HomeMy WebLinkAboutReso 132-05 EneaPropAppeal
RESOLUTION NO. i32 . 05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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GRANTING THE APPEAL OF ENEA PROPERTIES IN PART WITH MODIFICATIONS
AND DENYING IT TN PART, TIIEREBY REVERSING
THE PLANNING COMMISSiON'S DECISiON, AND MODIFYING
THE ZONING ADMINISTRATOR'S APPROVAL OF CONDITIONAL USE PERMIT
PA 04-057 (ENEA PROPERTIES I STARBUCKS COFFEE)
RECITALS:
WHEREAS, the Enea Properties Company, LLC ("Applicant/Appellant"), is the owner of
property located at 7197 Village Parkway (APN 941-0210-013), and
WHEREAS, the Planning Commission approved Resolution 04-40 on May 11, 2004, approving a
conditional use permit for amendments to the existing Planned Development, Site Development Review
and a master sign program for the property located at 7197 Village Parkway; and
WHEREAS, the conditions of approval of Resolution 04-40 required 32 on site parking spaces
for the proposed retail and restaurant/care uses: Retail 7,939 square feet -- 26 spaces (1 :300); and
Restaurant 600 square feet -- 6 spaces (i: 100); and
WHEREAS, the Applicant/Appellant proposes to construct a 1,886 square foot coffee shop, 410
square foot outdoor seating area and 6,653 square foot retail center; and
WHEREAS, Dublin Municipal Code ("DMC") section 8.76.080 requires 45 parking spaces for a
1 ,886 square foot coffee shop, 410 square foot outdoor seating area and 6,653 square foot retail center;
and
WHEREAS, the Applicant/Appellant has requested approval of an application on behalf of
Starbucks Coffee, Inc_, for a conditional use permit to allow a reduction of 13 parking spaces ITom the
number of parking spaces required by the Dublin Municipal Code for a 1,886 square foot coffee shop, 410
square foot outdoor seating area and 6,653 square foot retail center (45 spaces); and
WHEREAS, the application was considered by, and approved by, the Zoning Administrator of
the City of Dublin on March 14,2005, by Resolution Number 05-04 of the Zoning Administrator of the
City of Dublin; and
WHEREAS, an appeal ITom the decision of the Zoning Administrator was filed on March 23,
2005, by Bobbi Cauchi, pursuant to Chapter 8.136 of the Dublin Municipal Code; and
WHEREAS, the Planning Commission considered said appeal on April 26, 2005 and reversed the
decision of the Zoning Administrator by adoption of Resolution Number 05-25 of the Planning
Commission of the City of Dublin; and
WHEREAS, Enea Properties Company, LLC (the applicant) timely filed an appeal from the
Planning Commission's reversal of the Zoning Administrator's approval of the Conditional Use Permit by
letter of May 5, 2005, stating the specified grounds for the appeal; and
WHEREAS, the City Council considered the appeal of the Enea Properties Company, LLC on at
a noticed public hearing on June 7,2005 and June 21, 2005, and heard testimony and considered all
documentary evidence submitted to it, including the agenda statements dated June 7,2005 June 21,2005
and documents submitted to the City Council by persons testifying before the Council; and
WHEREAS, at the conclusion of the public hearing on June 7, 2005, the City Council by a "straw
vote" indicated its intention to grant the appeal in part and deny the appeal in part; and
WHEREAS, the Council reopened the public hearing on June 21,2005, to consider additional
testimony and documentary evidence, and closed the public hearing; and
WHEREAS, the "record herein" consists of the minutes of the public hearings on June 7, 2005
and June 21,2005, all documentary evidence submitted to the Council at such public hearings, including
the agenda statements dated June 7, 2005 and June 21, 2005; and
FINDINGS
WHEREAS, after considering the provisions of the Dublin Municipal Code and the record herein,
the City Council finds as follows:
I. Pursuant to Dublin Municipal Code §8.76.080, the required parking for the proposed
project, as approved by the Planning Commission by Resolution 04-40 in 2004, is 32 spaces, as follows:
Retail 7,939 square feet 26 spaces (i :300); and Restaurant 600 square feet 6 spaces (1: 100).
