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HomeMy WebLinkAboutPC Reso 98-50 PA98-049 Rec CC Koll Ctr PDRezone (2)Two versions of PC Reso 98-50 (both signed) are in file and have been scanned here. RESOLUTION NO. 98 - 50 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE A PLANNED DEVELOPMENT (PD) DISTRICT REZONE / DEVELOPMENT PLAN (STAGE 1 and STAGE 2) FOR PA 98-049 PROPERTY LOCATED AT 7197 VILLAGE PARKWAY WHEREAS, a British Petroleum (BP) Service Station was operated at 7197 Village Parkway the ("Property") until approximately April, 1998; and WHEREAS, the Property had been vacant from approximately April to August of 1998. During this time, it had become unsightly, with high weeds, large amounts of debris, abandoned vehicles, unattractive cyclone fencing, and other features which degrade the aesthetic environment in the area; and WHEREAS, at the July 7, 1998 City Council Meeting, members of the Council expressed their desire to encourage Village Parkway to develop into a vital downtown area with offices, restaurants, cafes, retail services, and other pedestrian-friendly land uses; and WHEREAS, at the July 7, 1998 City Council Meeting, the Council instructed staff to initiate a General Plan Amendment Study to evaluate appropriate uses for the Property, consistent with that desire; and WHEREAS, in response to the City Council' s direction, staff conducted a preliminary land use investigation for the site and recommended the following commercial uses: Community-Serving Retail: general merchandise stores, clothing/shoe stores, gift/specialty stores, book stores, and similar stores; Office and Service: legal offices, medical/dental offices, travel agency, hair/beauty salon, other administrative and professional offices, and similar offices and service uses; Eating, Drinking and Entertainment: restaurants, cafes, ice cream shops, video rental, delicatessens, and similar uses; and WHEREAS, Community-Serving Retail, Office and Service, Eating, Drinking and Entertainment uses, as those terms are used in this ordinance, do not include automotive-related uses, such as service stations, automobile/vehicle brokerage, rental, sales, service and repair; and WHEREAS, the Agenda Statement for Ordinance No. 11-98, adopted July 21, 1998 provides evidence that the development of Community-Serving Retail, Office and Service, and Eating, Drinking and Entertainment uses on Village Parkway may be discouraged by the use of the Property for automotive-related uses, such as service stations, automobile/vehicle brokerage, rental, sales, service and repair; and WHEREAS, on July 21, 1998, the City Council found that allowing the future use of the Property for automotive related uses, such as service stations, automobile/vehicle brokerage, rental, sales, service and repair would pose a current and immediate threat to the public health, safety and welfare because it will likely cause land use incompatibilities; and WHEREAS, on July 21, 1998, the City Council found that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement that would allow the future use of the Property for automotive related uses, such as service stations, automobile/vehicle brokerage, rental, sales, service and repair, would result in that threat to public health, safety and welfare; and WHEREAS, on July 21, 1998, the City Council also directed staff to prohibit any drive-through uses on the Property; and WHEREAS, on July 21, 1998, the City Council adopted a forty-five (45) day moratorium on the acceptance, processing or approval of any applications or permits for subdivisions, use permits, variances, building permits, or any other applicable entitlement on the Property for any uses other than Community-Serving Retail, Office Service, and Eating, Drinking and Entertainment; and WHEREAS, the City staff needed additional time to complete the General Plan Amendment Study to evaluate appropriate uses for the Property; and WHEREAS, on September 1, 1998, the City Council adopted Ordinance No. 12-98 which extended for ten (10) months and fifteen (15) days, from September 6, 1998, until July 21, 1999, the forty-five (45) day moratorium it adopted on July 21, 1998; and WHEREAS, staff completed the zone change study and prepared a PD District Rezone and Stage 1 and Stage 2 Development Plan for the Property in compliance with Ordinance No. 12-98, which rezones the Property from the C-2, General Commercial Zoning District to a PD Zoning District; and WHEREAS, the Planning Commission did hold a public hearing on the PD District Rezone and Development Plan on November 10, 1998; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application has been reviewed in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City Environmental Guidelines, and determined to be exempt from CEQA because the project will not have the potential for causing a significant effect on the environment. Any future development that is proposed for the project site will be subject to CEQA review; and WHEREAS, the Staff Report was submitted recommending Planning Commission approval of a resolution recommending City Council approval of the PD Planned Development Rezone and Development Plan; and WHEREAS, the Planning Commission heard and considered all said reports, recommendations, written and oral testimony submitted at the public hearing as hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed PD District Rezone and Development Plan: The Proposed Planned Development Zoning District and Development Plan (Stage 1 and Stage 2) meet the purpose and intent of Chapter 8.32 of the Zoning Ordinance because they will provide retail commercial and office uses that are appropriate for a site which is located at a major intersection within the Dublin's downtown instead of automotive related uses, which would be possible under the requirements of the C-2 Zoning District; and o Development under the Planned Development Zoning District and Development Plan (Stage 1 and Stage 2) would be harmonious and compatible with existing and future development in the surrounding areas and especially with the residential area to the south due to the setback, parking and landscape requirements of the Planned Development Zoning District and due to the prohibition of automotive and drive-through uses that would likely cause land use incompatibilities with the adjacent residential uses, and potential noise and air quality impacts; and The PD Rezone is consistent with the general provisions, intent, and purpose of the PD District Zoning District of the Zoning Ordinance in that it contains all information required by Chapter 8.32 of the Zoning Ordinance for a Stage 1 and Stage 2 Development Plan and accomplishes the objectives of Chapter 8.32, A through H, of the Zoning Ordinance; and The subject site is physically suitable for the type and intensity of the zoning district being proposed because it is located within a developed downtown area, was previously developed, and because it is located adjacent to roadways which are designed to carry traffic that would be generated by the proposed types of uses; and The proposed amendment 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 has been built according to City laws and regulations and because the Planned Development Zoning District will limit land uses to those which are appropriate for this site; and o The proposed amendment is consistent with the Retail/Office designation of the Dublin General Plan and the proposed use types are permitted by said designation. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council approve a Planned Development District Rezone, as shown in Exhibit 2, and the Stage 1 and Stage 2 Development Plan, as shown in Exhibit 2A to the staff report for PA 98-049, which shall constitute regulations for the use, development, improvement, and maintenance of the approximate 1.06 acre property. PASSED, APPROVED AND ADOPTED this 10th day of November, 1998. AYES: NOES: ABSENT: Cm. Jennings, Johnson, Hughes, Musser, and Oravetz Planning Commi~on Chairperso~/r - Community Development Director G:\PA98-049\pcreso RESOLUTION NO. 98 - 50 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE A PLANNED DEVELOPMENT (PD) DISTRICT REZONE / DEVELOPMENT PLAN (STAGE 1) FOR PA 98-049 PROPERTY LOCATED AT 7197 VILLAGE PARKWAY WHEREAS, a British Petroleum (BP) Service Station was operated at 7197 Village Parkway the ("Property") until approximately April, 1998; and WHEREAS, the Property had been vacant from approximately April to August of 1998. During this time, it had become unsightly, with high weeds, large amounts of debris, abandoned vehicles, unattractive cyclone fencing, and other features which degrade the aesthetic environment in the area; and WHEREAS, at the July 7, 1998 City Council Meeting, members of the Council expressed their desire to encourage Village Parkway to develop into a vital downtown area with offices, restaurants, cafes, retail services, and other pedestrian-friendly land uses; and WHEREAS, at the July 7, 1998 City Council Meeting, the Council instructed staff to initiate a General Plan Amendment Study to evaluate appropriate uses for the Property, consistent with that desire; and WHEREAS, in response to the City Council' s direction, staff conducted a preliminary land use investigation for the site and recommended the following commercial uses: Community-Serving Retail.' general merchandise stores, clothing/shoe stores, gift/specialty stores, book stores, and similar stores; Office and Service: legal offices, medical/dental offices, travel agency, hair/beauty salon, other administrative and professional offices, and similar offices and service uses; Eating, Drinking and Entertainment: restaurants, cafes, ice cream shops, video rental, delicatessens, and similar uses; and WHEREAS, Community-Serving Retail, Office and Service, Eating, Drinking and Entertainment uses, as those terms are used in this ordinance, do not include automotive-related uses, such as service stations, automobile/vehicle brokerage, rental, sales, service and repair; and WHEREAS, the Agenda Statement for Ordinance No. 11-98, adopted July 21, 1998 provides evidence that the development of Community-Serving Retail, Office and Service, and Eating, Drinking and Entertainment uses on Village Parkway may be discouraged by the use of the Property for automotive-related uses, such as service stations, automobile/vehicle brokerage, rental, sales, service and repair; and WHEREAS, on July 21, 1998, the City Council found that allowing the future use of the Property for automotive related uses, such as service stations, automobile/vehicle brokerage, rental, sales, service