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HomeMy WebLinkAbout6.5 Tralee Townhomes PD~~~~ Off' nU~~~ /ii ~ 111 L~~ - ~ ~~~ DATE: TO: FROM: STAFF REPORT CITY COUNCIL CITY CLERK File #450-30 April 17, 2012 Honorable Mayor and City Councilmembers ~~ Joni Pattillo, City Manager ° ~' SUBJECT: Tralee Townhomes Planned Development Rezone Stage 2 Development Plan Amendment to revise the land plan to remove the public art feature, PLPA-2011- 00049 Prepared by Mike Porto, Consulting Planner EXECUTIVE SUMMARY: The Tralee project is comprised of 130 condominiums (apartments) and 103 townhouses as well as approximately 34,950 square feet of commercial retail office at the northwest corner of Dublin Blvd and Dougherty Road. The original Stage 2 Development Plan provided a location for public art which was to sit on the podium parking structure. Issues with the weight of the art piece, structural concerns with the podium itself and the actual proposed location were determined to be problematic and the public art component is proposed to be replaced with an in-lieu payment for public art. FINANCIAL IMPACT: Adoption of the proposed ordinance would provide a $35,000 payment to the City's Public Art fund. RECOMMENDATION: Staff recommends that the City Council: conduct public hearing, deliberate, waive the reading and introduce an Ordinance adopting a Planned Development Rezone with a Stage 2 Development Plan Amendment to revise the public art requirement for the Tralee Mixed-Use development project. ~ ~ ~~ ~ . ~a~..~ Submitted By Director of Community Development ~~°. ., _ ~.~_ Reviewed By Assistant City Manager Page 1 of 4 ITEM NO. 6.5 DESCRIPTION: Location & Existing Use Tralee is located at the northwest corner of Dublin Boulevard and Dougherty Road. The project site has a General Plan Land Use designation of Mixed Use. The site has the PD Zoning to allow a new development of townhomes, condominiums and retail/commercial spaces. ~R~ ~, ~ 4 SITE ~,STa~ ~~~A ~ iN W 9t °..,, oueun °~et~H s~'a Vii' sa~ars cr e,~e~ ~auwos -r --_.--------W°..°~-- ~- --- ~ ~ ~. d4YEN5 VICINITY MAP Surrounding Uses Uses surrounding and adjacent to the project site are described as: a) To the north: An auto service, retail/commercial center and light industrial uses; b) To the south across Dublin Blvd.: two retail/commercial centers, a service station and a recreational vehicle sales lot; c) To the east across Dougherty Road: a service station and retail/commercial establishments; d) To the west: aretail/commercial center and light industrial uses; Background The Planning Commission, at their meeting of June 22, 2004, recommended that the City Council adopt a Mitigated Negative Declaration and Mitigation Monitoring Plan, a General Plan Amendment to designate the Tralee site for Mixed Use, a Stage 1 and Stage 2 Development Plan and a Site Development Review and Vesting Tentative Tract Map. The City Council approved those items at their meeting of July 20, 2004. The project was comprised of 130 condominiums, currently being rented as apartments, 103 townhouse units and 34,950 square feet of retail/commercial/office with common open space, to be developed in two phases. The project began construction in the summer of 2006 and ultimately the retail/commercial square footage was developed (with the exception of the future retail pad building), the 130 condominiums (which included a podium parking structure) were Page 2 of 4 built and are currently for lease, as well as 50 of the 103 townhouse units were constructed. Thirty-five of the townhouse units have received final Building Department approval and 15 are partially complete. On March 13, 2012 the Planning Commission approved a revised Site Development Review for the remaining 53 townhome units (See Attachment 1). The City had not adopted a formal Public Art Ordinance at the time of the original approval of Tralee so the developer made a commitment to provide a public art piece in a location designated on the Stage 2 Development Plan with a value of $35,000. Subsequently, it was determined that the location of the public art, over the podium parking structure, was too heavy for the podium structure which was not built to accommodate the weight. The Applicant has requested an Amendment to the Stage 2 Development Plan to eliminate the public art piece and pay in-lieu fees of $35,000 for the original commitment. At their meeting of March 13, 2012, the Planning Commission recommended that the City Council adopt an Amendment to the Stage 2 Development Plan (Resolution 12-07) to eliminate the public art location and allow for an in-lieu fee to be paid. ANALYSIS: Stage 2 Development Plan Sheet L-14 of the original approval makes reference to the placement of a "Kinetic Sculpture on an integral color concrete stepped pedestal" as illustrated below: ,~ i R'~'~ qz a, Pinn Brothers, the original developer of Tralee, proposed the public art piece referenced above. Pinn Brothers secured the artist, commissioned the design and took the proposed piece through the City of Dublin Parks and Community Services Department's procedure in-place at the time for approval. It was later determined that the podium structure was inadequate to hold this heavy art piece. Page 3 of 4 The Applicant