Loading...
HomeMy WebLinkAbout8.1 Attmt 7 CC Staff Rept 10/7/08 w/out atthmtsCITY CLERK File # ?©©F01-©© 420' 30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 7, 2008 SUBJECT: Public Hearing - PA 07-056 Croak and Jordan Medium Density: General Plan and Eastern Dublin Specific Plan Amendment and Planned Development Rezone with amended Stage 1 Development Plan to change the existing Medium Density portion o:' the Croak and Jordan properties to Medium-Low Density and Medium-Mitt Density land use designations with minimum rear yard setback requirement s. Report prepared by Jeff Baker, Senior Planner ATTACHMENTS: I) Resolution amending the City of Dublin General Plan and Eastern Dublin Specific Plan to change the existing Medium Density land use designation on the Croak and Jordan properties to Medium-Low and Medium-Mid Density designations. 2) Ordinance approving a PD-Planned Development Rezone with amended Stage 1 Development Plan for the Medium-Low and Medium-Mid Density designations on the Croak and Jordan properties. 3) City Council/Planning Commission Study Session Staff Report dated August 19, 2008 with attachments. 4) City Council/Planning Commiss on Study Session Meeting Minutes dated August 19, 2008. 5) Planning Commission Staff Report dated September 9, 2008 without attachments. 6) Planning Commission draft Meeting Minutes dated September 9, 2008. 7) Planning Commission Resolut: on recommending that the City Council adopt a Resolution amending the City of Dublin General Plan and Eastern Dublin Specific Plan to change the existing Medium Density land use designation on the Croak and Jordan properties to Medium-Low and Nledium-Mid Density designations. 8) Planning Commission Resolution recommending that the City Council adopt an Ordinance apfroving a PD-Planned Development Rezone with amended Stage I Development Plan for the Medium- Low and Medium-Mid Density designations on the Croak and Jordan properties. COPY TO: Property Owners PA File ITEM NO. 6. 1 Page 1 of 7 GAPA#\2007\07-056 Croak and Jordan Medium Density\City Council\CC 10.7.08\ccsr 10.7.08 Medium Density.DOC ATTACHMENT 7 0 RECOMMENDATION: I) Receive Staff presentation; 2) Open the Public hearing; Receive public testimony: 4) Close the Public Nearing and del berate; and 5) Adopt the I:ollowing: a. Resolution amending the City of Dublin General Plan and Eastern Dublin Specific Plan to change the existing Medium Density land use designation on the Croak and Jordan properties VII to Medium-Low and Mediutr-Mid Density designations; and 'b. Waive the reading and introcuce the Ordinance approving a PD- Planned Development Rc zone with amended Stage 1 Development Plan for the Medium-Low and Medium-Mid Density designations on the Croak and Jordan properties. FINANCIAL STATEMENT: No financial impact at this tune. Development at the midpoint of the proposed Medium-Low and Medium-Mid Density ranges would result in the same number of' units anticipated for the existing Medium Density designation and would maintain the existing fiscal balance. However. topography, development standards and product type could result in development below or above the midpoint of the proposed density ranges. PROJECT DESCRIPTION: Background The City Council held a Strategic Planning Session on January 12, 2007. During this Strategic Planning Session the City Council discussed the existing General Plan and ?-pecific Plan Residential Land Use Designations within the City of Dublin and the need for larger private yards. Concerns were raised during this discussion regarding the need for a variety of housing types (i.e. detached units, row homes, stacked flats, etc.) and homes with larger private yards on undeveloped land within the Eastern Dublin Specific Plan (EDSP) area that has a Medium Density (6.1-14 du/acre) land use designation. Staff studied the densities, residential land use policies, existing land use patterns, the City of Dublin Village Policy Statement, and the status of entitlements for the land de,;ignated for residential development within the EDSP. Stall' Reports were prepared for the April 3, 2007 and October 16, 2007, City Council ':Meetings with different policy alternatives for City Council consideration. City Council Action - April 3, 2007 and October 16, 2007 The City Council reviewed both of' these Staff Reports and expressed a desire to provide a housing product type that is between a stacked product and a larger single-family detached unit with a private usable yard (Please refer to the August 3, 2007 and October 16, 2007 City Council Meeting Minutes included in Attachment 3 pages 29-37 and 48-53). The City Council also expressed a concern regarding the existing policy to calculate densities based on gross rather than net acreage. „yL Jordan Croak Ranch- Property Y 0,9 AC $I W' Lw 9Y.5 aE 1 1 l The City Council identified two Medium Density properties (Croak and Jordan) (Map 1 to the right) within the EDSP that do not have vested development rights and that do not have a Fallon Village Center Boundary Map I - Vicinity Map Page 2 of 7 current development application in process with the City. The City Council directed Staff to prepare General Plan and Eastern Dublin Specific Plan Amendments (GPA/EI)SPA) and a Planned Development (PD) Stage 1 Development Plan Amendment as