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HomeMy WebLinkAboutItem 7.4 GPA StudyIronHorsTrail CITY CLERK File # AGENDA STATEMENT CI'TY COUNCTL MEETI'NG DATE: MARCH 4, 2003 SUBJECT: City Initiation of General Plan Amendment Study for the 19-Acre Union Pacific Railroad and Alameda County Parcels along the Iron Horse Trail. Report Prepared by: Jeri Ram, Planning Manager L~ ATTACHEMENTS: 1. General Plan Location'Map; 2. City Council Meeting Minutes of December 17, 2002; 3. Resolution authorizing initiation of a General Plan Amendment Study. RECOMMENDATION: 1. Receive Staff presentation and public testimony; ~ ,,,,Q _ ~~ ,~. (,/k/'~c~ 2. Question Staff and the public; ~ 3. Adopt Resolution approving initiation of General Plan Amendment Study to evaluate an appropriate General Plan Land Use Designation limited to: Parks/Public Recreation; Public/Semi-Public, or Open Space. FINANCIAL STATEMENT: None at this time. DESCRIPTION: At the October 1, 2002, City Council meeting an item had been placed on the agenda by Trumark Companies, requesting the City Council to authorize Staff to begin work on a General Plan Amendment Study to enable residential uses to develop on the 19-acre site currently owned by Alameda County and Union Pacific Railroad (See Attachment 1 for location). Prior to the City Council hearing Trumark Companies withdrew their application. During the public comment period at the October 1, 2002, meeting, there was testimony from various citizens regarding the future use of the transportation corridor adjacent to the Iron Horse Trail, north of Amador Valley Boulevard (Attachment 1, General Plan Location Map). The City has continued to receive questions from surrounding citizens regarding the development process and how land use changes could occur on the 19-acre site. GSPA#X2002\02-053\CC Staff Report- GP request Public.DOC COPIES TO: union Pacific: Katherine Hart Alameda County: John Fenstemacher In-House Distribution At the December 17, 2002, City Council meeting, Staff requested that the City Council issue a statement that it would not consider authorizing a General Plan Amendment Study for any use other than a public use. Immediately prior to the December meeting, Staff received a letter from the attorney representing one of the property owners within the study area, Union Pacific. The letter requested that the item be removed from the agenda due to the claim that the property owner had not been noticed and compliance with California Environmental Quality Act (CEQA) was not followed. In deference to the request, the City Council did not issue a statement l~owever, the Council did direct the Staff to place a request to initiate a General Plan Amendment Study for public uses on a future agenda for City Council consideration following the compliance with CEQA and noticing to the property owners. In response to that request by the City Council, Staff is requesting that the City Council consider authorizing a General Plan Amendment Study, which would evaluate the proposal to amend the General Plan to allow for only public uses. Public Notice: Staff identified more than 900 residential dwelling units that may be impacted from changes to this area. Although this item is not a public hearing, Staff sent notice to all properties within 300 feet of the project site as well as Alameda County and Union Pacific (the two property owners of the study area). In addition, Staff has published a copy of the notice within the legal section of the Tri-Valley Hearld on Sunday February 23, 2003. CEQA: Staff has evaluated the proposed General Plan Study request and has determined that the request is categorically exempt from CEQA, pursuant to the CEQA Guidelines, Section 15306 because this project would consist of data collection and evaluation only. If the General Plan Study request is approved by the City Council additional environmental review will be conducted to determine potential environmental impacts, prior to any action by the Planning Commission and the City Council. Ownership of the Site: The 19-acre transportation corridor is owned by two entities, Alameda County and Union Pacific. Railroad. The City Attorney has reviewed the letters submitted by Alameda County Public Works and has opined that State law requires that the County offer the land to the City for park purposes prior to entering into contracts with private entities. Staff prepared a letter in September 2002, to Alameda County addressing this issue. To date, the City has not had a response from the September 2002, letter. Current Land Use Designations for the Site: The 19-acre site is currently designated Transportation Corridor in the City of Dublin General Plan. Any change from this designation would require a General Plan Amendment. How Land Uses Can be Changed: City of Dublin policy requires that prior to any change from one General Plan Land Use Designation to another the City Council shall initiate a study of a possible General Plan Amendment. Requests to initiate a study to change the General Plan may be