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HomeMy WebLinkAbout6.1 ROWStPatrickWayCITY CLERK AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 16, 2003 SUBJECT: Public Hearing: Establish a Modified Right-of-Way Alignment for St. Patrick Way from Regional Street to Golden Gate Drive Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) 2) Draft Ordinance to Establish a modified Right-of-Way Line for St. Patrick Way Location Map RECOMMENDATION: 1) 2) 3) 4) 5) 6) Open Public Hearing Receive Staff Presentation Receive Public Testimony Close Public Hearing Deliberate Waive Reading and Adopt Ordinance to Establish a modified Right-of-Way Line for St. Patrick Way FINANCIAL STATEMENT: No financial impact at this time. Costs for acquisition of the land would be negotiated with the property owners at such time as the City funds this project as a Capital Improvement Project. DESCRIPTION: This is the second reading of a proposed ordinance that was introduced at the City Council meeting on December 2, 2003. The City is processing a minor revision to the established alignment for the portion of St. Patrick Way between Golden Gate Drive and Regional Street. The original alignment was approved by the City Council on October 10, 1988, via Ordinance No. 19-88. The City is in the process of reviewing development plans for properties that are proposed to be served by the St. Patrick Way extension, and in order to accommodate all the current and future uses by surrounding properties, a modification to the alignment is being proposed. Background: The Circulation Plan for the Dublin Downtown Specific Plan adopted in 1987 recommended changes to improve circulation in the downtown area. One such improvement was a new street parallel to and south of Dublin Boulevard, connecting Amador Plaza Road to Regional Street. The 68-foot right-of-way plan COPIES TO: Affected Property Owners I ~Cy% ITEM NO. ~ G:\DEVELOP\Cor-O-Van site\agst_2nd hearing_establish row St Patrick Wy.doc line included two 12-foot wide travel lanes, one 12-foot wide center two-way left-turn lane, an 8-foot wide parking area on one side, and an 8-foot wide sidewalk on both sides. On October 10, 1988, the City Council via Ordinance No. 19-88 established right-of-way lines for a new Parallel Road (now known as St. patrick Way) between Amador Plaza Road and Regional Street. On February 24, 1996, the City Council authorized a study to consider realigning the St. Patrick Way right-of-way line between Regional Street and GOlden Gate Drive at the request of Lincoln Properties, the owners of the shopping center to the north of the proposed road, in order to provide an area for future construction of loading docks behind the shopping center. The realignment of the established right-of- way line for St. Patrick Way between Regional Street and Golden Gate Drive was approved by the Planning Commission on September 24, 1996, and was presented to City Council on December 4, 1996. The City Council did not take action on the project because the property owners withdrew their request for realignment and noted their opposition to the road, realigned or not. The existing alignment, approved in 1988, remained. As part of the southbound 1-580/1-680 interchange flyover improvement project in 1998, the Department of Transportation (Caltrans) constructed a new southbound 1-680 on-ramp and off-ramp at Amador Plaza Road/St. Patrick Way, and also constructed the segment of St. Patrick Way from Amador Plaza Road to Golden Gate Drive within the adopted right-of-way plan lines for St. Patrick Way. This segment of St. Patrick Way is therefore complete, so no further action by the City is necessary. The City Council adopted the West Dublin BART Specific Plan on December 19, 2000, which affirmed the need for the extension of St. Patrick Way between Golden Gate Drive and Regional Street. The land uses permitted in the Specific Plan rely on access to St. Patrick Way between Golden Gate Drive and Regional Street, including the proposed West Dublin BART/Orix and AMB/Legacy Partners (Cor-O-Van) developments that are currently under review. To address past concerns regarding the adopted right-of- way alignment, as articulated by Lincoln Properties in 1996, the BART and AMB/Legacy developers assumed a right-of-way alignment that is consistent with the 1996 proposal. Since the 1996 proposal differs slightly from the alignment originally adopted in 1988, a modified alignment must now be established. I$stles ~ Establishment of Right-of-Way Line: The procedure for adopting a new roadway alignment is governed by Chapter 7.68 of the Dublin Municipal Code and by the Government Code. Government Code §65402 requires that property reserved for street purposes be in conformance with an adopted General Plan by the Planning Commission. Upon receiving a report and recommendation from the Planning Commission, the City Council can then, pursuant to the Municipal Code, adopt a Resolution of Intention designating the establishment of the right-of-way, thus notifying interested parties. A public hearing must subsequently be conducted to allow the City Council to hear testimony related to said establishment of right-of-way line. Finally, the City Council can adopt an Ordinance establishing the