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HomeMy WebLinkAboutResolution 2013-145 N.C.S. 10/7/2013 Resolution No. 2013-145 N.C.S. of the City of Petaluma, California RESOLUTION OF THE CITY OF PETALUMA CITY COUNCIL MODIFYING CONDITION 11 OF PREVIOUSLY APPROVED RESOLUTION 2009-076 N.C.S. FOR LOGAN PLACE UNIT DEVELOPMENT PLAN 08-SPC-0525 WHEREAS, Section 19.040.E. of the City of Petaluma Implementing Zoning Ordinance acknowledges that modification of an approved Unit Development may be necessary and desirable from time to time; and, WHEREAS, Section 19.040.E.3. of the City of Petaluma Implementing Zoning Ordinance specifies that modification of an approved Unit Development Plan shall be made by resolution of the City Council after receipt of recommendation of the Planning Commission; and, WHEREAS, on April 17, 2009 at a duly noticed public hearing the Planning Commission recommended City Council approval of the Logan Place PUD and associated Development Plan to allow a 66-unit multi-family affordable housing community to be constructed and managed by Burbank Housing; and, WHEREAS, on May 18, 2009 at a duly noticed public hearing the City Council adopted Ordinance No. 2325 N.C.S. (Logan Place PUD) and associated resolution No. 2009-076 N.C.S. approving the Logan Place Unit Development Plan; and, WHEREAS, at the May 18, 2009 meeting the City Council added condition 11 to Resolution No. 2009-076 N.C.S. requiring the installation of a gate along the south property line to allow pedestrian access between the Logan Place development and the adjacent Petaluma Bounty Farm; and, WHEREAS, on June 25, 2009 the Site Plan and Architectural Review Committee approved the final design of the Logan Place Project, including the gate that had been incorporated into the site plan in response to the City Council's condition; and, WHEREAS, during the development of construction level plans an approximately three foot grade difference was determined to exist between the Logan Place property and the neighboring land leased by Petaluma Bounty, where no grade change had previously been anticipated; and. WHEREAS, it was determined that the installation of a gate would require extensive concrete ramping to meet all applicable ADA requirements for the gate and associated path and resulting in significant changes to the approved site plan; and, WHEREAS, the requirement to install the gate would have significant financial and insurance related impacts to the two non-profit groups which were not anticipated during approval of the Unit Development Plan; and, Resolution No. 2013-145 N.C.S. Page 1 WHEREAS, Burbank Housing has requested that Condition 11 be modified to eliminate the requirement to install a gate between Logan Place and the Petaluma Bounty Farm; and, WHEREAS, on September 24, 2013, the Planning Commission considered the request and related staff report and received and considered all written and oral public testimony submitted up to the time of the public hearing in accordance the City of Petaluma Implementing Zoning Ordinance; and, WHEREAS, at that hearing, the Planning Commission unanimously recommended that the City Council modify Condition 11 to eliminate the requirement to install a gate between Logan Place and the Petaluma Bounty Farm; and, WHEREAS, on October 7, 2013, the City Council considered the request and related staff report and received and considered all written and oral public testimony submitted up to the time of the public hearing in accordance the City of Petaluma Implementing Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds that the proposed modifications to the Logan Place Unit Development Plan to eliminate the requirement to install a gate would not significantly alter the approved project or unit development plan and that all findings made by the City Council for the original approval of the plan remain in place as follows: • The Unit Development Plan clearly results in a more desirable use of land and in a better physical environment than would be possible under any single zoning district. The Logan Place project creates a neighborhood at 23.5 units to the acre with ample usable and centrally located open and community space (rather than requiring more parking than needed or one type of height separation when another type will serve as well), making development of this land under the Logan Place PUD more desirable than development under standard MUIA zoning. Furthermore, the 66 residential units will rent at a rate affordable for those earning 30 to 60 of the area median income and will be affordable for at least 55 years furthering the City affordable housing goals. Elimination of the gate between Logan Place and Petaluma Bounty properties does not significantly alter the site layout from that originally approved by the City Council with the Unit Development Plan. • The PUD District is proposed on property which has a suitable relationship to one or more thoroughfares and said thoroughfare is adequate to carry any additional traffic generated by the development. The Project sits directly on Petaluma Boulevard North and access to the 66 apartment units will be via one of two proposed or existing driveways. The traffic impact study prepared for the proposed project concluded that levels of service(LOS) at the studied intersection would be unchanged at LOS A, in the existing condition, if project traffic were added. The study also concluded that the intersection would be at LOS C in the morning and LOS D in the evening under both the future conditions scenario and the future plus project conditions scenario. In conclusion when the subject site is fully developed the study intersection is expected to operate at the same level in both the existing and the projected future condition, with or without the project. The proposed Resolution No. 2013-145 N.C.S. Page 2 modification to Condition 11 does not alter the studied traffic patterns or volumes associated with the Logan Place project. • The plan for the proposed development presents a unified and organized arrangement of buildings and service facilities which are appropriate in relation to adjacent or nearby properties and adequate landscaping and/or screening is included if necessary to insure compatibility. SPARC was supportive of Logan Place site plan and elevations. The project landscaping plan called for trees to be planted along all of the property lines that adjoin existing uses as well as Petaluma Boulevard North. Elimination of the required gate on the southern property boundary will preserve the approved landscaping plan that was reviewed and approved by SPARC and will not alter the arrangement of the buildings or service facilities. • The natural and scenic qualities of the site are protected with adequate available public and private spaces designated on the Unit Development Plan. The project site lacks any significant natural or scenic qualities with the exception of the 0.05-acre wetlands which fall under the jurisdiction of the Army Corps of Engineers, who, in a letter dated August 2009, permitted the wetlands to be filled based on conditions that include purchase of the equivalent amount of seasonal wetland credits. The project includes many amenities including large outdoor common areas, a turf play area, two play structures, a sport/basketball court, and an indoor community room with a kitchen. A third of the apartments have a private deck or patio. Modification to Condition 11 to eliminate the gate will not change the interior layout of the site. Access to the Petaluma Bounty farm will be within a short walk and the two non-profit organizations (Burbank Housing and Petaluma Bounty) have indicated a commitment to collaboration in programming between the residents of Logan Place and the adjacent farm. • The development of the subject property in the manner proposed by the applicant will not be detrimental to the public welfare will be in the best interests of the City and will be in keeping with the general intent and spirit of the zoning regulations of the City of Petaluma, with the Petaluma General Plan, and with any applicable plans adopted by the City. An Initial Study that evaluated potential environmental impacts associated with the project determined that no significant unmitigated environmental effects would result from the Logan Place development. The project will help the City meet its goals for providing affordable housing for families and individuals. It is consistent with the Zoning Ordinance General Plan and Housing Element. Elimination of the required gate will not create a situation detrimental to the public welfare or an inconsistency with applicable zoning regulations or General Plan policies. Resolution No. 2013-145 N.C.S. Page 3 BE IT FURTHER RESOLVED that the City Council does hereby modify Condition 11 of City Council Resolution No. 2009-076 N.C.S. to eliminate the sentence reading: A gate to The Bounty Farm (along the southern boundary) is required. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the -ppr ved as to Council of the City of Petaluma at a Regular meeting on the 7'h day of October. f rtai: 2013,by the following vote: Cityltt .rney AYES: Barrett, Mayor Glass, Harris. Healy, Kearney. Miller NOES: None ABSENT: Vice Mayor Albertson ABSTAIN: None ATTEST: • ' City Clerk Mayor Resolution No.2013-145 N.C.S. Page 4