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HomeMy WebLinkAbout11-22-2005 PC Minutes Planning Commission Minutes CALL TO ORDER/ROLL CALL A regular meeting of the City of Dublin Planning Commission was held on Tuesday, November 22,2005, in the Council Chambers located at 100 Civic Plaza. Chair Schaub called the meeting to order at 7:00 pm. Present: Chair Schaub, Commissioners Biddle, King, Fasulkey and Wehrenberg; Chris Foss, Acting Planning Manager; John Bakker, Assistant City Attorney; Mamie Nuccio, Associate Planner; Jeff Baker, Associate Planner; Eddie Peabody, Planning Consultant; Renuka Dhadwal, Recording Secretary; and Rhonda Franklin, Secretary. ADDITIONS OR REVISIONS TO THE AGENDA - None MINUTES OF PREVIOUS MEETINGS - Minutes of 11-8-05 were approved as submitted. ORAL COMMUNICATION - None CONSENT CALENDAR - None WRITTEN COMMUNICATIONS - None PUBLIC HEARINGS 8.1 P A 05-038 Fallon Village Development Agreement - A Development Agreement for the northerly 488 acres of Fallon Village owned/ controlled by Braddock and Logan (aka Dublin RE Investors). Chair Schaub asked for the staff report. Jeff Baker, Associate Planner, presented the specifics of the project as outlined in the staff report. Cm. King asked the difference between the $2.5 million and the $3.5 million community benefit payment component. Mr. Baker responded that as part of the preliminary affordable housing proposal submitted by Braddock and Logan and reviewed by the City Council, the Developer will be making a payment of $1 million to the City which is above and beyond the units being provided as affordable. Cm. King questioned whether the actual percent of affordable housing in the Plan recommended during the last hearing would go down. Staff replied that it would not go down. The affordable housing proposal will go to City Council and not the Planning Commission. Cm. King verified that it is not a payment in lieu of affordable units, it is an above and beyond payment. 'Nanning Commission 'J<.s.gufar :Muting 157 :/I[rvcmher 22, 200S Cm. King verified that it is not a payment in lieu of affordable units, it is an above and beyond payment. Cm. Wehrenberg questioned what the community benefit is as far as the $2.5 million payment. Mr. John Bakker, Assistant City Attorney, responded that the payment would go into the general fund and the City could it use for any necessary improvements that would be a benefit to the entire community. Cm. Fasulkey asked if this fund would be used to offset the cost of the Historic Park area that may be acquired. Mr. Bakker responded that perhaps it might be used for that purpose. Cm. Biddle commented that he appreciates Exhibit B in the submittal package that depicts roads, interchanges, intersections, and pedestrian level overpasses, etc. Chair Schaub opened the public hearing. Hearing no comments, Chair Schaub closed the public hearing. On a motion by Cm. Biddle, seconded by Cm. Fasulkey, and by a vote of 5-0-0, the Planning Commission unanimously adopted: RESOLUTION NO. 05 - 062 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND DUBLIN RE INVESTORS PROJECT P A 05-038 8.2 P A 05-017 <Adjudicatory Action) Bischoff Garage Conversion Conditional Use Permit to convert an existing two-car residential garage into living space at 7609 Landale Avenue. Chair Schaub asked for the staff report. Cm. Fasulkey recused himself from hearing the item for a non-monetary conflict issue. Mamie Nuccio, Associate Planner, presented the specifics of the project as outlined in the staff report. Chair Schaub sought clarification on the vote of the item presented to the Planning Commission a couple of weeks ago in which the Planning Commission voted 3-2-0 to not recommend any garage conversions. The City Council voted 4-1-0 in favor of garage conversions that meet the updated criteria. 'P[attning Commission 'J<.s.gufa:r ~eeting 158 Cfiovemher 22, 200S Cm. King asked which ordinance would govern the current application. Ms. Nuccio responded that Mr. Bischoff's proposed application would be governed under the existing ordinance because it was submitted prior to any recommended changes; however, the amendments have not been adopted by the City Council. Mr. Foss pointed out that the second reading of the new Ordinance would be on December 6, 2005. Cm. King sought clarification on whether the Planning Commission has within its discretion to approve this request until such time the new Ordinance takes effect. Ms. Nuccio responded that is correct. Chair Schaub opened the public hearing. Mr. Michael Bischoff, property owner of the project site, stated that he was hoping that some of the supporters of the project were going to attend the meeting. Seeing none, he pointed out that not one resident within the 