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HomeMy WebLinkAboutOrd 26-99 Archstone RezoneORDINANCE NO. 26 - 99 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING MAP TO REZONE PROPERTY LOCATED ON THE EAST SIDE OF DOUGHERTY ROAD AND NORTH OF HOUSTON PLACE (APN 941-550-5-1) TO A PLANNED DEVELOPMENT ZONING DISTRICT ESTABLISH GENERAL PROVISIONS AND ADOPT A DEVELOPMENT PLAN FOR PA 99-019, ARCHSTONE COMMUNITIES APARTMENT PROJECT WHEREAS, Archstone Communities has requested approval of a Planned Development Rezoning District to establish General Provisions and Development Regulations for a residential development consisting of 177 apartment units on approximately 7.39 acres of land gen6rally located on the east side of Dougherty Road north of Houston Place (APN 941-550-5-1); and WHEREAS, Archstone Communities has submitted a completed application for a Planned Development Rezone and a Stage 1 and Stage 2 Development Plan as required by Chapter 8.32 of Title 8 of the Dublin Municipal Code which meets the requirements of said Chapter; and WHEREAS, the site will be rezoned from Planned District (Zoning Unit 1411) to a Planned Development Multi-Family Residential Zoning District; and WHEREAS, a Mitigated Negative Declaration has been adopted for this project with the finding that with the implementation of mitigation measures contained in the Initial Study, there will be no significant environmental impacts; and WHEREAS, the Planning Commission did hold a public hearing on said application on October 26, 1999, with proper notice of said hearing given in all respects as required by law; and WHEREAS, the Planning Commission has recommended approval of the Planned Development Rezone and the Development Plan for PA 99-019; and WHEREAS, the City Council held a public hearing introducing said ordinance on November 2, 1999, with proper notice of said hearing given; and WHEREAS, the City Council continued the public hearing of said ordinance on November 16, 1999 for a second reading, with proper notice of said hearing given; and " WHEREAS, pursuant to Sections 8.32.070 and 8.120.050 of the Dublin Municipal Code, the City Council makes the following findings: 1. The proposed Planned Development Zoning meets the intent and purpose of Chapter 8.32 of the Zoning Ordinance because it provides a comprehensive Development Plan which will create a more desirable use of land than would have been provided under existing zoning or in combination with any other existing Zoning District. Additionally, the Planned Development will create an environment that is sensitive to environmental features by virtue of the site layout and building architecture. The proposed Development Plan is also consistent with the General Plan land use category of Medium-High Density Residential. The Development Plan has a density of 24 units per acre, which is consistent and wkh the Medium-High Density Residential density cap of 25 dwellings per acre. 2. The subject site is physically suitable for the type and intensity of the PD Multi-Family Zoning District because it is a relatively level vacant site, of sufficient size to accommodate the proposed project, and is near all necessary public facilities. 3. Development under the Planned Development District Development Plan will be harmonious and compatible wi~h existing and future development in the surrounding area. 4. 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 or welfare because the Development Plan has been designed in accord with the Dublin General Plan and mitigation measures contained in the Mitigated Negative Declaration. WHEREAS, the City Council did hear and use its independent judgment and consider all reports, recommendations and testimony hereinabove set forth.. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: SECTION 1: . ~.- .. Pursuant to Chapter 8.32 of the City of Dublin Municipal Code, the City of Dublin Zoning Map is amended to rezone the following property ("Property") to a Planned Development Zoning District:: Approximately 7.39 acres of land generally located on the east side of Dougherty Road and the north of Houston Place specifically described as Assessor's Parcel Number 941-550-5-1. A map of the Property is shown below: . '. ' · ~ ~x~ . ~ - ~ 'o ~ a, ~'~ "h'~' :-':'.'.il... . ..( . :~ . . . .. '......., . SECTION 2 The regulations of the use, development, improvement and maintenance of the Property are set forth in the Development Plan (Exhibit A, hereto) which is hereby approved. Any amendments to the Development Plan shall be in accord with Section 8.32.080 of the Dublin Municipal Code or its successors. SECTION 3. Except as provided in the Development Plan, the use, development, improvement and maintenance of Property shall be governed by the provisions of the R-M Zoning District. SECTION 4 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. NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby approve a Planned Development Rezoning, including the following General Provisions and Development Standards PA 99-019, Archstone Communities Apartments, which constitute regulations for the use and improvements for 7.39 acres generally described as APN 941-550-5-1. PASSED, APPROVED and ADOPTED this 16th day of November, 1999 by the following votes: AYES: Councilmembers Howard and McCormick and Mayor Pro Tempore Lockhart NOES: None ABSENT: Councilmember Zika and Mayor Houston ABSTAIN: None ~ ~tyi ~lerk /t -Mayor'~ro~e~pore ~ K2/G/11-16-99/ord-archstone-final. doc GENERAL PROVISIONS AND DEVELOPMENT STANDARDS GENERAL PROVISIONS Ao Purpose This approval is for a Planned Development (PD) District for PA 99-019, Archstone Communities Apartments. This PD District Rezone includes a Land Use .and Development Plan, which is represented by materials labeled Attachment A, stamped "approved" and on file in the Dublin Planning Department, which includes a Site Plan and Elevations prepared by Burke, Architecture, dated Received August 25, 1999, and a Preliminary Landscape Plan prepared by Land Architecture, and a Preliminary Grading and Utility Plan, prepared by Ruggeri-Jensen and Associates, dated received August 25, 1999, for PA 99-019, which constitute regulations for the use and improvements of an 7.39 acre parcel generally described as APN 941-550- 5-1. The PD District allows the flexibility needed to encourage innovative development while ensuring that the goals, policies and action programs of the General Plan are implemented. B° Dublin Zoning Ordinance-Applicable Requirements Unless as specifically modified by the provisions of the PD District rezone, all applicable and general requirements and procedures of the Dublin Zoning Ordinance and the R-M Zoning District shall apply to the PD Multiple Family Residential designated lands in the PD District. C. General Provisions and Development Standards Intent: This Planned Development is to be established to provide for and regulate the development of the Archstone Communities Apartments project. Development shall be generally consistent with the Land Use Development Plan. This approval rezones 7.39 acres of land currently zoned Planned Development (PD)-Zoning Unit 1411 to Planned Development (PD)-Multi- Family. 2. PD Multi-Family Residential Permitted Uses: The following principal uses are permitted in the PD Multi- family Family Residential District: A. Residential development limited to: o Apartments, condominiums and townhouses Private recreational facilities associated with a multi-family development Prohibited Uses: The following uses are prohibited in the PD Multi-family Residential District: EXHIBIT 1. Field crops 2. Orchards 3. Plant Nurseries Conditional Uses: All conditional uses in the R-M Zoning District are conditional uses in the PD Multi-family Residential District with the exception of the prohibited uses listed above. 3. Setbacks and Yards Development Standards: Development standards within the PD Multi-family District are as follows: Development Standard PD Multi-family District Building Site Per Land Use and Development Plan Yards/Setbacks Front 15 feet (may include required noise barrier) Rear Side 20 feet 10 feet Building Height 40 feet Lot Coverage Per Land Use and Development Plan tl PIIOJEC! COVEI~AOE [IUMMAI~¥ iOIAL till Pill AlP I l II AC I Il.Ill I f II~!ll ItRIYAI! 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