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HomeMy WebLinkAbout8.1 BART SP Amend Study Windstar CITY CLERK File # D~[][l2J-[5]~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 5, 2007 SUBJECT: ATTACHMENTS: 4) 5) RECOMMENDATION: (I!!' 1) .~ i'/ 2) ~ 3) FINANCIAL STATEMENT: DESCRIPTION: PA 06-009 Windstar: Request to initiate a West Dublin BART Specific Plan Amendment Study to increase the residential density at 6600 Golden Gate Drive, commonly referred to as the Windstar Project (APN 941-1500-046). Report prepared by Erica Fraser; Senior Planner 1) Resolution authorizing initiation of a West Dublin BART Specific Plan Amendment Study. Resolution denying initiation ofa West Dublin BART Specific Plan Amendment Study. Ordinance 8-04 Amending the West Dublin BART Specific Plan and Rezoning 6600 Golden Gate Drive. Letter from the Applicant requesting a density change. West Dublin BART Specific Plan Land Use Plan. 2) 3) Receive Staff presentation; Receive comments from Applicant and the public; and Adopt Resolution approving the West Dublin BART Specific Plan Amendment Study request (Attachment 1); or Adopt Resolution denying the West Dublin BART Specific Plan Amendment Study request (Attachment 2). None. Windstar has proposed a 309-unit residential project on a 3.66-acre vacant site at 6600 Golden Gate Drive in the West Dublin BART Specific Plan area. The property has a General Plan land use designation of High Density Residential (25.1+ dwelling units per acre), and a West Dublin BART Specific Plan land use designation of Residential (30-58 dwelling units/acre). An aerial view of the project site and its surroundings are shown below on page 2. Because the West Dublin Specific Plan limits the maximum number of units permitted on the site to 210 dwelling units, the Applicant is requesting a Specific Plan Amendment to increase the maximum density range to permit the proposed 309-unit project. (The COPY TO: Applicant/Property Owner File In House Distribution ITEM NO. !t. , Page 1 of 4 G:\PA#\2006\06-009 Windstar Condos - TMAP, SDR, PD\CC\CCSR Initiate SPA.doc applicable General Plan designation of high density residential has no maximum range; therefore, the General Plan is not required to be amended.) Background On December 19, 2000, the City Council adopted a Resolution approving the West Dublin BART Specific Plan which re-designated the plan area to encourage high-intensity mixed-use development near the future West Dublin BART station. On March 2, 2004, the City Council approved Resolution 29-04 adopting an addendum to a Negative Declaration to the Downtown Specific Plan and the Supplemental Environmental Impact Report for the West Dublin/Pleasanton BART Station and the Transit Village Project for the Stage 1 Development Plan for this project. At the same meeting, the City Council also approved Resolution 30-04 which waived the requirements of the City's Inc1usionary Zoning Regulations for the Windstar site. On March 16,2004, the City Council adopted Ordinance 8-04 (Attachment 3) amending the West Dublin BART Specific Plan to increase the density on the Windstar site to allow up to 210 dwelling units (an increase from 160 dwelling units originally permitted by the West Dublin BART Specific Plan) and rezoning the property to allow the residential development, a l50-room hotel and retail commercial development. In November of 2006, Windstar submitted an application for a Stage 2 Rezone and Site Development Review to construct a 21O-unit residential project. On February 13,2007, the Planning Commission held a Study Session to review the proposed 2l0-unit residential project. The Planning Commission was complimentary of the proposed project and design of the development. Page 2 of 4 In May 2007, (following the Planning Commission Study Session) the Applicant submitted a revised application requesting an increase in the allowable density on the site from the 210 units currently allowed by the Specific Plan to construct 309 units on the project site (Attachment 4). ANALYSIS: West Dublin BART Specific Plan The project site is located within the West Dublin BART Specific Plan area. This Specific Plan was adopted by the City of Dublin on December 19, 2000, for the purpose of directing the land use, circulation, infrastructure and development for 71.40 acres of land located in the central portion of Dublin, west of the 1-680 freeway and north of the 1-580 freeway. The West Dublin BART Specific Plan area allows for the development of a range of residential, commercial office, retail, employment and