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HomeMy WebLinkAboutAttachmt 1 - Reso Recmd CC Adopt Ordinance Rez 27.45 acres RESOLUTION NO. 08-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE REZONING 27.45 ACRES ON THE SOUTHWEST CORNER OF MARTINELLI WAY AND HACIENDA DRIVE TO A PLANNED DEVELOPMENT ZONING DISTRICT AND APPROVE THE RELATED STAGE 2 DEVELOPMENT PLAN FOR THE GREEN ON PARK PLACE RETAIL CENTER PROJECT <APNS 986-0033-002 AND 986-0033-003) PA 07-019 WHEREAS, Blake Hunt Ventures submitted a Planned Development Rezoning and related Stage 1 Planned Development application for a 303,345 square foot commercial retail center (The Green on Park Place retail center) located on the 27.45-acre subject site. The project is proposed to consist of271,023 square feet of retail uses and 32,322 square feet of restaurant uses in a pedestrian-oriented outdoor center; and WHEREAS, the project area boundaries include Martinelli WlY to the north, Hacienda Drive to the east, Highway 580 to the south, and Arnold Road to the west; and WHEREAS, on November 6, 2007, the City Council approved a Stage 1 Development Plan for the project site; and WHEREAS, the Draft Stage 2 Planned Development Ordinance IS attached as Exhibit A and incorporated herein by reference; and WHEREAS, a Staff Report, dated July 22, 2008 and incorporated herein by reference, described and analyzed the proposed Planned Development Zoning District/Stage 2 Development Plan; and WHEREAS, Pursuant to the California Environmental Quality Act, an Addendum to the Ikea Project Supplemental EIR and the Environmental Impact Report for the Eastern Dublin Specific Plan and General Plan Amendment was prepared for The Green on Park Place project (at that time still referred to as the Emerald Place Retail Center project). The Addendum concluded that no new significant environmental impacts were identified and no substantial increase in the severity of previously identified impacts had been discovered as a result of the project. The Addendum includes the Initial Study, and along with the Supplementary Traffic Analysis conducted, was adopted by the City Council on October 2, 2007 when the first reading of the Stage 1 Planned Development rezoning was approved; and WHEREAS, the Planning Commission reviewed the Staff Report at a noticed public hearing on July 22, 2008, at which time all interested parties had the opportunity to be h{:ard. WHEREAS, the Planning Commission did use its independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding said Stage 2 Planned Development Zoning: A. The proposed amendment will be harmonious and compatible with existing and potential development in surrounding areas because: 1) the proposed development is cOlsistent with the approved development ATTACHMENT 1 for this property as approved under the Stage 1 Planned Devdopment Zoning; and 2) the proposed development is consistent with the type of development, General Commercial, as envisioned in the Eastern Dublin Specific Plan. B. The subject site is physically suitable for the type and intensity of the zoning district being proposed because: 1) the project site will have a Floor Area Ratio (FAR) of .26 which is consistent with the FAR established in the Stage 1 Development Plan and the Eastern Dublin Specific Plan; and 2) the proposed project will include retail and restaurant uses which is consistent with the land use designation of General Commercial. C. The proposed project will not adversely affect the health or safe:y of persons residing or working in the vicinity, or be detrimental to the public health, safety, and .welfare because: 1) the project will comply with all City of Dublin regulations. D. The proposed Stage 2 Planned Development Rezone is consistent with the Dublin General Plan, Eastern Dublin Specific Plan and the Stage 1 Planned Development Zcning because: 1) The architectural and landscape design for The Green on Park Place provide a separate but complementary identity and an appropriate pedestrian scale with commercial retail uses, restaunnts and other associated uses around an interior park-like gathering space, The Green, while the proposed layout of buildings, landscaping and parking are sensitive to future land uses to the west; 2) the overall design of the project is consistent with the design requirements discussed in the Stage 2 Development Plan; 3) the proposed project is consistent with the Eastern Dublin Specific Plan because the Plan states tLat regionally-oriented commercial uses should be located south of Dublin Boulevard and near freeway interchanges