has requested that the public art component be eliminated and replaced by a $35,000 payment in-lieu of providing public art. The Applicant previously posted a bond for public art in order to receive occupancy of the constructed units. Site Development Review Condition No. 33 of Resolution 12-08 relates to the conversion of that bond to a cash payment to the City. As the Public Art was to be placed over the existing embellished courtyard paving, this paving is already constructed and, therefore, the elimination of the Public Art component will not leave a deficit in the site plan. Because the public art location and a description of the art piece itself was described in the Stage 2 Development Plan, an Amendment to the Stage 2 Development Plan is necessary. A proposed City Council Ordinance adopting an Amended Stage 2 Development Plan to eliminate the public art location and allow for an in-lieu fee to be paid is included as Attachment 2. CONSISTENCY WITH THE GENERAL PLAN AND ZONING ORDINANCE: The area within the proposed project is designated Mixed Use in the General Plan. The site is zoned PD Mixed Use. Ordinance 22-04 (PA 02-062) approved in 2004 established the Stage I Planned Development zoning and Stage 2 Development Plan which included development standards. The current Stage 2 Development Plan amendment would be consistent with the General Plan land use designation and Planned Development zoning as amended. REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Department, Dublin Police Services and Dublin San Ramon Services District reviewed the project and provided Conditions of Approval where appropriate to ensure that the Project is established in compliance with all local Ordinances and Regulations. Those Conditions are applied to the Site Development Review. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a public notice was mailed to all property owners and occupants within 300 feet of the proposed project to advertise the project and the upcoming public hearing. A public notice was also published in the Valley Times and posted at several locations throughout the City. A copy of this Staff Report was provided to the Applicant. ENVIRONMENTAL REVIEW: On July 20, 2004, the City Council approved a Mitigated Negative Declaration and a Mitigation Monitoring Program for Bancor Properties Tralee Project (Resolution 142-04). This project is a continuation of that original project and is in conformance with the Mitigated Negative Declaration for the original project. ATTACHMENTS: 1. Minutes of the March 13, 2012 Planning Commission meeting. 2. Ordinance adopting a Planned Development Rezone with a Stage 2 Development Plan Amendment to revise the public art requirement for the Tralee Mixed-Use development project Page 4 of 4 F ~.. f ~~ ~x~: ~~ Planning Commission Minutes Tuesday, March 73, 2012 CALL TO ORDER/ROLL CALL A regular meeting of the City of Dublin Planning 2012, in the City Council Chambers located at meeting to order at 7:00:15 PM Commission was held on Tuesday, March 13, 100 Civic Ptaza. Chair Wehrenberg called the Present: Chair Wehrenberg; Vice Chair O'Keefe; Commissioners Schaub, Brown, and Bhuthimethee; Jeff Baker,. Planning Manager; Mike Porto, Consulting Planner; and Debra LeClair, Recording Secretary. Absent: None ADDITIONS OR REVISIONS TO THE AGENDA -NONE MINUTES OF PREVIOUS MEETINGS - On a motion by Cm. Brown, seconded by Cm. O'Keefe, the minutes of the February 14, 2012 meeting were approved. ORAL COMMUNICATIONS - Jody Ramirez, Dublin Corner Barber Shop owner, requested permission for a temporary banner sign. She stated there have been issues over a banner sign for her barbershop that she has used for 3 years. She felt it has become a problem because she can only leave it up far 21 days and then when she takes it down the community doesn't know if the business is still open.. She asked for permission to be able to use her temporary sign until the complex is remodeled at which point she would install a permanent sign. She stated she has had her business in Dublin since 1990 and would like to have some type of identity for her business. Chair Wehrenberg suggested speaking with Jeff Baker, Planning Manager' to arrange for the proper permits. Mr. Baker stated he would be happy to help with her situation and asked her to leave her phone number and he would talk with her to try to resolve the issue. CONSENT CALENDAR -NONE WRITTEN COMMUNICATIONS -NONE PUBLIC HEARINGS - 8.1 PLPA-2011-00049 Tralee Townhomes; Planned Development Rezone Stage 2 Planned Development Amendment to revise the land plan to remove the public art feature and a Site Development Review application for the remaining 53 townhouses which were revised to comply with the current California Building Code as adopted by the City of Dublin Mike Porto, Consulting Planner, presented the project as outlined in the Staff Report. ~~ ~ 6 Cm. Schaub asked what fund the $35,000 in-lieu fee would go in to. Mr. Porto answered into the Public Art Fund. Cm. Schaub was concerned with the look of the building elevations that face Dougherty Rd. and asked Mr. Porto to point them out on the plans. Mr. Porto directed him to Sheet B3-3 which shows the building elevations that face Dougherty Rd. There was a brief discussion