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HomeMy WebLinkAboutAttach 3 ResoRecomAdoptRezoning RESOLUTION NO. 04- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE REZONING THE BANCOR PROPERTIES TRALEE MIXED-USE DEVELOPMENT PROJECT TO PD-PLANNED DEVELOPMENT AND ADOPTING RELATED STAGE 1 AND STAGE 2 DEVELOPMENT PLANS (PA 02-062) WHEREAS, Bancor Properties (Applicant/property owner) has requested a General Plan Amendment to change the land use designation to Mixed-use -and a PD rezoning with Stage 1 and Stage 2 Development Plans for the entire Tralee site for development of 233 medium-high density dwelling units and up to 34,950 sq. ft. of retail office building space, and related parking area, which applications are on file in the Planning Division; and WHEREAS, the Tralee property consists of approximately 10.61 acres generally located north of Dublin Boulevard and west of Dougherty Road, APN#941-0205-009-08, in the Dublin General Plan area; and WHEREAS, an Initial Study has been prepared to analyze the potential impacts of the project pursuant to CEQA Guidelines Section 15063. Based on the Initial Study, a Mitigated Negative Declaration and Mitigated Monitoring Program have been prepared for the project with the finding that with the implementation of Mitigation Measures contained in the Initial Study, the potential impacts of the project would be reduced to a level of insignificance. The Planning Commission recommended approval of the Mitigated Negative Declaration and adoption of the Mitigation Monitoring Program by Resolution on June 22, 2004; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on the project on June 22, 2004; and WHEREAS, a Staff Report was submitted analyzing the project and recommending approval of the applications; and WHEREAS, the Planning Commission considered the Mitigated Negative Declaration for the project before making a recommendation on the project. The Planning Commission further used their independent judgment and considered all reports, recommendations and testimony before 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 pursuant to sections 8.32.070 and 8.120.050 of the Dublin Municipal Code, the Planning Commission hereby finds as follows. ATTACHMENT 1. The Tralee 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, 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 will be harmonious and compatible with existing and future development in the surrounding area in that the retail use of the site would utilize the existing roads that surround the property. The land uses and site plan provide effective transitions to the surrounding development of retail, office and industrial uses. 3. The Site is a 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. 4. 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. 5. The PD-Planned Development zoning is consistent with the Dublin General Plan in that the project includes companion amendments to the general plan which amendments are recommended for approval to the City Council in Resolutions XX-04 on May 13, 2004, and XX-04 on June 22, 2004, and which amendments proposed the land uses reflected in the proposed PD-Planned Development district. BE IT FURTHER RESOLVED that the Planning Commission hereby recommends that the City Council adopt the attached Ordinance for a PD rezoning (Exhibit A) with related Stage 1 and Stage 2 Developtnent Plans for development of the entire Tralee Site. PASSED, APPROVED AND ADOPTED this 22"d day of June, 2004. AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager G:\PA#\2002\02-062 Bancor Pak-n-Save-Tralee\Tralee. PDreso.doc ORDINANCE NO. xx-04 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING MAP TO REZONE PROPERTY AND APPROVING A RELATED STAGE 1 AND 2 DEVELOPMENT PLAN FOR THE TRALEE PROJECT PA 02-062 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 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, 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 will 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 1-580 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 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 a 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. 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 in that the project includes companion amendments that were approved by the City Council in Resolution XX-04 on ,2004, and which amendments proposed the land uses and development plan- reflected in the proposed PD-Planned Development district. 1 EXHIBIT C. Pursuant to the California Environmental Quality Act, the City Council adopted a Mitigated Negative Declaration for the Project and a mitigation monitoring plan in Resolution XX-04 on __, 2004, as required to support approval of the project, including approval of the PD-Planning Development zoning. SECTION 2: Pursuant to Chapter 8.32, Title 8 of the Dublin Municipal Code, the City of Dubtin Zoning Map is amended to rezone the following property ('the Property") to a Planned Development (PD) Zoning District: Approximately 10.61 acres on north side of Dublin Boulevard and west side of Dougherty Road known as the Tralee Project and more specifically described as APN#941-0205-009-08 ("the Property"). A map of the rezoning area is shown below: SECTION 3. The regulations for the use, development, improvement, and maintenance of the Property are set forth in the following Stage 1 and 2 Development Plan for the Project area, which is hereby approved. Any amendments to the Stage 1 and 2 Development Plan shall be in accordance