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HomeMy WebLinkAboutAttachmt 3 Reso CC Adopt Ordinance Rezoning Project Area etc. RESOLUTION NO. 07- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A PD-PLANNED DEVELOPMENT REZONING TO AMEND IHE STAGE 1 DEVELOPMENT PLAN AND APPROVE A STAGE 2 DEVELOPMENT PLAN I'OR THE WINDSTAR PROJECT (APN 941-1500-046-01) P A 06-009 WHEREAS, the Applicant, Windstar Communities, Inc., submitted applications for a 3.66 acre project area located within the West Dublin BART Specific Plan An:a. The applications include approval of a PD rezoning with: a) an amendment to a portion of the approved Stage 1 Development Plan (Ordinance 8-04, PA 03-033); and b) approval of a Stage 2 Development Plan for the project area, 3.66 acres located at 6600 Golden Gate Drive. The project proposes a total of 309 residential units and related site improvements, collectively the "Project"; and WHEREAS, the Project area is located at 6600 Golden Gatl~ Drive and the property is currently vacant; and WHEREAS, on March 16, 2004, the City Council approved a PD rezoning and related Stage 1 Development Plan for 6600 Golden Gate Drive (APN 941-1500-046, PA 03-033), Ordinance 8-04, incorporated herein by reference; and WHEREAS, upon preparation of the application described above, in May of 2007, the Applicant requested that the total number of residential units permitted on the site be increased by 99 units for a total of 309 residential units; and WHEREAS, on June 5, 2007, the City Council authorized the initiation of a West Dublin BART Specific Plan Amendment study request to study an increase in the allowable density for the Project site; and WHEREAS, the Applicant has submitted a complete application which is available and on file in the Planning Division for a Stage 1 Development Plan amendment and a Stage 2 Development Plan for the Project; and WHEREAS, the City has prepared a Mitigated Negative Declaration for the Project; and WHEREAS, on October 23, 2007, the Planning Commission adopted Resolution 07- recommending that the City Council adopt a Mitigated Negativl: Declaration, which Resolution is incorporated herein by reference; and WHEREAS, a Staff Report dated October 23, 2007 and incorporated herein by reference, described and analyzed the Project, including proposed amendments to the West Dublin BART Specific Plan and the PD rezoning with related Stage 1 and Stage 2 Developm<~nt Plan actions; and WHEREAS, the Planning Commission reviewed the Staff Report and the Mitigated Negative Declaration at a duly noticed Public Hearing held on October 23,2007 at which time all interested parties had the opportunity to be heard; and ATTACHMENT 3 WHEREAS, the Planning Commission did use its independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, based on the findings in the attached draft Ordinance, recommends that the City Council approve the ordinance attached as Exhibit A and incorporated herein by reference, which ordinance approves a PD rezoning including related amendment of the Stage 1 Development Plan and adoption 00 a Stage 2 Development Plan for the Windstar project (P A 06-009). PASSED, APPROVED, AND ADOPTED this 23rd day of October 2007 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager 2 ORDINANCE NO. 07- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************* APPROVING A PD-PLANNED DEVELOPMENT REZONING TO AMEND THE ADOPTED STAGE 1 DEVELOPMENT PLAN AND ADOPT A STAGE 2 DEVELOPMENT PLAN FOR THE WINDSTAR PROJECT (APN 941-150[)-046-01) P A 06-009 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. By Ordinance No. 8-04 the City Council rezoned the approximately 7.26-acre area known as 6600 Golden Gate Drive to the Planned Development Zoning District (P A 03-033) and adopted a Stage 1 Development Plan for the site (APN 941-1500-046). B. This Ordinance adopts an amendment to the Stage 1 Development Plan approved in Ordinance No. 8-04 by the City Council on March 16, 2004. C. This Ordinance also adopts a Stage 2 Development Plan for a portion of 6600 Golden Gate Drive for the Project known as Windstar. Section 2. FINDINGS AND DETERMINATIONS A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows: 1. The Winds tar Project Planned Development Zoning including an amended Stage 1 Development Plan and a Stage 2 Development Plan, mef.ts the purpose and intent of Chapter 8.32 because: it provides a comprehensive development :Jlan that is tailored to the residential land use proposed on the Project site and creates a desi:able use of land that is sensitive to surrounding land uses by virtue of the layout and design, which is adjacent to Golden Gate Drive and St. Patrick Way and is in close proximity to Dublin Boulevard, the 1-580 freeway and the West Dublin BART Station. 