where convenient vehicular access will limit traffic impacts to the rest of Dublin and th{ retail center is intended to serve the community as well as the region; 4) the overall project is consistent with the Floor Area Ratio (FAR) (.26) and total development potential for the site as stated in the Stage 1 Development Plan; 5) the proposed development is compatible with the General Plall Land Use designation of General Commercial which allows for a retail and restaurant uses which the proposed project will achieve; 6) the proposed project is consistent with the overall design requirem~nts of the Stage 2 Development Plan; and 7) the proposed project meets the intent of the Dublin G(:neral Plan which discourages projects which do not relate well to the surrounding developments and the proposed project is compatible with the neighborhood which includes office and retail uses. E. The proposed Planned Development Zoning District meets the purpose and. intent of Chapter 8.32 Planned Development Zoning District of the Dublin Zoning Ordinance because: 1) the proposed project is consistent with the Eastern Dublin Specific Plan and the Stage 1 Development Plan; 2) the project site includes attractive landscaping and site elements including a location for public art, light fixtures, benches, plazas and pedestrian paths to create an attractive lands~ape palette and material palette for the shopping center; and 3) the Stage 2 Development Plan includes design guidelines to create an attractive shopping center which is compatible with the surrounding developments. F. Development under the Planned District Development Plan will be harmonious and compatible with existing and future development in the surrounding area becam,e: 1) the architecture at The Green on Park Place combines a variety of materials, textures and colors intended to provide visual interest in the project and to complement its surroundings; 2) as shown on the Landscape Plans, the proposed landscaping is compatible with the existing and approved landscaping in the area including landscaping along public rights of way and landscaping which is proposed for the overall site; 3) the overall design of the project is consistent with the design requirements discussed in the Stage 2 Development Plan; 4) the architecture of the building includes light fixtures, varying roof designs and heights, trellises, and awnings and therefore is consistent with good design, which encourage the use of these elements; 5) the project has been designed to screen all service and loading areas; 6) all mechanical equipment including HV AC units and trash compactors are located behind screens; and 7) the parking lot includes a large number of evergreen trees which will provide a canopy in the Plrking lot year round and therefore will limit the expanse of parking lot and will provide an attractive element to the parking lot area. BE IT FURTHER RESOLVED that the Dublin Planning Commission recommends that the City Council adopt the attached ordinance amending the zoning map to rezone 27.45 acres of property on the southwest comer of Martinelli Way and Hacienda Drive to the PD -Plmned Development Zoning District and approving a related Stage 2 Development Plan for The Green on Park Place retail center (PA 07-019), based on findings that the PD zoning and project as a whole is consistent with the General Plan and the Eastern Dublin Specific Plan, is consistent with the purpose and intent of the Planned Development zoning district, and that development of The Green on Park Place retail center project will be harmonious and compatible with existing and future development in the surrounding area. PASSED, APPROVED, AND ADOPTED this 22nd day of July 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager G:\PA#\2007107-019 BHV Lifestyle CenlerlPC mlg 7.22.08IPC Reso PD Ord.DOC ORDINANCE NO. xx-OS AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING MAP TO REZONE PROPERTY TO THE PD -PLANNED DEVELOPMENT ZONING nISTRlCT AND APPROVING A RELATED STAGE 2 DEVELOPMENT PLAN FOR THE GREEN ON PARK PLACE RET AIIL- CENTER PA 07-019 The Dublin City Council does ordain as follows: SECTION 1: Findings A. Pursuant to Section 8.32.070 ofthe Dublin Municipal Code, the City Council finds as follows. 