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HomeMy WebLinkAbout04-13-1999 PC MinutesA regular meeting of the City of Dublin Planning Commission was held on Tuesday, April 13, 1999, in the Dublin Civic Center City Council Chambers. Chairperson Hughes called the meeting to order at 7:00. ROLL CALL Present: Commissioners Hughes, Musser, and Oravetz; Eddie Peabody Jr., Community Development Director; Anne Kinney, Assistant Planner; and Maria Carrasco, Recording Secretary. Absent: Cm. Jennings, and Johnson With Chairman Jennings and Vice Chairman Johnson absent, Cm. Hughes assumed the role of Chairman for the meeting. PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Hughes led the Commission, Staff, and those present in the pledge of allegiance to the flag. The minutes from the March 23, 1999 were approved as submitted. ADDITIONS OR REVISIONS TO THE AGENDA - None ORAL COMMUNICATIONS - None WRITTEN COMMUNICATION Mr. Peabody stated that there is one minor correction to the Micro Dental Development Agreement and will explain it when the Commission hears that project. PUBLIC HEARING 8.1 PA 98-007 General Motors Automall - Development Agreement An Ordinance approving a Development Agreement between the City of Dublin, the County of Alameda, and General Motors Argonaut Holdings. Cm. Hughes asked for the staff report Planning Commission 47 April 13, 1999 Regular Meeting Mr. Peabody presented the staff report. He stated that the Commission would be presented with five different Development Agreements at tonight's meeting. The first project is PA 98-007 General Motors Automall Development Agreement. The General Motors Automall is located east Tassajara Creek and south of Dublin Blvd. He stated that the last Planning Commission meeting they went through the format for a development agreement. A development agreement is required by the Eastern Dublin Specific Plan. The development agreement identifies infrastructure improvements and information on credits and reimbursements. The development agreement is for the standard five-year time frame. He stated that they have been put together by staff with the City Attorney's assistance. The basic issues in the development agreement are road improvement for the area. The City, General Motors and Alameda County are in agreement with all aspects of the agreement. He asked if anyone had any questions. Cm. Oravetz asked about the street referred to as Miller Court. Mr. Peabody said the street would be called John Monego Court in honor of the Police Officer who was killed in the line of duty. Cm. Oravetz stated that four of the five agreements presented tonight are basically the same. He asked if they could be heard all at once. Mr. Peabody responded that each project would need to be heard separately. There maybe someone who wishes to comment on a project. Cm. Hughes opened the public hearing and asked if anyone had any comments; hearing none he closed the public hearing. On motion by Cm. Oravetz, seconded by Cm. Musser, with a vote of 3-0-2, with Cm. Jennings and Cm. Johnson absent, the Planning Commission adopted RESOLUTION NO. 99-13 RECOMMENDING THAT THE CITY COUNCIL ADOPT A DEVELOPMENT AGREEMENT FOR PA 98-007 THE GENERAL MOTORS AUTOMALL PROJECT 8.2 PA 98-035 Tassajara Meadows II - Development Agreement An Ordinance approving a Development Agreement between the City of Dublin, Alameda County Surplus Property Authority, and Mission Peak Homes. Cm. Hughes asked for the staff report Mr. Peabody stated that Tassajara Meadows II is a residential project on an 11-acre parcel that is being developed by Mission Peak. This particular development agreement relates to improvements for Tassajara Road and construction of Gleason Drive from Tassajara Creek to Tassajam Road. The development agreement has been reviewed by the City Attorney, Mission Peak and Alameda County. He asked if anyone had any questions. Cm Hughes opened the public hearing and asked if anyone wanted to address the Commission; hearing none he closed the public hearing. Planning Commission 48 April 13, 1999 Regular Meeting On motion by Cm. Musser, seconded by Cm. Oravetz with a vote of 3-0-2, with Cm. Jennings, and Cm. Johnson absent, the Planning Commission adopted RESOLUTION NO. 99-14 RECOMMENDING THAT THE CITY COUNCIL ADOPT A DEVELOPMENT AGREEMENT FOR PA 98-035, TASSAJARA MEADOWS II PROJECT 8.3 PA 98-055 Micro Dental - Development Agreement An Ordinance approving a Development Agreement between the City of Dublin, Alameda County Surplus Property Authority, and Micro Dental Laboratories. Mr. Peabody stated that Micro Dental project is located on Arnold Drive, adjacent to the Emerald Pointe project. This project is for a two-story office building. He stated that the City Attorney revised the development agreement after the packets were distributed and under Subsection c, Public Facilities Fees the last sentence in that paragraph Credits may not be used to offset such fees was deleted. There is very little off site improvements in the development agreement because most of the major off site improvements were covered by the Emerald Pointe development agreement which was approved some time ago. He stated that all three parties are in agreement and was available to answer any questions. Cm. Hughes opened the public hearing and asked if anyone had any questions; hearing none he closed the public hearing. On motion by Cm. Oravetz, seconded