Loading...
HomeMy WebLinkAbout7.1 Written Comm: Scarlett Ct Consideration on whether reconfiguration is within Dublin Gen PlanAGENDA STATEMENT PLANNING COMMISSION MEETING DATE: October 13, 2009 SUBJECT: WRITTEN COMMUNICATION: Consideration of whether the vacation of the easternmost and westernmost portions of Scarlett Court, the possible sale of the westernmost portion of Scarlett Court and any land transfers that may be necessary to realize the proposed reconfiguration of Scarlett Court are consistent with the City of Dublin General Plan. Report Prepared by: Stephen Muzio, City Attorney's Office ATTACHMENTS: 1) October 6, 2009 City Council Staff Report Relating to Initiation of Abandonment Proceedings for the Eastern End of Scarlett Court. 2) October 6, 2009 City Council Staff Report Relating to Initiation of Abandonment Proceedings for the Western End of Scarlett Court. 3) Map Showing Location of Scarlett Court to be Vacated and Showing Proposed Configuration of Scarlett Court. 4) Resolution finding that the vacation of the easternmost and westernmost portions of Scarlett Court, the possible sale of the westernmost portion of Scarlett Court and any land transfers that may be necessary to realize the proposed reconfiguration of Scarlett Court are consistent with the City of Dublin General Plan. RECOMMENDATION: 1) Receive Staff Presentation; and 2) Adopt the Resolution finding that the vacation of the easternmost and westernmost portions of Scarlett Court, the possible sale of the westernmost portion of Scarlett Court and any land transfers that may be necessary to realize the proposed reconfiguration of Scarlett Court are consistent with the City of Dublin General Plan. DESCRIPTION: At its October 6, 2009 meeting, the Dublin City Council adopted a resolution to initiate abandonment proceedings relating to the proposed abandonment of portions of Scarlett Court. Staff proposes abandoning portions of the eastern and western ends of Scarlett Court for the reasons outlined in the two attached City Council Staff Reports. (See Attachments 1 and 2 for discussion of reasons for proposed abandonment. See Attachment 3 for the map showing areas proposed to be abandoned [in red].) COPY TO: File Page 1 of 3 ITEM NO. . 1 G:IAgendas120WGP Conformance 10.13.091PCSR Scarlett GP Conform.DOC Government Code section 65402 provides, in part, that: "no real property shall be acquired by dedication or otherwise for street, square, park or other public purposes, and no real property shall be disposed of, no street shall be vacated or abandoned, and no public building or structure shall be constructed or authorized, if the adopted general plan or part thereof applies thereto, until the location, purpose and extent of such acquisition or disposition, such street vacation or abandonment, or such public building or structure have been submitted to and reported upon by the planning agency." As noted in Attachment 2, if the City Council ultimately elects to abandon the western portion of Scarlett Court, the City will have the option of disposing of the resulting parcel by selling it. Additionally, City Staff is exploring the possibility of creating a new configuration for Scarlett Court that would consist of two new cul-de-sacs at either end of Scarlett Court. (The proposed configuration is shown in blue in Attachment 3.) Establishing this configuration would require additional transfers of land to ensure that the City has sufficient property to construct the proposed cul-de-sacs. In light of these proposed actions [1) the abandonment of portions of Scarlett Court; 2) the possible sale of the western portion of Scarlett Court; and 3) the acquisition of additional property in order to create two new cul-de-sacs], Staff requests that the Planning Commission consider whether all three actions are consistent with the Dublin General Plan, rather than conducting separate proceedings at a later date. Applicable Provision in General Plan Abandonment of the Western Portion of Scarlett Court With regards to the proposed abandonment of portions of the western portion of Scarlett Court, Staff has identified only one provision in the General Plan that might be deemed applicable. Guiding Policy `A' in the Circulation and Scenic Highways Element of the General Plan provides, in part, that non-residential streets should be designed to "minimize congested conditions during peak hours of operation at intersections." As discussed in Attachment 2, the current intersection of Scarlett Court and Dublin Boulevard is located immediately next to the much larger Dublin-Dougherty Intersection. Staff believes that the limited traffic movement permitted in and out of Scarlett Court may have the potential to confuse drivers in the area. Such confusion could, in turn, create traffic congestion issues in the area, and the proposed abandonment of the