described below with the goal of creating private usable yards: 1. Create Medium-Low Density (6.1-10 du/acre) and Medium-Mid Density (10.1-14 du/acre) land use designations to replace the existing Medium Density (6.1- 14 du/acre) land use designation on the Croak and Jordan properties; 2. Calculate densities for the two new land use designations based on net developable acres; and 3. Require usable yards for development within the Medium-Lo, v Density designation. Staff prepared a GPA, EDSPA, and PD Stage 1 Development Plan Amendment for the Croak and Jordan properties as directed by the City Council on October 16, 2007. Planning Commission Action - November 27, 2007 On November 27, 2007 the Planning Commission held a Public Hearing to review the proposed amendments to the General Plan, EDSP, and PD Stage 1 Development Plan (Please refer to the Planning Commission Staff Report and Meeting Minutes included in Attachment 3 pgs 54-65 and 66-81). The Planning Commission raised a number of concerns with the profosed amendments including the following: 1. The Medium Density product type already exists; 2. Private yards can be achieved at this time in the Medium Density; 3. Potential loss of units and fairness concerns using net density; 4. Market demand should not be limited and remain flexible; 5. Small area for application of policies; and 6. The need for a market study of housing needs to verify marke : demands. Based on the above concerns, the Planning Commission voted unanimously to recommend that the City Council not approve the proposed GPA, EDSPA and PD Stage I Development Plan Amendment. Please refer to Attachment 3 (pages 7-14) fora discussion of the Planning Commission concerns. Joint City Council/Planning Commission Study Session - August 19, 2008 The City Council and Planning Commission held a joint Study Session on August 19, 2008 to discuss the following: ¦ The proposed Medium-Low and Mediurp-Mid Density land uie designations; ¦ Gross vs. net density requirements; and ¦ Usable yard requirements. The Study Session Staff Report included three policy alternatives for .;onsideration by the City Council (Please refer to the City Council/Planning Commission Study Session Staff Report and Meeting Minutes that are included as Attachment 3 (pgs 1-14) and Attachment 4 respectively). The City Council directed Staff to proceed with Alternative A and prepare a GPA, EDS?A, and PD Stage 1 Development Plan Amendment to create the following: 1. Medium-Low and Medium-Mid Density land use designation; 2. Minimum 15' rear yard setback requirements for units with private rear yards; and 3. Minimum 20' rear yard setback requirements for 1 in 5 units with private rear yards. Page 3 of 7 Planning Commission Meeting - September 9, 2008 Staff prepared the CPA, EDSPA, and PD Stage 1 Development Plan Amendment based on the direction received from the City Council at the Study Session on August 19, 2008. On September 9, 2008 the Planning Commission held a Public Hearing to review the proposed CPA, EDSPA, and PD Amendment (Please refer to the September 9, 2008 Planning Commission Staff Report and Draft Meeting Minutes included as Attachments 5 and 6). Three members of the public spoke about the proposed modifications including Kevin Fryer of Mission Valley Properties representing the Jordan Ranch property, Pat Croak representing the Croak property, and Jeff Lawrence from Braddock and Logan. Mr. Fryer presented an example of one product type that they are con: idering for the proposed Medium- Low Density portion of the Jordan property. The product type emanple consists of clusters of four single-family detached units built around 500 s.f. private yards that have a dimension of approximately 20'x25'. Mr. Fryer expressed concern regarding the topography of the Jordan property and the lack of flexibility regarding rear yard setback requirements. Mr. Fryer indicated that the northern 3.4-acres of the proposed Medium-Low Density is too steep to develop. He felt it would be difficult to achieve the midpoint density as well as provide usable yards using the cluster development example if the northern 3.4-acres have limited development potential. He stated that the lack of flexibility regarding the proposed rear yard setback requirements was of greater concern than the potential loss of units associated with the proposed product type. The product type provided by Mr. Fryer at the Planning Commission hearing does not appear to meet the proposed 15'-20' rear yard setback requirement. While the product type presented by Mr. Fryer is one example of a Medium-Low Density product type there are additional product types including traditional single-family detached units, duplexes and townhomes that could be developed with traditional rear yards. Pat Croak expressed similar concerns to those of Mr. Fryer regarding the topography of the Croak property and the unintended consequences that may occur as a result of the proposal to modify the land use designations and rear yard setback requirements. Jeff Lawrence stated that the development plan for Fallon Village currently provides for a variety of different housing types and densities. Mr. Lawrence also expressed concern regarding topography and the ability to achieve densities on the Croak and Jordan properties He expressed