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CITY COUNCIL AGENDA ITEM NO. 18

Meeting Date: April 11, 2006

Subject/Title: Introduce and waive the first reading of an ordinance for a Rezone (RZ 06-05) to modify the Planned Development (PD-18) zoning designation for Shadow Lakes to clarify uses and development standards within this zoning designation by creating zoning subareas and related text changes. The Shadow Lakes project area is bounded generally by Balfour Road on the south, the Hwy 4 Bypass on the east, the Brentwood Hills subdivision on the north, and Special Planning Area R on the west.

Prepared by: Debbie Hill, Associate Planner

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
The Planning Commission and staff recommend that the City Council introduce and waive the first reading of an ordinance approving a zoning amendment to Planned Development 18 in order to clarify uses and development standards within this zoning designation by creating zoning subareas and related text changes.

PREVIOUS ACTION
Planned Development 18 was approved by the City Council on August 25, 1992, and subsequently amended twice to accommodate approved development projects.

BACKGROUND
At the February 21, 2006, Planning Commission meeting, the Commission unanimously voted to approve the zoning amendment which would clarify uses and development standards within this zone and create a correlating subarea map.

PROJECT DESCRIPTION
The proposed rezone would clarify the uses and development standards to reflect current development within Planned Development 18 and create subareas for the zone.

ANALYSIS
The PD-18 zoning designation was created approximately 13 years ago. Several changes have been made, including removal of the Siena Village (the Cox Property) from the boundaries of this district and the replacement of the original church site with a fire station and office building. These changes were not reflected in the text or exhibits for this PD-18 zoning district. The proposed changes to the text of the Brentwood Municipal Code along with the new subarea map shown in the attached ordinance reflect the current development within the zone.

FISCAL IMPACT
There would be no fiscal impact to the City. The project involves only clarification of the text and minor revisions reflecting current development in the zone, and establishment of a subarea map.

Attachments:
1. Ordinance amending Planned Development 18

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE ZONING AMENDMENT (RZ 06-05) BY AMENDING CHAPTER 17.468 OF THE BRENTWOOD MUNICIPAL CODE FOR PLANNED DEVELOPMENT EIGHTEEN (PD-18) GENERALLY LOCATED NORTH OF BALFOUR ROAD, EAST OF THE HIGHWAY 4 BYPASS, SOUTH OF THE BRENTWOOD HILLS SUBDIVISION AND EAST OF SPECIAL PLANNING AREA R (SPA R).

WHEREAS, the City of Brentwood has initiated a zoning amendment to amend the Planned Development 18 (PD-18) zoning designation for Shadow Lakes to clarify uses and development standards within this zoning designation by creating zoning subareas and make related text changes, and adopt a subarea map for this zone which is generally located north of Balfour Road, east of the Highway 4 Bypass, south of the Brentwood Hills subdivision and east of Special Planning Area R (SPA R); and

WHEREAS, on February 21, 2006, the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 06-10 which recommended the approval of the zoning amendment for Planned Development 18; and

WHEREAS, a Notice of Exemption has been prepared for this project as projects of this type involving minor land use changes are categorically exempt from the requirements of CEQA, Categorical Exemption 15305 – Minor Alterations in Land Use Limitations; therefore, no additional environmental documentation is necessary; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Brentwood Press on March 31, 2006, for the purpose of reviewing the application, considering the Planning Commission’s action and considering all comments made by the public with respect to this proposed zoning amendment; and

WHEREAS, after the close of the public hearing, the City Council considered all public comments received both before and during the public hearing, the presentation by City staff, the staff report, which includes an analysis of the consistency of the proposed project with all other goals and policies of the City and the General Plan, and all other pertinent goals, policies, regulations and documents regarding the proposed zoning amendment; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood:

A. Hereby finds that:

1. The project is consistent with the existing General Plan land use designation.

2. The project is consistent with the City’s previously expressed intent to adopt development standards prior to or in conjunction with the approval of any specific projects.

