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HomeMy WebLinkAbout06-08-1999 PC MinutesA regular meeting of the City of Dublin Planning Commission was held on Tuesday, June 8,1999, in the Dublin Civic Center City Council Chambers. Chairperson Jennings called the meeting to order at 7:00. ROLL CALL Present: Commissioners, Johnson, Hughes, Musser, and Oravetz; Eddie Peabody Jr., Community Development Director; Kevin Van Katwyk, Senior Civil Engineer; and Gaylene Burkett, Recording Secretary. Absent: Cm. Jennings PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Johnson led the Commission, Staff, and those present in the pledge of allegiance to the flag. The minutes from the May 25, 1999 were approved as submitted. ADDITIONS OR REVISIONS TO THE AGENDA ORAL COMMUNICATIONS - WRITTEN COMMUNICATION - None PUBLIC HEARING - 8.1 PA 99-015, Establish Right of Way Lines for portions of Tassajara Road, Dublin Boulevard, Gleason Drive and Central Parkway. Planning Commission Initiation of Process to Establish Right of Way Lines, Recommendation to City Council to Approve the Environmental Initial Study and Certify the Negative Declaration, and Recommendation to City Council to Adopt Right of Way Lines, all for a portion of Tassajara Road from north of Interstate 580 to the northerly boundary of Dublin Ranch Tract 6962-Neighborhood M 1, and for portions of Dublin Boulevard, Gleason Drive and Central Pkwy. (from Tassajara Road to the westerly boundary of Dublin Ranch Areas F, G & H). Cm. Johnson asked for the staff report. Mr. Peabody explained that this item is unique and does not come before the Planning Commission very often. One of the responsibilities that the Planning Commission has is to establish a circulation system as part of the General Plan and part of the Eastern Dublin Specific Plan. The Planning Commission and City Council will jointly establish right of way lines. Tonight's meeting will go through the process of establishing the precise alignments for certain streets. After the Planning Commission considers this project it will go on to the City Council. The City Council will establish right of way lines recommended by the Commission. Planning Commission 70 June 8, 1999 Regular Meeting Kevin Van Katwyk, Senior Civil Engineer presented the staffreport. He stated that one of the goals of the Eastern Dublin Specific Plan is to create alignments or streets that are wide enough to take the capacity of the projects underway. The streets involved are Tassajara Road, Dublin Blvd., Gleason Drive, and Central Pkwy. also known as the Transit Spine. He showed overhead maps of where the street would be widened. He explained how the different projects would dedicate portions of their land to the widening of Tassajara Road and pans of Dublin Boulevard. Pan of the study is to make sure the alignments accommodate the proposed traffic in the area. Dublin Ranch Phase I has dedicated the road alignment from the north of the City limit line to the project frontage. Tassajara Meadows I & II has also dedicated the right of way along their project frontage. The Koll project is required to widen their portion of Tassajara Road and Dublin Blvd. There is a small portion of federally owned property that is not dedicated at this time but is in negotiation with the County to acquire. The Dublin Land Company and the Yarra Yarra property is also in negotiation. Cm. Oravetz asked when this project would take place. Mr. Van Katwyk stated the project is currently being done with the construction of Dublin Ranch Phase 1 and the Casterson Project. He stated that the Yarra Yarra project would complete the rest of the widening. He showed what a typical section of Tassajara Road would look like with 4 lanes on each side with a 28' median in the m iddle to accommodate future left turn lanes on Tassajara Road. He stated that they have gone through a Negative Declaration and an Initial Study was prepared for the proposed project. It was determined that there are no significant impacts on the environment. Cm. Oravetz asked who prepared the Negative Declaration and Initial Study. Mr. Van Katwyk stated Staff prepared it and Mr. Peabody approved it. Cm. Oravetz asked how could Staffdetermine there aren't going to be any impacts to the quality of air with the increased traffic proposed. Mr. Peabody stated that the City has done an environmental impact report for the whole specific plan area and the 30,000+ people, 13,000 units, and 10,000,000 square feet of commercial and industrial development anticipated was addressed. The actual circulation system that Mr. Van Katwyk is discussing is consistent with what has already been studied in 1993. All of the major environmental issues related to that future development of the area were discussed in length. This project is consistent with what has already been approved. Mr. Van Katwyk stated they are in full conformance with the Eastern Dublin Specific Plan and the General Plan. Staff recommends that the Planning Commission adopt the resolution initiating this process to establish the right of way Iines for the portions of Tassajara Road, Dublin Blvd., Gleason Drive, and Central Pkwy identified in the staff report. Also recommend to the City Council adopt the Negative