concern that the proposed amendments could result in a loss of units on the Croak and Jordan properties due to topography. The Planning Commission discussed the proposed amendments. Commissioners Schaub and Tomlinson expressed concern regarding the potential loss of units, lack of flexibility in the proposed rear yard setback requirement, and the ability to provide a variety of product types. Commissioners Wehrenberg and Biddle felt that the proposed amendments were consistent with the City Council direction and they felt that they could make the appropriate findings to support the proposed amendments. Following a discussion by the Planning Commission, a motion recc-mmending that the City Council approve the proposed amendments was put to a vote. The vote was 2-2-1 with Commissioners Biddle and Wehrenberg in support, Commissioners Schaub and Tomlinson against, and Commissioner King absent. In accordance with the Planning Commission Rules of Procedure and Section 2.12.040 of the Page 4 of 7 Dublin Municipal Code (Chairman-Rules-Records-Meetings). a tie vote ultimately defeats a motion unless a subsequent motion is passed. A subsequent motion was not presented, therefore, the Planning Commission does not recommend that the City Council adopt the proposed amendments. The following is a discussion of the proposed GPA. I DSPA, and PD Stage I Development Plan Amendment for the Croak and Jordan properties. The proposed amendments are based on the feedback and direction from the City Council at the joint City Council and Planning Commission Study Session On August 19. 2008 which was presented to the Planning C:ommi?,sion on September 9, 2008. No modifications have been made to the proposed amendments described below as a result of the Planning Commission hearing. ANALYSIS: Proposed Medium-Low and Medium-Mid Densiy, Designations Land Lsve Designations Staff prepared the following definitions for proposed Medium-Low Density and Medium-Mid Density land use designations on the Croak and Jordan properties: Residential: Medium-Low Density (6.1-10 units per gross resitential acre). Units in this density range will be detached, zero-lot line, duple::, and/or townhouse developments suitable for family living with private flat usable outdoor yard areas that accommodate leisurely activities typically associated with a residence. Unit types and densities may be similar or varied. Assumed household size is two persons per unit. Residential: Medium-Mid Densih, (10.1-14 units gross residen tial acre). This density range allows detached, zero-lot line, duplex townhouse, and/or garden apartment developments suitable for family living with private flat usable outdoor yard areas that accommodate leisurely activities typically associated with a residence or usable common areas (tot lot, picnic area, swimming pool areas, etc.) that accommodate recreational and leisurely activities. Unit types and densities may be similar or varied. Assumed household size is two persons per unit." Locution of Proposed Land ZLces The existing Medium Density sites on the Croak and Jordan properties would be equally divided into Medium-Low and Medium-Mid Density as shown on Map 2 (,to the right). The proposed land uses maintain the transition from the more intense Iligh Density Residential and Mixed Use at the core of the Fallon Village Center to the less intense Low Density Residential uses that surround the Village Center. Development at the midpoint of the proposed density range ` would result in the same number of units (104 units on Croak _ and 234 units on Jordan) anticipated for the existing Medium Density that was studied in the Fallon Village SEER and Would maintain the existing jobs/housing balance. (Please refer to the October 16, 2007 City Council Staff Report Tables 2, 3 and 4 included in Attachment 3 on pgs 40, 44 and 46). The units would simply be redistributed across the proposed Medium-Low Density and Medium-Mid Density designations and no additional environmental review would be required. Jordan -- Croak Ranch Propert 1f.9 K Ac 1 1 1 1 Fallon Village Center Boundary Map 2 - Proposed Land Use Designations Page 5 of 7 Conclusion - Land Use Designations The proposed Medium-Low and Medium-Mid Density designations ensure that a variety of different housing types are constructed on the Croak and Jordan properties (i.e. detached and attached housing). The Medium-Low Density designation also ensures that the homes have private yards. However, the land use designations do not guarantee the size of these private yards. Therefore, the proposed PD Stage 1 Development Plan Amendment (discussed below) includes minimum rear yard setback requirements to ensure that the private yards are large enough to be usable. Rear Yard Setback Requirements The proposed Medium-Low and Medium-Mid Density designations permit a variety of attached and detached product types as discussed above. The Medium-Low Density designation requires each unit to include a private usable rear yard. The Medium-Mid Density designation allows either a private usable rear yard for each unit or shared. common areas, dependent upon the product type proposed for development. The properties in the EDSP have Planned Development (PD) zoning with development standards that are tailored to each development. PD zoning