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HomeMy WebLinkAboutAgenda Report - May 1, 1996 (67)COUNCIL COMMUNICATION <Foac' AGENDA TITLE: Conduct a Public Hearing to consider: 1. A General Plan Amendment to redesignate the area bounded by the future location of Tienda Drive on the north; the Woodbridge Irrigation canal on the east; a line 30 feet north of West Kettleman Lane on the south and the Target Shopping Center on the west (i.e. portions of 1549 through 2249 W. Kettleman Lane) from LDR, Low -Density Residential to O, Office -Institutional; and 2. To rezone the above stated area from R-2, Residential -Commercial Professional; and 3. Certification of a Negative Declaration as adequate environmental documentation on the above projects. MEETING DATE: May 1, 1996 PREPARED BY: Senior Planner RECOMMENDED ACTION: That the City Council conduct a public hearing to consider the Planning Commission's recommendation to approve the following: A General Plan Amendment to redesignate the area bounded by the future location of Tienda Drive on the north; the Woodbridge Irrigation canal on the east; a line 30 feet north of West Kettleman Lane on the south and the Target Shopping Center on the west (i.e. portions of 1549 through 2249 W. Kettleman Lane) from LDR, Low -Density Residential to O, Office -Institutional; and 2. To rezone the above stated area from R-2, Residential -Commercial Professional; and 3. Certification of a Negative Declaration as adequate environmental documentation on the above projects. BACKGROUND INFORMATION: When this area was annexed to the City in 1993, the City approved the 300 -foot strip of R -CP similar to the depth of the office zoning on the south side of Kettleman Lane. The City also felt that a east -west street would be located approximately 300 feet north of Kettleman Lane linking the commercial area to the APPROVED: L H. Dixon lynn -- City M ager CC9614.130C 04/24/96 -r Council Communication Meeting Date: May 1, 1996 Page 2 west with Mills Avenue. The location of the street would provide the separation between the R -CP zone and the R-2, residential zoning to the north. When the Target Center was finally constructed, the design required Tienda Drive to be located further north than what was previously anticipated. Instead of 300 feet north of Kettleman Lane, the street ended up approximately 500 feet north of Kettleman Lane. This meant that when Tienda Drive was extended east to Mills Avenue, there would be a strip of residentially zoned land on the south side of Tienda Drive between Tienda Drive and the R -CP zoning along Kettleman Lane. Early in 1996, Joe Handel, one of the property owners in this area, made a request to the City for a General Plan amendment and prezoning to redesignate the portion of this property immediately south of Tienda Drive from R-2 to R -CP. This would permit him to develop his entire property between Kettleman Lane and Tienda Drive with a single use. In reviewing this request, the City determined that Mr. Handel's situation was not unique and that all the adjacent properties along the north side of Kettleman Lane between the Target Center and the WID canal had the same situation. It was decided that the City would approach the other property owners to see if they would also be in favor of a similar zoning change. When it was determined that there was interest on the part of other property owners, the City decided to initiate a single General Plan amendment and rezoning encompassing the entire strip between the Target Center and the WID canal. After reviewing the matter, the Planning Commission recommended approval of the General Plan amendment and rezoning for the following reasons: 1) Extending the zone line north to Tienda Drive will allow the property owners to develop their entire property between Kettleman Lane and Tienda Drive with a single land use. It would also allow Tienda Drive to form the buffer between the R -CP zone and the R-2 zone as was originally envisioned. 