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HomeMy WebLinkAbout07-28-2009 PC Minutes~ ~. ~~ ~-~'l Planning Commission Minutes r ~ Tuesday, July 28, 2009 CALL TO ORDER/ROLL CALL A regular meeting of the City of Dublin Planning Commission was held on Tuesday, July 28, 2009, in the City Council Chambers located at 100 Civic Plaza. Chair Wehrenberg called the meeting to order at 7:00 p.m. Present: Chair Wehrenberg; Vice Chair King; Commissioners Schaub, Brown, and Swalwell; Jeff Baker, Planning Manager; Erica Fraser, Senior Planner; and Debra LeClair, Recording Secretary. Absent: None ADDITIONS OR REVISIONS TO THE AGENDA -NONE MINUTES OF PREVIOUS MEETINGS - On a motion by Cm. Brown, seconded by Cm. Schaub the minutes of the May 26, 2009 meeting were approved. On a motion by Chair Wehrenberg, seconded by Cm. Swalwell the minutes of the July 14, 2009 meeting were approved. ORAL COMMUNICATIONS -NONE CONSENT CALENDAR -NONE WRITTEN COMMUNICATIONS -NONE PUBLIC HEARINGS - 8.1 PA 07-028 Arroyo Vista (Legislative Action) -Planned Development Rezone with a Stage 1 and Stage 2 Development Plan. Erica Fraser, Senior Planner presented the project as outlined in the Staff Report. Chair Wehrenberg opened the public hearing and finding no one to speak on the project closed the public hearing. On a motion by Cm. Swalwell and seconded by Cm. Schaub, on a vote of 5-0, the Planning Commission approved: RESOLUTION N0.09- 32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ~Pfattning Commrssiott - 7ttty 28, 2009 ~gufar9Yfeeting 139 RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A PD PLANNED DEVELOPMENT REZONE AND A RELATED STAGE 1/STAGE 2 DEVELOPMENT PLAN FOR THE ARROYO VISTA PROJECT LOCATED AT 6700 DOUGHERTY ROAD (APN 941-0007-001-07) PA 07-028 8.2 PA 09-022 Waterford Place: (Quasi-Judicial) -Conditional Use Permit for a Minor Amendment to the Planned Development Zoning District (PA 00-003) for Waterford Place. Erica Fraser, Senior Planner presented the project as outlined in the Staff Report. Cm. Schaub felt that the uses being added are simple, reasonable uses and was surprised they were not initially included in the Planned Development. Ms. Fraser answered when the PD was established the Applicants submitted the list of uses that they wanted for their site. She continued it has been nine years and things have changed and they would like to add some allowed uses. She stated that the City's Zoning Ordinance requires that any modification must go to the Planning Commission for approval and not all minor amendments will be this simple. Cm. Schaub asked if there is a comprehensive list of the allowable uses in the Commercial Zones that would include these uses. He felt that some of the uses on the list should already be allowed. Chair Wehrenberg agreed. Cm. King felt that uses should be zoned in a category not a specific list. He asked why Hooters, which is zoned for a restaurant use, was treated differently. Ms. Fraser answered that Hooters is in the typical C-2 zoning district with a list of allowable uses. She continued that this project is in nontraditional zoning where they can submit their own list of uses. She stated that Waterford established their list of uses allowed on the site, as well as a different parking requirement. She stated that there are many items that the Applicant can create as part of the Planned Development. In this case, the items being added were not on the original list of items, and therefore not allowed on the site. Chair Wehrenberg asked if the Planning Commission could add more uses to the list to prevent another request from coming back to the Commission. 4~lanning Commission 7++~y 2$ 2009 4~gufnrMeeting 140 Ms. Fraser answered yes, and stated that with this list of added uses they would now have almost everything under the C-21ist. Jeff Baker, Planning Manager mentioned that when Staff reviews a project they refer to the list of allowable uses and if there is not a specific use on the list they look for the most similar use. He continued that by amending the list it helps to clarify the specific, allowable uses for the site. Chair Wehrenberg asked if the original Conditions of Approval would apply to this list. She was concerned with outdoor displays. Ms. Fraser answered that there are two different kinds of outdoor displays; one through a Temporary Use Permit for a specific day and time, and the other is permitted by Conditional Use Permit for outdoor displays on a permanent basis. She continued that since outdoor display by CUP is not on the list it would not be allowed. Chair Wehrenberg responded that the development guidelines for the center for setbacks, entrances, etc., would have to be followed. Ms. Fraser answered yes. Cm. Schaub commented that most of the time the tenants are unknown at the time the project is approved but also wanted to ensure that a use is appropriate if not on the list. He felt that parking problems could be an issue with too many restaurants with different parking requirements. He asked why not allow the entire C-2 list of uses when approving a Planned Development. Ms. Fraser answered