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HomeMy WebLinkAboutItem 4.4 Tralee Public Art Req~~~~ Off' nU~~~ /ii ~ 111 L~~ - ~ ~~~ DATE: May 1, 2012 TO: FROM: STAFF REPORT CITY COUNCIL CITY CLERK File #450-30 Honorable Mayor and City Councilmembers ~~ Joni Pattillo, City Manager ° ~' SUBJECT: Tralee Townhomes Planned Development Rezone Stage 2 Development Plan Amendment to revise the public art requirement Prepared by Mike Porto, Consulting Planner EXECUTIVE SUMMARY: The City Council will hold a second reading of an Ordinance adopting a Planned Development Rezone Stage 2 Development Plan Amendment to revise the land plan to remove the public art feature. 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 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. 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 waive the reading and 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. ~ ~ ~~ ~ . ~a~..~ ~~°. ., _ ~.~_ Submitted By Reviewed By Director of Community Development Assistant City Manager Page 1 of 3 ITEM NO. 4.4 DESCRIPTION Stage 2 Development Plan At their meeting of April 17, 2012, the City Council held a Public Hearing, waived the reading and introduced an Ordinance to amend the Tralee Planned Development related to public art (Attachment 1). 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: Pinn Brothers, the original developer of Tralee, proposed the public art piece valued at $35,000, 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. 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 embellish 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 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. Page 2 of 3 ATTACHMENTS: 1. City Council Staff Report, Item 6.5 dated April 17, 2012. 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 3 of 3 ~~~~ 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 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 Attachment 2 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 Attachment 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 GIPA#120111PLPA-2011-00049 Tra/ee Rezone (Public Art)ICC Mtg 5.1.12 2nd ReadinglAttch 2 CC PD Ordinance.doc 3 Attachment 2