right-of-way line described in the Resolution, if apprOpriate, and have the Ordinance recorded with the County Recorder. Planning Commission: The Planning Commission reviewed the proposed modified right-of-way for St. Patrick Way at its meeting on November 12, 2003, and adopted Resolution No. 03-53, affirming that the revised alignment is in conformance with the City of Dublin General Plan. The Planning Commission also approved an Addendum to the Mitigated Negative Declaration for the revised alignment, and recommended that the City Council adopt a Resolution of Intention to establish a revised Right-of-Way Line for St. Patrick Way. 2 Resolution of Intention: A Resolution of Intention was adopted via City Council Resolution No. 226-03 on November 18, 2003, that set December 2, 2003, as the date for the first of two protest heatings. Said resolution was also published and posted along the street where the right-of-way lines are proposed as required by the Municipal Code to give interested parties notice of the first reading of the proposed Ordinance. Analysis: St. Patrick Way is identified as a major east-west road serving downtown Dublin as a connection to 1-680 orffoff ramps, allowing development of surrounding land uses per the West Dublin BART Specific Plan, The proposed alignment is generally consistent with the alignment proposed by the property owners in 1996, except that the width has been expanded 3 feet to the north along the approach to Regional Street to avoid the creation of an unusable remnant parcel. The ultimate right-of-way width for St. Patrick Way will therefore vary between 68 feet at the east end and 71 feet at the west end. The ultimate section will consist of two' 12-foot-wide travel lanes, a 12-foot-wide center two-way left-turn lane, an 8-foot-wide parking strip on the south side, and sidewalks that vary between 6 feet and 11 feet on both sides of the street. The St. Patrick Way improvements will assure safe and convenient access to abutting properties. The design will be based on a 25 mile per hour speed limit. Public Comment Requirements: The establishment of right-of-way lines is regulated by Chapter 7.68 of the Municipal Code. The Code allows any person with an interest in land affected by the proposed right-of-way alignment to file with the City Clerk a written objection, provided said objection is received prior to the Council's consideration of the alignment. The City Council shall hear all protests or objections filed, and then choose to sustain the objections and abandon the proceedings, deny the objections and by Ordinance establish said right-of-way lines, or offer changes and modifications as it shall determine proper. If adopted, the City Clerk shall record the Ordinance with the County Recorder. Draft Ordinance: The draft ordinance was introduced to the City Council at the first of two public hearings on December 2, 2003. At the hearing, Mr. Randy Bennett of Pan Pacific Retail Properties voiced concerns about impacts to the existing shopping center along the north side of the proposed road alignment. Mr. Bennett was specifically concerned about the potential loss of parking, impacts to delivery truck maneuverability, proposed curb cut locations, and compensation for the land to be eventually dedicated as right-of-way. Mr. Bennett agreed to meet with Staff to resolve these concerns. No written objections were received by the City Clerk. Recotntnendation : Staff recommends that the City Council (1) Open Public Hearing, (2) Receive Staff Presentation, (3) Receive Public Testimony, (4) Close Public Heating, (5) Deliberate, and (6) Waive reading and Adopt Ordinance to Establish a modified Right-of-Way Line for St. Patrick Way between Golden Gate Drive and Regional Way. ORDINANCE NO. - 03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN' ORDINANCE TO MODIFY AND ESTABLISH A RIGHT-OF-WAY LINE FOR ST. PATRICK WAY BETWEEN GOLDEN GATE DRIVE AND REGIONAL STREET The City Council of the City of Dublin does ordain as follows: WHEREAS, the City Council adopted Resolution No. 226 - 03 on'November 18, 2003, calling for a public hearing pursuant to the provisions of Sections 7.68.080 through 7.68.100 of the Dublin Municipal Code on December 2, 2003, at 7:00 p.m. in the City Council Chambers, 100 Civic Plaza, Dublin, California, to hear protests and objections to the realignment of the established right-of-way line for St. Patrick Way from Golden Gate Drive to Regional Street; and j WHEREAS, notice of said public hearing was duly given; NOW, THEREFORE, the City Council of the City of Dublin finds and does ordain as follows: SECTION 1. Pursuant to Dublin Municipal Code Chapter 7.68, the right-of-way lines previously established for St. Patrick Way by Ordinance 19-88 are hereby modified between Golden Gate Drive and Regional Street according to the Legal Description for St. Patrick Way, attached hereto as Exhibit A, and according to the Plat to Accompany. Legal Description for St. Patrick Way Right-of-Way Lines, attached hereto as Exhibit B, said Exhibits herein incorporated. SECTION 2. Section 7.68.150 (Previously established right-of-way lines) shall be amended to read: St. Patrick Way. From Golden Gate Drive to Regional Street. SECTION 3. The effect of said right-of-way lines shall be governed by the provisions of Dublin Ordinance No. 44-87, as amended. SECTION 4. This Ordinance shall become effective thirty (30) days from and after its final passage and adoption by the City Council. The City Clerk of City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. SECTION 5. The City Clerk shall have a certified copy of this Ordinance recorded with the County Recorder's Office. PASSED, APPROVED AND ADOPTED this 16th daY of December, 2003. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk G:\DEVELOP\Cor-O-Van site\ordinance_ estab row St. Patrick Way.doc 2 EXHIBIT "A" Page 1 of 3 Pages LEGAL DESCRIPTION ST. PATRICK WAY Ali that certain real property situate in the-city of Dublin, county of Alameda, state, of California, described as follows: Being portions of Lot B, Lot C, Lot D and Lot E as said lots are shown on that certain Parcel Map No. 4224 filed February 6, 1984 in book 143 of maps at page 6, Alameda County Records, and a portion of Parcel~ C as said parcel is shown on, that., certain Parcel Map No. 1307 filed January 29, 1976 in book 89 of maps at page 8, Alameda County records, more particularly described as follows: Beginning at the northwesterly comer of said Parcel. C, said corner being, also. a point, in the southwesterly line of said Lot E; Thence along said southwesterly line of Lot E, and along the southwesterly line of said Lot B, said lines being also the northeasterly right of way line of Regional Street, North 20°51'45'' West, 108:00'feet to a point of cusp; Thence leaving said southwesterly line of Lot B, southeasterly along the arc of a 40.00-foot radius, tangent curve to the left, through a central angle of 67°40'45", an arc distance-of 47.25 feet to a point in. the southeasterly line-of said Lot B; Thence along said southeasterly line, North 69°08'15' East, 299.64feet; Thence leaving said southeasterly line, northeasterly along the arc of a 416.00-foot radius, non-tangent curve to. the left; the center of which curve' bears North 27°44'40'' West, through a central angle of 7°09'15", an arc distance of 51.94 feet; Thence North 55006'05'' East, 91.76 feet; Thence northeasterly along the arc of a 1034.00-foot radius, tangent curve to the right, through a central angle of 15000'48", an arc distance of 270.94 feet; Thence North 74°56'57" East, 57.1'1 feet; Thence northeasterly along the arc of a 400.00-foot radius, tangent curve to.the left, through a central angle of 11 °08'14", an arc distance of 77.75 feet: Thence.North 63°48'43'' East, 332.06 feet; Z:~DRAW~001\A1604\DOCS\ST PATRICK WAY. DOC EXHIBIT "A" Page 2 of 3 Pages Thence northeasterly and northwesterly along the arc of a 40.00-foot radius, tangent curve to the left, through a central angle of 84040'28", an arc distance of 59.11 feet to a point of cusp, said point of cusp being a point in the northeasterly line. of said Lot. C, said line being also the southwesterly right of way line of Golden Gate Drive; Thence along said: no~heasterly line. of Eot C, and along, the northeasterly tine-of said Lot E, the following' three courses: t. 'South 20°51 '45" East, 33.43 feet; Southeasterly along the arc of a 34.00-foot radius, tangent curve to the right, through a central angle of 35°56'58'', an arc distance of 21.33 feet to a point of reverse curvature; and 3. Southeasterly along the arc of a 50.00-foot radius, tangent, curve, to the left, through a central angle of 83°06'15", an arc distance' of 72.52 feet; Thence continuing, along said, northeasterl:y line', of Lot C, and along the northeasterly line of said Lot D, South 20°51'45'' East, 29.25 feet' to a paint of cusp; Thence leaving said northeasterly line of Lot D, northwesterly and southwesterly along the arc of a 40.00-foot radius, tangent curve to the left, through a central angle of 95°1'9'32', an arc distance of 66.55 feet; Thence South 63048'43'' West, 296.18 feet; Thence. southwesterly .along the. arc of a 484.00-foot radius, tangent curve to. the right, through a central angle-of 9°27'40'', an arc distance of 79.92 feet; Thence South 73016'23, West, 30.97 feet; Thence southwesterly along the arc of a 966.00=foot radius, tangent curve to the left, through a central angle of 18°10'1'8", an arc distance of 306.37 feet; Thence South 55006'05'' West, 91.76 feet; Z:\DRA~&2001'C,1604~DOCS\ST PATRICK WAY. DOC EXHIBIT "A" Page 3 of 3 Pages Thence southwesterly along the arc of a _484.00-foot radius, tangent curve to the right, through a central angle of 14°02'10", an arc distance of 118.57 feet to a point in the northwesterly line of said Parcel C; Thence along said northwesterly line, South 69°08'15" West, 234.60 feet; Thence leaving said northwesterly line, southwesterly and southeasterly along the arc of a 40.00-foot radius, tangent Curve to the left, through a central angle of 90°00'00'', an arc distance of 62.83 feet to a point in the 'southwesterly line of said Parcel C; Thence along said southwesterly line, North 20°51 '45" West, 40.00 feet to the POINT OF BEGINNING. Containing 85,572 square feet, more or less. END OF DESCRIPTION Kier & Wright Civil Engineers & Surveyors, inc. License expires 6-30-~ ~ /o ? .1 Date Z:\DRAVW2001V~1604~:)OCS\ST PATRICK WAY.DOC 3AI~O3±¥D N3OIOD ~ 1:93~1.LS 9VNOID3~t ,00'S't, I u Nt,,Sb', t 5.0~N ~OWEN~ ~