The URL can be used to link to this page

Home My WebLink About6.1 InterimZn 7197VillagePkwy CITY CLERK _. ' Fife # �' ) 1 : `� • AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 1 , 1998 SUBJECT: PUBLIC HEARING: PA 98-049 Interim Zoning Ordinance • Extending the 45-day Moratorium for the Property Located at 7197 Village Parkway (Report Prepared by: Carol R. Cirelli, enior Planner) EXHIBITS ATTACHED: Exhibit 1: Interim Ordinance Extending the 45-Day Moratorium RECOMMENDATION: P' Waive reading and adopt the Interim Ordinance (Exhibit 1) 71 V extending the 45-day moratorium on uses inconsistent with the proposed zone change for the property located at 7197 Village Parkway, until July 21, 1999. FINANCIAL STATEMENT: Staff time to conduct the land use study and process a zone change. BACKGROUND: On July 21, 1998, the City Council adopted an interim zoning ordinance for property located at 7197 Village Parkway, which became effective immediately for a 45-day period. The ordinance established a moratorium on development applications that are not consistent with Community-Serving Retail, Office and Service, and Eating, Drinking and Entertainment-type uses, excluding drive-through establishments, pending the completion of a general plan amendment and/or zone change study for the property. The ordinance also includes a finding that approval of projects that would allow the future use of the property for automotive-related uses, such as service stations, automobile/vehicle brokerage, rental, sales, service and repair, would result in a threat to public health, safety and welfare due to the land use • incompatibilities with the Community-Serving Retail, Office and Service, and Eating, Drinking and Entertainment-type uses. On August 4, 1998, the City Council received a status report on the measures taken to alleviate the urgency condition at 7197 Village Parkway and the change study. The status report also included a tentative processing schedule for the study. DESCRIPTION: According to State law,the City Council is required to hold a public hearing if the interim zoning ordinance requires an extension beyond the effective 45-day period. Staff is in the process of completing COPIES TO: In-House Distribution ITEM NO. :. o:\pa98-049\9-1 ccsr the zone change stucly for the property and expects to bring the zone change study to the Planning Commission and City Council in October and November of 1998. The interim ordinance \gill expire September 4, 1998. so it is necessary to extend the ordinance in order to complete the zone change study. • RECOMMENDATION Staff recommends that the City Council: waive reading and adopt the Interim Ordinance (Exhibit 1) extending the 45-day moratorium on uses inconsistent with the proposed zone change for the property located at 7197 Village Parkway, until July 21, 1999. • 7 • i �• ORDINANCE NO. - 98 . AN INTERIM ORDINANCE EXTENDING THE MORATORIUM ON THE ACCEPTANCE, PROCESSING AND APPROVAL OF APPLICATIONS AND PERMITS FOR DEVELOPMENT ON THAT PROPERTY LOCATED AT 7197 VILLAGE PARKWAY (APN 941-0210-013, PA 98-049) PENDING THE COMPLETION OF A GENERAL PLAN AMENDMENT AND/OR ZONE CHANGE STUDY THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS: WHEREAS, Village Parkway is a main, centrally located street in downtown Dublin; and WHEREAS, the use or non-use of each parcel on Village Parkway affects the value and potential development of other property in the area; and WHEREAS, unsightly or inappropriate land use on one parcel can discourage or prevent desired land uses in the area; and WHEREAS, a British Petroleum (BP) Service Station was operated at 7197 Village Parkway the ("Property") until approximately April, 1998;and WHEREAS, for the last four months, the Property has been vacant. During this time, it has become unsightly,with high weeds, large amounts of debris, abandoned vehicles, unattractive cyclone fencing, and other features which degrade the aesthetic environment in the area; and WHEREAS, at the July 7, 1998 City Council Meeting, members of the Council expressed their desire to encourage Village Parkway to develop into a vital downtown area with offices, restaurants, cafes,retail services, and other pedestrian-friendly land uses; and WHEREAS, at the July 7, 1998 City Council Meeting, the Council instructed staff to initiate a General Plan Amendment Study to evaluate appropriate uses for the Property, consistent with that desire; and WHEREAS,the Council will consider a General Plan Amendment and/or a zone change; and WHEREAS, in response to the City Council's direction, staff conducted a preliminary land use investigation for the site and recommended the following commercial uses: Community-Serving Retail: general merchandise stores, clothing/shoe stores, gift/specialty stores, book stores, and similar stores; Office and Service: legal offices, medical/dental offices, travel agency, hair/beauty salon, other administrative and professional offices, and similar offices and service uses; Eating. Drinking and Entertainment: restaurants, cafes, ice cream shops, video rental, delicatessens, and similar uses. EXHIBIT 1 A a WHEREAS. Community-Serving Retail, Office and Service. Eating. Drinking and Entertainment uses. as those terms are used in this ordinance, do not include automotive-related uses. such as service stations, automobile/vehicle brokerage. rental, sales, service and repair; and WHEREAS. the Agenda Statement for Ordinance No. 11-98. adopted July 21, 1998 provides evidence that the development of Community-Serving Retail, Office and Service, and Eating. Drinking and Entertainment uses on Village Parkway may be discouraged by the use of the Property for automotive-related uses, such as service stations,.automobile/vehicle brokerage, rental, sales, service and repair; and • WHEREAS. the City Council finds that allowing the future-use of the Property for automotive related uses, such as service stations, automobile/vehicle brokerage, rental, sales, service and repair therefore poses a current and immediate threat to the public health, safety and welfare because it will likely cause 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 future use of the Property for automotive related uses, such as service stations, automobile/vehicle brokerage, rental, sales, service and repair, therefore would result in that threat to public health, safety and welfare. WHEREAS, on July 21, 1998, the City Council adopted a forty-five (45) day moratorium on the acceptance, processing or approval of any applications or permits for subdivisions, use permits, variances, building permits, or any other applicable entitlement on the Property for any uses other than Community-Serving Retail, Office Service, and Eating, Drinking and Entertainment. . WHEREAS, the City staff needs additional time to complete the General Plan Amendment Study to evaluate appropriate uses for the Property. NOW THEREFORE, the City Council ordains as follows: 1) The City extends for ten (10) months and fifteen (15) days, from September 6, 1998, until July 21, 1999, the forty-five (45) day moratorium it adopted on July, 21, 1998 by which it ordained that the City shall not accept, process or approve any applications or permits for subdivisions, use permits, variances, building permits, or any other applicable entitlement on the Property for any uses other than Community-Serving Retail, Office Service, and Eating, Drinking and Entertainment. 2) This ordinance is categorically exempt from CEQA under section 15308 of the State CEQA Guidelines because it is a regulatory action taken by the City, in accordance with Government Code section 65858, to assure maintenance and protection of the environment pending completion of the contemplated General Plan Amendment. 3) 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 until July 21, 1999 unless extended or repealed by the City Council as provided for in Government Code section 65858. PASSED. APPROVED AND ADOPTED by the City Council of the City of Dublin this 1st day of September, 1998, by the following vote: AYES: NOES: ABSTAIN: ABSENT: • Mayor ATTEST: City Clerk • EHS:AUL:jb J:.WPD J INRS W,1 14'.0I\ORD%1998\C2MRTEXT.S 10 \pa98-049\eatenord