public/semi-public uses. The General Plan designation for the site is High Density Residential which permits 25.1 units or more per acre. Because the existing designation does not limit the number of units on the site, the General Plan would not need to be amended to accommodate the Applicant's proposed project. The West Dublin BART Specific Plan designates the project site as Residential. The Specific Plan land use designation permits a density of 30-58 units per acre on the project site. The Applicant is requesting an increase to the allowable density of 58 - 84 units per acre which requires a West Dublin BART Specific Plan Amendment. Specific Plan Amendment Request Following the February 2007 Planning Commission Study Session, the Applicant requested an amendment to the project to allow the construction of a residential development with 309 units (an increase of 99 units). The Applicant has requested this change for several reasons which are explained in the Applicant's letter included as Attachment 4. The Applicant states that construction of a high quality residential project with 210 units on this site is not financially feasible. Therefore, Windstar has requested an increase in the number of units permitted for the site from 210 to 309 units. The development of the site at 6600 Golden Gate Drive plays an integral part in financing the construction of the West Dublin BART transit station. The parking garage for the future BART station is currently under construction and construction of the station is anticipated to begin shortly. The Windstar project is anticipated to be the first private project under construction in the area and could act as a stimulus for redevelopment in the Specific Plan area. The West Dublin BART Specific Plan designates the project site as Residential which permits a density range of 30 to 58 residential units per acre. As proposed, the Applicant is requesting an amendment to the Residential land use designation in the Specific Plan to increase the maximum permitted number of units in the Residential land use category from 58 to 84 units per acre to allow the construction of the proposed Windstar project with 309 dwelling units, which would constitute a maximum density of 84 units per acre. The proposed increase in the allowable density for the Residential land use designation will only affect the Windstar property because the Windstar property is the only site with the Residential land use designation in the West Dublin BART Specific Plan area at this time (Attachment 5). The 2006/2007 City Council Goals and Objectives includes the preparation of a Comprehensive Downtown Specific Plan, which combines the Downtown Core, Dublin Downtown, Village Parkway, West Dublin BART and San Ramon Specific Plans into one specific plan, as a high priority goal. On April 17, 2007, the City Council approved a consultant services agreement with Downtown Solutions for Page 3 of4 the preparation of the Comprehensive Specific Plan. Completion of the Comprehensive Specific Plan is anticipated in the fall of2008 (approximately 18 months). While the West Dublin BART Specific Plan is a part of the Comprehensive Downtown Specific Plan, due to the timing of this project, an amendment to the West Dublin BART Specific Plan would be required to allow an increase on the allowable density for the Windstar site. The Applicant is requesting that the City Council authorize the proposed amendment at this time in order to allow the construction ofthe project, at a higher density than is currently permitted by the Specific Plan, which is anticipated to occur prior to completion of the Comprehensive Specific Plan. If the Council authorizes the Amendment Study, Staff anticipates that the Planning Commission and City Council will review the proposed project during public hearings in the fall of2007. CONCLUSION: Ifthe City Council authorizes a West Dublin BART Specific Plan Amendment for the property at 6600 Golden Gate Drive, Staffwill: · Continue processing the project application and analyze the specifics of how the increase in the number of units on the site will impact traffic and circulation in the Specific Plan area; and · Study the land use plan, architecture and circulation routes. Although the City Council is considering the initiation of a Specific Plan amendment only at this stage, the project will come before the City Council at a later date for a Stage I Planned Development Amendment and Stage 2 Rezone. RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff presentation; 2) Receive comments from