regarding the building elevations that face Dougherty Road. Mr. Porto deferred to the Applicant's architect to answer the question. Cm. Schaub was concerned about several issues: 1) tandem parking; 2) enough room for 3 trash cans; 3) being able to see into the. garages; and 4) storage for the units. He realized the project was parked according to a past Zoning Qrdinance which allowed tandem parking. He felt that tandem parking would not accommodate a 3 bedroom condo because the tenants would have more than one car. He would like to have a discussion regarding tandem parking and hopefully not see it in subsequent projects. He asked where the 3 garbage bins will be located. He was also concerned that, without the HOA's ability to see into the garages, they could not control the parking. He suggested having a window panel for each garage door. Mr. Porto stated there will not be 3 trash bins because there will not be yard waste. He stated there will be only 2. Cm. Schaub felt that was a mistake because the green bin is not necessarily only for yard waste. It can be used for food waste as well. Mr. Porto responded that other townhouse developments have only 2 trash bins. He continued that there are 3 bins in the single-family residential developments. Chair Wehrenberg asked where the 2 trash bins will be stored. Mr. Porto directed the Commissioners to Sheet UB-1 of the floor plans which shows the area for the trash bins. He continued the garages are 20'X20' and, adjacent to the powder room, there is a recessed area where the trash bins will fit. He stated if there is a shaded-in shower area on the plans (optional) then the area becomes unusable for trash bins and the bins would have to be stored within the garage. Cm. Schaub felt a 20'X20' garage is not a very large garage. Mr. Porto answered that is the standard size for a garage. Mr. Porto continued to Sheet UB-2 which is the same as UB-1; UC-1 which is the tandem garage; there is a large area to the side and under the stairs that will hold trash bins. Cm. Schaub realized this is a project that has been around for a while but hoped that the trash bin issue would be addressed. He felt the City Council was not aware that there would not be a ~ ~ 3rd bin in these units. He mentioned that he had been a member of the Green Building Committee and that they had specifically wanted all three recycle bins to be included in all projects. Mr. Baker stated he would contact Environmental Services to find out what the policy is and the plans for the future on this issue. Cm. Schaub wanted to discuss tandem parking and asked how much extra parking will be available for this project. Mr. Porto showed a parking chart but first wanted to comment regarding the window panel in the garages. He stated that the Police Department may have concerns regarding this issue. Cm. Schaub felt that most homes in Dublin have a window panel in the garage door and didn't understand their concern. He felt that tandem parking would put the City in the same situation as in other areas of Dublin where there is a parking problem. He felt the City Council struggles with it and this project is the same situation. Mr. Porto showed a slide of the original parking plan for Tralee. He stated the units are on the same space as the original plan and the only difference is the units have been dropped to the ground. He pointed out the area of the project which showed the parking stalls devoted to the area of the townhome units. He discussed the parking requirements for the project. He stated that 10 of the 12 units with tandem parking are Inclusionary units.. He continued that one of the allowances in the Inclusionary Zoning ordinance is to provide a reduced parking ratio for Inclusionary units. He stated that there are 20 parking. spaces along Sierra Lane that were not counted in the required parking count. He stated that, when all the parking is added, there are 28 additional parking- spaces. Cm. Schaub agreed but wanted to see what the plan was. He commented that the parking ordinance is good in theory but felt it doesn't always work. He wanted to review the parking ordinance regarding "reality" versus "theory." Cm. Bhuthimethee mentioned that she had seen residents using their BBQs in the alleys out of the garages and asked if this is an appropriate place to do that. Mr. Porto responded that residents are allowed to grill on patios, yet they just. choose not to. Chair Wehrenberg mentioned that her neighbors grill in the garage because of the wind. Cm. Bhuthimethee felt the outdoor space for the smallest unit is very small. Mr. Porto answered there are some areas in Dublin where grills are not allowed on patios and balconies because the Fire Department has prohibited them; i.e. Elan and Avalon. The residents of Tralee are allowed to put the BBQ on the patio. Chair Wehrenberg opened the public hearing. Patrick Van Ness, Applicant, spoke in favor of the project. He stated the current homeowners are excited to see the project move forward. He felt the project will begin construction sometime in May or June and be completed within 1 year. He wanted to answer the question regarding ~~ui~ ~ _ e 8 the elevation facing Dougherty Road; he stated the brick is laid out so that it will be seen