made by an applicant or may be initiated by the City Council for the public good. At the conclusion of the General Plan Amendment Study, public hearings are held by the Planning Commission and City Council on the findings of the Study. Following the public hearings and appropriate environmental review, the City Council makes a determination on the General Plan Amendment. Future Land Use Designation for the 19-Acre Site Adjacent the Iron Horse Trail: The City of Dublin has not received an application for a change in land use for the 19-acre site since the withdrawal of the Trumark application. Although there is no additional request pending for a General Plan Amendment currently on file with the City, several public uses may be considered for the 19-acre area. For instance, the site has been suggested for the location for the future recycled water pipeline for the Dublin San Ramon Services District and East Bay MUD Recycled Water Authority (DERWA) San Ramon Valley Project. In addition, the City is currently conducting a Parks and Recreation Master Plan update, and the analysis may include recommending additional parks be provided west of Tassajara Road. Utilizing the 19-acre site as a possible recreation or open space use in conjunction with the Iron Horse Trail might meet the goals of the updated Parks and Recreation Master Plan. (The DERWA line would be placed underground and after construction would not disrupt open space or recreation uses of the property.) Therefore, Staff recommends a General Plan Amendment to evaluate amending the General Plan to modify the land use designation of the study area to a public use land use designation. Allocation of Staff Time: The Planning Division work program this year has identified several major current planning projects that require a substantive amount of Staff time to process. The Park and Community Services Department is currently working with a consultant to complete the update to the Parks Master Plan. The Parks Master Plan will identify existing and future park needs as well as potential park locations. Due to the existing work program and the yet to be completed Park Master Plan, Staff anticipates that this General Plan Amendment Study woutd take approximately one-year to complete. Staff is bringing this item before the City Council at this current point in time because the property owner, Union Pacific Railroad, has stated their intentions of bringing a General Plan Amendment Study to the City Council to request changing the current designation to some type of residential designation. As a result of these developments, Staff determined the timing was appropriate, despite the potential delays, to convey the intentions of the City Council as it relates to the General Plan. RECOMMENDATION: Staff recommends that the City Council receive the Staff presentation and public testimony; question Staff and the public and adopt a Resolution authorizing initiation of a General Plan Amendment Study to evaluate an appropriate General Plan Land Use Designation limited to: Parks/Public Recreation; Public/Semi-Public, or Open Space. FUTURE GENERAL PLAN LAND USE DESIGNATION FOR THE 19-ACRE UNION PACIHC RAILROAD AND ALAMEDA COUN'I~ PARCELS ALONG THE IRON HORSE TRAIL AND PROCEDURE FOR GENERAL PLAN AMENDMENTS 8:4'5 p.m. 8.5 (420~$0) At the October 1, 2002, City Council meeting an item had been placed on the agenda ,by Trumark Companies, requesting the Council to authorize Staff to begin work on a General Plan Amendment Study to enable residential uses to develop on the 19~acre site owned by Alameda County and Union Pacific Railroad (not Southern Pacific Railroad as previously stated) and currently zoned as a transportation corridor. Prior to the Council hearing, Trurnark Companies withdrew its application; however, during the meeting's public comment period, testimony was received from various citizens regarding the future use of the transportation corridor adjacent to the Iron Horse Trail, north of Amador Valley Boulevard. The City has continued to receive questions from surrounding citizens regarding the development process and how land use changes could occur on the 19-acre site. Due to the inquiries from the public regarding this site, Staff placed this item on the agenda to review and consider various aspects of the site, including the ownership of the 19-acre site, current land use designation, how land uses can be changed. Mr. Peabody noted that a letter was sent to Alameda County in September 2002 regarding legal requirements related to the sale of County property because there was an interest at that particular time to sell the property to a private entity rather than retaining ownership by Alameda County. No response has been received to~date. The site is currently zoned Transportation Corridor and any change from this designation would require a General Plan Amendment to be approved by the Planning Commission and the City Council. The City Council must initiate a General Plan Amendment Study for any changes from one General Plan designation