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HomeMy WebLinkAboutOrd 03-09 Montessori Sch PD RezoneORDINANCE NO.3-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A PD PLANNED DEVELOPMENT REZONE WITH A STAGE 2 DEVELOPMENT PLAN FOR THE SPRINGFIELD MONTESSORI SCHOOL LOCATED AT THE CORNER OF KOHNEN WAY AND BRANNIGAN STREET IN AREA F OF DUBLIN RANCH (APN 985-0052-022 AND 985-0052-023) PA 08-038 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. By Ordinance No. 12-04 the City Council rezoned the approximately 2.57-acre within Dublin Ranch Area F to the Planned Development Zoning District (PA 01-037) and adopted a Stage 1 Development Plan for the site (APN 985-0052-022 and 985-0052-023). B. This Ordinance adopts a Stage 2 Development Plan and rezones the property to the PD Planned Development Zoning District for a portion of Dublin Ranch Area F for the Project known as the Springfield Montessori School. Section 2. FINDINGS AND DETERMINATIONS A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows: 1. The Sprin~eld Montessori Planned Development Zoning, including a Stage 2 Development Plan, meets the purpose and intent of Chapter 8.32 because: it provides a comprehensive development plan that is tailored to the Public/Semi-Public land use proposed on the Project Site and creates a desirable use of land that is sensitive to surrounding land uses by virtue of the layout and design, which is adjacent to a middle school and single-family residential. 2. The PD rezoning with Stage 2 Development Plan for Sprin~eld Montessori will be harmonious and compatible with existing and potential development in the surrounding area in that.• 1) the land uses and site plan establish aPublic/Semi-Public development; 2) the proposed project is consistent with the Public/Semi-Public use envisioned in the General Plan, Eastern Dublin Specific Plan and the Stage 1 Development Plan; 3) the Project Site has been designed to reduce impacts on the adjacent residential uses and to be compatible with the residential developments and school in the vicinity; 4) the Project Site includes attractive landscaping and site elements including landscaping, street trees and light fixtures to create an attractive landscape palette for the Site, and will be consistent with the landscaping and site elements in Dublin Ranch; and 5) the Project has been attractively designed and is compatible with the neighborhood in which it is located. Page 1 of 6 B. Pursuant to Section 8.120.OSO.A and B of the Dublin Municipal Code, the City Council finds as follows: 1. The PD rezoning with Stage 2 Development Plan for Sprin~eld Montessori will be harmonious and compatible with existing and potential development in the surrounding area in that: 1) the land uses and site plan establish aPublic/Semi-Public project; 2) the proposed Project is consistent with the Public/Semi-Public use envisioned in the General Plan, Eastern Dublin Specific Plan and the Stage 1 Development Plan; 3) the Project Site has been designed to reduce impacts on the adjacent residential development and to be compatible with the residential and school uses in the vicinity; 4) the Project Site includes attractive landscaping and site elements including landscaping, street trees and light fixtures to create an attractive landscape palette for the Site; and 5) the Project has been attractively designed and is compatible with the neighborhood in which it is located. 2. The Project 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 of .14 which is less than the maximum floor area ratio of .50 allowed by the Eastern Dublin Specific Plan; 2) the proposed Project will include a daycare which is consistent with the General Plan land use designation of Public/Semi-Public; 3) the Site is accessible by Brannigan Street, an existing street; and 4) the Site is near residential uses and a school, and is therefore physically suitable for the type and intensity of the proposed Planned Development Zoning district. 3. The PD rezone with Stage 2 Development Plan 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 because: the Project will comply with all applicable development regulations and standards and will implement all applicable mitigation measures in the Eastern Dublin EIR and the 2000 Mitigated Negative Declaration for Dublin Ranch Area F. 4. The PD rezone with Stage 2 Development Plan is consistent with the Dublin General Plan and Eastern Dublin Specific Plan because: 1) the proposed daycare building and playground is consistent with the General Plan and Eastern Dublin Specific Plan land use designation of Public/Semi-Public; 2) the proposed Project is consistent with the City's goal of developing public facilities within the City to meet the needs of the residents; and 3) the Springfield Montessori School includes an attractive development with a new building and landscaping which will promote visual interest of the Site from the adjacent properties and the street and will promote a pedestrian friendly environment once the Project is complete. C. Pursuant to the California Environmental Quality Act (CEQA), the City Council adopted Resolution No. 34-00 adopting the Mitigated Negative Declaration for Dublin Ranch Planning Area F (SCH 1999112040) on February 15, 2000 and the 2004 CEQA Addendum for Areas B/E/F adopted by Dublin City Council Resolution 43-04 on March 16, 2004. The prior environmental documents are available for review in the Community Development Department. On March 17, 2009 the City Council approved a Resolution adopting a CEQA Addendum for the Project, which resolution is incorporated herein by reference. Section 3. ZONING MAP AMENDMENT. Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code, the Dublin Zoning Map is amended to rezone the following property ("the Property") to a PD-Planned Development district: Page 2 of 6 2.57+ net acres within Parcel 2 of Parcel Map 9451 (APN 985-0052-022) and 0.418+ net acres within Parcel 3 of Parcel Map 9451 (APN 985-0052-023) for PA 08-038. A map of the rezoning area is shown below: r w~ ~, Section 4. ~~~ c The regulations for the use, development, improvement, and maintenance of the subject property are set forth in the following Stage 2 Development Plan, 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. 1. Statement of compatibility with Stage 1 Development Plan. The Stage 2 Development Plan is compatible with the Stage 1 Development Plan (PA 01-037) for the property in that the Project is a Public/Semi-Public facility as planned for in the Stage 1 Development Plan. .. ; ..~,,,. KOHNEN W'Y E pG~ c~~,3B Page 3 of 6 STAGE 2 DEVELOPMENT PLAN 2. Statement of Uses. PD-Public/Semi-Public Intent. Public/Semi-Public land use designations are established to provide Quasi-Public uses, such as daycare centers, private schools, theaters and other similar uses which benefit the community. Permitted Uses Public, Semi-Public and Institutional uses as allowed by the General Plan and Eastern Dublin Specific Plan, including but not limited to: Library Post Office Fire Station Police Station Religious Facility Community Center Other governmental and quasi-governmental offices as determined by the Community Development Director Similar and related uses as determined by the Community Development Director Conditional Uses School (private) Daycare center Similar and related uses as determined by the Community Development Director Temporary Uses Please refer to Zoning Ordinance Chapter 8.108 for a list of permitted temporary uses and permit procedures. 3. Stage 2 Site Plan. ~~N, vr+ .__ 9 4. Site area, proposed densities. Land Use Designation Public/Semi-Public TOTAL 5. Development Regulations. Minimum Setbacks Building to West Property Line Building to North Property Lme Building to Public Street Right-of-W Maximum Floor Area Ratio Maximum Building Height varti;.,a maces Reauired Proposed Stage 2 PD Land Use Plan Net Maximum FAR Acres 2.57 .50 2.57 ~ .SO 100' 15' 40' .50 30' and 2 stories Per Zoning Ordinance 6. Architectural Standards. All improvements in this Zoning District shall be well designed and shall complement the character and design of the surrounding neighborhood. All improvements and future improvements shall complement the design of the existing building and shall enhance the site and be harmonious with high standards of improvements in the surrounding area. Future improvements shall be consistent with the purpose of Chapter 8.104, Site Development Review, in the Zoning Ordinance.ln 11 uneig Ste suand shall be screened from view. All equipment including HVAC units, conduits, p p g, trash containers shall be completely screened from view. 7. Preliminary Landscaping Pla i ~ ` o w .ncurnw,Ryvurrtus~ ~ _ o •, ~ .....~ .,.e ~ ~~ 1 ~ _ i ~~ 1~ ~~r- - __ ~ ~.r ~ ~ n t ~~ ~ ,.,. .mm,u ..~ . ,~ ~~ oer+mirarES ~E ~ '~ b-7 11i 1 1. ~w ~ ~ ~ \ ~` ~ '°~' e a yM I. I i ~ j ~ ~'~ ,rn ~ ~.~ _ ..,~,~. a ~ ,~. ~ LAMOS'`A-E CONCF-T3fATE~ ~ i ~ ~ ~ ~ 11 ~t~~~,1 ~ i ~~yMmidmcsrarorvw ~ w...~.ar~cwew.~mm~m xe M~..y~~wnw-'"° MOaweuorcer w~a e.mrxvxva®sne.ma~~u~aeR+wrt o.ne.~e.oemnnd~wn~avow.eam~wieu.ra.R t' I i ~^ I t~7 ,. I ~ .: _ ~. , n a. ~ iaert. ~.~r ' _.__ ___.. ' _ .- ~ ~~ i i ~ ;' _ _ _ __. I Page 5 of 6 Section 5. The use, development, improvement, and maintenance of the Project area shall be governed by the provisions of the R-M, Multi-Family Residential Zoning District and of the Dublin Zoning Ordinance except as otherwise provided in the Stage 2 Development Plan. Section 6. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause the 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. PASSED, APPROVED AND ADOPTED this 7th day of April, 2009, by the following vote: AYES: Councilmembers, Biddle, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: Councilmember Hart ABSTAIN: None ATTEST: ` ~ v- Y ~. P City Clerk ~~ ~~. Mayor Ord No. 3-09, Adopted 4-7-09, Item 4.9 Page 6 of 6