Declaration and right of way lines for the portions of streets identified in the staffreport. Cm. Musser stated for the record that there were some significant impacts identified in the staffreport, air quality being one. The Final EIR prepared by the Specific Plan, covers the impacts identified in the staffreport. As part of that EIR, there were statements of overriding consideration that were written to cover future impacts. Mr. Peabody stated that is correct. Cm. Musser asked for clarification on the 20-foot lane. He stated that the typical lane is 12-feet wide. Mr. Van Katwyk said the 20-foot lane is for a bike lane, turn lane, and an emergency break down lane. There are some portions of dedicated right turn lanes along Tassajara Road also. Cm. Johnson opened the public hearing. Planning Commission 71 June 8, 1999 Regular Meeting John Dimanto, Dublin Land Company, stated that he has concerns on the history of the process he has been involved with. He summarized the history of Dublin Land Company and stated that they go back about 15 years with ownership and has been dealing with Hacienda Park for about 40 years. They had the first map for development approximately 13 years ago and that plan never evolved. The past 4-5 years he has attended City meetings regarding the East Dublin area. The County approached him about his land and asked him to not annex to the City and to work with the County. During this time several people began selling their property and the area has gone from 18 landowners to about 5 or 6 landowners. He stated many landowners have attempted to form an assessment district and on that basis he hired the engineering firm of Mark Thomas Engineers to prepare for an assessment district. He is still waiting to hear on the formation of an assessment district. He stated that he just received the packet being reviewed tonight and with his busy schedule did not have the time to discuss it with his engineer or his attorney. He asked the Commissioners to not pre-judge the Dublin Land Company. He stated that they have been waiting patiently for an assessment district to be formed. It appears that there will not be an assessment district formed for right of way acquisition. Dublin Land Company has been waiting for some major bankable tenants and has not had a plan to submit to the City. The Dublin Land Company is a small landowner and they do not have the big bucks that the surrounding properties have. He stated that he is aware that after tonight's meeting it will go to City Council for approval. Mr. Peabody said that the purpose of tonight's Planning Commission meeting is to establish a precise line alignment. The Eastern Dublin Specific Plan allowed for a certain amount of development to occur on Mr. DiManto's property along with many other properties in East Dublin. The roadway established is for the benefit to all the properties out there including Mr. DiManto's property. The method on how the roadway alignments are built will occur when development happens or an assessment district gets formed. He stated that he agrees with Mr. DiManto's comments that the CiD' Council will eventually have to decide this issue, but it is a process that involves the Planning Commission as well. Mr. Van Katwyk stated he sent adequate notices to John DiManto before the public hearing. (Faxed on 5/27/99 and posted on property 6/28/99) He said these drawings have been available and reviewed with Mr. DiManto in 2 separate meetings. Also the City sent the alignments by CAD disk to Mr. Dimanto engineer for him to review the precise alignment plans in great detail. The City has had discussions with Mr. DiManto on what he wants to do with his property. Mr. DiManto stated that he has talked with the Director of Public Works about the formation of an assessment district. Mr. Van Katwyk stated the City has come up with a Traffic Impact Fee (TIF) program, which is similar to an assessment district that pays for the construction and right of way of road improvements. The City has designed a fee program for all the roads that need to be built in the entire Eastern Dublin area. He explained that some of the developers were conditioned to build some of the roads initially or pre pay their TIF fees, which they would receive, TIF credit. The County was required to pay for the construction of over 20 million dollars of road improvements. The Lin's agreed to extend a tot of money and build the needed road improvements of Dublin Boulevard, G leason Road, and Central Parkway in accordance to the City's TIF credit policies. The City's TIF program is similar to an assessment district in that the costs of improvements are spread over the entire geographical area of benefit. If Mr. DiManto came in and built some of these improvements, he would build them as reimbursement for traffic impact fees. He explained that the center portions of the roadway are built by TIF and the developers build the outer 20' lane adjacent to the properly. When a developer comes in after the construction of the roads, they are jointly paying their fair share portion of the roads with the payment of their TIF fees. Cm. Oravetz stated that to his understanding, Mr. DiManto is not required to pay any fees until he develops his