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HomeMy WebLinkAboutItem 8.5 ScarlettCt SPA Request CITY CLERK File # 410-55 AGENDA STATEMENT CITY COUNCIL MEETING DATE: JUNE 18, 2002 SUBJECT: Authorization for initiation of a Specific Plan for the Scarlett Court Area and provide direction to Staff for future actions Report Prepared by: Andy Byde, Senior Planner~ ATTACHMENTS: 1. Resolution authorizing initiation of Specific Plan 2. Proposed Specific Plan Area 3. Scarlett Court Area Zoning Map RECOMMENDATION: 1. Receive Staffpresentation /~~ 2. Provide direction to Staff regarding the proposed boundaries of the Specific Plan; 3. AuthoriZe initiation of Specific Plan Study for the Scarlett Court Area; 4. Provide direCtion to Staff if a moratorium is a desired for the area; and 5. If the City Council directs Staff to return with a moratorium then provide direction to Staff regarding the appropriate scope of the moratorium. FINANCIAL STATEMENT: No financial impact DESCRIPTION: During the Goals and Objectives session for Fiscal Year 02/03, the City Council requested Staff, as a high priority item, to initiate a Specific Plan for the Scarlett Court Area (see Attachment 2). The area has a General Plan designation of Business Park/Industrial: Outdoor Storage (F.A.R: .25 to .40). The General Plan designation anticipates retail and manufacturing activities conducted outdoors such as mobile home or construction materials storage. The zoning for the entire area is M-1 (Light Industrial), which allows warehousing, industrial and other similar uses (see Zoning Map, Attachment 3). The M-1 zoning was originally established under the County jurisdiction and has remained unchanged since the City was incorporated. The Scarlett Court area contains the following uses: building material sales, light industrial uses, outdoor storage, mini storage, auto repair, and new/used automobile sales. The predominant use within the area is auto related. The area has many large and underutilized parcels, including Dolan's Lumber, which was located at 6365 Scarlett Court and ceased operating in approximately June of 2001. COPIES TO: Applicant Property Owners Project Planner ITEM NO. G:kPA#k2002KScarlett Court Sp\ccstaffreport 6.12 Scarlett Court.doc Some of the existing uses, including building material sales and mini storage, are not currently permitted within the M-1 (Light Industrial) ZOning District, which renders these uses legal non-conforming and subject to the limitations set forth in the Dublin Zoning Ordinance. Prior to the eastern extension of Dublin Blvd., the Area had access served solely by Scarlett Court, which is parallel to Dougherty Road in the western portion of the area and parallel' to 1-580 along the eastern portion of the area. Although Dublin Blvd. has been extended for over 7 years within this area, only two parcels currently utilize this frontage. ISSUES Specific Plan Boundaries Staff has preliminarily identified the proposed boundaries for the Scarlett Court area. The proposed area consists of approximately 26 parcels, consisting of approximately 52 acres of land and is bounded on the west by Dougherty Road, the North by Dublin Blvd., the south by 1-580 right-of-way, and the east by the Iron Horse Trail right-of-way (see Attachment 2). Before preparing the request for proposals (RFP) and the preliminary budget, the boundaries for the Specific Plan Study should be identified. Staff requests that the City Council provide direction to Staff regarding the proposed boundaries of the Specific Plan, as identified on Attachment 2. Specific Plan Initiation Pursuant to City Council's goal of initiating a Specific Plan for the Area, Staff is requesting authorization to initiate a Specific Plan study for the area. Staff will be preparing a work program, anticipated budget, and RFPs to send out to consultants. Staff anticipates the necessary consultants would be: an economic consultant to determine demand for particular uses; a traffic consultant to evaluate circulation patterns; and a design consultant to assist in preparing design guidelines for the area. Staff will return shortly to the City Council to request authorization to send out the RFPs and present a draft work program and anticipated budget amount. Moratorium Staff is concerned, that without knowing the outcome of the Specific Plan study, which would include land use, economic analysis, and a circulation analysis, building modifications, new uses, and other ministerial and discretionary actions could negatively impact the outcome of the desired Specific Plan. An example of a ministerial action negatively impacting the area would be a warehouse facility leasing an available site and making no site or facility improvements. Approval of such uses within the Area during the time that