres zoned PD Single Family Residential District (92 dwelling units at 11 dwelling units per acre). 2. PD Single Family Residential Permitted Uses: The following principal uses are permitted in the PD Single Family Residential district: A. Residential development limited to: 1. Single Family Detached houses Prohibited Uses: The following uses are prohibited in the PD Single Family Residential district: I. Field Crops 2. Orchards 3. Plant Nurseries '... . , Conditional Uses: All conditional uses m the R-l District are conditional uses in the PD Single Family Residential district with the exception of prohibited uses listed above. 3. Setbacks and Yards Development Standards: Development standards within the PD Single Family district are as follows. A. Minimum Single Family Setbacks: The minimum setbacks for single family detached houses shall be as follows: ...... ".. ..."" ............ "w&i~':~R:~:~::~:'.:.,.':.. :ST18NDARD . .. ........... - . . . . . . . . . . . . Building Site .~':.:'~.~.~.. . . ....IBIIII.:!!i!<!.!.:i!ji!ii!il..:.ii.ii11i:I.:.. Per Land Use and Development Plan ."'RJ'....'..;"'."""'.'Z""""O."""'NlN'."'. ......,;"'G'''''.'D''''"I""'.S"""T.....RI'""""""G""""q;"""".'.S"""m-"''''AN1)'''''.':..,.;....,""""ARl)"""""",.,'-',...,........,' .. ,. n. . .. , .. . ..... ... ". ,',', ...".]....'" ,"'" ,'....'.."', " "", , ,'", ,,',' '" ,,', '-' "'. ',' ',' " ',', .....:) ~~: :;r ...: :':... :. . .":< . ':: .::; ::::. -:... :::. ::: ' ::;":: :::=::". } :::... ..: '. ' :.:..: :. : . ... -: .:::::::; ......",. ................... . ....................., ...................... .............., :.:.:.:::...;..',.:':-..:.:-:.:-:.:-:.:-:.:.:.:.:-:-:-:-:-:-:.... ..-:..-:...:-:.:.:.:.:.::.:-:-:.......:...,..:.:-:.:-:.:...:-:-:-:-:....... ..............'.'.':':"':"':':-:-:-:.:-:...:':-:-:':-::-:.:':, : :-:':.::.:::::::::::::.:::.:.:::.:'::;;;:,::::.::--:::::.:::::.:::::.:... . . . . . . . . . . .. .. ., . . . . . . ... . ... ........ ........",.......... ............. ......'.,'....... Yards/Setbacks A. Front Yard Plan 10 and Plan 11(1ots 39 & 43) - 3 feet to back of sidewalk or back of curb if no sidewalk exists; Plans 11&12 (except lots 39 & 43) - 5 feet to back of sidewalk or back of curb if no sidewalk exists. Median Lot Width of 50 feet and area not less than 5,000 sq.ft. Corner lot not less than 6,000 sq.ft. 20 feet .:," 3 ':::$YFE':'(ip::':':'::':::':;:< :.:.:.:. ::::llIiIi~~;:::!::L/ \RLFZONIN"GOISTEl,CTSTANbARD ...... ...-..' ........ ...............'.." , , ... .., . .. . .... ...... ".. n. ... ... . ..... ..... ...., . .. ". ........ 'ism..,' ,.. "''':, , ::::::~ B. Rear Yard 1 0 feet (except lots 2,3,6,74 20 feet & 75, average 7.5 feet) C. Side Yard 4 feet (1 foot projection of 5 feet (plus 1 foot for each additional 1 0 (interior) fireplace/media niche into feet that the median lot width exceeds 50 setback) feet up to a maxImum of I 0 feet. D. Side Yard 5 feet from back of sidewalk I 0 feet. (comer) or back of curb ifno sidewalk exists unless adjacent parking bay, then 3 feet from back of sidewalk or back of curb ifno sidewalk exists. ~ . ":,, PLANNED DEVELOPl\1ENT REZONE CONDITIONS OF APPROVAL: Unless stated otherwise. all Conditions of Approval shall be complied with prior to final occupancy of any building. and shall be subiect to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the Conditions of Approval. rPL] Planning. rBl Building. [POl Police. rPWl Public Works. rADMl Administration/City Attorney. rFINJ Finance. [Fl Dougherty Regional Fire Authority. (DSRl Dublin San Ramon Services District tCO] Alameda County Flood Control & Water Conservation District (Zone 7). 1. The Land Use and Development Plan is conceptual in nature. No formal amendment of this PD Rezone will be required as long as the materials submitted for the Vesting Tentative Subdivision Map and Site Development Review are in substantial conformance with this PD Rezone. The Community Development Director shall determine conformance or non-conformance and appropriate processing procedures for modifying this PD Rezone (i.e. staff approval, Planning Commission approval of Conditional Use Permit, or City Council approval of new PD Rezone). Major modifications, or revisions not found to be in substantial conformance with this PD Rezone shall require a new PD Rezone. A subsequent PD rezone may address all or a portion of the area covered by this PD Rezone. [PL] .... :. iJ :; 2. Additions to residences in this project are prohibited. [PL] 3. The developer shall pay a Public Facilities Fee in the amounts and at the times set forth in the City of Dublin Resolution No. 32-96, adopted by the City Council on March 26, 1996, (plus any annual increase) or in the amounts and at the times set forth in any resolution revising the amount of the Public Facilities Fee. The Community Parks portion of the fee is not anticipated to exceed $3,332.00 per unit. The Neighborhood Parks portion of the fee shall be computed in accordance with Section 9.28 of the City Municipal Code. [PW] .,:: 4 . ....,. " ..,. ":>,. PASSED, APPROVED AND ADOPTED this 25th day ofJune, 1996, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G: \P A96-0 14\ccres K2/6-25-96/resotrue.doc 5