3. The project is consistent with the development within the Planned Development 18 zoning designation.

B. Hereby, approves Rezone 06-05 as requested amending Chapter 17.468 to the Brentwood Municipal Code, as reflected below:

PD-18 (PLANNED DEVELOPMENT 18) ZONE
DEVELOPMENT STANDARDS

Shadow Lakes (VTSM 7705)

Sections:
17.468.001 Authority, purpose and intent.
17.468.002 Permitted uses.
17.468.003 Conditionally permitted uses.
17.468.004 Residential densities and other uses.
17.468.004 Regulations for lot area, density, yards, height and related matters--Development plan required.
17.468.005 Other regulations.
17.468.006 Subarea Map

* Prior ordinance history: Ordinances 518, 519 and 524

17.468.001 Authority, purpose and intent.
The authority, purpose and intent for the adoption of the PD-18 (Planned Development Eighteen) zone is as follows:

A. Authority. PD-18 zone is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones--General Regulations.

B. Purpose. The purpose of the PD-18 zone is to permit and regulate development of the 441± acres within the zone of the planned development/specific plan area A as designated by the city general plan.

C. It is intended that in order to achieve the purpose of the PD-18 zone of implementing the development of single-family housing and commercial uses, said zone district shall be divided into several subareas as shown in Section 17.468.006 of this chapter and made a part of this chapter, and as further described below. The primary uses intended for this area shall consist of single-family and multi-family residential, neighborhood commercial, planned employment center, office, park and open space uses. (Ord. 524 (part), 1993)

17.468.002 Permitted uses.
The following uses are permitted within the PD-18 zone:

Subarea A. Single-Family Residential.
1. Those uses which are permitted uses within the R-1 (single-family residential) zone.

Subarea B. Neighborhood Commercial.
1. Convenience retail uses such as a bakery, pastry chop, bookstore, candy store, florist, newsstand, stationery/gift shop, ice cream parlor, supermarket, drugstore and similar uses.
2. Services uses such as Laundromat, laundry or dry cleaning pickup station, shoe repair, beauty and barber shop;

3. Financial institutions;

4. Those uses which are permitted in Subarea C – Office.

Planned Employment Center

Subarea C. Office.

1. Business and professional offices such as architects, attorneys, accountants, engineers, insurance agency, travel agency, real estate, medical, dental, dental laboratory, optical clinics, title companies, financial institutions, automatic teller machine (ATM); other professional and general business offices and data processing facilities. Both single and multi-tenant office uses are permitted.

2. Service uses including addressing and mailing service, blueprinting, printing and photostating service; drafting service; messenger service; television, computer, radio and appliance repair; stenographic service; telegraph office; answering service; private postal box service; and similar services typically associated with administrative and professional offices. Automotive, boat, recreational vehicle or similar sales and/or service are specifically prohibited;

3. Information data processing facilities.

4. Storage, warehousing and warehousing uses which include a small percentage of office uses, such as including, but not limited to, general contractors, plumbing contractors, and electrical contractors, etc., provided that there is no outdoor storage.

5. Finish product assembly such as computer assembly, bookbinding and garment manufacturer;

6. Commercial uses or retail sales including but not limited to commercial uses which may or may not manufacture their primary product on the premises such as drapery shop, cabinet shop, upholstery shop, carpet sales, spa sales, sales of building supplies, satellite dish sales and furniture sales.

Subarea D. Open Space
1. Parks and related facilities.

Subarea E. Future Use to be determined by subsequent zoning ordinance amendment by the Planning Commission and City Council.

17.468.003 Conditionally permitted uses.
The following uses require special consideration and approval of a conditional use permit in accordance with Chapter 17.830:

Subarea A. Single-Family Residential.
2. Those conditionally permitted uses within the R-1 (single-family residential) zone.

Subarea B. Neighborhood Commercial.
1. Restaurant or café restricted to sit down facility only, excepting a drive-thru coffee use approved only for the east end of the building located at 390 West Country Club Drive approved with Design Review 04-37, and on and off sale liquor establishments.

2. Convenience banking center, automatic teller machine, drive-in or drive-thru establishments relating to permitted uses in the zone, excluding a drive-in or drive-thru restaurant.

3. Nursery, child care, day care center, meeting hall or fraternal hall, community center.

4. Those uses which are conditionally permitted in Subarea C – Office.

Planned Employment Center

Subarea C. Office.
1. Hospitals; medical facilities; facilities for care of the elderly including residential, congregate residential and convalescent care;

2. Restaurants and other facilities serving employees;

3. Financial institutions; when less than three (3) such uses are located in the CB district, at the time of application for a discretionary approval by the City or, if no discretionary approval is needed, at the time of initial nondiscretionary approval, e.g., building permit or certificate of occupancy.

4. Health club, reducing studio or recreational club.

5. Veterinary clinic.

6. Public and quasi-public use such as government office, library, employment office, utility offices, and similar uses, including daycare facilities.