by Cm. Musser with a vote of 3-0-2, with Cm. Jennings and Cm. Johnson absent the Planning Commission adopted RESOLUTION NO. 99-15 RECOMMENDING THAT THE CITY COUNCIL ADOPT A DEVELOPMENT AGREEMENT FOR PA 98-055 THE MICRODENTAL LABORATORIES PROJECT 8.4 PA 98-063 Toll Brothers - Development Agreement An Ordinance approving a Development Agreement between the City of Dublin, Alameda County Surplus Property Authority and Toll Brothers. Cm. Hughes asked for the staff report Mr. Peabody stated the Toll Brothers project was located east of Tassajara Creek and north of Dublin Blvd. This is a residential project and recently approved by the Planning Commission and the City Council. The conditions again relate to transportation improvements adjacent to the property along Tassajara Road and freeway Planning Commission 49 April 13, 1999 Regular Meeting improvements as well. He has heard nothing but positive feedback from Alameda County and Toll Brothers. He asked if anyone had any questions. Cm Hughes opened the public hearing and asked if there were any questions; hearing none he closed the public hearing. On motion by Cm. Musser, seconded by Cm Oravetz with a 3-0-2 vote, with Cm. Jennings and Cm. Johnson absent the Planning Commission adopted RESOLUTION NO. 99-16 RECOMMENDING THAT THE CITY COUNCIL ADOPT A DEVELOPMENT AGREEMENT FOR PA 98-063 TOLL BROTHERS PROJECT 8.5 Dublin Ranch "Area A", "Areas B - E, F, G, & H" Development Agreement for PA 96-038 (Area A), PA 96-039 (Area B-E), PA 98-068 (Area F), PA 98-069 (Area G), & PA 98-070 (Area H) An Ordinance approving a Development Agreement between the City of Dublin, the Lin Family, c/o Ted Fairfield. Cm. Hughes asked for the staff report. Mr. Peabody stated that this development agreement is for Dublin Ranch Areas A-H and is more complicated and covers a much larger area. The City has put together a development agreement for the entire Dublin Ranch project with the exception of area 1, which is going to be developed by Shea Properties, MSSH Dublin Development, LLC; Centex Homes; MSSH Mayfield; and Standard Pacific. This development agreement covers the remainder of the Dublin Ranch property. He stated that this is a master development agreement. It is a master development agreement because it is specifically dealing with entitlements that have been granted as well as some conditions that relate how the property will handle infrastructure over the long haul. There will be other development agreements, which will implement various parts of the Dublin Ranch A-H. At later times when specific projects come in, there will be additional development agreements to finalize specific infrastructure needs that are required. He stated that they are subject to development impact fees and dedications and will require payment at the time the building permits are issued. He stated that item number 6 is a different concept that has been placed in this development agreement; a substantial amount of the major infrastructures (roads, sewer, water, and drainage) will be funded through an assessment district. The assessment district has now proceeded on to the City Council for their approval and the Council will review the development agreement along with the assessment district. The basic backbone infrastructure is estimated at approximately $55,000,000, which will be financed by this assessment district. Dublin Ranch Phase I is being developed by MSSH, Centex, and Standard Pacific was originally one Master Tentative Map; a portion of the property was developed in a similar fashion as a result, seven separate subdivisions were approved within the context of this one Master Tentative Map. There isn't any timing provisions within the development agreement; the developer will move ahead at whatever speed they feel is appropriate. There are several conditions regarding library and parkland, which are conditions not normally found in a development agreement. Staff felt that because this is a long-term development agreement, there should be other conditions above and beyond what is normally found in a development agreement. In the development agreement them is a statement related to a portion of the Dublin Ranch Holdings, called the Wallace Property, which has not been annexed to the City. It identifies that there is going to be a mutual interest on the part of the City, and the Wallace Property be annexed to the City and the developer has agreed that when that happens, all development impact fees will be paid at the time of annexation. The term of this agreement is for 20 years because Planning Commission 50 April 13, 1999 Regular Meeting it is a very large project; in excess of 1200 acres and the substantial amount of development that is going to occur. Staff feels it is appropriate to have a longer term than the standard five years. Cm. Hughes asked if anyone had any questions. Cm. Oravetz asked if there have been any plans like this in other areas. Mr. Peabody said yes, there have been some long term development agreements done. The City has been in discussion with the applicants on this project for over a year. It is a very large project and is not an easy task to deal with on how to ascertain the impacts on the City. The City feels it is a very positive agreement. Cm. Hughes asked if anything is built into agreement if the project stalls. He has seen a project in Tracy where the project stalled and it took a few years