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HomeMy WebLinkAboutAgenda Report - February 7, 1996 PH (12)CITY OF LODE COUNCIL COMMUNICATION c�►rraww• AGENDA TITLE: Conduct a Public Hearing to: Consider the request of Dale Gillespie on behalf of Geweke Properties for a General Plan Amendment to redesignate a portion of the parcels at 570 East Taylor Road and 15201 North Lower Sacramento Road (APN's 027-050-14 and 23) from PR, Planned Residential and NCC, Neighborhood -Community Commercial to LDR, Low Density Residential and NCC, Neighborhood - Community Commercial. Consider the request of Dale Gillespie on behalf of Geweke Properties to prezone a 19.7 acre portion of the parcels at 570 East Taylor Road and 15201 North Lower Sacramento Road (APN's 027-050- 14 and 23), C -S, Commercial Shopping and a 17.3 acre portion of those parcels R-2, Single -Family Residential; and 3. to certify the filing of a Negative Declaration by the Community Development Director as adequate environmental documentation on the above projects. MEETING DATE: February 7, 1996 PREPARED BY: Community Development Director RECOMMENDED ACTION: That the City Council conduct a Public Hearing to: Consider the request of Dale Gillespie on behalf of Geweke Properties for a General Plan Amendment to redesignate a portion of the parcels at 570 East Taylor Road and 15201 North Lower Sacramento Road (APN's 027-050-14 and 23) from PR, Planned Residential and NCC, Neighborhood -Community Commercial to LDR, Low Density Residential and NCC, Neighborhood -Community Commercial. 2. Consider the request of Dale Gillespie on behalf of Geweke Properties to prezone a 19.7 acre portion of the parcels at 570 East Taylor Road and 15201 North Lower Sacramento Road (APN's 027-050-14 and 23), C -S, Commercial Shopping and a 17.3 acre portion of those parcels R-2, Single -Family Residential; and 3. to certify the filing of a Negative Declaration by the Community Development Director as adequate environmental documentation on the above projects. BACKGROUND INFORMATION: The above requests of Dale Gillespie on behalf of Geweke Properties were initiated by City Council action at its meeting of March 1, 1995. The matter was continued at the request of Mr. Gillespie so that Geweke Properties and the owners of the parcel to the south, across Kettleman Lane, could meet with Michael Friedman to discuss permitted land uses. Although the land use question has not been answered, a new problem appears to require the early annexation of these parcels. In December 1995, the Board of Supervisors unilaterally canceled the annexation property tax agreements effective June 13, 1996. The County is now seeking to split all taxes (i.e., property, sales, TOT etc.) on newly annexed property. AF=c;CVED. H. DIXON FLYNN City Manager CC9603.DOC Council Communication Meeting Date: February 7, 1996 Page 2 At the Planning Commission meeting of Monday, January 22, 1996, the Planning Commission recommended approval of the above requests by the following vote: Ayes: Commissioners McGladdery, Rasmussen, Rice, Stafford and Chairman Marzolf. Noes: Commissioners Lapenta and Schmidt. By the same vote, the Planning Commission recommended that the City Council make the following findings concerning the project: 1. That the Plot Plan (LMC 17.30. 100) and Development Schedule (LMC 17.30. 100) are not approved at this time; 2. that the Plot Plan and Development Schedule are held in abeyance until such time that the City Council, Planning Commission and property owners have agreed on a new zoning classification which will outline the permitted uses; and 3. that the approval is with the understanding that future development will conform and be consistent with the plans and policies of the Downtown Revitalization Plan. The LAFCO Executive Officer has informed the City that in order for an annexation to be considered at the April 19, 1996 ' LAFCO meeting, it must be received by his office by March 11, 1996. LAFCO policy requires that all property proposed for annexation must be prezoned. If the City Council fails to approve the prezoning, the annexation will not be accepted by the LAFCO staff. The General Plan Amendment is required because the commercial area is being reconfigured to decrease the frontage on Kettleman Lane and partially eliminate discussions with Cal Trans concerning driveway locations and possible additional stop lights. The reconfiguration will also make the commercial depth of Lower Sacramento Road the same as the eastside of the street (i.e., Agnanos property). FUNDING: None Required. n r� James B. Schroeder Community Development Director JBS/lw Daryl Geweke GPA, & Prezone 15201 N. Lwr. Sacramento 570 E. Taylor Rd. R-2 & ORDINANCE NO. 1622 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING THE LAND USE ELEMENT OF THE LODI GENERAL PLAN BY REDESIGNATING THE PARCELS LOCATED AT 570 EAST TAYLOR ROAD AND 15201 NORTH LOWER SACRAMENTO ROAD (APN's 027-050-14 AND 23) FROM PR, PLANNED RESIDENTIAL AND NCC, NEIGHBORHOOD - COMMUNITY COMMERCIAL TO LDR, LOW DENSITY RESIDENTIAL AND NCC, NEIGHBORHOOD -COMMUNITY COMMERCIAL BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: Section 1. The Land Use Element of the Lodi General Plan is hereby amended by redesignating the parcels located at 570 East Taylor Road