property. Mr. Van Katwyk responded that is correct. The Lin property owners are currently putting up the money to buy the right of way to create these road alignments. Cm. Oravetz asked if that is going to be on Mr. DiManto's property. Mr. Van Katwyk stated that is something that needs to be addressed. He stated that Public Works needs to establish the precise alignment and acquire the property through negotiation or condemnation if it is required. Cm. Oravetz asked Mr. Van Katwyk to explain how the condemnation process would take place. Planning Commission 72 .June 8, 1999 Regular Meeting Mr. Van Kat~ffk stated that a condemnation process is usually a process is used to acquire the right of way when negotiations fail; by law the City would have to do an appraisal to find out what the property is worth. Cm. Oravetz asked if Mr. DiManto would be paid for the property. Mr. Van Katwyk responded yes, at fair market value. Cm. Johnson asked Mr. Van Katwyk if he had any other comments. Mr. Van Katwyk stated that Public Works would be happy to continue working with Mr. DiManto and meet with him anytime. He felt that Mr. DiManto had ample time to review the alignments as shown in the staffreport and concluded his presentation. Mr. DiManto stated a number of months ago he was contacted by Mr. Van Katwyk who stated that he should consider giving all right-of-ways to the City to avoid problems because of the bigger developments. He came in twice and spoke with Mr. Van Katwyk. The driving rome at that time was for a Jack in the Box and a gas station. He met with the Public Works Director but could not get the road width at that time. He stated that he did not get a response so he called the Mayor. The Mayor helped set a meeting with the Public Works Department to try and get some answers. At that meeting the road widths were limited and Tassajara Road was changed from four lanes to six lanes. He said he is still waiting for the formation of the assessment district. He has been waiting for decisions to be made on what vehicle would be set up and the rates. He felt the City was going to condemn them and they had to go to a law firm and at the proper time they will get involved. Mr. Van Katwyk stated the City is still willing to work with Mr. Dimanto on this project. They have met with him several times and things have not changed and are willing to meet with him again to discuss any of his concerns. Cm. Hughes stated that the Planning Commission's responsibility is to decide the right of way and the dimensions. The issue of the assessment district would be decided by the City Council. He stated that this issue is open to the public and there has not been any comments from any citizens. Cm: Johnson closed the public hearing and asked for a recommendation. Cm. Oravetz agreed with Cm. Hughes and wanted Mr. DiManto and Public Works to discuss some of the issues before the project goes to the City Council. Cm. Johnson said it would be up to the individuals to decide to get together before the City Council meeting. Cm. Musser said the right of way is in conformance of the Eastern Dublin Specific Plan. This project has been going on for 15 years and should not be a surprise to anyone. With the lack of the public being here, there must not be any concerns over the right of way. On motion by Cm. Musser, seconded by Cm. Hughes, and with a vote of 4-1-0, with Cm. Jennings absent, the Planning Commission unanimously adopted RESOLUTION NO. 99-21 INITIATING PROCESS OF ESTABLISHING RIGHT OF WAY LINES FOR A PORTION OF TASSAJARA ROAD (FROM NORTH OF INTERSTATE 580 TO THE NORTHERLY BOUNDARY OF DUBLIN RANCH TRACT 6962-NEIGHBORHOOD M1), AND FOR PORTIONS OF DUBLIN BOULEVARD, GLEASON DRIVE AND CENTRAL PARKWAY (FROM TASSAJARA ROAD TO THE WESTERLY BOUNDARY OF DUBLIN RANCH AREAS F, G & H) FORPA 99-015 Planning Commission 73 June 8, 1999 Regular Meeting and on a motion by Cm. Musser, seconded by Cm. Hughes, with a vote of 4-1-0, with Cm. Jennings absent, the Planning Commission unanimously adopted RESOLUTION NO. 99-22 FINDING OF CONFORMITY OF LOCATION, PURPOSE AND EXTENT OF RIGHT OF WAY LINES FOR A PORTION OF TASSAJARA ROAD (FROM NORTH OF INTERSTATE 580 TO THE NORTHERLY BOUNDARY OF DUBLIN RANCH TRACT 6962-NEIGHBORHOOD MI), AND FOR PORTIONS OF DUBLIN BOULEVARD, GLEASON DRIVE AND CENTRAL PARKWAY (FROM TASSAJARA ROAD TO THE WESTERLY BOUNDARY OF DUBLIN RANCH AREAS F, G & H) WITH THE DUBLIN GENERAL PLAN AND THE EASTERN DUBLIN SPECIFIC PLAN AND RECOMMENDING THAT THE CITY COUNCIL ADOPT THE NEGATIVE DECLARATION AND · RIGHT OF WAY LINES FOR SAID PORTIONS OF STREETS AND ADOPT RIGHT OF WAY LINES FOR SAID PORTIONS OF STREETS FOR PA 99-015 NEW OR UNFINISHED BUSINESS Cm. Musser asked if Staffhas looked at the traffic on Dublin Blvd. at Dougherty Rd. because it gets really backed up. Mr. Peabody said he would mention it to Mr. Van Katwyk. He stated that most cars turn right rather than going straight. Cm. Johnson suggested a cut through Camp Parks to get to Tassajara. Mr. Peabody went over the upcoming schedule. ADJOURNMENT Being no further business, the meeting was adjourned at 8:00 p.m. Community Development Director Respectfully submitted, Planni~g~otm mission ~ h~ai~ersont~d~ Planning Commission 74 June 8, 1999 Regular Meeting