Applicant and the public; and 3) Adopt Resolution approving the West Dublin BART Specific Plan Amendment Study request (Attachment 1); or Adopt Resolution denying the West Dublin BART Specific Plan Amendment Study request (Attachment 2). Page 4 of 4 \~ /3 RESOLUTION NO. XX - 07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING THE INITIATION OF A WEST DUBLIN BART SPECIFIC PLAN AMENDMENT STUDY FOR THE WINDSTAR PROJECT LOCATED AT 6600 GOLDEN GATE DRIVE (APN 941-1500-046) P A 06-009 WHEREAS, Mr. Eric Heffner, on behalf of Windstar, has submitted an application for a Stage I Planned Development amendment, Stage 2 Rezone and Site Development Review for the construction of309 dwelling units on a 3.66 acre parcel located at 6600 Golden Gate Drive; and WHEREAS, the project site has a General Plan land use designation of High-Density Residential which permits 25.1 or more dwelling units per acre and therefore, the request is consistent with the General Plan land use designation; and WHEREAS, on March 16, 2007, the City Council adopted Ordinance 8-04 amending the West Dublin BART Specific Plan and rezoning the parcel located at 6600 Golden Gate Drive to Planned Development with a related Stage 1 Development Plan for the construction of 210 dwelling units, a hotel and a retail development; and WHEREAS, the Applicant has requested an increase in the density that is permitted in Residential land use designation (30-50 units per acre) in the West Dublin BART Specific Plan to 58 - 84 units per acre; and WHEREAS, in order to consider the Windstar project on a portion of the parcel, as proposed by the Applicant, an amendment to the West Dublin BART Specific Plan Amendment would be required to change the maximum permitted density on the residential site from 210 dwelling units (58 units/acre) to 309 units (84 units/acre); and WHEREAS, additional entitlements including a Stage 1 amendment, Stage II Planned Development re-zoning, Site Development Review and other associated permits would need to be processed before development could occur; and WHEREAS, the initiation request has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and was found to be Categorically Exempt under Section 15306, Class 6 of the State CEQA Guidelines; and WHEREAS, a Staff Report was submitted outlining the issues surrounding the request; and WHEREAS, the City Council did hear and consider all such reports, recommendations, and testimony hereinabove set forth, and supports the initiation of a Specific Plan Amendment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the initiation of a West Dublin BART Specific Plan Amendment Study for property at 6600 Golden Gate Drive. - 1 - I~-:#& B., b/sio1 Attachment 1 , ;<113 BE IT FURTHER RESOLVED that the Applicant shall pay for all processing costs involved with the Specific Plan Amendment Study. PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin on this 5th day of June 2007 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\PA#\2006\06-009 Windstar Condos - TMAP, SDR, PD\CC\CC Reso SPA Initiation.doc - 2 - 2; c9,{ /3 RESOLUTION NO. XX - 07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* DENYING THE INITIATION OF A WEST DUBLIN BART SPECIFIC PLAN AMENDMENT STUDY FOR THE WINDSTAR PROJECT LOCATED AT 6600 GOLDEN GATE DRIVE (APN 941-1500-046) P A 06-009 WHEREAS, Mr. Eric Heffner, on behalf of Windstar, has submitted an application for a Stage I Planned Development amendment, Stage 2 Rezone and Site Development Review for the construction of309 dwelling units on a 3.66 acre parcel located at 6600 Golden Gate Drive; and WHEREAS, the project site has a General Plan land use designation of High-Density Residential which permits 25.1 or more dwelling units per acre and therefore, the request is consistent with the General Plan land use designation; and WHEREAS, on March 16, 2007, the City Council adopted Ordinance 8-04 amending the West Dublin BART Specific Plan and rezoning the parcel located at 6600 Golden Gate Drive to Planned Development with a related Stage 1 Development Plan for the construction of 210 dwelling units, a hotel and a retail development; and WHEREAS, the Applicant has requested an increase in the density that is permitted in Residential land use designation (30-50 units per acre) in the West Dublin BART Specific Plan to 58 - 84 units per acre; and WHEREAS, in order to consider the Windstar project on a portion of the parcel, as proposed by the Applicant, an amendment to the West Dublin BART Specific Plan Amendment would be required to change the maximum permitted