to another. Requests to initiate a GPA Study may be made by an applicant or may be made by the City Council itself. At the conclusion of a GPA Study, public hearings are held by the Planning Commission and City Council. Although there are no General Plan Amendments currently on file with the City, there are two public uses Which may be considered for the 19-acre site if a General Plan change does occur: 1) the possible location of a future recycled water pipeline for DERWA's San Ramon Valley Project; or 2) designation of the site as possible recreation or open space use in conjunction with the Iron Horse Trail, which is being discussed in the Park Master Plan review. CITY COUNCIL MINUTES VOLUME 21 December 17, 2002 All uses being discussed at present for this site are public uses. Staff recommended that the City Council discuss this matter and issue a statement that any future General Plan Amendment should be for public use only. Kate Hart, an attorney with Crosby, Healey, Roach & May and representing Union Pacific Railroad, referred to a letter which had been submitted to the Council earlier today, and indicated that Union Pacific objects mainly to the issuance of a statement by the Council because they believe it amounts to a &facto General Plan Amendment. If the Council issues a statement saying that you can't do a study for any other use than a public use, there is no distinction. In addition, Union Pacific felt that a General Plan Amendment would not be appropriate at this time because there has been no CEQA discussion and no compliance with the normal procedures for General Plan Amendment. Also, Union Pacific did not receive any notification of tonight's agenda item. The lack of notification was surely a mistake; however, they are requesting notification in the future. Steve Westlund, representing the Heritage Commons HOA, thanked the Council for responding to the issue and agendizing it for tonight. The HOA urged the Council to use every effort to keep land open space, as it is enjoyed by many people in the neighborhood, as well as the surrounding area. To develop the property would have a negative impact on the City. Laura Moore, representing many residents of Dublin Hills Estates and surrounding areas~ encouraged the Council to issue a statement that it would not authorize a General Plan Amendment Study for the development of the area. She re-stated their request to have the land rezoned as open space. She submitted a petition with over 200 new signatures. Combined with the old petition, there were over 450 signatures. She also pointed out that the neighbors received little notification for meeting tonight's. Most of the neighborhood heard via word of mouth. She pointed out that many of the people present, were in support of open space in that area, and asked all those present in support to stand. Larry Kalua, Newcastle Lane, indicated that the wildlife needed a place to live and urged the Council to leave the property as it is. John Johnson, Newcastle Lane, commented that it is already a defacto park and encouraged the Council to leave it the same. The traffic impacts would be too great around the schools. City Manager Richard Ambrose noted that a letter from John Fenstermacher, Alameda County Real Estate Division, was received today, indicating that they were unaware of the proposed action by the City and respectfully requested that the Council continue this CITY COUNCIL MINUTES VOLUME g 1 REGULAR MEETING December ~. 7, 2002 PAGE 635 action to allow the Cotmty sufficient time to assess the economic impacts of the City's proposed action on the County's property and its future use. Mayor Lockhart noted that she did have chance to read the email from Union Pacific and analyze the comments from her personal point of view. She made the following statement to the Council: "It is up to the Council to decide whether or not it wants to change any of the land uses in its general plan. That is Council's decision. In Dublin, the process begins with the Council talcing action to authorize the Staff to do a study of a possible General Plan Amendment. At our October 1 a meeting, we had a request for such a study for the property in question from Trumark Companies. We did not consider that request that evening, however, because Trumark withdrew its application. They did not continue it, they withdrew it; therefore, Council did not discuss a General Plan Amendment. There have been no other requests to Staff since October from the property owners or Trumark Companies to initiate a General Plan Amendment Study for this property. Since the October meeting, residents of the community have asked me about the land uses for this property. I asked the City Manager to put this item on the agenda tonight so the community would understand the process that is required to change any land uses in our general plan. I think that the Staff Report describes the process for any such changes. I think it is important for the public to understand what we are NOT doing tonight. We are not considering