and 15201 North Lower Sacramento Road (APN's 027-050-14 and 23) from PR, Planned Residential and NCC, Neighborhood -Community Commercial to LDR, Low Density Residential and NCC, Neighborhood -Community Commercial, as shown on the Vicinity Map, on file in the office of the Lodi City Clerk. Section 2 - No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 3 - Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. Section 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 5. This ordinance shall be published one time in the "Lodi News Sentinel", a daily newspaper of general circulation printed and published in the City of Lodi and shall be in force and take effect thirty days from and after its passage and approval. Approved this 21 st day of February, 1996 DAVID P. WARNER Mayor Attest: JENNIFER M. PERRIN City Clerk State of California County of San Joaquin, ss. I, Jennifer M. Perrin, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1622 was introduced at a regular meeting of the City Council of the City of Lodi held February 7, 1996 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held February 21, 1996 by the following vote: Ayes: Council Members - Mann, Pennino, Sieglock and Warner (Mayor) Noes: Council Members - Davenport Absent: Council Members - None Abstain: Council Members - None I further certify that Ordinance No. 1622 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. JENNI ER M. PERRIN City Clerk Approved as to Form: -r "00� RANDALL A. HAYS City Attorney ORDINANCE NO. 1623 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING THE OFFICIAL DISTRICT MAP OF THE CITY OF LODI AND THEREBY PREZONING THE PARCELS LOCATED AT 570 EAST TAYLOR ROAD AND 15201 NORTH LOWER SACRAMENTO ROAD (APN's 027-050-14 AND 23) TO C -S, COMMERCIAL SHOPPING AND R-2, SINGLE-FAMILY RESIDENTIAL, WITH A CONDITION RELATING TO SCHOOL FACILITIES FUNDING BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: Section 1. The Official District Map of the City of Lodi adopted by Title 17 of the Lodi Municipal Code is hereby amended as follows: The parcels located at 570 East Taylor Road and 15201 North Lower Sacramento Road (APN's 027-050-14 and 23) are hereby prezoned as follows: 19.7 acre portion C -S, Commercial Shopping and 17.3 acre portion R-2, Single -Family Residential, as shown on the Vicinity Map, on file in the office of the City Clerk. Section The above-described prezoning shall be conditioned upon the signing by the developer and/or owner of said parcels prior to the effective date hereof, of an agreement with Lodi Unified School District for the provision of school facilities funding. Failure to execute such agreement shall delete the parcel(s) subject thereto from the effects of this ordinance. Section 3. The alterations, changes, and amendments of said Official District Map of the City of Lodi herein set forth have been approved by the City Planning Commission and by the City Council of this City after public hearings held in conformance with provisions of Title 17 of the Lodi Municipal Code and the laws of the State of California applicable thereto. Section 4 - No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 5 - Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. Section 6. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 7. 'This ordinance shall be published one time in the "Lodi News Sentinel', a daily newspaper of general circulation printed and published in the City of Lodi and shall be in force and take effect thirty days from and after its passage and approval. Approved this 21 st day of February, 1996 DA D P. WARNER Mayor Attest: 9"44�Q) `-F-1-)xuc JENNIFLfR M. PERRIN City Clerk State of California County of San Joaquin, ss. I, Jennifer M. Perrin, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1623 was introduced at a regular meeting of the City Council of the City of Lodi held February 7, 1996 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held February 21, 1996 by the following vote: Ayes: Council Members - Mann, Pennino, Sieglock and Warner (Mayor) Noes: Council Members - Davenport Absent: Council Members - None Abstain: Council Members - None I further certify that Ordinance No. 1623 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. 4 JENNIFER M. PERRIN City Clerk Approved as to Form: u r ALL A. HAYS City Attorney CITY COUNCIL DAVID P. WARNER, Mayor PHILLIP A. PENNINO Mayor Pro Tempore RAY G. DAVENPORT STEPHEN J. MANN JACK A. SIEGLOCK January 24, 1996 Mr. Dale Gillespie clo Geweke Properties P.O. Box 1210 Lodi, CA 95241 H. DIXON FLYNN City Manager CITY OF L O D L r -,E - JENNIFER M. PERRIN 4-.� City Clerk CITY HALL, 221 WEST PINE STREET 1 ,NDALL A. HAYS P.O. BOX 3006 ��" - +i-.; i City Attorney LODI, CALIFORNIA 95241-1910 .