along Dougherty Rd. Chair Wehrenberg asked if they would offer window panels in the garage doors as an option. Mr. Van Ness answered no as none of the other units have garage door windows and it would change the architecture of the project. Regarding tandem garages, he stated all the utilities and streets are in and changing anything would be difficult. He stated that is the reason they came forward with the same plans; the only changes requested are the code updates. Cm. Brown asked if the Applicant's purview included the commercial part of the project. Mr. Van Ness answered that originally Pinn Brothers owned the townhomes and the apartments and they sold the commercial portion to a third party. He continued that, after the reorganization, there are different entities that own the townhomes, the condos and the commercial portion. He has stepped into the role of master developer and has been trying to fix as much as possible of what was left by Pinn. Brothers.. He stated he has been working with the apartment owner and the commercial owner as best as he can. Cm. Brown asked why there are no signs on Dublin Blvd that indicate what is in the center. Mr. Van Ness answered that they have talked to the commercial owner and the apartment owner regarding updating the sign program and will be bringing a Master Sign Program forward at a later date. Cm. Bhuthimethee mentioned there are "tankless" water heaters in the .project and asked if there has been any feedback from residents. Mr. Van Ness answered that overall the owners like the "tankless" water heaters; the only issue was educating the homeowners on how to maintain the water heaters. Chair Wehrenberg asked the architect to address the building elevations facing Dougherty Road. Jeff Potts, Architect, stated that the doors on the utility cabinets always face away from public streets and towards the interior alleys. He stated the right elevations are reversed so it will be the same from both sides of the building facing Dougherty. Regarding the BBQ issue, the patios are now larger and more visible than the raised porches so there should be more room in the patio areas. Chair Wehrenberg closed the public hearing. Cm. Brown stated he can make the findings and likes the general mixed-use of Tralee and felt it is a good project. Cm. O'Keefe stated he can make the findings and felt the street parking on Sierra Lane will reduce any parking problem at this project. He was glad to see the project will be completed. Cm. Bhuthimethee stated she can make the findings, was glad the project is being finished and was pleased to see a project within walking distance to BART and close to the Civic Center. ~'la~~i~s~ ~'s1~?tt~tzds`Za? t ~6arc~ 13, 2f~1 ~ga~~xr?~fe~ti~rc~ 4 Cm. Schaub stated he can make the findings and was OK with the elimination of the public art element. He felt it was interesting that there are other mixed-use projects that have not been as successful but this area has been very successful because of the visibility from Dublin Blvd. He was glad the project will be completed. Chair Wehrenberg stated she can make the findings, felt it is a great project, likes the architecture, the ingenuity used to meet the codes, and felt it all blends in well. She also supported eliminating the public art portion with an in-lieu fee. On a motion by Cm. Schaub and seconded by Cm. Bhuthimethee, on a vote of 5-0, the Planning Commission unanimously adopted: RESOLUTION NO. 12- 07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A PLANNED DEVELOPMENT REZONE WITH A STAGE 2 DEVELOPMENT PLAN AMENDMENT TO REVISE THE PUBLIC ART REQUIREMENT FOR THE TRALEE MIXED-USE DEVELOPMENT PROJECT RESOLUTION NO. 12 - 08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING SITE DEVELOPMENT REVIEW FOR 53 TOWNHOMES AT TRALEE LOCATED AT 6599 DUBLIN BOULEVARD (941-2831-003, 004, 057) NEW OR UNFINISHED BUSINESS -NONE OTHER BUSINESS -NONE 10.1 Brief INFORMATION ONLY reports from the Planning Commission and/or Staff, including Committee Reports and Reports by the Planning Commission related to meetings attended at City Expense (AB 1234). 10.2 Cm. O'Keefe asked about the Furniture Warehouse "going out of business" signs and the cars that are being driving around the City and asked if they are actually going out of business. Mr. Baker stated that the City has spoken with the business owner and he indicated that they are genuinely going out of business. ~~ 10 10.3 Cm. O'Keefe asked about Sahara Market's expansion. Cm. Schaub mentioned they were supposed to restripe the parking lot. Mr. Baker responded that there was no requirement to restripe. They are required to have a certain number of spaces and if they wanted to add more they will have to restripe. The property owner decided not to add additional spaces at this time. 10.4 Chair Wehrenberg asked about REI. Mr. Baker stated the City Manager is sending a letter to the property owner regarding the outstanding issues. He stated they have not addressed the sign issue as well as other building related issues in order to obtain their final building inspection. They are operating under a temporary occupancy and the City is withholding the final until all the outstanding issues are resolved. He stated there is a Limited time to the temporary occupancy. 