a General Plan Amendment tonight. We are not authorizing Staff to do a General Plan Amendment Study for this property. What Staff has recommended is that the Council indicate that it will not consider a General Plan Amendment Study for this property for any uses other than public uses. I, for one, do not wish to see any land use changes for this property at this time. If and when Staff receives another application for a General Plan Amendment Study for this property, the Council will consider that application just as it considers all other such requests. I will look at it with an open mind and if, at that time, I believe a study should be conducted, I would want Staff to look at all possible uses of the property, including public uses." Mayor Lockhart reiterated that this was her own personal opinion. For some mason, this has gotten blown out of proportion. If a study takes place in the future, it would definitely need to consider public uses. Cm. McCormick thanked the Mayor for her comments and for clarifying what the Council was trying to do tonight. She stated that she agreed with most of the Mayor's comments, and has also looked at Staff's recommendation that Council issue a statement. However, she would like the Council to consider something else, and move this issue forward. She asked the Council to consider putting this issue on a future agenda to CITY COUNCIL MINUT£S VOLUIME £ 1 REGULA~ MEETING December ~ 7, 2002 PAGE 636 consider a General Plan Amendment Study for the 19 acres for public uses. We need to step up and do this, and she was asking for Council support. Cm. Zika seconded the motion. On motion of Cm. McCormick, second by Cm. Zika with a unanimous vote the Council directed Staff to place a request to initiate a General Plan Amendment Study for the 19- acre site for public uses only on a future agenda for Council consideration, following the CEQA process and the required public and property owner notification. Cm. Sbranti commented that there was one other public use that the residents asked Council to consider~ which was to declare the old railroad bridge as a historical monument. RECESS At 9:10 p.m., Mayor Lockhart called for a short recess. The Council meeting reconvened at 9:15 p.m., with all Councilmembers present. E-COMMERCE PROJECT 9:15 p.m. $.6 (350~20) Assistant City Manager Joni Pattillo presented the Staff Report and indicated that the City Council adopted a high priority goal to investigate the feasibility of implementing an e- commerce project for citizen use of City services. This would allow citizens to do business with the City from their home or office and at their convenience. Residents wouid be able to use the Internet to register for recreational classes and programs and pay for other City services. An E-Commerce Task Force made up from various City employees completed a feasibility study and developed a project plan and time for Council consideration. Class Software Solutions will be raising prices by 17% on January 1, 2003; therefore, Staff recommends that the Council waive the competitive bid process and authorize the issuance of a purchase order for e~commerce and point of sale software, including project planning, installation and training, at a price not to exceed $29,655. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING December 1 7, 2002 PAGE 637 RESOLUTION NO. - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE INTIATION OF A GENERAL PLAN AMENDMENT STUDY FOR THE 19-ACRE SITE DESIGNATED TRANSPORTATION CORRIDOR ON THE ABANDONED RAILROAD RIGHT-OF-WAY AND ALAMEDA COUNTY LAND WHEREAS, the City Council has requested a General Plan Amendment Study for the 19-acre site designated Transportation Corridor located along the Iron Horse Trail from the Contra Costa County boundary until approximately 500 feet south of Amador Valley Boulevard; and WHEREAS, a General Plan Amendment to allow a change in land uses ~vould be required to allow the change from transportation corridor to public uses; and WHEREAS, the initiation request has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and was found to be Categorically Exempt under Section 15306, Class 6 of the State CEQA Guidelines; and WHEREAS, the Staff report submitted recommended that the City Council approve the initiation of a General Plan Amendment Study for the proposal; and WHEREAS, the City Council did hear and consider all such reports, recommendations, and testimony hereinabove set forth and supports the initiation of a General Plan Amendment Study for the 19-acre site. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Dublin does hereby approve the initiation request for a General Plan Amendment Study for the 19-acre site adjacent the Iron Horse Trail to evaluate an appropriate General Plan Land Use Designation limited to: Parks/Public Recreation; Public/Semi-Public, or Open Space. PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this 4th day of March 2003, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\PA#k2002\02-053\GP study public -reso.doc ATTACHMENT 3