the City completes the Specific Plan could ultimately frustrate the City's long term efforts to ensure the area is properly developed as properties become suitable for reuse. Staff requests that the City Council provide direction as to the appropriateness of enacting a moratorium for the area. If the City Council determines that a negative impact will result from ministerial and discretionary actions occurring within the area, the Council should direct Staff to prepare a moratorium on any discretionary actions including: site development review or conditional use permits; or ministerial actions including: building permits or a business license for a new tenant. If the City Council directs Staff to prepare such a moratorium, appropriate exemptions could include: (1) any building permit submitted prior to the effective date of the moratorium; (2) any discretionary action (and its associated building permit) submitted prior to effective date of the moratorium; (3) work or modifications to a building which will not modify the appearance or potential use of a building or other work deemed necessary by the Building Official for the safety of the occupants; and (4) proposed new auto sales franchises. 2 New auto sales franchises could be exempted for two reasons: (1) currently there is a high proportion of the existing auto dealers within the area; and (2) currently the M-1 zoning permits new and used auto dealers, subject to the Planning Commission approving a conditional use permit. A potential modification to the current zoning regulations could require a conditional use permit to be approved by the City Council, instead of the Planning Commission while the moratorium is in place. This modification would allow the City Council to evaluate a proposed new auto dealer and determine if it would be consistent with the Council's goals for the area. If the City Council directs Staff to return to the next Council meeting with a moratorium, 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 current and immediate threat to the public health, safety or welfare, and that the approval of ministerial or discretionary actions 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 heating. Any subsequent extension shall require a four-fifths vote for adoption. No more than two extensions 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 led to the adoption of the ordinance. Should the City Council direct Staff to return to the July 2, 2002 Council meeting with a moratorium, the above mentioned written report would be brought back to the Council on August 6, 2002. Staff requests that the City Council provide direction as to the appropriateness of a mbratorium. If a moratorium is desired, provide direction to Staff regarding the scope and the exemptions of the proposed moratorium. RECOMMENDATION: Staff recommends the City Council: (1) receive Staff presentation; (2) provide direction to Staff regarding the proposed boundaries of the Specific Plan; (3) authorize initiation of Specific Plan Study for the Scarlett Court Area; (4) provide direction to Staff if a moratorium is a desired for the area; and (5) if the City Council directs Staff to return with a moratorium then provide direction to Staff regarding the appropriate scope of the moratorium. 3 RESOLUTION NO. XX-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING THE INITIATION OF A SPECIFIC PLAN FOR THE SCARLETT COURT AREA WHEREAS, During the Goals and Objectives session for Fiscal Year 02/03, the City Council requested Staff, as a high priority item, to. initiate a Specific Plan for the Scarlett Court Area;and WHEREAS, the Scarlett Court area has many large and underutilized parcels which have inadequate access and do not take advantage of the recent extension of Dublin Boulevard; and WHEREAS, the majority of the parcels within the Scarlett Court area face inward and do not front onto' Dublin Boulevard; and WHEREAS, Section 65453(a) of the State of California Government Code states that a Specific Plan be prepared as deemed necessary by the legislative body; and WHEREAS, the Ci~ Council did hear and consider all such reports, recommendation, and testimony herein above set for and is in support of a Specific Plan to determine the appropriate land use for the property. NOW, THEREFORE, BE IT RESOLVED THAT the Dublin City Council does hereby initiate a Specific Plan for the Scarlett Court Area for all of the area located west of Dougherty Road, North of Dublin Blvd., the South of 1-580 right-of-way, and the east of the Iron horse Trail right-of-way. PASSED, APPROVED, AND ADOPTED this 4th day of June 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Attachment 1 GSPA#\2002\Scarlett Court Sp\CC reso authorizing sp.doc Duk PROPOSED MORATORIUM Attachment 2 Zoning Map C-2 Attachment 3