10.5 Chair Wehrenberg wanted to remind the commissioners that they are allowed to meet with Applicants but will need to disclose that information. She continued that they are not representing the Commission. She cautioned about giving opinions because it would be their own personal opinion and not the Commission's. Mr. Baker stated that, on Monday, he sent the Commission a copy of the Ex Parte Communications policy which addresses the issue. Ex Parte communications are not allowed for quasi-judicial proceedings and further explained the meaning. There was a brief discussion regarding speaking with Applicants and the possibility for problems. ADJOURNMENT -The meeting was adjourned at 7:45:09 PM ATTEST: Jeff Baker Planning Manager Respectfully sub ed, Doreen Wehren ~- Chair Planning fission G:IMINUTES120121PLANNING COMMISSION103.13.12 FINRL PC MINUTES.doc ~~;u~r~ ;,.~, # 11 ORDINANCE NO. xx-12 AN ORDINANCE OF THE CITY OF DUBLIN ************************* APPROVING A PLANNED DEVELOPMENT REZONE WITH A STAGE 2 DEVELOPMENT PLAN AMENDMENT TO REVISE THE PUBLIC ART REQUIREMENT FOR THE TRALEE MIXED-USE DEVELOPMENT PROJECT PLPA 2011-00049 The Dublin City Council does ordain as follows: SECTION 1: Findings A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows. 1. The Tralee PD-Planned Development zoning, as amended, continues to meet the purpose and intent of Chapter 8.32 in that it provides a comprehensive development plan that creates a desirable use of land that is sensitive to surrounding land uses by virtue of the layout and design of the site plan, and uses creative design and a mix of complementary uses to establish the project as a focal point for the area. 2. Development of the Tralee Project under the PD-Planned Development zoning, as amended, will continue to be harmonious and compatible with existing and future development in the surrounding area in that the retail/office and medium-high density use of the site would utilize the close proximity of I-580 freeway and adjacent to public roadways. The land uses and site plan provide effective transitions to the surrounding development of retail/office and residential. B. Pursuant to Sections 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as follows. 1. The proposed PD-Planned Development zoning for the Tralee Project will continue to be harmonious and compatible with existing and potential development in the surrounding area in that the mixed-use would provide effective transitions to the surrounding development including retail/office uses and multi-family residential uses. 2. The Site is relatively flat, with existing infrastructure (including roads, sewer, storm drain, potable water, natural gas, and electricity) located immediately adjacent to the site with no major or unusual physical or topographic constraints and thus is physically suitable for the type and intensity of the proposed PD-Planned Development district. The amended PD zoning will remove the public art location onsite but will not otherwise affect the physical development of the project or site. 3. The proposed PD-Planned Development zoning 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 in that the project will comply with all applicable development regulations and standards and will implement all adopted mitigation measures. 4. The PD-Planned Development zoning is consistent with the Dublin General Plan as approved by Resolution 144-04 on July 20, 2004 and this amendment does not alter the land uses in the General Plan or approved PD-Development Plan zoning approved through Ordinance 22-04 on August 3, 2004 except for the placement of Public Art reflected in the proposed PD-Planned Development district. C. Pursuant to the California Environmental Quality Act, the City Council adopted a Mitigated Negative Declaration (MND) for the Tralee Project and a mitigation monitoring plan in Resolution 142-04 on July 20, 2004, as required to support approval of the project, including approval of the PD-Planning Development zoning. The proposed PD-zoning amendment is not a substantial change to the project analyzed in the adopted MND and no further environmental review is required. D. All existing elements contained in Ordinance 22-04, adopted by the City Council on August 3, 2004, hereby remain in place and are unchanged except that new paragraph 19 is hereby added to Ordinance 22-04, Section 3, "Stage 1 and 2 Development Plan for Tralee" as set forth below relative to Public Art. "19. Public Art: The location of the Public Art as originally shown on the approved Stage 2 Development Plan is here by deleted and in-lieu of providing the Public Art the Applicant/Developer shall pay the City of Dublin a cash payment of $35,000. ,. ~. . o. I _. ., ~~~, Public Art '-~.~; ~ Removed ` ~~ ;~ ~ SECTION 4. I ~ ' ~ ,..~ ,~_, ,... _ ~ .. _, „~ - , ~,, r ~'~, ,r The City Clerk of the City of Dublin shall cause this 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. 2 SECTION 5. This ordinance shall take effect and be enforced thirty (30) days from and after its passage. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this _ of 2012, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\PA#\2011\PLPA-2011-00049 Tralee Rezone (Public Art)\Ordinance.doc 3