Dublin Boulevard-Scarlett Court intersection would eliminate such confusion. Based on observations, Staff does not believe that such abandonment would negatively impact any of the businesses in the area. Abandonment of the Eastern Portion of Scarlett Court With regards to the proposed abandonment of portions of the eastern portion of Scarlett Court, Staff has identified only one provision in the General Plan that might be deemed applicable. The General Plan Implementing Policy for the Circulation and Scenic Highways Element of the Dublin General Plan provides that streets should be designed according to the standards set forth under the various street types. The design standards for cul-de-sacs provide, in part, that "[t]he length of cul-de-sacs shall not exceed 1,000 feet." It is important to note that the existing cul-de-sac at the eastern end of Scarlett Court pre- dates incorporation of the City of Dublin. However, the current length of the existing cul-de-sac, measured from the intersection of Scarlett Drive and Scarlett Court, is approximately 1,500 feet. By abandoning the easternmost end of Scarlett Court, this distance would be reduced to approximately 1,000 feet, which is more consistent with the General Plan than the existing configuration. 2 Proposed New Configuration for Scarlett Court The proposed new configuration for Scarlett Court, consisting of new cul-de-sacs at each end of Scarlett Court (See Attachment 3), is also impacted by the Implementing Policy for the Circulation and Scenic Highways Element of the Dublin General Plan that provides that streets should be designed according to the standards set forth under the various street types. In addition to the portion quoted in the previous section, the design standards for cul-de-sacs provide, in part, that "cul-de-sacs are designed for residential land uses. The length of cul-de-sacs shall not exceed 1,000 feet. The turnaround curb radius shall be a minimum of 40 feet." While the proposed configuration would create two cul-de-sacs in an area that does not have a residential land use designation, it is important to note that the existing cul-de-sac predates the General Plan and, indeed, the City of Dublin's incorporation. Although Staff would not generally recommend that cul-de- sacs be constructed in non-residential areas, in this instance Staff believes that the proposed configuration actually helps bring the area into closer compliance with the requirements of the General Plan. First, it is worth noting that the reference to the design of cul-de-sacs being for residential land uses does not include mandatory language that would create an outright prohibition of the siting of cul-de-sacs in non-residential areas. However, and as mentioned above, the current configuration of Scarlett Court is inconsistent with the mandatory requirement that the length of cul-de-sacs "shall not" exceed 1,000 feet. The proposed configuration would create two cul-de-sacs. Measured from the intersection of Scarlett Court and Scarlett Drive, the proposed western cul-de-sac would be approximately 500 feet long, and the proposed eastern cul-de-sac would be approximately 1,000 feet long. The cul-de-sacs would satisfy the other design requirements for cul-de-sacs relating to: minimum design speed, curb-to-curb measurements, right-of-way, maximum grade, minimum curb radius, public service and landscaping easement. With regards to the design standard for sidewalk widths, this requirement would be met with respect to all of the sidewalk area proposed to be constructed. It should be noted, though, that the proposed configuration calls for the sidewalk to continue only partially around the two cul-de-sacs. Because there is no sidewalk on the south side of the street, which fronts on I-580, this change would not impact pedestrian use of the street, and is not inconsistent with the requirements of the General Plan. CONCLUSION: Staff believes that the proposed abandonment of the eastern and western portions of Scarlett Court, the potential sale of the western portion of Scarlett Court, and the potential acquisition of property necessary to realize the proposed reconfiguration of Scarlett Court are all consistent with the General Plan, in that all of the actions bring the current configuration, which pre-dates the City's incorporation, into closer compliance with the General Plan, and none of the proposed changes conflicts with a mandatory requirement in the General Plan. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; and 2) Adopt the Resolution finding that the vacation of the easternmost and westernmost portions of Scarlett Court, the possible sale of the westernmost portion of Scarlett Court and any land transfers that may be necessary to realize the proposed reconfiguration of Scarlett Court are consistent with the City of Dublin General Plan. 3