1. The Green on Park Place Retail Center ("the Project") PD..Planned Development zoning meets the purpose and intent of Chapter 8.32 in that it provides a comprehensive development plan that creates a desirable use of land 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 point for the area. 2. Development of The Green on Park Place Retail Center under the PD-Planned Development zoning will be harmonious and compatible with existing and future development in the surrounding area in that the retail use of the site would ttilize the close proximity of 1-580 freeway. The land uses and site plan provide effective transitions to the surrounding development of campus office, retail and the 1-580 freeway. B. Pursuant to Sections 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as follows. 1. The proposed PD-Planned Development zoning for The Green on Park Place Retail Center will be harmonious and compatible with existing and potenjal development in the surrounding area in that the retail use of the site would utilize the close proximity of 1-580 freeway. The land uses and site plan provide effective transitions to the surrounding development including adjacent campus office buildings, 1-580 freeway, and retail uses. 2. The project 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 with no major or unusual physical or topographic constraints and thus is physically suitable for the type and intensity ofthe proposed PD-Planned Development district. 3. The proposed PD-Planned Development zoning 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 de'lelopment regulations and standards and will implement all adopted mitigation measures. 4. The PD-Planned Development zoning is consistent with the Dublin General Plan and Eastern Dublin Specific Plan in that the retail center is consistent with the General Commercial land use designation for the site. 1 EXHIBIT A TO ATTACHMENT 1 C. Pursuant to the California Environmental Quality Act, the City Council adopted an Addendum to the Eastern Dublin EIR and the Ikea Project Supplemental EIR and certified that it reviewed and considered the previously-certified EIR and SEIR in Resolution 184-07 on October 2, 2007, prior to approving the Stage 1 Development PlanIPlanned Development Zoning District for the Project. 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 property described below to a Planned Development Zoning District: 27.45 acres generally located south of the future roadway know as Martinelli Way, east of Arnold Road, north of 1-580, and west of Hacienda Drive, including APNs 986-0033-002 and 986-0033- 003.. ("the Property"). A map of the rezoning area is shown below: a "' o '" a ~ DUBLIN BL VO SITE "-- %;==~ ~ <~ Vicinity Map SECTION 3. The regulations for the use, development, improvement, and maintenance of the Property are set forth in the following Stage 2 Development Plan for the Project area, which is hereby approved. Any amendments to the Stage 2 Development Plan shall be in accordance with section 8.32.080 of the Dublin Municipal Code or its successors. Stage 2 Development Plan for The Green on Park Place Retail Center This is a Stage 2 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance. This Development Plan meets all the requirements for a Stage 2 Development Plan and is adopted as part of the PD-Planned Development rezoning for The Green on Park Place Retail Center, PA 07-019. The Stage 2 Development Plan consists of the items and plans identified below, many of which are contained in the application materials on file with the City in PA 07-019, ircorporated herein by reference and available for review at the Dublin City Hall. 2 The PD-Planned Development District and this Stage 2 Development Plan provides flexibility to encourage innovative development while ensuring that the goals, policies, and action programs of the General Plan, Eastern Dublin Specific Plan, and provisions of Chapl:er 8.32 of the Zoning Ordinance are satisfied. 1. Statement of Compatibility with Stage 1 Development Plan. The Stage 2 Development Plan is consistent with the Stage 1 Development Plan, which was approved by the Dublin City Council on November 6, 2007. This Stage 2 Development Plan refines the nature and extent of commercial uses identified in the Stage 1 Development Plan, slightly increases the total amount of allowable commercial uses based on a traffic analysis showing no additional traffic generation, and slightly reduces the amount of retail area that may be substituted for restaurant uses as compared to the Stage 1 Development Plan maximum floor area ratio provisions. These revisions are minor and maintain the intent, character, and integrity of the project and are consistent with the Stage 1 Development Plan. 2. Statement of Uses. Permitted Uses: General outdoor seating areas (plaza seating areas, benches, chairs, cafe tables) not dedicated to a specific user