2) Extending the R -CP north to Tienda Drive will allow the uses along Kettleman Lane to have street access onto Tienda Drive. This could become important if CalTrans ever installs a center barrier on Kettleman Lane, restricting left-hand turning movements. If this happened, people could use Mills Avenue or Tienda Drive as an alternate access to the office properties. FUNDING: None required. Konradt Bartlam Community Development Director Prepared by David Morimoto, Senior Planner KB/DMAW Attachment CC9614.130C 4/24196 Nit, __' a 1 ' _1 1 I 11 i 1 P 1 I 1 1 ogle Family _ y esidenliol I Target _ 2 1 TI S 7PE-;.t,.g ®rf, ropoeed eo of Rezone1om R-2.Single Family esidenliol 300 j� _�_Zon SoundorR-CPesidenlid Co111. ; 1 1 1 / I ----- �. t C S PROPOSED REZONE ALONG PLANNED ALIGNMENT TIENDA DRIVE Legend PARALLEL TO do NORTH OF ---- proposed Right-ol-way KETTLEMAN LANE Between Lower Sacramento Road & WID Canal •, CITY OI -LODI NOTIC . OF PUBLIC HEARING Carnegie Forum Date: May 1, 1996 305 West Pine Street, Lodi Time: 7:00 p.m. For information regarding this notice please contact: Jennifer M. Perrin City Clerk Telephone: (209) 333-6702 NOTICE OF CONTINUED PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, May 1, 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 continued Public Hearing to consider the following matter: a) A General Plan Amendment to redesignate the area bounded by the future location of Tienda Drive on the north; the Woodbridge Irrigation District canal on the east; a line 300 feet north of West Kettleman Lane on the south and the Target Shopping Center on the west (i.e. portions of 1549 through 2249 West Kettleman Lane) from LDR, Low -Density Residential to O, Office - Institutional; b) To rezone the area bounded by the future location of Tienda Drive on the north; the Woodbridge Irrigation District canal on the east; a line 300 feet north of West Kettleman Lane on the south and the Target Shopping Center on the west (i.e. 1549 through 2249 West Kettleman Lane) from R-2, Single - Family Residential to RCP, Residential -Commercial -Professional; and C) Certification of a Negative Declaration 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 of the L�odii Ci Council: i errnn n� Ity Clerk Dated: April 17, 1996 i ppr d as to form Fall A. Hays City Attorney JACITYCLRKTORMs1NOTC13D.130C 4117198 yOF� �ql FOR�`P DECLARATION Continued Public Hearing - General Plan Amendment On April 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. declare under penalty of perjury that the foregoing is true and correct. Executed on April 18, 1996, at Lodi, California. Jennifer M. Perrin City Clerk decmail/forms Pi m s f�7 r _ w UJw l.i rn C 1 JA l _ � 1x.01 l Cl I Iz a �Ilb O 9L�L� PT Z/ til ORDINANCE NO. 1631 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING THE LAND USE ELEMENT OF THE LODI GENERAL PLAN BY REDESIGNATING THE AREA BOUNDED BY THE FUTURE LOCATION OF TIENDA DRIVE ON THE NORTH; THE WOODBRIDGE IRRIGATION CANAL ON THE EAST; A LINE 300 FEET NORTH OF WEST KETTLEMAN LANE ON THE SOUTH AND THE TARGET SHOPPING CENTER ON THE WEST (i.e. PORTIONS OF 1549 THROUGH 2249 WEST KETTLEMAN LANE) FROM LDR, LOW- DENSITY RESIDENTIAL TO O, OFFICE INSTITUTIONAL 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 area bounded by the future location of Tienda Drive on the north; the Woodbridge Irrigation District Canal on the east; a line 300 feet north of West Kettleman Lane on the south and the Target Shopping Center on the west (i.e. portions of parcels located at 1549 through 2249 West Kettleman Lane) from LDR, Low Density Residential to O, Office -Institutional, 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 - SeverabilitX. 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 day of April, 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. 