2. The PD rezoning with amended Stage 1 Development Plan and the Stage 2 Development Plan for Windstar will be harmonious and compatible with e;cisting and potential development in the surrounding area in that: 1) the land uses and site plan establish a residential development; 2) the proposed project is consistent with the type of development, high-density residential, envisioned in West Dublin BART Specific Plan and the Stage 1 Development Plan, as amended; 3) the project site has been designed to reduce impacts on the future adjacent residential development (AMB development) and to be compatible with the community- serving retail and offices in the vicinity; 4) the project sit::: includes attractive landscaping and site elements including a location for public art, street trees and light fixtures to create an attractive landscape palette for the site and create a pedestrian friendly environment on Golden Gate Drive and St. Patrick Way; 5) the residential development has been attractively designed Page 1 of7 EXHIBIT A and is compatible with the neighborhood in which it is located. and 6) the development has been designed to locate unsightly uses away from the adjacent future residential development. B. Pursuant to Section 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as follows: 1. The PD rezoning with amended Stage 1 Development Plan and the Stage 2 Development Plan for Windstar will be harmonious and compatible with existing and potential development in the surrounding area in that: 1) the land uses and site plan establish a residential development; 2) the proposed Project is consistent with type of development, high-density residential, envisioned in the West Dublin BART Specific Plan and the Stage 1 Development Plan, as amended; 3) the Project site has been designed to reduce impacts on the future adjacent residential development (AMB development) and to be compatible with the community- serving retail and offices in the vicinity; 4) the Project site includes attractive landscaping and site elements including a location for public art, street trees and light fixtures to create an attractive landscape palette for the site and create a pedestrian friendly environment on Golden Gate Drive and St. Patrick Way; 5) the residential development has been attractively designed and is compatible with the neighborhood in which it is located; and 6) the development has been designed to locate unsightly uses away from the adjacent future residential development. 2. The Project site is physically suitable for the type and ,'ntensity of the zoning district being proposed because: 1) the Project site will have a dersity of 84 units per acre which is consistent with the General Plan land use category ofHi~h-Density Residential which permits 25.1 units or more per acre and the amended Residential land use designation of the West Dublin BART Specific Plan; 2) the proposed Project will include a High-Density Residential project which is consistent with the General Plan land use designation of High-Density Residential; 3) the Project site was previously developed, but is currently vacant; 4) the site is flat and accessible by Golden Gate Drive an existing street and the extension of St. Patrick Way, which will be constructed adjacent to the site; and S) the site is near 1-580 and the future West Dublin BART station and is appropriately sited for infill high-density and transit- oriented development, and is therefore physically suitable for the type and intensity of the proposed Planned Development Zoning district. 3. The PD rezoning with amended Stage 1 Development Plan and the Stage 2 Development Plan will not adversely affect the health or safety of persons residing or working in the vicinity or be detrimental to the public health, safety and welfare because: the Project will comply with all applicable development regulations and standards and will implement all adopted mitigation measures. 4. The PD rezoning with amended Stage 1 Development Plan and the Stage 2 Development Plan is consistent with the Dublin General Plan and West Dublin BART Specific Plan because: 1) the proposed amendment to increase the number of residential dwellings on the site is consistent with the allowable General Plan High Density Residential uses and density,; 2) the proposed increase in the number of units permitted on the site is consistent with the goal of the West Dublin BART Specific Plan which seeks to locate residential dwellings in close proximity to transit opportunities and jobs thereby creatin 5 a transit oriented development, and which envisions a high-density residential project on tte Project site; and 3) the Windstar development includes an attractive development with a new building and landscaping which will promote visual interest of the site from the adjacent properties and the street and will promote a pedestrian friendly environment once the project is complete. Page 2 of7 C. Pursuant to the California Environmental Quality Act, the City Council finds as follows: I. Pursuant to the California Environmental Quality A~t (CEQA), a Mitigated Negative Declaration has been adopted for the Project (Resolution _, incorporated herein by reference) . Section 3. ZONING MAP AMENDMENT. Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code, the Dublin Zoning Map is amended to rezone the following property ("the Property") to a PD-I'lanned Development district: 3.66:i: net acres within Lot D of Parcel Map 4224 for PA 06..009 (APN 941-1500-046-01) located at 6600 Golden Gate Drive. A map of the rezoning area is shown below: Section 4. PLANNED DEVELOPMENT DISTRICT DEVELOPMENT PLANS The regulations for the use, development, improvement, and maintenance of the Project area are set forth in the Stage I Development Plan adopted through Ordinance __ and as amended below, which amendments are hereby approved, and set forth in the Stage 2 Deve opment Plan below, which is hereby approved. Any amendments to the Development Plans shall be ill accordance with Section 8.32.080, Planned Development Zoning District, ofthe Dublin Municipal Cod{ or its successors. PD-Planned Development Zoning District Amended Stage 1 Development Plan and StagE 2 Development Plan Windstar (P A 06-009) This is an amended Stage 1 Development Plan and a Stage 2 Develo Jment Plan pursuant to Chapter 8.32, Planned Development Zoning District, of the Dublin Zoning Ordinance for the Windstar portion of 6600 Page 3 of7 Golden Gate Drive, consisting of 3.66 acres. The amended Stage 1 Development Plan and the Stage 2 Development Plan for the Windstar Project were processed concurrently. Amended Sta2e 1 Development Plan. The Stage 1 Development Plan is approved through Ordinance 8- 04, except as specified below. 1. Stage 1 Proposed Density and Maximum Number of Rl:sidential Dwellings. The Stage 1 Development Plan is amended to increase the allowable density on tle site to 84 units per acre and allow a maximum of 309 units to be constmcted. 2. Stage 1 Site Plan. The Stage 1 site plan is amended as shown below. 3. General Plan and Specific Plan Consistency. The Windstar Project includes an amendment to the West Dublin BART Specific Plan. The Development Plan as amenc.ed remains consistent with the West Dublin BART Specific Plan. Sta2e 2 Development Plan: Refer to the Project plans labeled as Attachment to the _ City Council Staff Report received by the Planning Division on Octor er 10, 2007 and prepared by MVE Studio and The Guzzardo Partnership. 1. Statement of Compatibility with the Stage 1 Development Plan. An amended Stage 1 Development Plan was processed concurrently with the Stage 2 Development Plan, and approved as set forth earlier in this Ordinance. The Stage 2 Development Plan is consistent with the Stage 1 Development Plan as amended. 2. Statement of Proposed Uses. The uses for the site are as follows: Page 4 of7 A. Permitted Uses Permitted uses for Windstar are as follows: Accessory Structures and Uses (as permitted for the R-M Zoning District in the Zoning Ordinance) Community Care Facility/Small Home Occupations (per Chapter 8.64 of the Dublin Zoning Ordinance) Multi-Family Dwelling Parking Garage Private Recreation Facility (for homeowner's association ard/or tenant's use) including a pool, workout facility and clubhouse Small Family Daycare/Home All other uses which the Community Development DirectOl deems similar to the above uses or uses permitted under the R-M Zoning District B. Conditional Uses Conditional uses for Windstar are as follows: Community Care Facility/Large Large Family Day Care Home All other uses which the Community Development Director deems similar to the above uses or uses permitted under the R-M Zoning District C. Temporary Uses Temporary Uses shall be and are as follows: Sales Office!Model Home Complex Rental Office Temporary Construction Trailer All other uses deternlined by the Community Development Director to be temporary in nature and permitted by the Zoning Ordinance with a valid Temporary Use Permit 3. Stage 2 Site Plan. The Stage 2 Site Plan follows. Page50f7 4. Density and Site Area. The density and site are for the Projec' site follows. Site Area: Density: Number of Units: Unit Types: :1:3.66 acres (net) 84 dwelling units per acre (net) 309 dwelling units One Bedroom: Two Bedroom: Three Bedroom: 207 units 87 units 15 units 5. Development Regulations. The development regulations for Windstar are shown below. Unless otherwise stated below, all development regulations in this Stage 2 Planned Development Zoning District are subject to the requirements of the R-M Zonin:~ District. Development Standard Multi-Family Residential/Ancillary Commercial Lot Area: i:3.66 acres (net) Lot Dimensions: Lot Width: 420 feet along St. Patrick Way Lot Depth: 355 feet along Golden Gate Drive Setbacks: 8 feet (minimum) along St. Patrick Way 8'10 feet (minimum) along Golden Gate Drive 70 feet along the west property line 35 feet along the southern property line Page 6 of7 Heh?:ht Limits: Residential/Commercial 6 stories Structures 65 feet ReQuired Parkin2: Residential 435 spaces Guest Parking 44 spaces Total Parking provided 479 spaces 6. Site Plan and Architecture. See Project Plans labeled a~ Attachment _ to the _ City Council Agenda Statement. 7. Preliminary Landscape Plan. See Project Plans labeled as Attachment _ to the _ City Council Agenda Statement. Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36 J33 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED BY the City CCluncil of the City of Dublin, on this _ day of by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\PA#\2006\06-009 Windstar Condos - TMAP, SDR, PDlPD SDR Nov 2006\PC PH\Cc Ordinance P )[)Oc Page 7 of7