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CITY COUNCIL AGENDA ITEM NO. 9

Meeting Date: April 25, 2006

Subject/Title: Waive second reading and adopt Ordinance No. 825 for a Rezone (RZ 06-03) to change the zoning from Neighborhood Commercial (C-1) to Planned Development 69 (PD-69) in order to adopt specific uses and development standards for a 4.47-acre site generally located on the vacant land at the southwest corner of the intersection of Griffith Lane and Balfour Road, west of the In-Shape City fitness center.

Prepared by: Debbie Hill, Associate Planner

Submitted by: Howard Sword, Community Development Director
____________________________________________________________________________

RECOMMENDATION
The Planning Commission and staff recommend the City Council waive the second reading and adopt Ordinance No. 825 approving a rezone from Neighborhood Commercial (C-1) to Planned Development 69 (PD-69) in order to adopt specific uses and development standards to accommodate the 49,112 square foot City Block commercial project and adopt the Mitigated Negative Declaration prepared for the project.

BACKGROUND
At its meeting of April 11, 2006, the City Council introduced and waived the first reading of Ordinance No. 825. This ordinance adoption establishes a new planned development zone (PD-69) establishing specific permitted and conditionally permitted uses, as well as prohibited uses, and creates development standards for the zone.

FISCAL IMPACT
There would be no fiscal impact to the City. The project involves only the regulation of use and development standards and the establishment of an area map.

Attachments:
1. Ordinance No. 825

ORDINANCE NO. 825

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING REZONE 06-03 BY ADDING CHAPTER 17.526 TO THE BRENTWOOD MUNICIPAL CODE ESTABLISHING PLANNED DEVELOPMENT SIXTY-NINE (PD-69) FOR 4.47 ACRES GENERALLY LOCATED ON THE VACANT LAND AT THE SOUTHWEST CORNER OF THE INTERSECTION OF GRIFFITH LANE AND BALFOUR ROAD, WEST OF THE IN-SHAPE CITY FITNESS CENTER.

WHEREAS, K & E Properties has initiated a rezone from Neighborhood Commercial (C-1) to Planned Development 69 (PD-69) in order to adopt specific uses and development standards for 4.47 acres of vacant land generally located at the southwest corner of the intersection of Griffith Lane and Balfour Road, west of the In-Shape City fitness center; and

WHEREAS, on March 21, 2006, the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 06-16 which recommended the approval of the rezone from C-1 to PD-69; 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 as the uses set forth in the new planned development zoning are consistent with General Commercial uses as defined in the General Plan.

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 in that the developer has concurrently processed a design review application on this site.

3. The project will result in more commercial development to serve the needs of the retail and office users of the Brentwood community.

B. Hereby, approves Rezone 06-03 as requested adding Chapter 17.526 to the Brentwood Municipal Code, as reflected below:

CHAPTER 17.526
PD-69 (PLANNED DEVELOPMENT SIXTY-NINE) ZONE

CITY BLOCK

17.526.001 AUTHORITY, PURPOSE AND INTENT
17.526.002 PERMITTED USES
17.526.003 CONDITIONALLY PERMITTED USES
17.526.004 PROHIBITED USES
17.526.005 REGULATIONS FOR LOT AREA, YARDS, HEIGHT AND RELATED MATTERS
17.526.006 OTHER REGULATIONS
17.526.007 PLANNED DEVELOPMENT 69 AREA MAP

17.526.001 AUTHORITY PURPOSE AND INTENT:

The authority, purpose and intent for the adoption of the PD-69 (Planned Development 69) Zone are as follows:

Authority: PD-69 is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones – General Regulations of the Brentwood Municipal Code.

Purpose: The purpose of the PD-69 zone is to permit and regulate the development of the City Block project, generally located west of Griffith Lane, and south of Balfour Road, in accordance with the Brentwood General Plan for general commercial uses.

Intent: The PD-69 Zone is intended to provide for general commercial uses including retail uses, office uses, service uses and restaurant uses in conformance with the adopted General Plan.