density on the residential site from 210 dwelling units (58 units/acre) to 309 units (84 units/acre); and WHEREAS, additional entitlements including a Stage 1 amendment, Stage II Planned Development re-zoning, Site Development Review and other associated permits would need to be processed before development could occur; and WHEREAS, the initiation request has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and was found to be Categorically Exempt under Section 15306, Class 6 ofthe State CEQA Guidelines; and WHEREAS, a Staff Report was submitted outlining the issues surrounding the request; and . WHEREAS, the City Council did hear and consider all such reports, recommendations, and testimony hereinabove set forth, and does not supports the initiation of a Specific Plan Amendment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby deny the initiation of a West Dublin BART Specific Plan Amendment Study for property at 6600 Golden Gate Drive. - 1 - Attachment 2 II ~ /3 PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin on this sth day of June 2007 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\PA#\2006\06-009 Windstar Condos - TMAP, SDR, PD\CC\CC Reso SPA Initiation.doc - 2 - 8~ /3 ORDINANCE NO.8 - 04 AN ORDINANCE OF THE CITY OF DUBLIN ~. - AMENDING THE WEST DUBLIN BART SPECIFIC PLAN, AMENDING THE .ZONlNG MAP - TO REZONE A PARCEL AT 6600 GOLDEN GATE DRIVE(APN 941':'1500-046) TO A' PLANNED DEVELOPMENT ZONING DISTRICT, AND APPROVING THE RELATED STAGE 1 DEVELOPMENT PLAN PA 03-033 The Dublin City Council does ordain as follows: SECTION 1: Findings A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows. 1. The Planned Development Zoning District meets the 'purpose and intent of Chapter 8.32 in that it provides a comprehensive development plan that is sensitive to surrounding land uses by virtue of the layout and design of the site plan, and uses creative design and a mix of complementary uses to establish the project as a focal poinffof the area surrounding the future West DublinlPleasanton BART Station. . 2. The Planned Development Zoning District will be harmonious and compatible with existing and future development in the sUrrounding area in that the residential, hotel, and commercial use. ()f the site will be complimentary uses to the future transit West DublinlPleasan10n BART Statiorn The land uses and site plan provide an efficient use of the property and are compatible with the existing retail, office, and light industrial uses surrounding the property as well as to the more intensive land uses that will likely develop in the future. B. Pursuant to Sections 8.120.050.A and B of the Dublin Municipal Ccx:le, the City Council finds as follows. . 1. The Site is a relatively flat, infill site, with existing infrastructure (including roads, sewer, storm drain, potable and recycled water, natural gas, and electricity) located immediately adjacent to the site and no major or unusual physical or topographic constraints and thus is physically suitable for the residential, hote4 and commercial project proposed for the Planned Development Zoning District. . 2. The Planned Development Zoning District 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 in that the project Will comply with all applicable development reguhitions and standards and will implement all adopted mitigation measures. 3. The Planned Development Zoning District is consistent with the General Plan and West Dublin . BART Specific Plan in that the project includes companion amendments to the West Dublin BART Specific.Planwereapproved by the City Council intbisQr<,t.h1ance on March 16, 2004, and .. ..--wlllcii.amendments.proposed~e--1iUi(rusesirid.devetopmentplans'refleaed- iiithenpropose(r.~- ..... Planned Development Zoning District. ATTACHM!:NT 3. b~ 13' c. Pursuant to the California Environmental Quality.Act, the City Cowell adopted an Addendum to both the Negative Declaration for the Downtown Specific Plan and the Supplemental EIR for the West Dublin! Pleasanton.BAR.l' Station and Transit Village Project and certifying that the City reviewed and considered the information contained in the EIR and Negative Declaration, as required to support approval of the project, including approval of the Planned Development Zoning District. . SECTION 2: 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 (''the Property") to a Planned Development (P A 03-033) Zoning District: Approximately 7.26 acres of land located at 6600 Golden Gate Drive and further identified as Assessor Parcel Number 941-15()()"046 A map of the rezoning area is shown below: \ '\:>\ .', -', '" ::::::~\", .