7. Similar uses subject to the approval of the Zoning Administrator.

Subarea D. Open Space.
1. Golf course and associated uses, including the clubhouse, driving range, etc.

Subarea E. Future conditionally permitted uses to be determined by subsequent zoning ordinance amendment by the Planning Commission and City Council.

17.468.004 Residential densities and other uses.

In no case shall residential densities or total permitted units exceed the number shown in Attachments A and B, attached to the ordinance codified in this chapter and made a part of these regulations. All other permitted uses shall be in locations as identified in Attachments A and B. (Ord. 524 (part), 1993)

17.468.004 Regulations for lot area, density, yards, height and related matters--Development plan required.

Attachments A and C, attached to the ordinance codified in this chapter, include approximately four hundred forty-one acres of property bounded by Balfour Road, the city limit line, and ECCID lateral No. 7. Before development can occur on approximately thirty acres, as described in Attachment B, this zone district must be amended to include a development plan and accompanying regulations. This development plan shall be approved by the planning commission and city council. The plan shall establish standards for lot area, density, yards, height and parking, and shall also contain provisions governing design and site review, landscaping plans, hillside development and grading, and related matters. Except as otherwise specified in the regulations so adopted, development of the PD-18 zone shall be in accordance with existing city standards for the uses shown in city council Resolution No. 92-112 (General Plan Amendment)

Subarea A. Single-Family Residential.
1. Minimum lot area: the minimum lot area shall be six thousand square feet;

2. Minimum lot width: the minimum lot width shall be sixty feet. Cul-de-sac lots shall have a mini-mum lot width of sixty feet as measured parallel thirty feet back from the front property line;

3. Minimum lot frontage: the minimum lot frontage shall be one-half of the required minimum lot width;

4. Minimum front yard setback: the front yard setback shall be twenty feet as measured from the property line to the face of the garage and fifteen feet to any building facade or side entry garage;

5. Minimum side yard setbacks: side yard setbacks shall be fifteen feet aggregate, with five feet being the minimum as measured from the building foundation. Corner lots shall maintain a minimum side yard on the street side of ten feet. Minimum distance between houses shall be fifteen feet;

6. Minimum rear yard setback: the minimum rear yard setback shall be fifteen feet with an overall average setback of twenty feet as measured from the building foundation;

7. Maximum building height: the maximum building height for all structures shall be two stories, not to exceed thirty-five feet. Split-level lots may be three stories, which do not exceed thirty-five feet in height as measured from the lowest pad elevation on the lot;

8. Architectural Design.
a. Three-car garages including golf cart garages shall be allowed on lots over sixty feet wide, and four-car garages shall be allowed on lots over eighty feet, provided that any garage does not exceed thirty-two feet in width, as measured at the garage door face. All third or fourth car garages shall be offset from the main plane of the house,

b. Dual side entry four-car garages shall be allowed on lots over eighty feet wide as long as there are two separate garage structures,

c. A single off-set four-car garage may have a reduced inside length of eighteen feet,

d. All front entry doors shall be visible from the street and shall provide a minimum of two steps into the house,

e. The use of stone and masonry accent material is encouraged. The use of a variety of roof materials (tile, fire retardant shake) is encouraged,

f. A variety of architectural designs shall be used in clusters throughout the development area. The exact design shall be determined at the time of design review.

Subarea B. Neighborhood Commercial.
1. Minimum lot area: the minimum lot area shall be 0.80 acres;

2. Minimum street frontage yard: the minimum street frontage yard consisting of building frontage along all public streets shall be twelve (12) feet which shall be landscaped. A public sidewalk shall be included within this required width;

3. Minimum non-street frontage yard: the minimum non-street frontage yard shall be zero feet except that the minimum building setback from a residential zone shall be twenty (20) feet, which shall be landscaped;

4. Maximum building height: the maximum building height shall be two stories, not to exceed thirty-five feet.

Subarea C. Office.
1. Minimum lot area: the minimum lot area shall be 1.00 acre;
2. Minimum street frontage yard: the minimum street frontage yard consisting of building frontage along all public streets shall be fifteen (15) feet which shall be landscaped. A public sidewalk shall be included within this required width;
3. Minimum non-street frontage yard: the minimum non-street frontage yard shall be zero feet except that the minimum building setback from a residential zone shall be twenty-five (25) feet, which shall be landscaped;
4. Maximum building height: the maximum building height shall be two stories, not to exceed thirty-five feet.