before it was completed. Mr. Peabody stated that the protection in this development agreement has provisions that guarantee certain issues have to be completed at certain times. The development agreement runs with the land. The assessment district will guarantee the long-term infrastructure. The assessments on property will be collected whether development will occur or not occur. There is a very strong commitment using that vehicle and it will be there when development occurs. Cm Hughes stated that public streets are not dedicated to the City until the project is completed. Mr. Peabody said that is true for most streets; but the assessment district will ensure that the public streets are completed and by City standards. The purpose of the assessment district is to do an acquisition district, where the developer will bill those improvements, the assessment district will pay back the developer and much of the major infrastructure will be put in early on to allow development to occur. He gave an example and explained that the proposal in the first assessment district is for major improvements to Dublin Boulevard and Central are put in right away before the development gets started. He stated that the use of the assessment district only covers about 20% to 25% of all the streets and roads, but the backbone improvements such as Gleason, Dublin Boulevard, Central, water and sewer will be put in as guaranteed so the area is open for development. Cm. Hughes, asked if the streets are put in and dedicated to the City and the project stalls, who maintains the streets. Mr. Peabody said if the streets are dedicated to the City the City would maintain them. Cm. Hughes said those monies will come from the General Fund without any monies coming in from the properties. Mr. Peabody said the assessments will be covered by the fact the property has assessments on it. The sequencing in which the assessment district is designed is in several phases. The area from Gleason going down to Fallon and the freeways is part of the assessment district. The first phase of improvements will occur in Town Center where the next phase of development for the Ranch is expected to occur. Cm. Hughes had a concern with two items in the development agreement; the first concern is the statement of the development has the right to develop on own time schedule and the other concern is the 20-year time frame. Roadways can deteriorate if not maintained and there are three projects that was only developed halfway through and sat for years and eventually the homes had to be tom down. Planning Commission 51 April 13, 1999 Regular Meeting Mr. Peabody said that this particular development agreement and the method the developers propose to develop the property those issues are highly minimized. He stated that only those improvements that are necessary for the particular project would be put in the sequence as the City sells the assessment district. The access will be provided to make the Town Center area available for development. When the Town Center starts development the infrastructure that will be put in will make it essential enough to develop the project entirely. The assessment district is designed that the bonds are sold to provide the necessary improvements for real development Cm. Hughes asked if anyone had any other questions. Marty Inderbitzen, Applicant, stated that he does not have anything to add to Mr. Peabody's report. He stated that he is available for any questions. The City has a choice to make on how the infrastructures will go in, in relationship to the phasing of development. The City wants to ensure that rather than have piecemeal construction of infrastructure as the property is being built, Mr. Peabody was adamant with having concise and functional pieces of infrastructure that will be functional and connect the property. The City is protected and the assessed value of the property will go up substantially. Cm. Hughes asked if anyone else had any questions. Cm. Oravetz stated that he liked the project and feels it is a win - win situation for the City. Cm. Hughes asked when the golf course would be available. Mr. Inderbitzen said he did not know the answer to that. Cm. Hughes asked who would design the golf course. Mr. Inderbitzen said the golf course has been designed by Robert Trent designs. A Master Tentative Map is being prepared for Area A which includes nine residential subdivisions plus the golf course. They will submit those to the City within the next couple of months. He stated that they have a federal permitting process to go through but they hope to have those plans in and completed by the end of the year. On motion by Cm. Musser, seconded by Cm. Oravetz, with a 3-0-2 vote, with Cm. Jennings and Cm. Johnson absent the Planning Commission adopted RESOLUTION NO. 99-17 RECOMMENDING THAT THE CITY COUNCIL ADOPT A DEVELOPMENT AGREEMENT FOR THE DUBL1N RANCH PROJECT - PA 96-038 (AREA A), PA 96-039 (AREA B-E), PA 98-068 (AREA F), PA 98-069 (AREA G), & PA 98-070 (AREA H) NEW OR UNFINISHED BUSINESS Mr. Peabody thanked the Commissioners for getting through the development agreements. Planning Commission 52 April 13, 1999 Regular Meeting ADJOURNMENT Being no further business, the meeting was adjourned at 7:50 p.m. Community Development Director Respectfully submitted, !~l~nin'g Commis~ioyChairpersonff Planning Commission 53 April 13, 1999 Regular Meeting