1631 was introduced at a regular meeting of the City Council of the City of Lodi held April 17, 1996 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held , 1996 by the following vote: Ayes: Council Members - Noes: Council Members - Absent: Council Members - Abstain: Council Members - I further certify that Ordinance No. 1631 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. JENNIFER M. PERRIN City Clerk Approved as to Form: City Attorney ORDINANCE NO. 1632 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING THE OFFICIAL DISTRICT MAP OF THE CITY OF LODI AND THEREBY REZONING THE AREA BOUNDED BY THE FUTURE LOCATION OF TIENDA DRIVE ON THE NORTH; THE WOODBRIDGE IRRIGATION DISTRICT CANAL ON THE EAST; A LINE 300 FEET NORTH OF WEST KETTLEMAN LANE ON THE SOUTH AND THE TARGET SHOPPING CENTER ON THE WEST, BEING PORTIONS OF THE PARCELS LOCATED AT 1549 THROUGH 2249WEST KETTLEMAN LANE FROM R-2, SINGLE-FAMILY RESIDENTIAL TO RCP, RESIDENTIAL -COMMERCIAL -PROFESSIONAL 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: Portions of parcels located at 1549 through 2249 West Kettleman Lane, the area bounded by the future location of Tienda Drive on the north, the Woodbridge Irrigation District Canal on the east, a line 300 feet north of West Kettleman Lane on the south and the Target Shopping Center on the west is hereby rezoned from R-2, Single -Family Residential to RCP, Residential -Commercial -Professional, as shown on the Vicinity Map, on file in the office of the 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. 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 'T' provisions of Title 17 of the Lodi Municipal Code and the laws of the State of California applicable thereto. Section . All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 6. 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 _ day of , 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. 1632 was introduced at a regular meeting of the City Council of the City of Lodi held April 17, 1996 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held , 1996 by the following vote: Ayes: Council Members - Noes: Council Members - Absent: Council Members - Abstain: Council Members - I further certify that Ordinance No. 1632 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. JENNIFER M. PERRIN City Clerk Approved as to Form: City Attorney T' RESOLL' T TON NO. 96-45 A RESOLUTION OF THE LODI CITY COUNCIL CERTIFYING THE NEGATIVE DECLARATION AS ADEQUATE ENVIRONMENTAL DOCUMENTATION FOR THE TIENDA DRIVE GENERAL PLAN AMENDMENT AND REZONE WHEREAS, public hearings were held by the Planning Commission and City Council on March 11, 1996 and April 17, 1996 respectively, on the following described General Plan Amendment and Rezone: a) General Plan Amendment to redesignate the area bounded by .the future location of Tienda Drive on the north; the Woodbridge Irrigation District canal on the east; a line 300 feet north of West Kettleman Lane on the south and the Target. Shopping Center on the west (i.e. portions of 1549 through 2249 West Kettleman Lane) from LDR, Low - Density Residential to O, Office -Institutional. b) Rezone the area bounded by the future location of Tienda Drive on the north; the Woodbridge Irrigation District canal on the east; a line 300 feet north of West Kettleman Lane on the south and the Target Shopping Center on the west (i.e. portions of 1549 through 2249 West Kettleman Lane) from R-2, Single -Family Residential to RCP, Residential -Commercial -Professional. WHEREAS, it is the Planning Commission recommendation that City Council approve their finding that the Negative Declaration is adequate environmental documentation; and WHEREAS, the City Council has reviewed all documentation and hereby certifies the Negative Declaration as adequate environmental documentation for the above- mentioned General Plan Amendment and Rezone. Dated: May 1, 1996 I hereby certify that Resolution No. 96-45 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 1, 1996, by the following vote: AYES: COUNCIL MEMBERS - Davenport, Mann, Pennino, Sieglock and Warner (Mayor) NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - None IFE ERR1N City Clerk 96-45 COUNCIL COMMUNICATION AGENDA TITLE: Conduct a Public Hearing to consider: A General Plan Amendment to redesignate the area bounded by the future location of Tienda Drive on the north; the Woodbridge Irrigation canal on the east; a line 30 feet north of West Kettleman Lane on the south and the Target Shopping Center on the west (i.e. portions of 1549 through 2249 W. Kettleman Lane) from LDR, Low -Density Residential to O, Office -Institutional; and 2. To rezone the above stated area from R-2, Residential -Commercial Professional; and 3. Certification of a Negative Declaration as adequate environmental documentation on the above projects. MEETING DATE: April 17, 1996 PREPARED BY: Senior Planner RECOMMENDED ACTION: That the City Council conduct a public hearing to consider the Planning Commission's recommendation to approve the following: A General Plan Amendment to redesignate the area bounded by the future location of Tienda Drive on the north; the Woodbridge Irrigation canal on the east; a line 30 feet north of West Kettleman Lane on the south and the Target Shopping Center on the west (i.e. portions of 1549 through 2249 W. Kettleman Lane) from LDR, Low -Density Residential to O, Office -Institutional; and 2. To rezone the above stated area from R-2, Residential -Commercial Professional; and 3. Certification of a Negative Declaration as adequate environmental documentation on the above projects. BACKGROUND INFORMATION: When this area was annexed to the City in 1993, the City approved the 300 -foot strip of R -CP similar to the depth of the office zoning on the south side of Kettleman Lane. The City also felt that a east -west street would be located approximately 300 feet north of Kettleman Lane linking the commercial area to the APPROVED: H.'Dixon Flynn -- City Malnager CC9612.DOC 04/10/96 r Council Communication Meeting Date: April 17, 1996 Page 2 west with Mills Avenue. The location of the street would provide the separation between the R -CP zone and the R-2, residential zoning to the north. When the Target Center was finally constructed, the design required Tienda Drive to be located further north than what was previously anticipated. Instead of 300 feet north of Kettleman Lane, the street ended up approximately 500 feet north of Kettleman Lane. This meant that when Tienda Drive was extended east to Mills Avenue, there would be a strip of residentially zoned land on the south side of Tienda Drive between Tienda Drive and the R -CP zoning along Kettleman Lane. Early in 1996, Joe Handel, one of the property owners in this area, made a request to the City for a General Plan amendment and prezoning to redesignate the portion of this property immediately south of Tienda Drive from R-2 to R -CP. This would permit him to develop his entire property between Kettleman Lane and Tienda Drive with a single use. In reviewing this request, the City determined that Mr. Handel's situation was not unique and that all the adjacent properties along the north side of Kettleman Lane between the Target Center and the WID canal had the same situation. It was decided that the City would approach the other property owners to see if they would also be in favor of a similar zoning change. When it was determined that there was interest on the part of other property owners, the City decided to initiate a single General Plan amendment and rezoning encompassing the entire strip between the Target Center and the WID canal. After reviewing the matter, the Planning Commission recommended approval of the General Plan amendment and rezoning for the following reasons: 1) Extending the zone line north to Tienda Drive will allow the property owners to develop their entire property between Kettleman Lane and Tienda Drive with a single land use. It would also allow Tienda Drive to form the buffer between the R -CP zone and the R-2 zone as was originally envisioned. 2) Extending the R -CP north to Tienda Drive will allow the uses along Kettleman Lane to have street access onto Tienda Drive. This could become important if CalTrans ever installs a center barrier on Kettleman Lane, restricting left-hand turning movements. If this happened, people could use Mills Avenue or Tienda Drive as an alternate access to the office properties. FUNDING: None required. i Konradt Bartlam Community Development Director Prepared by David Morimoto, Senior Planner KB/DM/lw Attachment CC9612.DCC 4110/96 r O 3 0 C � m 0 I a 0 i a IV I I � wllill i, C a I I w 750 I '` 3AV 911i'll I __--_-------/ -�-- I Z O �i 0 zQ�Q OV ouus!A �z0 muj o w~_j C\2 eI o IF i a 0 j�E FM 1sOKaNH ( ' u? b Y W a m I y~$ I AM UDWS m a .0O op"u a FTI FT a 0 s� 1 Oa O1N3MVM3VS MMM