with section 8.32.080 of the Dublin Municipal Code or its successors. Stage 1 and 2 Development Plan for Tralee 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 a Stage 1 and 2 Development Plan and is adopted as part of the PD-Planned Development rezoning for the Tralee, PA 02-062. The Stage 1 and 2 Development Plan consists of the items and plans identified below, many of which are contained in the document entitled "Exhibit A-1 (project ~lans)", dated June, 2004 which is incorporated herein by reference. The PD-Planned Development District and this Stage 1 and 2 Development Plan provide 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. Statement of proposed uses. The Development Plan for the Tralee Project provides for the development of a 10.61 acre site as a mixed use development Zoning: PD Planned Development Zoning District. This is a mixed-use zoning district which provides for retail commercial, service, restaurant, and multi-family residential uses. Permitted Uses: Permitted uses shall generally be guided by the list of permitted uses in the CN District and RM Districts, except as specifically modified and/or listed below: Commercial retail office: shall be permitted on the ground level only of mixed use buildings in Lot 4 and the free-standing building in Lot 5 (area south of Tralee Village) of the Tralee Project, except that they may not be allowed in any of the townhome residential units: a. Commercial retail: Local-serving retail uses including but not limited to: Shopping Center; Grocery Food Store; General Merchandise Store; Discount/Warehouse Retail Store; Clothing/Fashion Store; Shoe Store; Home Furnishing Store; Office Supply Store; Home Appliance/Electronic Store; Home Improvement Store; Music Store; Hobby/Special Interest Store; Gifts/Specialty Store; Jewelry and Cosmetic Store; Drug Store; Auto Parts Store; Toy Store; Book Store (except adult bookstore); Pet Supplies Store (Including in-Store Veterinary Clinic); Sporting Goods Store; and Similar Uses that sell goods based on price and quality. bo Office and service establishments including, but not limited to, the following: Bank/Savings and Loan; Real Estate/Title Office; 3 Travel Agent; Legal; Accounting; Optometrist; Architect; Employment Agency; Hair/Beauty Salon; Cleaner and Dryer; Repair Shop (non-automotive); Catering Establishments; Studios/Photographers/Artists; Key Shop; Tailor; Formal Wear/Rental; Other Administrative and Professional Office; Technology Access Center; and Tele-Commuting Center. c. Eating, drinking and entertainment establishments including the following: Restaurant (full-service, sit-down) ~' Restaurant (convenience): Delicatessen, Bakery, Ice Cream Shop, Sandwich Shop, (does not include drive-through) l; Outdoor Seating 2. Wine or Liquor Bar with On-Sale Liquor License; and Residential uses: The following residential uses shall be permitted in upper level of mixed use buildings in Lot 4, on the lower level of mixed use building in Lot 4 facing Tralee Village Drive and in Lots 1, 2, and 3 (north of TraleeVillage Drive and east of Bantry Way): a. Multi-Family residential and associated uses including - the following: Home occupations (per Chapter 8.64); Multi-family dwelling (Townhouse, condominiums); Underground/Multi-story parking structure; Private recreation facility/Clubhouse (for homeowners' association and/or tenants use only; and Rental/Sales Management Office. 1. Under the proposed tenant mix for Tralee, sit-down restaurant and convenience restaurant uses would account for a maximum of 14,000 square feet of net floor area. Prior to approving a tenant improvement / City business license for additional restaurant floor area within Tralee, the applicant shall provide evidence to the satisfaction of the Community Development Director that parking available at the center is adequate to support additional restaurant uses 2. Subject to Site Development Review Waiver approval by Community Development Director. Conditional Uses: The following are conditional uses in uses in this Planned Development Zoning District for the ground level only of mixed use buildings in Lots 4 and the free-standing building in Lot 5 (area south of Tralee Village) of the Tralee Project. These uses may not be allowed in any of the residential units in Lots 1, 2, 3 and 4. 4 o Community, Religious and Charitable Institutional Facilities; Public Facilities and Uses; Veterinary Office; Recycling Center; In-Patient and Out-Patient health Facilities as Licensed by the State Department of Health Services; Massage Establishment; Gas Station; Automobile Sales; Automobile Service; Bed and Breakfast Inn; Hotel/Motel; Day Care Centers; Medical and Dental; Vending Machines; Instructional Facilities; Athletic Club; Micro-Brewery; Nightclub; Indoor Movie Theater; Video Arcade/Rentals; Outdoor Food Vendors (by Zoning Administrator); and Sidewalk Sales (by Zoning Administrator). Dublin Zoning Ordinance- Applicable Requirements: Except as specifically modified by the provisions of this PD District Rezone/Development Plan, all applicable general requirements and procedures of the Dublin Zoning Ordinance shall be applied to the land uses designated in the PD District Rezone. Site Plan & Architecture: See attached site plans and building elevation contained in Exhibit A- l, Development Plan. This development plan applies to approximately 10.61 acres shown on this plan on the west side of Dougherty Road, north side of Dublin Boulevard, and south side of Sierra Lane. Any modifications