300-foot noticing radius of the property was in attendance to oppose the project. He continued to state his reasons in support of the project and offered to the Planning Commission .several rough drawings of altemate ideas for the garage conversion. Mr. John Bakker stated that it would be difficult for the Planning Commission to consider alternate architectural designs at this point in the process. Mr. Bakker asked Staff to clarify whether Mr. Bischoff would be precluded from submitting alternate plans for a building permit under the new Ordinance. Ms. Nuccio stated that he would not be precluded. Mr. Bakker indicated that under the new Ordinance (which would not be in effect until 30 days from 12/6/05), Mr. Bischoff could submit a new request under the new Ordinance. Chair Schaub asked Mr. Bischoff to summarize his concerns. Mr. Bischoff reiterated his reasons for the conversion and asked the Planning Commission to approve the request. Cm. King questioned the issue of whether the garage door should remain or be turned into a solid wall with a window. Mr. Bischoff described his ideas for changing the garage door into a solid wall. Cm. King questioned Mr. Bischoff on his flexibility in leaving the garage door. Mr. Bischoff stated he was flexible. Cm. King asked about the 36- square foot addition to the garage. Mr. Bischoff stated that this addition would extend the garage 18-20 inches into the driveway. Cm. Wehrenberg asked whether Mr. Bischoff would do the work himself or hire a contractor. Mr. Bischoff stated that he would do some of the work himself and hire contractors for the specialty work. Cm. Biddle stated that in view of the fact that the City Council is in the process of approving a new garage conversion Ordinance with one of the stipulations being that the garage door would have to stay in place, Mr. Bischoff could resubmit the application to conform to the new Ordinance. Cm. Biddle indicated that Staff could help Mr. Bischoff in resubmitting his request under the new Ordinance. Mr. Bischoff stated his concerns for having his request denied. Mr. Bakker explained the process of appeal and application resubmittal for the benefit of Mr. Bischoff and the Planning Commission. pfanning Commission 'J<.s.gufar'Meeting 159 :N.rvemher 22, 200S Cm. King asked for clarification on the new proposed Ordinance; whether the garage door had to remain or whether a fa<;ade could replace it. Mr. Foss stated that there could be no modifications to the garage door and windows could only be added to the sides of the garage. Mr. Foss stated that the intent of the new Ordinance would be to keep a garage door of some type. Mr. Bakker stated that Mr. Bischoff could put in a new garage door, and then submit a building permit request consistent with the new Ordinance. Chair Schaub stated that the intent was to keep the areas that are not part of the common interest community consistent with the architecture that was approved for that community when it was first built. Chair Schaub reminded the Planning Commissioners that they need to make findings and that they are required to make decisions based strictly on land use. Chair Schaub stated that part of Staff's findings included compatibility issues and architectural and landscape considerations. On a motion by Cm. Biddle, seconded by Chair Schaub, by a vote of 4-0-1, with Cm. Fasulkey abstaining to vote, the Planning Commission adopted the following resolution as recommended by Staff. RESOLUTION NO. 05-63 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ADOPTING A RESOLUTION DENYING A REQUEST FOR A CUP TO CONVERT AN EXITING TWO-CAR RESIDENTIAL GARAGE INTO LIVING SPACE AT 7609 LAND ALE A VENUE PROJECT P A 05-017 NEW OR UNFINISHED - OTHER BUSINESS - Mr. Foss pointed out that December 13,2005 meeting would start at 5 PM due to the joint meeting with City Council to discuss the First Time Homebuyer's Program. Mr. Foss stated that due to the holidays the December 27, 2005 Planning Commission meeting would be canceled. Cm. King requested status on the report (requested by the Mayor) on projects that interface with Dublin Blvd. before the last of the projects in the City are built. Mr. Foss stated that he would check with Ms. Ram and will get back to the Planning Commission. Mr. Foss introduced the new Community Development Department Secretary, Rhonda Franklin, to the Planning Commission. Pfamti:ng Commi,sion 'J<.s.gufar ~eeting 160 :N.i>Vem6er 22, 200.) Mr. Foss introduced the new Community Development Department Secretary, Rhonda Franklin, to the Planning Commission. ADJOURNMENT - The meeting was adjourned at 7:45 pm. Respectfully submitted, /' cP---- Planning Commission Chair AT& Planning ~ P[anning Commiss'<on 'R!gular <Meetitlg 161 9{pvemher 22, 200S