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Home My WebLink AboutPC Reso 13-26 Iron Horse Linear Park Rezone w/Stg1&2 PD RESOLUTION NO. 13-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE REZONING 12.13 ACRES OF FORMER UNION PACIFIC RAILROAD RIGHT-OF-WAY ADJACENT TO THE IRON HORSE REGIONAL TRAIL TO A PLANNED DEVELOPMENT ZONING DISTRICT AND APPROVE THE RELATED STAGE 1 AND 2 DEVELOPMENT PLAN FOR THE IRON HORSE NATURE PARK AND OPEN SPACE PROJECT APN 941-2768-006-02, PLPA-2013-00044 WHEREAS, the City Council has entered into a Purchase and Sale Agreement to acquire approximately 12.13 acres of land from Union Pacific Railroad with the intent of developing a public park; and WHEREAS, Zone 7 Water Agency owns approximately 22.8 acres adjacent to the proposed future park site that may be restored for and enhanced for open space and stream corridor uses; and WHEREAS, the implementation of the future park project requires a companion General Plan Amendment to re-designate the proposed park site from having no General Plan land use designation to Parks/Public Recreation and to re-designate the Zone 7 parcels from having a split General Plan land use designation of Undesignated/Stream Corridor to Open Space/Stream Corridor; and WHEREAS, the implementation of the future park project requires that the park site be rezoned from "Unclassified" to "Planned Development" while the Zone 7 parcels did not require any rezoning action; and WHEREAS, in accordance with the California Environmental Quality Act certain projects are required to be reviewed for environmental impacts and when applicable, environmental documents prepared; and WHEREAS, the Planning Commission held a properly noticed public hearing on the General Plan Amendment and Planned Development Rezone on September 10, 2013 at which time all interested parties had the opportunity to be heard; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission adopt a resolution recommending that the City Council adopt a Resolution approving a General Plan Amendment and an ordinance rezoning 12.13 acres of Union Pacific Railroad right-of-way adjacent to the Iron Horse Regional Trail to a Planned Development Zoning District and approve the related Stage 1/2 Development Plan for the Iron Horse Nature Park and Open Space Project; and WHEREAS, on September 10, 2013, following the public hearing, the Planning Commission adopted Resolution 13-24, incorporated herein by reference, recommending that the City Council adopt a Mitigated Negative Declaration for the General Plan Amendment and PD rezoning; and adopted Resolution 13-25, incorporated herein by reference, recommending that the City Council approve the General Plan Amendment; and WHEREAS, the Planning Commission did review and consider the Stage 1 and 2 Development Plan, Initial Study/Mitigated Negative Declaration, all said reports, recommendations and testimony herein above set forth and used its independent judgment prior to making a recommendation on the Project. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby adopt a Resolution recommending that the City Council adopt an ordinance (Attached as Exhibit A) rezoning 12.13 acres of former Union Pacific Railroad right-of-way adjacent to the Iron Horse Regional Trail to a Planned Development Zoning District and approve the related Stage 1/2 Development Plan for the Iron Horse Nature Park and Open Space Project, based on findings, including but not limited to, that the Planned Development zoning and project as a whole is consistent and in conformance with the General Plan as proposed, is consistent with the purpose and intent of the Planned Development zoning district, and that development of the Iron Horse Nature Park and Open Space Project will be harmonious and compatible with existing and future development in the surrounding area. PASSED, APPROVED, AND ADOPTED this 10th day of September 2013 by the following vote: AYES: O'Keefe, Bhuthimethee, Goel, Kohli NOES: ABSENT: Do ABSTAIN: 7�aYZ3 PI ing Commission Chair ATTEST: Assist nt ommunity Development Director G:IPLPA-2013-00044 Iron Horse Park GPAIPC Mtg 09.10.2013IAtt 3 PC Reso Ord.doc ORDINANCE NO. XX— 13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING THE ZONING MAP TO REZONE 12.13 ACRES OF FORMER UNION PACIFIC RAILROAD RIGHT-OF-WAY ADJACENT TO THE IRON HORSE REGIONAL TRAIL TO A PLANNED DEVELOPMENT ZONING DISTRICT AND APPROVING THE RELATED STAGE 1 AND 2 DEVELOPMENT PLAN FOR THE IRON HORSE NATURE PARK AND OPEN SPACE PROJECT APN 941-2768-006-02, PLPA-2013-00044 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 Iron Horse Nature Park and Open Space Project ("the Project") PD-Planned Development zoning meets 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. 2. Development of the Iron Horse Nature Park and Open Space Project under the PD- Planned Development zoning will be harmonious and compatible with existing and future development in the surrounding area in that the site will provide new recreational and open space opportunities for residents in the vicinity and will also help the City maintain the established ratio of five acres of parkland for every 1,000 residents. B. Pursuant to Sections 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as follows. 