17.526.002 PERMITTED USES:

The following uses are permitted in the PD-69 zone:

A. General retail uses and convenience retail uses such as a bakery, pastry shop, bookstore, candy store, florist, newsstand, stationary/gift shop, ice cream parlor, supermarket, drugstore and similar uses;

B. Service uses such as laundromat, laundry or dry cleaning pickup station, shoe repair, beauty and barber shop;

C. Professional and business offices;

D. Restaurant or café less than 2,500 square feet per establishment restricted to sit-down or take-out facility only;

E. Automatic teller machine; convenience banking center, full service bank, and other financial institutions;

F. Similar uses subject to the approval of the Community Development Director.

17.526.003 CONDITIONALLY PERMITTED USES:

The following uses are permitted only on the granting of a conditional use permit pursuant to Chapter 17. 830.

A. Restaurant or café over 2,500 square feet restricted to sit-down facility only;

B. On-sale or off-sale liquor establishments;

C. Medical and dental offices;

D. Nursery, child care, day care center, meeting hall or fraternal hall, community center, health club facilities or recreational/ exercise class facilities;

E. Other uses that the Community Development Director determines, because of type of operation, material stored or sold, or other special circumstances require special consideration and regulation through the conditional use permit procedure.

17.526.004 PROHIBITED USES:

The following uses are strictly prohibited within the PD-69 zone:

A. Gas station, service station, and auto services or repair; car wash facilities;

B. Motor vehicle sales or rentals, recreational vehicle sales or rentals;

C. Drive-in and drive-thru uses;

D. Light industrial and manufacturing uses;

E. Funeral services, mortuaries and crematoriums;

F. Animal boarding facilities;

G. Self-service storage facilities;

H. Outdoor storage; outdoor display unless approved through the Temporary Use Permit process.

17.526.005 REGULATIONS FOR LOT AREA, YARDS, HEIGHT AND RELATED MATTERS:

A. Minimum Lot Area – Four acres except that a master planned shopping center may be subdivided into parcels having a minimum lot area of ten thousand square feet;
B. Minimum Lot Width – One hundred fifty feet except in the event of subdivision pursuant to Subsection A above;
C. Minimum Street Frontage – Three hundred feet except in the event of subdivision pursuant to Subsection A where frontage is not required provided perpetual access is provided by easements;
D. Minimum Street Frontage Yards: Ten feet, which shall be screened if required pursuant to Chapter 17.630;
E. Minimum Non-Street Frontage Yards for Property Lines Adjoining Residentially-zoned Property – Fifty feet, which shall be screened if required pursuant to Chapter 17.630;
F. Minimum Non-Street Frontage Yards for Property Lines Adjoining Non-Residentially-zoned Property – Ten feet, which shall be screened if required pursuant to Chapter 17.630
G. Maximum Building Height – The maximum height of all structures shall be two stories not to exceed thirty feet.

17.526.006 OTHER REGULATIONS:

A. Refuse Disposal Enclosure. All facilities shall provide masonry refuse disposal enclosures with exterior surfaces that are compatible with adjacent buildings and that adhere to City standards and specifications. Refuse pick-up shall be prohibited between the hours of 6:00 p.m. and 7:00 a.m.

B. Parking Lot Design and Development Standards. All facilities shall comply with the design and development standards of Chapter 17.620.

C. Energy Conservation. All facilities shall, to the greatest extent possible, incorporate energy conservation measures in conformance with City standards and subject to design review approval.

D. Advertising Signs. All signs shall adhere to the approved Master Sign Program for this project.

E. Landscaping and Screening. All facilities shall provide landscaping and screening in accordance with Chapter 17.630 of the Brentwood Municipal Code.

F. Security Measures. All facilities shall provide security measures in accordance with City standards and subject to design review approval.

G. Illumination of Parking Facilities and Structures. All facilities shall provide adequate lighting or illumination of parking facilities and structures pursuant to Chapter 17.620 of the Brentwood Municipal Code. All lighting fixtures shall be a minimum cut-off classification. All pole-mounted and building-mounted lighting fixtures shall be mounted at a maximum 20 ft. height above the finished grade. Additionally, any building-mounted fixtures on the rear of the buildings abutting residential areas shall have any light fixtures mounted as low on the building wall as determined feasible by the Community Development Director.

H. Design and Site Development Review. The design and site development review procedure contained in Chapter 17.820 of the Brentwood Municipal Code shall apply to new structures within PD-69.

17.526.007 PLANNED DEVELOPMENT 69 AREA MAP:
 

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