~"\>- --'. \;~ '.\., ;1 i -'......" . ", " p ...... '--- r ! i-.--. t i, r , ! W t "-- ;. .~ l.-.' ...--- ~- ;# I ~.nJ f0\ ~ cl - ------ ~ (0) Ui ! . ~ a (RfO) - I~ \ .- (COMA) Parcel to be rezoned SECTION 3: The regulations for the use, development, 'improvement, and maintenance of the Property are set forth in the following Stage 1 Development Plan for the project area, which is hereby approved. Any amendments to the Stage 1 Development Plan shall be in accordance with section 8.32.080 of the Dublin Municipal Code or its successors This is a Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance for residential, hotel, and small-scale commercial development on property at 6600 Golden Gate Drive (APN 941-1500- . ...::...~. I!lls ~elopmentPlan meets all of the requirements for Stage 1 review of the project. .... ........- _~ _'. _'" __. ._..___.. .__ __..'.._..____._...._.__.,.,,,._~,..,,__.'.,,~,_,__.___.__'__'__n'."_"_"_'~~""'_'__~""""'.__'_"__"_~_"'_'_"'"......,...:..._... ,,_ ,_."_....___ ....__.... _.__~ ._. ...._ .._ _'___ H."" .~_..,~.~ ,_,__.. -,.....-.". '. -.-.-- --- -~--.------...----~----.- This Development Plan is also represented by the attached Aerial Photo and Stage 1 Conceptual Site Plan. The Planned Development Zoning District allows the flexibility needed to encourage innovative 2 '1'1 13 development while ensuring that the goals, policies, and action programs of the General Plan,. West Dublin BARTSpecmc Plan, and provisions of Section 8.32 of the Zoning Ordinance are sati.sfied. ---. .Except as specifically modified by the provisions of this Planned Development Zo~ District/Stage I Development Plan, all applicable general requirements and procedures of the Dublin Zoning Ordinance shall be applied to the land uses designated in this Planned Development Zoning District. .. 1. Zoning: Planned Development (P A 03-033), rezoning project site from Planned Development" (pA 02-014, West Dublhi BART Specific Plan) . . 2. Statement of Approved Uses The proposed uses include high-density residential, hotel, and small-scale commercial uses. The residential portion of the development will be located furthest from the freeway and would include 210 apartments in a four-story building wrapped around structured parking. Additional surface parking would be provided along the western boundary of the residential site. The five-story, ISO-room hotel will be located on the southern portion of the site adjacent to 1..580. The ancillary small-scale commercial pad will be located at the end of Golden Gate Drive, adjacent to the hotel. The proposed building will be 7,500 square . feet The commercial uses allowed at the site will be those listed in the West Dublin BART Specific Plan ''Commercial B" land use category: small scale uses including specialty retail, restaurants, offices, entertainment and similar pedestrian-oriented uses. The exact uses petrlutted will be determined at the Stage 2 Development Plan. . The location of the hotel, high-density. residential dwelling units, and commercial padsball be generally as shoWn on the West Dublin BART Transit Village Conceptual Landscape Plan, attached, with minor adjustments to the parking layout and site circulation. These minor modifications will address issues relating to joint vehicular access between this project and the future office imd residential development to the west Another minor modification to be made is the provision of a pedestrian walkway across the BART parcel that would serve to connect the future office and residential development to the west with Golden Gate Drive, thereby providing a more direct route to access the future BART station.. . . 3. Stage 1 Conceptual Site and Landscape Plan (Attached as Exhibit 1) 4. Site Details The Project site is a total of 7.26 acres. The site will ultimately be divided into three parcels. By use, the site areas will be as follows: 3.65 acres for residential, 2.43 acres for hotel, and 1.16 acre for sroaI1- scale commercial.' . 5. Maximum development density permitted . . The maximum density for the residential parcel will be 58 units per acre with a maximum of210 total units. The maximum square footage is 79,500 square feet/ISO rooms for the hotel and 7,500 square feet for the small-scale commer-cial. .. '-' -- - - - -- h___P ... . . .... - _ ._ .... '__U'."_,_"._'__ ._._._,._.._._u__....._.._.,.. n._ ___. ,_. __.'.'. .., '."__ _. _ _.__~___n___.____~'.___._."___. _ _~.~.._~__ _ ~ n __...... .. __,. _ .._ _. _.'. __.'_' .__." ... __._u_ .'