1. The PD-Planned Development zoning for the Iron Horse Nature Park and Open Space Project will be harmonious and compatible with existing and potential development in the surrounding area in that the Conceptual Park Master Plan has taken into account sensitive adjacencies and will provide a wide range of amenities to the surrounding neighborhoods. 2. The project site conditions were documented in the Initial Study/Mitigated Negative Declaration and those site challenges that were identified can be designed around as reflected in the adopted mitigation measures so as to not have them present an impediment to utilization of the site for public purposes. There are no major physical or topographic constraints and thus the site is physically suitable for the type and intensity of the Iron Horse Nature Park and Open Space Project approved through the PD zoning. 3. The 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 1 EXHIBIT A TO ATTACHMENT 4 • i Milk so- ♦ ♦, sr a s / k 1 1111 lav .7 •►•n►AQk llo, ri tires C''"' r �la10:.451/■kal iiiiiil!f i G#.a/ C� a11k11;�\ rV, ♦ ►.Ir•ice, r vu /■/rr /1►/1 ,11111111«-#{►D �� II�Ilsi ./ ■ ��!�ln+ l�. :ar 11► 1i►*as*1'i�st•�ri�s,`�I♦ir�� rh#, ♦a«` r •�.f■1 • . s• 11N► �a ♦ r a,rs#r .► I Za r■' 1,, • . rar r rlt ar,a{{# O ♦j' # I♦ ♦ I 1r 41## '04's _r �."Fle,,1+,,,••111,, eel rr rr,r 1/ ■� :A '�,•#M ..� ,�" i 1111�Itf,-,r A.r� �� SECTION 3. The regulations for the use, development, improvement, and maintenance of the Property are set forth in the following Stage 1/2 Development Plan for the Project area, which is hereby approved. Any amendments to the Stage 1/2 Development Plan shall be in accordance with section 8.32.080 of the Dublin Municipal Code or its successors. Stage 1/2 Development Plan for the Iron Horse Nature Park and Open Space Project This is a Stage 1 and 2 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance. This Development Plan meets all the requirements for both a Stage 1 and Stage 2 Development Plan and is adopted as part of the PD-Planned Development rezoning for the Iron Horse Nature Park and Open Space Project, PLPA-2013-00044. The PD-Planned Development District and this Stage 1/2 Development Plan provides flexibility to encourage innovative development while ensuring that the goals, policies, and action programs of the General Plan and provisions of Chapter 8.32 of the Zoning Ordinance are satisfied. 1. Zoning. The Zoning for the subject property is PD-Planned Development (PLPA-2013- 00044). 2. Statement of Permitted Uses. The permitted uses include a public park with a mix of low- intensity, passive recreation uses near existing residential areas with a few nodes of more active uses at key locations, public open space, stream corridor, and a regional multi-use trail. 3. Stage 1 and 2 Site Plan. The Conceptual Park Master Plan (serving as the Stage 1 and 2 Site Plan) is a schematic depiction of the location of the proposed uses on the site. Minor adjustments and refinements to the Conceptual Park Master Plan are permitted once the project moves forward to a final park design (Final Preferred Iron Horse Nature Park and Open Space Master Plan), site improvement plans, and construction drawings, but the final design must be in substantial conformance with the Stage 1 and 2 Site Plan. 4. Site area, proposed densities, and development regulations. The total site area for the Planned Development Zoning District is 12.13 acres. Development of buildings that are appropriate to a public park are allowed in accordance with the citywide Parks and Recreation Master Plan and the Park Master Plan for this site. 5. Phasing Plan. The future 12.13 acre park site is expected to be graded, improved, and constructed as a whole, but the proposed project is not currently in the five-year Capital Improvement Program budget. 6. Master Neighborhood Landscaping Plan. Not applicable. 7. Consistency with General Plan and any applicable Specific Plan. The proposed project is consistent with the General Plan (as amended). 8. Inclusionary Zoning Regulations. The Inclusionary Zoning Regulations do not regulate non-residential projects, so therefore this is not applicable. 9. Aerial Photo. An aerial photo is on file. 10.Architectural Standards. Any future building shall be designed to be compatible with the main use of the project area as a public park and shall be designed in accordance 3 with the citywide Parks and Recreation Master Plan and the Conceptual Park Master Plan for this site. 11.Development Standards. Any future development on the project site shall be designed in accordance with the citywide Parks and Recreation Master Plan and the Conceptual Park Master Plan for this site. 12.Preliminary Landscape Plan. Because this is a future park site, the Site Plan and Preliminary Landscape Plan are the same exhibit. 13.Compliance with adopted Mitigation Measures. Development of the park shall comply with all applicable action programs and mitigation measures of the Iron Horse Nature Park and Open Space Project Mitigation Monitoring and Reporting Program. 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. 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 day of 2013, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 4