with customized development standards is intended to provide greater flexibility and creativity than traditional zoning. Thc: Croak and Jordan properties are subject to the Fallon Village PD Stage 1 Development Plan which includes development standards. The proposed PD Stage 1 Development Plan Amendment (Attachmen.t 2) would modify the existing development standards to require the following rear yard setback requirements for the proposed Medium-Low and Medium-Mid Density designations as directed by t -le City Council at the August 19, 2008 Study Session: • Minimum 15' flat usable rear yard setback for attached and detached units with private yards; and ¦ Minimum 20' flat usable rear yard setback for 1 out of every attached and detached units with private yards. Examples of what could typically occur in a 15'-20' rear yard include children's play equipment, a patio with table and chairs, a garden, or ?t hot tub. The proposed PD Stage 1 Development Plan Amendment includes a revised Stage 1 Site Plan showing the location of the land uses, and the 15'-20' rear yard setback requirement as described above. Please refer to Attachment 2 for the proposed PD Stage 1 Development Plan Amendments. In accordance with the Dublin Zoning Ordinance, a PD Stage 2 Development Plan is required before development can occur on the Croak and Jordan properties. The PI) Stage 2 Development Plan will include additional development standards for the Medium-Low and medium-Mid Density designations that are tailored to the proposed development and that incorporate the 15'-20' rear yard setback as required by the Stage 1 Development Plan. Conclusion - Private Yard Requirements The proposed 15'-20' flat usable rear yard setback requirement for the proposed Medium-Low and Medium-Mid Densities would apply to attached and detached units thit include private rear yards. The proposed setback requirements are provided to ensure that the private yards in the Medium-Low and Medium-Mid Densities are large enough to accommodate leisurely activities that typically occur in rear yards. The PD zoning with customized development standards will continue to allow flexibility and creativity while providing a minimum rear yard setback. Page 6 of 7 ENVIRONMENTAL REVIEW: The project has been reviewed under the California Environmental Quality Act (CEQA), State CEQA Guidelines and the Dublin Environmental Guidelines. On December,5, 2005, the City Council adopted Resolution No. 222-05 certifying a Supplemental Environmental Impact Report (SEIR) (SCH 42005062010) to the Eastern Dublin EIR, a program EIR, initially certified by the City of Dublin in 1993 (SCI-I#91103064) and the Eastern Dublin Property Owners SEIR (SCH # 2001052114) certified in 2002 by Resolution 40-02 for the Fallon Village project. The prior E1 Rs are available for review in the Community Development Department. The proposed project is within the scope of the SEIR for the Fallon Village project area because the project does not result in incre]sed units or density beyond what was previously studied for the subject properties, and therefore no additional environmental review is required. NOTICING: In accordance with State law, a public notice regarding this hearing wcs mailed to all property owners and occupants within 300 feet of the subject properties. A public notice was also sent to the City's interested parties list, published in the Valley 'rimes and posted at several locations throughout the City. CONCLUSION: The City Council has the authority to modify General Plan and Specil is Plan Land Use Designations at any time. On April 3, 2007, and with further direction on October 15, 2007 and August 19, 2008, the City Council directed Staff to prepare a General Plan/Eastern Dublin Specific Plan Amendment to replace the existing Medium Density (6.1-14 du/acre) portion of the Croak and Jordan properties with Medium-Low (6.1-10 du/acre) and Medium-Mid Density (10.1-14 dulacre) land use designations. The City Council further directed Staff to prepare a PD Stage 1 Development Plan Amendment to require a minimum 15'-20' rear yard setback for units with private rear yards in the proposed Medium-Low and Medium-Mid Density designations on the Croak and Jordan properti(-s. The proposed amendments to the General Plan, EDSP, and PD Stage 1 Development Plan will implement the City Council direction and ensure a variety of housing types with private usable rear yards. Any substantive changes to the proposed GPA, EDSPA or PD Stage 1 Development Plan Amendment would require the Planning Commission to review the proposed modifications and make a recommendation to the City Council RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff presentation; 2) Open the Public Hearing; 3) Receive public testimony; 4) Close the Public Hearing and deliberate; and 5) Adopt the following: a) Resolution amending the City of Dublin General Plan and Eastern Dublin Specific Plan to change the existing Medium Density land use designation on the Croak and Jord;m properties to Medium-Low and Medium-Mid Density designations; and b) waive the reading and int-oduce the Ordinance approving a PD-Planned Development Rezone with amended Stage I Development Plan for the Medium-Low and Medium-Mid Density designations on the Croak and Jordan properties. Page 7 of 7