__V" _ _.._ ..". _ '. _,__~_.___._ _.... __"..m_._ ,'..._....'_..H' ,-- .... Setbacks and building envelopes for buildings, structures, and parking areas shall be generally as shown on the Stage 1 Conceptual Site and Landscape Plan as attached. The maximum height 3 '21'3 permitted on the parcels shan be in accordance with the West Dublin BART Specific Plan and the City of Dublin General Plan, as amended in December 2000. ~. . 6. Phasing plan . It is anticipated that the constroction of the apartments will commence in the summer of2004 and.will be completed by December 2005. The hotel and ancillary small-scale commercial are anticipated to be under construction from October 200() through December 2007. 7. Coneeptoal Landscape'Plalt (Attaehed as Exhibit 1) 8. Consistency with General Plan and West Dublin BART Specific Plan Portion of General Pkm Land Consistent West Dublin BART Consistent with SPt Project Use tlesigntltion with oPt SpecifIC PItl1t land use tlesitoultion High- " High-Density Yes Residential Yes, upon approval of a SP Density Residential amendment to allow higher unit Residential count (210 units instead of 160 units) and higher density (58 unitslacre instead of 4S Units/acre.) Hotel Ret8il/Office Yes Lod2in2 YeS Small-scale . Retai1IOffice Yes Lodging Yes, upon approval of a SP commercial amendment to Commercial Bland use category to allow commercial use. The West Dublin BART Specific Plan amendment was approved by City Council on March 16~ 2004. The project is consist~t with the' General Plan land use designation for the. site as High Density Residential for the northern portion of the site and Retail/Office for the southern portion of the site. The Retail/Office land use designation allows for such uses as restauran~ retail establishments, and . hotels. . The Specific Plan land use designations for the property are Residential (R) for the northern portion of the property~ and Hotel/Lodging (L) and Commercial B (COM B) for the southern portion of the property (See Exhibit 2). The project density of210 dwelling units at 58 units/acre is consistent with the Specific Plan. 9. Consistency with Inclusionary Zoning Regulations The Applicant requested a waiver of the City's Inelusionary Zoning Regulations under Section 8.68.040 (E) of the City of Dublin Municipal Code. The waiver to the City of Dublin Inclusionmy ,Zoning Regulations was approved by City Council on March 2~ 2004, Resolution 30-04. 10. Aerial Photo (Attached as Exhibit 3) 1 t. Compliance with the adopted mitigation measures The ApplicantlDeveloper is required to comply with all applicable action programs and mitigation _....._... . meaSl.1rf$... of the -Final_nWest.DublinlPl~asatltonBART S~tion and T~it.. Village_ Project. . .. ..-- ..'SupplementafEnVironmentaffiiipact Repoif.(SEIRJ;tlie-VmarDUblililPleasanfon" Eifension-'PiOjecr' ErR,. and the Mitigation Monitoring and Reporting Plan (MMRP) certified and adopted by the Bay Area Rapid Transit District (BART) Board of Directors. 4 ~ 1 J 3 Additionally, the ApplicantlDeveloper shall cOmply with all applicable action programs and 'mitigation measures of the Negative Declaration for the West Dublin BART Specific Plan and those policies and programs. contained in the West Dublin BART Specific Plan approved by the City of Dublin. SECTION 4: No development shall occur on this property until a Stage 2 Development Plan and Site Development ReView permit have been approved for the property. Except as provided in the Stage 1. Development . Pl8nIPlanned Development Zoning District, the use, development, improvement, and maintenance of the Property shall be governed by the provisions of the Dublin Zoning Ordinance. SECTION S: This Ordinance shall take eff~ and be enforced upon the effective date of the West Dublin BART Specific Plan amendment in PA 03-033. The City Clerk of the City ofOublin 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 SECTION 6: This ordinance shall take effect and be enforced thirty (30) days from and after its passage. PASSED AND ADOPTED BY the City CounCil of the City of Dublin, on this 161h day of March 2004, by the following votes: AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None c/L K2/G/3-16..04/ord-BART.doc (Item 6.1) G:\PA#\2003\03-033 West Dublin BART Apts-Hotel\CC Ord PD.doc 5 )0 &;f J3 Existing Land Use Plan for West Dublin BART Specific Plan: ~r :1 j'.-l..,. . OCt \~ . .~. \"1 >,".~~~;r~; Proposed Land Use Plan for West Dublin BART Specific Plan: 1 ;~e It.".. j :.~J.,,~..,_~ ;iJ: ~l ~~,~.;..::..~.....~. .~.~,..;. .-''';Ii OJ" ,'s'" /'-i'-:"""';~'" IX, ~.;'.".';'.