are permitted throughout the project area in any location. Retail uses including the following: . Home Furnishings Store . ClothinglFashion Store. . Office Supply Store. . Home Appliance/Electronics Store. . Hardware Store. . Gifts/Specialty Store. . Jewelry and Cosmetic Store. . Book Store. . Sporting Goods Store. . Grocery Store. . Other retail establishments similar to the foregoing. Office and service establishments including the following: . Financial Services, Bank, Savings and Loan. . Real Estate/Title Office. . Travel Agent. . Legal. . Accounting. . Medical, Dental. . Optometrist. . Architect. . Employment Agency. . Hair/Beauty Salon. . Dry Cleaners. . Formal Wear/Rental. . Other Administrative and Professional Office. 3 . Technology Access Center. . Video Rentals. . Commercial School. Eating, drinking and entertainment establishments including he following: . Eating and Drinking Establishments up to a total 0:' 32,322 square feet, including the following: [] Full-service, sit down restaurant [] Quick-service/high turnover restaurant [] Micro-Brewery or other Specialty Fooc establishment . Eating and Drinking Establishments - sit down or take away, with no table service, including such uses as a coffee house, delicatessen, bakery, ice cream shop, smoothie shop, sandwich shop, or other uses determined as to be similar by the Community Development Director and the City Traffic Engineer. These uses typically have a~etail component to the business and are permitted throughout the project in any location. . Stand-alone Outdoor Drinking/Dining area (not associated with a restaurant) with On-Sale Liquor License up to 500 square feet total throughout the project site. Stand-alone outdoor drinking/dining areas is defined as a tenant and/or use that is stand-alone (not supplemental to an indoor restaurant) and where all or a majority of the seating space is outside. Examples include a wine or liquor bar. . Outdoor dining areas (supplemental to an existing indoor restaurant) subject to Site Development Review Waiver up to 2,500 square feet total throughout the project site. Outdoor dining area is defined as a controlled outdoor dining space (not enclosed in a building, but enclosed with a fence or barrier), which is supplemental to an indoor restaurant and dedicated to the use of a single tenant or tenants. Conditional Uses: Community, Religious and Charitable Institutional Facilities. Public Facilities and Uses. Veterinary Office. Recycling Center. Permanent outdoor retail sales not associated with an existing business. Dance Floor. Prohibited Uses: Drive through facilities. 3. Stage 2 Site Plan. Sheet A1.01 of the Project Plans, prepared by BCV Architects, and dated received 7/8/08. (Attached to Planning Commission StaffRepor: as Attachment 5) 4. Site Area, Proposed Densities, and Development Regulations. Gross area of site: 27.45 acres Net area of site: 27.45 acres Maximum Building Heights: Signage Minimum Lot Size Up to two stories. 55' to top of roof Jarapet Pursuant to an approved Master Sign Program 25,000 square feet 4 Maximum lot coverage Maximum Building Area Maximum Floor Area Ratio Maximum Outdoor Dining area Parking Stall Dimensions Standards Minimum Building- Property Line / Access Easement Setback Minimum Pkng- Prop. Line Setback Parking Spaces Required: Retail: 1 space per 300 SF Restaurant: 1 space per 100 SF Outdoor Dining Area (supplemental to an indoor restaurant): 1 space per 200 SF Stand-alone Outdoor Drinking/dining Area (not supplemental to an indoor restaurant): 1 space per 100 SF 35% 303,345 square feet (may be increas{:d to 322,746 square feet) (includes 271,023 square feet retail "lith ancillary office uses, up to 32,322 square feet restaurant) Notes: For each one square foot of allowed .:estaurant square footage that is used for retail instead, 2.12 square feet of retail square footage is permitted. However, the project shall contain no less than 15,000 square feet of restaurant area. Conversely, for each square foot of restaurant space above 32,322 square feet that is developed, 2.12 square feet of retail square footage shall be removed from the 271,023 square foot retail a"ea. The project shall contain no more than 45,000 square feet of restaurant uses. Maximum building area is approved as shown on Sheet Al.OI of the Project Plans (not individual building floor 1=lans). Square footage for the enclosed trash rooms, movable kiosks, building electrical rooms, or enclosed loading/delivery areas shall not be c(,unted toward the maximum building area. Small, movable retail kiosks are pernitted