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Home My WebLink About6.3 Enea Place Amending Zoning 4KO- v AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 27, 1987 SUBJECT: PA 87-018 Enea Plaza - Planned Development Rezoning request to rezone approximately 5 0 acres to allow for a range of retail shopper, office, personal service and financial uses within a new three building - 42,000+ square foot single story retail complex. EXHIBITS ATTACHED: A - Draft Ordinance amending Zoning Ordinance Background Attachments: 1 - City Council Resolution approving Planned Development (PD) Rezoning RECOMMENDATION: 1 - Open public hearing and hear Staff presentation. 2 - Take testimony from Applicant and the public. 3 - Question Staff, Applicant and the public. 4 - Close public hearing and deliberate. 5 - Waive second reading and adopt Ordinance. FINANCIAL STATEMENT: The potential fiscal effect of the project was discussed in the City Council Staff Report of June 22, 1987. DESCRIPTION: On June 22, 1987, the City Council clarified the condition regarding a road parallel to Dublin Boulevard, adopted a Resolution approving the Enea Plaza - PD, Planned Development Rezoning request, and introduced an Ordinance amending the Zoning Ordinance. The application involves approximately 5..0 acres and rezones the property to allow a range of retail shopper, office, personal service and financial uses. The requested PD, Planned Development District designation amends the existing PD, Planned Development District applied by Alameda County (1464th Zoning Unit) which allowed C-01 Administrative Office District uses and a limited range of C-1, Retail Business District uses. Staff recommends that the City Council waive the second reading and adopt the Ordinance (Exhibit A) . ------------------------------------------------------------------------------ / COPIES TO: Applicant/Owner ITEM N0. CO File PA 87-018 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING ORDINANCE TO PERMIT _ THE REZONING, OF REAL PROPERTY LOCATED AT THE SOUTHEAST AND SOUTHWEST `.. CORNERS OF- THE" INTERSECTION OF• AMADOR PLAZA ROAD•WAND DUBLIN BOULEVARD ' _ --------------------------------------------------------------------------- The City Council of the City of Dublin does ordain as follows: Section 1 Chapter 2 of Title 8 of the Dublin Ordinance Code is hereby amended in the following manner: Approximately 5.0 acres generally located at the southeast and southwest corners of the intersection of Amador Plaza Road and Dublin Boulevard, more specifically described as Assessor's Parcel Number 941-1500-038-1 and the northerly 2.78+ acre portion of the 5.83+ parcel identified as Assessor's Parcel Number of 941-1500-040, are hereby rezoned from PD (1464th Zoning Unit) to a PD, Planned Development District; and PA 87-018 Enea Plaza, as shown on Exhibit A (Negative Declaration of Environmental Significance) and Exhibit B (Approval, Findings and General Provisions of the PD, Planned Development Rezoning) on file with the City of Dublin Planning Department, are hereby adopted as regulations for the future use, improvement, and maintenance of the property within this District. A map depicting the rezoning area allowing a range of retail shopper, office, personal service and financial uses is outlined below: C-2 C-2-9-40 PD PD I ' ,`\ \\ •1391 Z.U. A.C. Ord.\o. 81-71 ouauN 4 i Z.U. 1 •� ` 5'CRTS !� Or • 'C). 8.1 A GRCUNOS —� M-1 C -- ----- cce 0it0 NO -87 N81-aid Section 2 This Ordinance shall take effect and be enforced thirty (30) days from and after its passage. Before the expiration of fifteen (15) days after its passage, it shall be published once, with the names of the Councilmembers voting for and against the same, in The Herald, a newspaper published in Alameda County and available in the City of Dublin. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 27th day of July, 1987 , by the following votes: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk a elm bmm `E142XH "oil RESOLUTION NO. 41 - 87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ------------------------------------------------------------------------------ APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A PD, PLANNED DEVELOPMENT REZONING CONCERNING PA 87-018, ENEA PLAZA PD, PLANNED DEVELOPMENT REZONING APPLICATION WHEREAS, Robert Enea, representing John & Sal Enea, filed an application to rezone approximately 5.0 acres from a PD, Planned Development District allowing C-0, Administrative Office District uses and a limited range of compatible C-1, Retail Business District uses to a new PD, Planned Development District allowing a range of retail shopper, office, personal service and financial uses, involving Parcels A, B, and a portion of C of Parcel Map of 2922; and WHEREAS, the Planning Commission did hold a series of public hearings on said application concluding with a hearing on May 4, 1987, at which time the Planning Commission adopted Resolution No. 87 - 029, recommending approval of the PD, Planned Development Rezoning request for PA 87-018; and WHEREAS, the City Council