that would be the option of the developer if they wanted whatever the C-2 list of uses are. She felt that would not provide the developer with the flexibility they may want and sometimes both the developer and the City want to limit certain types of uses. Cm. Swalwell was concerned that parts of Dublin near Village Parkway and Amador Valley Blvd. were planned 20 years ago creating a bodge-podge of uses. He felt it was impossible to plan the area because tenants are locked into long-term, affordable leases with little incentive to leave. He was concerned that in a landlord's effort to fill tenant spaces the City would see uses that don t really fit the concept of Waterford Place. He felt that Waterford Place is a young urban professional, energetic place. He continued he was not sure that the new list would attract the same type of interest with a household repair shop or tutoring and education service, which is needed but they could end up with incompatible businesses with a bad economy and low rent. He asked if there was anything the Planning Commission could do about that. Ms. Fraser answered that his concern with Village Parkway is the reason there is a list of uses and not a straight C-2 zoning at Waterford Place. She continued that C-2 zoning allows a wide variety of uses, which is the reason there are automotive repair shops, car washes, etc. Those are not allowed in Waterford because the list of allowed uses is pared down, therefore there would not be some really incompatible uses with this type of shopping center where there are people shopping, eating and walking around. She stated that with the inclusion of some of these uses, while a little different, they stIll fit in with this type of center. She stated that the PCanning Commission ,7uCy 28, 2009 Rtggufar~V(eeiing 141 problem on Village Parkway is not that it wasri t planned well, but that the C-2 zoning allows a wide variety of uses. Cm. Swalwell asked if she felt comfortable that these uses wori t discourage the foot traffic that makes Waterford Place so thriving. Ms. Fraser answered yes. Cm. Schaub mentioned that the Village Parkway area also has some light industrial areas not only the C-2 zoning areas. Chair Wehrenberg felt there would be a different mix of people during the day then during the evening. Cm. King agreed that there are areas the City wants to have the Young Urban Professional look and feel. He stated that he had asked the previous Community Development Director if the City could lean on owners of older strip malls to improve their property and the director pointed out that if they did improve their property they would raise the rents and force small shops out of the community. Cm. King stated that the small shops such as vacuum cleaner repair are not professionals but still a needed service to the community. He asked if there is a good balance between east and west Dublin regarding these types of services. Mr. Baker stated that the City Attorney has given an opinion that if a Commissioner lives within 500 feet of a project that Commissioner is not able to act on the project. It was determined that Cm. Swalwell lives within 500 feet of the Waterford Place Shopping Center. He recused himself from acting on the project and left the meeting. Chair Wehrenberg opened the public hearing and hearing no persons to speak on the project closed the public hearing. Chair Wehrenberg stated she is in support of project. Cm. Brown asked if an indoor gardening supply and nursery is a compatible land use. Chair Wehrenberg stated it could be a small shop with pottery, silk plants, and sort of a boutique but not an actual outdoor nursery. She stated that her earlier question regarded outdoor displays versus indoors. Cm. Brown mentioned Longs Drugs which has a small outside display nursery. Cm. King asked if Cm. Brown was concerned outdoor displays. Cm. Brown answered yes and felt that a gardening supply and nursery was not a compatible use. Ms. Fraser stated it would have to be allowed under permitted or conditionally permitted uses and it is not on the list therefore there can be no outside display. Manning Commission ,7uly 28, 2009 ~¢gufar Meeting 142 On a motion by Cm. Schaub and seconded by Cm. Wehrenberg, on a vote of 4-0, with Cm. Swalwell abstaining, the Planning Commission approved: RESOLUTION N0.09-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL U5E PERMIT FOR A MINOR AMENDMENT TO THE PLANNED DEVELOPMENT ZONING DISTRICT (PA 00-003) FOR WATERFORD PLACE (FORMERLY EMERALD GLEN VILLAGE CENTER) TO EXPAND THE LIST OF PERMITTED AND CONDITIONAL COMMERCIAL USES PA 09-022 NEW OR UNFINISHED BUSINESS -NONE OTHER BUSINESS -NONE 10.1 Brief INFORMATION ONLY reports from the Planning Commission and/or Staff, including Corrunittee Reports and Reports by the Planning Commission related to meetings attended at City Expense (AB 1234). ADJOURNMENT -The meeting was adjourned at 7:32 p.m. Respectfully submitte i Doreen Wehrenbe Chair Planning Co 'Sion A' Jeff Bakel Planning G: \MINUYES\2009\PLANNING CONIMISSION\7.28.09.doc Planning Corrtmission 9uCy 28, 2009 R~gufar9Keeting 143