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Home My WebLink About7.1 DonlonWayArea CITY CLERK FILE # 410-20 AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 3, 2001 SUBJECT: Consideration of Urgency Ordinance on Donlon Way Area (Report Prepared by: Andy Byde, Associate Planner) ATTACHMENTS: 1) June 19, 2001, Agenda Statement with Attachments RECOMMENDATION: 1) Make a motion to take the item from the table (requires majority vote); 2) Consider Staff report, and determine if the proposed project on the Dublin Square Property may negatively impact the desired historical district designation of the Donlon Way Area and, if so, adopt Urgency Ordinance; and/or 3) Provide Staff direction as to whether the City Council would like to hold a study session; initiate a Specific Plan for the Donlon Way area; or provide other direction for Staff. BACKGROUND: At the City Council meeting of June 19, 2001, the Council voted 5~0 to lay on the table the consideration of an Urgency Ordinance to impose a moratorium within the Donlon Way Area. The Ordinance was being considered in light of an application for a Site Development Review proposing to redevelop the property know as the Dublin Square (Plumbery) with a new three-story, 89,000 square foot office building. The City Council had previously ranked as a high priority goal to develop plans for a historical district designation on the Donlon Way area. The City Council stated that the item would be taken from the table at the July 3, 2001, City Council meeting in order to provide the applicant with the opportunity to determine whether to proceed with the project and to consider their options. Staff has discussed the proposed project, in light of the concern articulated by the City Council, with the applicant. The applicant has stated a willingness to participate in a City sponsored workshop regarding the proposed historic district designation on the Donlon Way area and the implications for the Dublin Square property. Additionally, the applicant has indicated they may withdraw the Site Development Review application for the 89,000 square foot office building at Dublin Square. To implement the historical district designation, Staff has listed below two options which are available to the City Council: Option 1, the City Council could hold a study session to examine the scope and the desired direction of the proposed historical district designation and the integration of the Dublin Square property into the designation area. Possible topics of the study session could include: importance of subject site from a historical perspective; possible design considerations for new projects; appropriate land uses; and possible view corridors into the COPIES TO: Applicant/Property Owners/Project Planner ITEM NO. C:\W1NDOWS\DESKTOPXNew FolderXTemporary Internet Files\OLKE350\cc staff historic study-table.doe historical sites. The study session could be held at the August 21, 2001, City Council meeting. Option 2, the City could initiate a Specific Plan for the Donlon Way area. The Specific Plan process would include: (1) economic analysis to examine financial constraints and financing options; (2) a public participation component to determine the needs of the property owners and wishes of the public; (3) design guidelines to determine appropriate design criteria for the area; and (4) a land use analysis to determine a compatible mix of appropriate land uses. If the City Council would like to initiate a Specific Plan, Staff would return at a future Council meeting to present the anticipated funding amount and time frame in which the Specific Plan would be completed. RECOMMENDATION: Staff recommends the City Council: (1) make a motion to take the item from the table (requires majority vote to take item from table to continue discussion); (2) consider Staff report; (3) determine if the proposed project on the Dublin Square Property may negatively impact .the desired historical district designation of the DonIon Way Area and, if so, then the Council should adopt Attachment 2 of the June 19, 2001, Agenda Statement which will impose a moratorium on any entitlement that would allow the modification of properties within the Donlon Way Area (See Exhibit A to Attachment 2); and/or (4) provide Staff direction as to whether the City Council would like to hold a study session; initiate a Specific Plan for the Donlon Way area; or provide other direction for Staff. 2 CITY CLERK' AGENDA STATEMENT 'CITY COUNCIL MEETING. DATE: JUNE 19, 2001 SUBJECT: ATTACHMENTS: Consideration o'f Urgency Ordinance on Donlon Way Area (Report Prepared by: Andy!Byde, Associate Planner) 1. Map'of Dublin Historic Resources within the Donion Way Area 2. Urgency Ordinance RECOMMENDATION: Consider Staff report, iud determine if the proposed project on the Dublin Square Property. may negatively impact the. desired historical district designation of the DonIon Way Area if so, adopt Urgency Ordinance; alternatively if the CiW Council determines that the proposed project will not have a negative impact on the anticipated historical district designation, then take no further action. BACKGROUND: On March 19, 2001, during the Goals and Objectives session, the City Council requested Staff, as a high priority, to develop plans for a historical district designation on the D0nlon Way area. Several City owned historical resources are located within this area and include: Old St. Raymond's Church, the Old Murray School House, the' Dublin Pioneer Cemetery. The Green Store, although it has been significantly altered from its .original form, can be described as a historical resource. In addition to the Green Store, .the Alamilla Springs are the two historic properties not located on City owned property (See Attachment 1 for a map of historical resources in the area). One June 1% 2001, the Community Development Department received an application for a Site Development Review proposing to redevelop the property know as the Dublin Square (Plumbery), with a new, three-story, 89,000 square .foot office building. The proposed building would attain a height of 44.5 feet above grade (with mechanical and parapets attaining a height of 54 feet) and ~would contain a below grade parking floor. The existing bank building would remain, while the existing retail building would be demolished, as a result of the proposed project. The buildings that make up the Dublin Square is a strip commercial area which was constructed in the 1960's and can best be described as a modem architectural style, typical of the latter part' of the 20th century suburban type retail. The building contains no historic value, The site is almost completely paved in asphalt with little respect given to the nearby historic structures, save a small monument on the corner of Donlon and Dublin Boulevard. COPIES TO: Applicant /7° / G:XPA#X2J)01\Hiltoric Study\cc staff historic study.doc ATTACHMENT / ISSUES Staff is concerned, that without knowing the desire of the City Council in relation to the establishment of a historical district designation on the Donlon Way area, that the proposed 89,000 square foot office building may negatively impact' the historical district designation. If the City Council determines that the proposed project may, negatively impact the anticipated historical district designation, the Council should adopt the attached interim ordinance (Attachment-2) which would impose a moratorium on any entitlement that would allow the modification of properties within the Donlon Way Area (See Exhibit A to Attachment 2)i The interim ordinance would take' effect immediately if adopted by a four-fifths vote by the City Council. State law limits the initial term of the ordinance to ·45: days. State law also requires the ordinance to include a finding that there is a currant and immediate threat to the public health; safety or welfare, and that the approval of additional entitlements in order to comply with the Zoning Ordinance would result in a threat to public health, safety or welfare. ' State law allows the City Council to extend the ordinance by 10 months and 15 days, and again by one year (for a: total of two years), following a 'noticed public hearing. Any subsequent extension shall require a four-fifths vote for adoption. No more than two extension may be adopted. Ten days prior to the expiration of an interim ordinance or any' extension, the City Council shall issue a written report describing the measures taken to alleviate the condition which ted to the adoption of the ordinance. Should the City Council establish a moratorium through' the adoption of this urgency ordinance, the above mentioned written report would be brought back to the Council as a consent item on July 17, 2001. RECOMMENDATION Staff recommends the City Council: (1) consider the Staff Report; (2) determine if the proposed project on the Dublin Square property will negatively impact the ianticipated historical district designation on the area; (3a) if the City Council determines that the proposed project will negatively impact the anticipated historical' district designation/then the Council should adopt Attachment 2 which will impose a moratorium on any entitlement that would allow the modification of properties within the Donlon Way Area (See Exhibit A to Attachment 2); (3b) if the City ZCouncil determines that the proposed project on the DUblin Square property will have no negative impact on the anticipated historical district designation, then take no further action. 2 Map of Dublin Historic Resources within the Donlon Way Area Alamilla Springs~ Dublin Square ;reen Store ,Old St. Ra Church Old Murray DonIon Way Historic Resource ORDINANCE NO. xx-01 AN ORDINANCEOF THE CITY COUNCIL OF THE CITY OF DUBLIN AN URGENCY ORDINANCE MAKING FINDINGS AND ESTABLISHING A MORATORIUM ON THE ACCEPTANCE, PROCESSING AND APPROVAL' OF APPLICATIONS AND PERMITS FOR DEVELOP~NT IN THE DONLON WAY AREA PENDING THE COMPLETION OF A HISTORIC DISTRICT STUDY WHEREAS, several properties within the Donion Way area, shown on Exhibit A hereto, were constructed prior to the 20th Century; and' WHEREAS, several properties within the DonIon Way area have historic qualities; and WHEREAS, several properties within the Donion Way area, shown on Exhibit A hereto, provide a historic and architectural legacy of the past; and WHEREAS, unsightly or inappropriate land use on these .parcels or surrounding parcels can' diminish the historic qualities of the area; and WHEREAS, at'the March 19, 2001, City Council Meeting, members of the Council expressed their desire to. place the Donion Way area in a historical district; and WHEREAS, an application for Site Development Review has been received on the Dublin Square Property, requesting to redevelop the property at the comer of Donlon Way and Dublin Boulevard with an 89,330 square foot office building; and . " WHEREAS, the application to redevelop the property at the comer of Donlon Way and Dublin Boulevard has brought t° the City Council' s attention the possibility that the properties within the DonIon Way area may be developed or redeveloped without appropriate consideration of those historical resources; and WHEREAS, the City Council finds that allowing the redevelopmerit of the of the properties within the DonIon Way area without respect for the histoiic resources in the area poses a current and immediate threat to the public health, safety and welfare because it will likely cause loss of historic. resources and land use incompatibilities; and WHEREAS, the City Council finds that the approval 'of additional subdivisions, use .permits, variances, building permits, or any other applicable entitlement that would allow the modification of the properties within the Donion Way area, therefore would result in that threat to public .health, safety and welfare. NOW THEREFORE, THE CITY COUNCIL ORDAINS AS FOLLOWS: G:~PA~L2001~tistoric Study\CC urgency ord for plumbery--v2revised. doc ])' The City' shall not approve any applications or permits for sit6development 'review, subdivisions~ use permits, rezonings, general plan amendments, variances, building permits, or any other applicable entitlement on the Donlon Way area (Exhibit A hereto) which would significantly alter the property so long as this ordinance is in effect. The City shall, nevertheless, accept and process applications for such entitlements. " 2) This ordinance is categorically exempt from CEQA under section 153 08 of the State CEQA Guidelines because it is a regulatori7 action taken by the City, in accordance with Govemment Code section 65858,; to assure maintenance and protection of the environment pendiiig completiqn o f the contemplated Historic District Study. 3) If any provision of this ordinance or the application thereof to any person or 'circumstance is held invalid, the remainder of the ordinance, including the'application of such part or provision to other persons or .circumstances shall not be affected thereby and shall continue, in full force and effect, To this end, provisions of this ordinance are severable. The City Council-hereby declares that it would have passed each section, subSection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. 4) This ordinance shall become effective immediately upon adoption if adopted by at least foUr-fifths vote of the City Council and shall be in effect for forty-five days from the date of adoption unless extended by the City Council as provided for in Government Code section 65858. PASSED; APPROVED and ADOPTED this 19th day of June, 2001. AYES: NOES: ABSENT: City Clerk Mayor 2 Map of DonIon Way Area Moratorium )\ Dublin BI 'Diii~iih"SqUa"re:: - , -..: . :-.:."_,~ .- .. .., ....:.,----.: · 'lid St: Raymond' ;'OldMurray- ' Sch661hou II Pioneer Cemetery ..... ,' DonIon Way Historic Resources Proposed Moratorium Area