2. Pursuant to §8.76.050.E of the Dublin Municipal Code, an applicant may propose a
reduction in the number of parking spaces required by Dublin Municipal Code §8.76.080 and the Zoning
Administrator may grant a reduction in off street parking requirements if :
a. The conditional use permit finding of Chapter 8.100 can be made;
b. The applicant submits a parking study prepared by a qualified consultant analyzing the
parking demand of the proposed use and the parking demands of similar uses in similar
situations, demonstrating that the required parking standards are excessive, and proposing
alternate parking standards which are appropriate and ensure that there will not be a
parking deficiency; and
c. Overflow parking will not impact any adjacent use.
3. Applicant/Appellant seeks a Conditional Use Permit to reduce the required parking, ITOm
45 spaces which are required by DMC§8.76.080 (Retail 6,642 square feet requires 22 spaces; Restaurant
1,886 square feet requiresl9 spaces; and Outside seating 410 square feet requires 4 spaces) to 32 spaces.
4. Two parking studies were submitted, including the parking study dated December 29,
2004, entitled "Starbucks 7197 Village Parkway Parking Study", which is attachment 6 to the June 7,
2005 agenda statement, and a letter ITom Omni Means, dated April 19, 2005 to Ray Kuzbari (attachment 6
to the June 7, 2005 agenda statement); and
5. The City's traffic engineer, Ray Kuzbari, testified at the public hearing that 12 on street
parking spaces immediately adjacent to the property will be available for parking due to the imminent
relocation of a bus stop; and
,
6. The parking studies submitted to the Zoning Administrator and Planning Commission
demonstrate that the required parking standards of Section 8.76.080 of the Dublin Municipal Code are
excessive in that there is only one standard for restaurant uses which does not consider the type of use
proposed by Starbucks, which requires fewer parking spaces than a typical restaurant due to the constant
turnover of Starbucks' patrons; and
7. The Council finds that proposed alternate parking standards are appropriate and ensure that
there will not be a parking deficiency in that 12 spaces are available for parking on the street immediately
adjacent to the property and two on site spaces will be restricted to 15 minute parking, assuring adequate
turnover which will generate the equivalent of one additional space; and the Council accordingly
determines that overflow parking will not impact any adjacent use.
NOW, THEREFORE THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS
AND DETERMINATION:
1. The City Council incorporates the findings in Resolution 05-04 of the Zoning
Administrator in particular, findings 1,2,3,4,5,6,7, and 8;
2. Condition of approval number 8 of Resolution 05-04 is modified to read as follows:
"Time limited reserve parking. The applicant/developer shall
reserve 2 of the on site parking spaces as time limited parking.
These spaces should be located closes to the coffee shop and
should be posted with the following information; "15 minute
parking limit. Towing enforced." Signs shall include City of
Dublin Municipal Code citation that allows towing of illegally
parked vehicles."
3. Council finds that 32 on site spaces, 12 off site spaces on the street directly adjacent to the
property and 2 spaces limited to 15 minute parking satisfy the requirement of the Dublin
Municipal Code for 45 parking spaces.
4. Condition number 2 of the conditions of approval of Resolution 05-04 is modified to
include the following additional language:
"The conditional use permit shall not be valid unless and until the
City's traffic engineer determines that 12 parking spaces are
available directly adjacent to the property on the street."
5. Except as modified by this Resolution, Resolution 05-04 is affirmed as modified and the
appeal is granted and the decision of the Planning Commission is reversed.
PASSED, APPROVED AND ADOPTED this 21t! day of June 2005, by the following vote
AYES: Councilmembers Hildenbrand, McCormick, Oravetz and Mayor Lockhart
NOES: Council member Zika
ABSENT: None
ABSTAIN: None
ATTEST:
K'/G/6-21-05/reso 132
nea-Starbucks (Item 6.1)
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