~"",., r~-'''-:;v . -','~''j.~~ : .J)~~~~~":\~)~~';";. ., '.. ".., '.''''''' :I: :f:""~ --,:~~~~. Exhibit 2 to planned Development zoning District: Use plan for west Dublin Spec; fi c pl anD Land BART } I ~)2 ~ .~....! ~ WINDSTAR May 10, 2007 , Mr. Richard C. Ambrose City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 Re: West Dublin Specific Plan 210 Unit Site St. Patrick's Way & Golden Gate Drive Dear Mr. Ambrose: Thank you for your consideration of increasing the density on the approximate 3.5 acre site located at the Southwest Corner of Golden Gate Drive and St. Patrick's Way. As you know we acquired this site in fee simple from BART in March of2006. When we closed the escrow on the site our intention was to build 210 units of for sale condominiums on the site. The cash we paid to BART for the site was used to seed the bonds that were sold to construct the parking garages in Dublin and Pleasanton as well as the train station and pedestrian bridges in the median ofI-580. The construction of the parking garages and BART station is a collaborative effort between the City of Dublin, the City of Pleasant on, the County of Alameda, BART, and us as the Private Developer. A share of rental income and sales proceeds from our developments are paid to BART as part of our contractual arrangement to help pay for the bonds and ongoing operational costs. The ridership increase on BART because of our developments will also help increase revenue for BART for operational costs and service of the debt for the bonds. The market has undergone a dramatic shift since we closed escrow. Condominium sales have plummeted, interest rates have increased, and construction costs have soared. These facts have made the development of the 210 unit development unfeasible at this time. This is also true if the project were to built and operated as a market rate rental community. This has made it virtually impossible to secure a construction loan and permanent financing. It is for these reasons; we will not be able to begin construction at this time. We recognize that markets can change again over time and perhaps some time in the future the market will allow the project to be built. We don't know when. Therefore, there only two solutions to make this project work: The first one is to significantly reduce costs and the only place where that could occur is in the area of the various municipal (858) 587-2100 "* FAX: (858) 587-9796 1 1 149 NORTH TORREY PINES ROAD, SUITE 250 I LA JOLLA, CA 92037 WWW.WINDSTARGROUP.COM.Attachment 4 J ~ i J:? May 10, 2007 Page 2 of 2 J\t......... T WINDSTAR fees we are obligated to pay to City of Dublin and the surrounding agencies. Recognizing the City of Dublin needs these fees for their General Funds and special projects in the City, to ask for a waiver of these fees is impractical. The second solution is to increase the density on this site from 210 dwelling units to 309 units. To accommodate this change, this basically means we will add an additional floor to the building and increase the parking. The increase of a floor height changes the construction type from Type 5 Wood Frame construction to Type 3 Wood Frame construction. Type 3 Buildings have an increased cost per square foot versus those of a Type 5, but because we have already acquired the land at a set price, our overall cost per dwelling unit is reduced to a range (with the increased 99 unit density), where we can secure construction and permanent financing which will make the project feasible and therefore ready to build. The benefits to the City of Dublin and BART are increased fee revenue to Dublin because ofthe addition of 99 units, and increased ridership for BART and resultant additional fare revenue to help retire the bonds. Our project will still be subject to the design scrutiny ofthe City of Dublin and we will pay all required fees for the development. We appreciate the City of Dublin' s support in increasing the density on this site so we can move forward the construction and development of this prime parcel in West Dublin BART Specific Plan. Please let me know if you have any questions. Eric L. Heffner Senior Vice President Cc: Erica C. Fraser - City of Dublin John Rennels - BART Bob Russell- Ampelon "Our Reputation is Our Most Valuable Asset" CV) Ir. a; ~ Q) (/) ~ c i!! E- aLL ..Q! 0 0" :z 0 ..-~ C CU .2> co Ul :p ~~ ~ ci <( C CO III 0"\ ::) u i,s - III .9 ~ [Q CO - Ql Ql "<t en .E M 0.. .... 't:I .jJ III 0 g~.:l: /i~U;f~> - ~ C Vi 0 ~ .J1:. ........ 0.. 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