and repair would pose a current and immediate threat to the public health, safety and welfare because it will likely cause land use incompatibilities; and WHEREAS, on July 21, 1998, the City Council found that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement that would allow the future use of the Property for automotive related uses, such as service stations, automobile/vehicle brokerage, rental, sales, service and repair, would result in that threat to public health, safety and welfare; and WHEREAS, on July 21, 1998, the City Council also directed staff to prohibit any drive-through uses on the Property; and WHEREAS, on July 21, 1998, the City Council adopted a forty-five (45) day moratorium on the acceptance, processing or approval of any applications or permits for subdivisions, use permits, variances, building permits, or any other applicable entitlement on the Property for any uses other than Community-Serving Retail, Office Service, and Eating, Drinking and Entertainment; and WHEREAS, the City staff needed additional time to complete the General Plan Amendment Study to evaluate appropriate uses for the Property; and WHEREAS, on September 1, 1998, the City Council adopted Ordinance No. 12-98 which extended for ten (10) months and fifteen (15) days, from September 6, 1998, until July 21, 1999, the forty-five (45) day moratorium it adopted on July 21, 1998; and WHEREAS, staff completed the zone change study and prepared a PD District Rezone and Stage 1 Development Plan for the Property in compliance with Ordinance No. 12-98, which rezones the Property from the C-2, General Commercial Zoning District to a PD Zoning District; and WHEREAS, the Planning Commission did hold a public hearing on the PD District Rezone and Development Plan on November 10, 1998; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application has been reviewed in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City Environmental Guidelines, and determined to be exempt from CEQA because the project will not have the potential for causing a significant effect on the environment. Any future development that is proposed for the project site will be subject to CEQA review; and WHEREAS, the Staff Report was submitted recommending Planning Commission approval of a resolution recommending City Council approval of the PD Planned Development Rezone and Development Plan; and WHEREAS, the Planning Commission heard and considered all said reports, recommendations, written and oral testimony submitted at the public hearing as hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed PD District Rezone and Development Plan: The Proposed Planned Development Zoning District and Development Plan (Stage 1) meet the purpose and intent of Chapter 8.32 of the Zoning Ordinance because they will provide retail commercial and office uses that are appropriate for a site which is located at a major intersection within the Dublin's downtown instead of automotive related uses, which would be possible under the requirements of the C-2 Zoning District; and Development under the Planned Development Zoning District and Development Plan (Stage 1) would be harmonious and compatible with existing and future development in the surrounding areas and especially with the residential area to the south due to the setback, parking and landscape requirements of the Planned Development Zoning District and due to the prohibition of automotive and drive-through uses that would likely cause land use incompatibilities with the adjacent residential uses, and potential noise and air quality impacts; and o The PD Rezone is consistent with the general provisions, intent, and purpose of the PD District Zoning District of the Zoning Ordinance in that it contains all information required by Chapter 8.32 of the Zoning Ordinance for a Stage 1 Development Plan and accomplishes the objectives of Chapter 8.32, A through H, of the Zoning Ordinance; and The subject site is physically suitable for the type and intensity of the zoning district being proposed because it is located within a developed downtown area, was previously developed, and because it is located adjacent to roadways which are designed to carry traffic that would be generated by the proposed types of uses; and The proposed amendment 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 has been built according to City laws and regulations and because the Planned Development Zoning District will limit land uses to those which are appropriate for this site; and o The proposed amendment is consistent with the Retail/Office designation of the Dublin General Plan and the proposed use types are permitted by said designation. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council approve a Planned Development District Rezone, as shown in Exhibit 2, and the Stage 1 Development Plan, as shown in Exhibit 2A to the staff report for PA 98-049, which shall constitute regulations for the use, development, improvement, and maintenance of the approximate 1.06 acre property. A Stage 2 Development Plan shall be approved prior to development on the Property. PASSED, APPROVED AND ADOPTED this 10th day of November, 1998. AYES: NOES: ABSENT: Cm. Jennings, Johnson, Hughes, Musser, and Oravetz Planni/ng Commis~o/n Chairper~ ATTEST: Community Development Director G:LPA98-049\pcreso