- (209) 333-6711 FAX (209) 333-6842 RE: General Plan Amendment Prezoning Negative Declaration 570 E. Taylor Road & 1520 N. Lower Sacramento Road Dear Dale: At its meeting of Monday, January 22, 1996 the Lodi City Planning Commission recommended approval of the following actions initiated by the Lodi City Council: 1. The request of Dale Gillespie on behalf of Geweke Properties for a General Plan Amendment to redesignate a portion of the parcels at 570 East Taylor Road and 15201 North Lower Sacramento Road (APN's 027-050-14 and 23) from PR, Planned Residential and NCC, Neighborhood -Community Commercial to LDR, Low Density Residential and NCC, Neighborhood -Community Commercial; 2. the request of Dale Gillespie on behalf of Geweke Properties to prezone a 19.7 acre portion of the parcels at 570 East Taylor Road and 15201 North Lower Sacramento Road (APN's 027-050-14 and 23), C -S, Commercial Shopping and a 17.3 acre portion of those parcels R-2, Single -Family Residential; and certification of the filing of a Negative Declaration by the Community Development Director as adequate environmental documentation on the above projects. In regard to the General Plan Amendment and Prezoning, the Planning Commission is recommending that the City Council make the following findings: That the Plot Plan (LMC 17.30- 100) and Development Schedule (LMC 17.30. 100) are not approved at this time; 2. that the Plot Plan and Development Schedule are held in abeyance until such time that the City Council, Planning Commission and property owners have agreed on a new zoning classification which will outline the permitted uses; and 3, that the approval is with the understanding that future development will conform and be consistent with the plans and policies of the Downtown Revitalization Plan. Iw 0:\COMDEV\D£PlVLANNNG\LE17ERS\GILLESP2.DOC Mr. Dale Gillispie January 24, 1996 Page 2 The City Council has set a public hearing for 7:00 p.m., Wednesday, February 7, 1996 to consider the above recommendations of the Planning Commission. In the event the City Council approves the General Plan Amendment, Prezoning and Negative Declaration, the City staff will recommend that annexation proceedings be initiated by the City. If additional information or assistance is required, please call upon us. Sincerely, J B. Schroeder C unity Development Director JBS/lw cc: City Clerk -1-7 CITY OF LODI NOTICE UF PUBLIC HEARING Date: February 7, 1996 Carnegie Forum 7:00 • • 305 West Pine Street, Lodi Time: p.m. For information regarding this notice please contact: Jennifer M. Perrin City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, February 7, 1996 at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a Public Hearing to consider the following matter: a) Consider request of Dale Gillespie on behalf of Geweke Properties for a General Plan Amendment to redesignate a portion of the parcels at 570 East Taylor Road and 15201 North Lower Sacramento Road (APN's 027-050-14 and 23) from PR, Planned Residential and NCC, Neighborhood -Community Commercial to LDR, Low Density Residential and NCC, Neighborhood - Community Commercial; b) Consider the request of Dale Gillespie on behalf of Geweke Properties to prezone a 19.7 acre portion of the parcels at 570 East Taylor Road and 15201 North Lower Sacramento Road (APN's 027-050-14 and 23), C -S, Commercial Shopping and a 17.3 acre portion of those parcels R-2, Single - Family Residential; and C) Certify the filing of a Negative Declaration by the Community Development Director as adequate environmental documentation on the above projects. Information regarding this item may be obtained in the office of the Community Development Director at 221 West Pine Street, Lodi, California. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at.the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the Public Hearing. By Order Qf the, Lodi i Councik n ffer ernn ty Clerk Dated: January January 17, 1996 AppFo�i �s to for .c. John Luebberke Deputy City Attorney J.ICITVCLRMFORMSWOTCDD. DOC 1/17145 DECLARATION /FOR Public Hearing - GEWEKE PROPERTIES On January 18, 1996 in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a copy of the Notice attached hereto, marked Exhibit "A"; said envelopes were addressed as is more particularly shown on Exhibit "B" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 18, 1996, at Lodi, California. Jennifer M. Perrin City Clerk decmail/forms ti r 1SIl JNILIV-11 orio kl 7,707 '!PO ----15 777J%� L G� 07 O so - 9 -rel -Z ro liz 31V1S 'Alio 993110KIV UNI "vw 3wvN S.117NMU I fly / 311d :UOJ ISlI UNI IIVW 1SIl JNILIV-11 orio kl CITY COUNCIL DAVID P. WARNER, Mayor PHILLIP A. PENNING, Mayor Pro Tempore RAY C. DAVENPORT JACK A. SIECLOCK STEPHEN J. MANN CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 FAX (209) 333-0807 February 8, 1996 Dale Gillespie c/o Geweke Properties P.O Box 1210 Lodi, CA 95241 RE: Crossroads Reorganization H. DIXON FLYNN City Manager JENNIFER M. PERRIN City Clerk RANDALL A. HAYS City Attorney We are in receipt of your request that we proceed with the annexation to the City of the above referenced parcel. In order for the City of Lodi to proceed with the annexation of this parcel, it will be necessary for you to pay the following filing fees: LAFCO $1,187.50 (one-half of the new development fees) City of Lodi $1,000.00 (one-half of the annexation fee) $2,187.50 Please issue two separate checks (one payable to LAFCO; the other the City of Lodi), and mail or deliver to the City Clerk's office. You will be required to issue a check to the State Board of Equalization; however, we will notify you at the appropriate time as to the amount. Should you have any questions regarding this matter, please do not hesitate to call this office. Sincerely, 1)0 nifer Perrin ity Clerk JLT cc: James B. Schroeder, Community Development Director Ifiling.doc