to the project shall be substantially consistent with these plans and of equal or superior materials and design quality. Density: The Maximum square footage/number of dwelling units of the proposed development under this Development Plan (as shown on Development Plan (Exhibit A-l), Sheets 4 & 5) are as follows: Mixed-Use { Lots 4, 5 } 4.72 Acres Gross 34,950 Sq. Ft. of leasable Commercial Uses 130 Residential Units FAR between 0.3 and 1.0 Multifamily/Townhouse- Style Residential {Lots 1, 2, 3) 5.89 Acres Net 103 Residential Units FAR between 0.3 and 1.0 5 e Phasing Plan: Project may be built in two phases. The first Final Map will subdivide the 10.61- acre parcel. Separate condominium map(s) will be filed for the Townhouse-style residential and Mixed-Use portions of the project. Due to longer anticipated processing time to obtain building permits for the Mixed-Use portion of the project, the Townhouse-style project may begin first (Phase 1) and the Mixed-Use project may follow (Phase 2). Mixed Use Development Standards: The Site Standards of the proposed development under this Development Plan (as shown on the Development Plan (Exhibit A-l), Sheets 4 &5) are as follows: o Development Standards Minimum Lot Size Parcel Depth Parcel Width Minimum building setback from face of curb - Dublin Boulevard Minimum building setback from face of curb- Private Streets Minimum building setback from non- street project property lines Building Height Site Coverage Office Parking Retail Parking Restaurant Parking - Minimum/Maximum floor area ratio Neighborhood Commercial Lots 4 and 5) N/A N/A N/A 20,_0,,1,2 5,_0,,1,2 10'-0" ~,2 60'-0" 100% 1/250 s.f.3 1/300 s.f.3 1/100 s.f.3 0.30-1.0~ 1. The setback zones shall be tully landscaped with both hardscape, (private sidewalks and other hard surfaced areas) and softscape (trees, shrubs, ground cover, etc.) 2. Exceptions to above setback requirements are the following: a. Architectural Projections (such as columns, fireplaces, bay windows, window seats, second floor overhangs, balconies, decks, porches, building facades at entries) and planter boxes may encroach up to a maximum of five feet into the required setback. b. Freestanding signage as permitted in the Master Sign Program. c. Outdoor seating areas may encroach up to a maximum of five feet into the required setback. 3. Thc number of parking spaces required for a structure or usc is based on the leasable floor area of the structure or use the parking serves. Townhouse-style Multifamily Residential Development Standards: The Site Standards of the proposed development under this Development Plan (as shown on the Development Plan (Exhibit A-l), Sheets 4 & 5) are as follows: Development Standards Multi-Family Residential Lots 1, 2,& 3) Lot Size N/A Parcel Depth Parcel Width Minimum building setback from face of curb - Sierra Lane Minimum building setback from face of curb - Dougherty Road N/A N/A 10'-0" 20,_0,,1,2 Minimum building setback from non- street project property lines 10'-0" 1,2 Minimum setback between residential 10'0' buildings Usable Open Space (Townhome) 200 s.f. of common or private open space per dwelling unit. Usable Open Space (Mixed Use 100 s.f. of common or private open Condominium) space per dwelling unit. Maximum Building Height 45'-0" Maximum Stories 3 stories Required Parking: Studio/One Bedroom Units: Two or More Bedroom Units: Tandem Parking: Compact Spaces: Minimum/Maximum floor area ratio One covered and one guest for each two dwelling units. Two covered and one guest for each two dwelling units. Two-car tandem spaces are permitted in underground parking garage and private garages. 35% of total spaces, maximum 0.30-1.03 10. 11. 1. The setback zones shall be fully landscaped with both hardscape, (private sidewalks and other hard surfaced areas) and softscape (trees, shrubs, ground cover, etc.) 2. Exceptions to above setback requirements are the following: a. Architectural Projections (such as columns, fireplaces, bay windows, window seats, second floor overhangs, balconies, decks, porches, building facades at entries) and planter boxes may encroach up to a maximum of five feet into the required setback. b. Freestanding signage as permitted in the Master Sign Program. 3. Floor area ratios are at ultimate project build-out. Parking/Garage and Loading: Parking/Garage and Loading shall be provided in accordance with the Dublin Zoning Ordinance standards and regulations, except as shown otherwise on the Site Plan (Exhibit A-201 ). The number of parking spaces shall be provided in accordance with sections 8 and 9 above. Architectural Design Guidelines, Concepts & Themes: Implementation of the following standards is required: Architecture associated with a specific corporate entity is not permitted. As an exception, corporate architecture may be considered if it is consistent with the design and intent of Tralee as shown below and presented in these Architectural Design Guidelines. Unique, but consistent architecture that is in keeping with the theme of the project shall be a requirement for all structures on the project site. Concept and Character: · The architecture shall complement the style of the surrounding buildings and landscaping in Tralee; · Common design elements from the surrounding buildings in Tralee shall be incorporated into the individual building design; · The goal for the center is to evoke the feeling of an urban village as opposed to a suburban shopping center or apartment complex. Form and Massing: · Building design shall employ varied forms to break down the scale of larger buildings to create a consistent streetscape and urban village environment; · Building design shall provide for transitional spaces such as trellises, arcades, pergolas, etc. between indoor and outdoor areas; · Wall planes shall provide variations in thickness and offsets to avoid the look of large open expanses of blank walls. Large bay windows, metal canopies, and metal railing may be utilized to further vary the wall plane. Building Height: · Building heights will vary throughout the project. Refer to Sections 8 & 9 above for height limits in this district. Building Entries: · Primary building entries shall be visible from the streets, plazas, and courtyards. · Landscaping and signage shall be designed to highlight the entry. · Enhanced paving or integral colored concrete are encouraged at the building entries. · A strong connection between the street and sidewalk and the building entry shall be provided. Fenestration: · Openings in walls and or doors shall be recessed into or projected from the building walls to provide and enhanced level of detail. · Individual punched openings and/or bay windows are encouraged instead of continuous lengths of storefront or windows. · Metal storefront and window frames shall be primed and painted to generally match the approved color palette of colors, but distinct accent colors and signage are encouraged in order to create unique storefront and lively Main Street and retail center. Materials: · The primary wall surface material shall be painted stucco, brick or EIFS finish system when finished to match stucco and brick facades. · Wall accents shall be brick, printed plaster and/or precast concrete medallions. · Cornice molding caps shall be painted plaster, GFRC or EIFS. The finish shall match the exterior wall finish. · Sheet metal flashing shall be painted to match the adjacent surface. · Decorative columns shall be brick, precast concrete or GFRC. · Trellis elements shall be metal or wood. · Decorative brackets at cornice shall be stained wood. · Awnings and canopies shall be of an approved metal or fabric with painted metal frames. Colors and Textures: 12. 13. 14. 15. 16. 17. · The color and texture of building materials shall complement surrounding buildings in Tralee. · Colors and textures shall be as shown on the approved color and material board (on file at the Dublin Planning Department) for Tralee. Minor variations are acceptable provided that they are in keeping with the spirit of the overall Design Guidelines. · Unique accent colors are encouraged in order to vary the streetscape, but shall generally remain in the same family of approved colors. Roof Forms and Materialx: · Flat roof forms with parapets, rounded, and pitched standing seam metal roofs are the primary roof forms for Tralee. · Accent elements such as comer towers or entry features are encouraged. These features may have flat pitched or rounded metal roofs. The metal-roofing shall match the approved roofing for Tralee. · Decorative cornice molding is encouraged at parapet walls. · Larger overhangs may be used at accent areas and may be supported by decorative wood brackets. Master and Preliminary Neighborhood Landscaping Plan: Refer to attached conceptual landscape plan included in Exhibit A-1, Development Plan, Sheets L1-L 16. The Guzzardo Partnership. All Project monumentation and entry signs shall conform to Sheets L-6 and L- 7, Preliminary Landscaping Images and Details of the Project Plans. A Final Landscaping Plan will be required to be submitted and approved prior to building permit issuance lnclusionary Zoning Ordinance: Applicant / Developer shall comply with the provisions of the City Inclusionary Zoning Regulations through the approval and execution of an Affordable Housing Agreement prior to Final Map approval. In accordance with the Inclusionary Zoning Regulations, the developer/builder shall provide 12.5% or 29 inclusionary housing units available to very low, low and moderate income households as part of the development, and shall enter into an agreement with the City to impose appropriate resale controls and rental restrictions on the units, prior to recordation of final map. Compliance with related Planning Approvals: The Applicant / Developer shall comply with all related Site Development Review, Tentative Parcel Map and future Master Sign Program. General Plan Consistency. Tralee project includes a General Plan amendment which modifies General Plan maps and text for the project. The project PD-zoning and this Stage 1 and 2 Development Plan shall not be effective until the above general plan amendments are approved and effective. Aerial Photo. See Sheet 2 of Exhibit A-1 (project plans). Applicable Requirements of Dublin Zoning Ordinance. Except as specifically provided in this Stage 1 and 2 Development Plan, the use, development, improvement and maintenance of the Property shall be governed by the provisions of the CN and RIM Districts of the Dublin Zoning Ordinance pursuant to section 8.32.060.C. 18. Statement of compatibility with Stage 1 Development Plan. The Stage 2 portion of this Development Plan is consistent with the Stage 1 portion of this Development Plan. 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 and after the effective date the Tralee Project General Plan amendment. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this __ following votes: of__ 2004, by the AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\PA#X2002\02-062\PC\pd ord.doc lO