in the project's common areas and are not included in the maximum building area square footage as they are not fixed buildings. A total often (10) kiosks are permitted at the project site. .26 Floor Area Ratio (may be increased to .27 FAR as provided below) Note: .26 FAR with site plan and building configuration shown on the site plan (Sheet Al.01), however for each one square foot of restaurant square footage that is used for retail instead, 2.12 square feet of retail square footage is permitted, which would increase the FAR to a maximum of .27 Up to 2,500 square feet of Outdoor dining areas (supplemental to an indoor restaurant) throughout the project sitt:. Up to 500 square feet of Stand-alone Outdoor Drinking/Dining area Any outdoor seating/dining area associated with a single grocery tenant in Building 500 may be permitted through a Site Development Review Waiver and is not subject to these square footage restrictions. Per Chapter 8.76 Off-Street Parking .\.nd Loading Regulations of the Dublin Zoning Ordinance 20' at 1-580, Hacienda Drive and Arnold Road. 0' on Martinelli Way. 5' from property line at public streets and Cal Trans right of way (1-580) 1,246 spaces minimum, based on the following uses: 271,023 SF = 904 spaces 32,322 SF = 324 spaces Maximum permitted: 2,500 SF = 13 spaces Maximum permitted: 500 SF = 5 spLces 5 Notes: If an office use (not incidental to a retail or restaurant use) or a financial service use is established in the Project, additional parking shall be provided at the rates noted below. Office 1 space per 250 SF 1 space per 150 SF If any other permitted uses are established that have different parking requirements per Chapter 8.76 of the Dublin Zoning Ordinance, parking shall be provided accordingly. The small, movable retail kiosks located in the project's common areas are not required to provide additional parkin~. Any outdoor seating/dining area associated with a single grocery tenant in Building 500 is not required to provide additional parking. Bank or Financial Services 5. Architectural Standards. The architectural design of the project shall reflect the following standards as illustrated in the Project Plans labeled Attachment 5 to the Planning Commission Staff Report, subject to Site Development Review approval by the City Counci . The architectural design shall: · Employ a variety of materials, textures and colors to provide visual interest in the project and to complement its surroundings. · Use diversity of colors and textures in the concrete tilt panels to provide a varied and interesting base form for the buildings. · For Green-oriented buildings, incorporate features such as different wall planes, heights, wall textures, roof elements, storefront designs, awnings, canopies, trellises, base treatments, blade signs, light fixtures, and landscaping to contribute layers of detail at the pedestrian level. · Outlying pad buildings may be more uniform in appearance, with a clean, squared-off look with substantial metal and wood accent and roof elements. · The Green shall provide a multi-functional outdoor space where people will gather and socialize, with landscaping, pavilions with outdoor seating, enhanced paving treatment, water features, and other features to provide an appropriate urban scale for the center. 6. Phasing Plan. The project site will be graded, improved, and constructed as a whole, but will be broken up into different building permit submittals. 7. Preliminary Landscape Plans. Sheets L-l through L-9, inclusive, of the Project Plans (labeled Attachment 5 to the Planning Commission Staff Report). 8. Applicable Requirements of Dublin Zoning Ordinance. Except as specifically provided in this Stage 2 Development Plan, the use, development, improvement end maintenance ofthe Property shall be governed by the C-2 (General Commercial Zoning District) provisions of the Dublin Zoning Ordinance pursuant to Section 8.32.060.C. No development shall occur on this property until a Site Development Review permit has been approved for the property. 9. Compliance with adopted mitigation measures. The Applicant/Developer shall comply with all applicable action programs and mitigation measures of the East{m Dublin Specific Plan and General Plan Amendment EIR and the Ikea Project Supplemental EIR. 6 SECTION 4. 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. SECTION 5. 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 19th day of August 2008, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\PA#12007\07-019 BHV LiJeslyle CenlerlPC mlg 7. 22.08\CC Slage 2 PD Orddoc 7