Subarea D. Open Space
1. Parks and open space shall be substantially as approved with VTSM 7705.

Subarea E. Future development standards to be determined by subsequent zoning ordinance amendment by the Planning Commission and City Council.

17.468.005 Other regulations.

A. Landscaping. The landscaping standards for this development area shall comply with the regulations contained in Chapter 17.630, titled Landscaping and Screening. , except as provided below:

1. Street Trees. Street trees are required to be planted on all streets within the development area, as indicated on Attachment A attached to the ordinance codified in this chapter. Tree spacing shall be staggered thirty feet on center on the parkway, and an average of thirty feet on center on other, residential streets. This also includes the Balfour Road frontage adjacent to soundwalls. Trees along the golf course frontage on Balfour Road should be clustered to allow views into the golf course;

2. Entryway Design and Balfour Road Landscaping. The design of the entryways shall consist of signage, landscaping, hardscape and other materials in the development area shall be reviewed by the planning commission. Landscaping and soundwall design shall be consistent along Balfour Road;

3. Graded Slope Landscaping.
a. All graded slopes shall require revegetation with native plant species, which are indigenous to the Brentwood area, whenever possible, to retain natural character, maintain views and contribute towards slope stabilization,

b. To ensure safe fire protection, fuel modification zones utilize plant materials that provide a gradual transition to natural vegetation to avoid hard planted edges,

c. Landscape plans for all graded slope areas shall be reviewed by the fire chief, planning commission, and other interested parties prior to implementation.

B. Parks and Open Space. All park areas and any relevant open space areas or alterations thereto shall require design review by the Parks Commission planning commission prior to final tract map approval, for each park in that particular tract. Facilities to be included in each park are as follows:

1. Mini-parks (0-2 acres)
a. Free play lawn area,
b. Shade landscaping,
c. Benches and low seat walls,
d. Picnic table with barbeque,
e. Other facilities required at the time of park plan submittal;

2. Neighborhood Parks (2.1+ acres)
a. Play equipment such as swings, slides, jungle gyms and climbing apparatus,
b. Softball and Little League field, including, but not limited to, bleachers, dugouts, skinned infield, etc.,
c. Volleyball pit, par course, full-court basketball,
d. Picnic tables, barbecue pits, drinking fountains,
e. Restrooms,
f. Other facilities required at the time of park plan submittal;

3. Open Space.
a. Areas to remain as open space, as indicated on Attachment A on the approved Subarea Map as Subarea D attached to the ordinance codified in this chapter, may be required to be offered for dedication as part of a public open space or park system. Where such offer of dedication is not accepted, the development shall provide legal arrangements, acceptable to the council, sufficient to assure the maintenance and preservation of such open space for whatever purpose it is intended. Covenants or other legal arrangements shall specify the ownership of the open space; method of maintenance; responsibility for maintenance; maintenance; taxes and insurance; compulsory membership and assessment provisions; guarantees that any association formed to own and maintain common open space will not be dissolved without the consent of the council; and any specification deemed necessary to the city,

b. All ungraded open space areas shall remain in their natural state, with no additional plantings,

c. All property described on Attachment A attached to the ordinance codified in this chapter, approved as a golf course shall remain as open space, until such time as a golf course is deemed necessary for implementation. At no time shall any residential development occupy that area designated as a golf course,

d. Public play shall be provided to the golf course, at such time a golf course is warranted for development. The exact terms and agreements between the developer and the city shall be negotiated prior to opening of the course.

C. Hillside Development and Grading. This subsection pertains to the design and development of prominent hilltop and ridgeline areas as shown on Attachment A attached to the ordinance codified in this chapter. This section is required due to the physical nature of the property. All requirements for development, as outlined in PD-18, shall be complied with in addition to this subsection.