did hold public hearings on said request on May 26, 1987, June 8, 1987, and June 22 1987; and WHEREAS, proper notice of said public hearings was given in all respects as required by law; and WHEREAS, the Staff report was submitted recommending that the request be approved subject to Conditions prepared by Staff and reflected in Planning Commission Resolution No. 87 - 029; and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and a Negative Declaration of Environmental Significance has been adopted (City Council Resolution Resolution No. 40 - 87) for this project, as it will have no significant effect on the environment; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony herein above set forth; and WHEREAS, the rezoning is appropriate for the subject property in terms of being compatible to existing and proposed land uses and conforming to the underlying land use designation and it will not overburden public services; and WHEREAS, the rezoning will not have a substantial adverse affect on health or safety or be substantially detrimental to the public welfare or be injurious to property or public improvement; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby approve the PD, Planned Development Rezoning request subject to the following conditions: 1) The PD, Planned Development District' s development shall substantially conform to materials from the City Council Staff Report dated May 8, 1987, labeled Exhibit D, and Attachments 2 and 3, on file with the Dublin Planning Department. "T -,ATTAC"Mo"' 2) The PD, Planned Development District' s development shall substantially conform with the Site Development Review request approval granted under PA r '86-071 'or 'a''new -Site Development Review' shall be':•processed'for' each'phase` of development of the PD, Planned Development District. 3) Any new Site Development Review and/or Conditional Use Permit request processed for this PD, Planned Development District may modify the pad locations, circulation system, architectural design, landscaping plan, floor area, and other related design items if it is found to be in the best interest of the City to do so. 4) Uses within this PD, Planned Development District shall substantially comply with the Applicant's listing of retail shopper, office, personal service, and financial uses from the Planning Commission Staff Report dated April 6, 1987 labeled Attachment 2 on file with the Dublin Planning Department. 5) The Developer shall dedicate and fully improve the segment of the proposed road parallel to Dublin Boulevard which passes through the southern portion of APN 941-1500-040. This proposed road has been identified as needed for the buildout of the downtown area in the Draft Dublin Downtown Specific Plan (including the buildout of this property) . The new roadway is to run between Amador Plaza Road in this project, westward to Regional Street, and is to be located south of the retail complex currently under construction. The exact location and width will be determined by the City through further detailed studies. The timing of this dedication and the improvements shall be as follow: a) , At such time as the future development of any portion of the southerly portion of the parcel through which this road is proposed to pass is approved by the City, the Developer shall dedicate the right-of-way and construct the road improvements; or, in the alternative, the Developer shall dedicate the right-of-way and provide to the City security in an amount and form approved by the City guaranteeing such construction at such time as the remainder of the proposed street is to be constructed by others. b) If prior to the future development of any portion of the southerly portion of the parcel through which this road is proposed to pass, the remainder of the proposed street is to be constructed by others, the Developer shall at that time dedicate the right-of-way and construct the road improvements. C) Prior to and as a further condition of this rezoning, the Developer and the City shall enter into an agreement embodying the above conditions and guaranteeing construction by the Developer of the improvements mentioned herein. d) These conditions shall be recorded in the Office of the Recorder of Alameda County by the Developer. 6) Except as specifically modified by the above listed Conditions of Approval, development and operation of land use activities within this PD, Planned Development District shall be subject to the guidelines of the C-1, Retail Business District of the City of Dublin Zoning Ordinance as regards both land use restrictions and minimum/maximum development criteria. -2- v • 7) The Developer is advised of the potential future application of a Downtown Over.lay,.Zoning ;D.i,str.i ,t, over-:the-subJect..pr-oper.ty-reflecting,-,therCoals.;•-,L=,�,.":. Objectives and Implementation Policies of the Dublin Downtown 'Specific Plan. PASSED, APPROVED AND ADOPTED this 22nd day of June, 1987. AYES: Councilmembers Hegarty, Snyder, Vonheeder and Mayor Jeffery NOES: Councilmember Moffatt ABSENT: None , May ATTEST: City Clerk -3-