1. Ridge Views. Off-site views of distant ridgelines as seen off-site (looking west, and northwest) should not be impaired and shall be protected;

2. Pad Grading.
a. All 2:1 slopes shall not exceed twenty feet between pads, shall be located in rear or side yards, and shall be hidden from public view. All plot plans shall give final pad elevations and top of slope elevations for each lot,
b. Every means shall be undertaken to provide split-level lots (vertical and horizontal) which correspond to the natural contour,
c. All building pads that do not drain to the street shall have drains installed in the rear portion of the lot for horizontal rear yard split-level lots. All other lots shall drain to the front of the lot and away from the house foundation. Individual lot drains shall be installed, where necessary;

3. Contour Grading. Cut and fill slopes shall be designed without long uninterrupted flat surfaces, meaning that the slopes shall be sculptured with existing contour and without sharp angles of intersection at top and bottom of slopes. Slopes shall be rounded at top and bottom, and wherever constructed slopes shall blend with existing topography;

4. Erosion Control. Slope and pads graded and left longer than ninety days should be hydroseeded or planted with nonirrigated materials and allowed to naturalize. During the rainy season (October 15th through April 15th), slopes and pads graded and left longer than thirty days should be hydroseeded or planted with nonirrigated materials and allowed to naturalize;

5. Wall and Fence Location. All masonry soundwalls, park, golf course and “good neighbor” fences shall be set back a minimum of one foot at the top of slope. All lots which abut the golf course shall have a six-foot high wrought iron fence with brick columns or similar materials planned for project consistency set at thirty-foot intervals;

6. Architectural Design. This subsection is to provide direction for the design and construction of homes within this subarea, due to the physical nature of this subarea.
a. A variety of roof orientations and types which emphasize roof pitches reflecting the overall slope of the hillside are required,
b. Large, two-story unbroken wall expanses which face public view shall be avoided, such wall expanses shall be enhanced through varied architectural elements,
c. Exterior finishes of dwelling units and structures shall blend in with natural surroundings of the area and shall not dominate the natural environment,
d. The need for building skirting shall be kept at a minimum by stepping the foundation and using appropriate hillside architectural designs,
e. Building height and scale shall respond to the existing terrain,
f. All side split-level lots shall be limited to a two-car garage. However, through the design review process, a third car garage may be allowed if the garage is side entry and offset from the main plane of the house.

D. Streets.
1. Street Standards.
a. All public and private street standards within the development area shall conform with those standards adopted by the department of public works for residential collector and cul-de-sac streets. However, the Parkway road East Country Club Drive and West Country Club Drive which provides access to the project shall have a ROW of ninety-six feet. Single loaded parkway areas next to the golf course shall have a reduced street width, eliminating the parking lane. The road standard shall be shown on an approved vesting tentative map.

b. Private streets within gated areas shall be allowed to have a sidewalk on one side of the street only.

c. All on-street parking and sidewalks shall be eliminated on streets which abut the golf course;
2. Light Standards. Street lights for the parkway and local residential streets, pedestrians and lights for walkways shall be staggered on each side of the street, and the standards for the public streets shall be approved by the department of public works. In no case shall lighting spill over into private lots from neighborhood commercial, park and driving range facilities. (Ord. 524 (part), 1993)

A. Off-street parking shall be provided pursuant to Chapter 17.620 and Section 17.100.004H.

B. The parking and storage of boats, trailers and similar vehicles and equipment shall be subject to the provisions of Section 17.620.016.

C. Accessory buildings and structures shall be permitted pursuant to the provisions of Chapter 17.660.

D. Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660.

E. Uses within the neighborhood commercial and office areas and the PEC areas shall comply with those development standards as defined in Section 17.200.003.

F. Uses within the neighborhood commercial area and office areas and the PEC areas shall comply with those performance standards as defined in Section 17.200.004.

G. With the PEC, the minimum lot area shall not apply under the following circumstances:
2. Subdivision map would create lots for condo-minimum units for commercial uses and the area of the map is twenty thousand square feet;
3. Parking, driveways, landscaping and other facilities are owned in common and maintained by an association.

G. Design review applications for the homes shall be limited to the first one hundred lots, in one hundred-lot increments.

H. Fifty percent of the homes along the Delta Expressway and Balfour Road shall be single-story.

H. The development of PD-18 shall be substantially in accord with the development plan, Attachment A attached to the ordinance codified in this chapter.

I. Design and site development review shall be required for all housing units pursuant to Sections 17.100-.003, 17.100.004H and Chapter 17.820.

J. A master plotting plan, illustrating the placement of the house plans, shall be submitted for each phase or tract of development.

K. The use of model home complexes shall be allowed within a recorded tract and subsequent tracts throughout the development plan are subject to the issuance of a temporary use permit as required by Chapter 17.850.

L. All development shall comply with Chapter 17.805, titled Phased Development Plan and that all adequate agreements between the developer(s) and the city are in place (financing mechanisms, phasing, etc.) prior to approval of any tract map(s). (Ord. 524 (part), 1993)

17.468.06 Subarea Map
 

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