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HomeMy WebLinkAbout2015/04/22 Planning Commission Minutescwr� car CHU S A REGULAR MEETING OF THE CITY OF CHULA VISTA PLANNING COMMISSION Date: April 22, 2015 6:00 p.m. CALL TO ORDER at 6 :00 p.m. Xtinutes Council Chambers Public Service Building A 276 Fourth Avenue ROLL CALL: Present: Commissioners Anaya, Fragomeno, Fuentes, Gutierrez and Livag Absent: Commissioners Calvo and Nava MOTIONS TO EXCUSE: Anaya made a motion to excuse Commissioners Calvo, and Nava. Commissioner Gutierrez seconded the motion and it passed 5 -0-2 -0 PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE OPENING STATEMENT: Read by Vice -Chair Livag APPROVAL OF MINUTES January 28, 2015 Motion by Anaya; Second by Gutierrez Motion passed 4 -0 -2 -1 with Calvo and Nava absent; Anaya abstained February 25, 2015 Motion by Fragomeno; Second by Gutierrez Motion passed 4 -0 -2 -1 with Calvo and Nava absent; Gutierrez abstained PUBLIC COMMENTS Persons speaking during Public Comments may address the Board /Commission on any subject matter within the Board /Commission's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Board /Commission from discussing or taking action on any issue not included on the agenda, but, if appropriate, the board /Commission may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. Planning Commission Minutes Apri122, 2015 Page -2- CONSENT ITEMS: The Planning Commission will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Planning Commissioner, a member of the public, or staff requests that the item be removed for discussion. If you wish to speak on this item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the Secretary prior to the meeting. An item pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. PUBLIC HEARINGS: The fallowing item(s) have been advertised as public hearing(s) as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the Commission Secretary prior to the meeting. Vice -Chair Livag recused himself from Item 1 due to a concern that his previous statements might implicate due process issues. He would, however, speak as a private citizen. Meeting was turned over to Commissioner Fragomeno to Chair. Commissioner Fuentes gave a question to the City Attorney as to whether it was appropriate for Commissioner Livag to remain in the room seeing as that he recused himself. Deputy City Attorney Shirey advised the Commission that it was appropriate in -as -much as Commissioner Livag recused himself due to potential due process concerns; not because of a statutory conflict of interest and that he could remain and speak as a private citizen. 1. PUBLIC HEARING: Consideration of GPA 12.03 amendments to the General Plan; GDPA 12 -15 amendments to the Otay Ranch General Development Plan, including a new Development Agreement, involving portions of the Otay Ranch Freeway Commercial Planning Area 12. Applicant: Baldwin & Sons, LLC Project Manager: Stan Donn Stan Donn, Senior Planner, and Ed Batchelder, Planning Manager, gave a brief PowerPoint presentation that included the following, but not limited to, information: INTRODUCTION Baldwin & Sons, LLC ( "Applicant" or "Developer ") is proposing amendments to the City of Chula Vista General Plan (GP) Land Use and Transportation (LUT) Element and the Otay Ranch General Development Plan (GDP) to change approximately 28.7 acres of Retail Commercial to Mixed -Use Residential and Park on an existing approximate 35 -acre site. The proposed GP and GDP amendments would allow for a transit - supportive mixed use development that would add Planning Commission Minutes April 22, 2015 Page -3- 600 multi- family residential units (with 15,000 square feet of commercial retail) and a new 2- acre urban park within the Freeway Commercial North portion of Otay Ranch Planning Area 12 (see Locator Map, Attachment 1). The project also includes a Development Agreement which ensures the timely development of hotels totaling 300 rooms on the northerly most 6.3 -acre portion of the 35 -acre site (remaining commercial and is not part of the proposed mendments), 15,000 square feet of commercial retail, and the urban park by the developer ( "Freeway Commercial North" or "FC -2" ( "Project ")). On July 9, 2012 the Applicant filed applications to process all of the subject items. BACKGROUND Freeway Commercial Prior Approvals In 2001, a GDP amendment separated the Eastern Urban Center (EUC) and Freeway Commercial (FC) components into separate planning areas, comprising Planning Area (PA) 12. In September 2004 the Freeway Commercial SPA Plan and Tentative Map were adopted on the approximately 120 -acre Freeway Commercial site, and entitled approximately 1,214,000 sf of commercial uses: 867,000 sf on the approximate 85 -acre FC-1 ( "Freeway Commercial South ") site, and 347,000 sf on the approximate 35 -acre FC -2 ( "Freeway Commercial North ") site. The Freeway Commercial SPA Plan identifies FC -1 and FC -2 sites separately because of different ownerships. In 2006, the Otay Ranch Town Center Mall was constructed on FC -1, and in 2007 a SPA amendment was approved which raised the total commercial area allowed on FC -1 (by 93,000 sq. ft. from 867,000 sq. ft. to 960,000) to accommodate another department store. Today, the i FC -2 site remains vacant and undeveloped. DISCUSSION: 1. Location, Existing Site Characteristics, and Ownership The Freeway Commercial SPA Plan area is generally located south of Olympic Parkway, north of Birch Road, east of State Route 125 and west of Eastlake Parkway (see Locator Map). This amendment is limited to the FC -2 portion of the SPA Plan located between Olympic Parkway and the existing Otay Ranch Town Center. This portion of the SPA Plan is currently vacant and generally comprised of flat graded pads with an existing road, Town - Center Drive, bisecting she site in a north /south direction. FC -2 includes approximately 35 acres under two ownerships, Village II Town Center, LLC and SunRanch Capital Partners, LLC. 2. Project Description The proposed Project establishes a unified, walkable, mixed -use plan for the FC -2 district of Otay Ranch Planning Area 12. It is intended to enhance living, working, shopping and transit options in the area. The project amends existing GP (LUT element) and GDP commercial Planning Commission Minutes April 22, 2015 Page -4- designated land use on approximately 25.7 acres of the 35.0 -acre FC -2 site to implement up to 600 multi- family dwelling units, 15,000 square feet of ancillary commercial, and a 2 -acre highly amenitized public park. Commercial entitlements and land use designation for the residual 6.3 acres located at the northwest portion of FC -2 will remain unchanged and will accommodate two hotels with at least 300 total rooms. A proposed Development Agreement includes certain mutual benefits for the City and Applicant from the proposed Project, as further described in item 3 below, and the Analysis section of this report. 3. Proposed Amendments and New Development Agreement Following is a brief summary of the proposed amendments to the General Plan and Otay Ranch GDP. Chula Vista General Plan: Amend LUT Element's applicable text, tables, and exhibits to reflect changes in land use designations as necessary to implement the additional 600 residential units as well as additions in parkland areas. New policies are also proposed to reflect the transit - supportive mixed use project. The proposed land use changes are as follows: Change 26.7 acres of Commercial Retail to Mixed Use Residential, and 2.0 acres of Commercial Retail to Parks & Recreation. Otay Ranch GDP: Amend applicable text, tables, and exhibits to reflect changes in land use designations as necessary to implement the additional 600 residential units as well as additions in CPF, and parkland areas. New policies are also proposed to reflect the mixed use project. The GDP follows the same proposed land use changes as the GP, including the change of 26.7 acres of Freeway Commercial to Mixed Use, and 2.0 acres of Freeway Commercial to Park. The new policies are further refinements of the new GP policies. Development Agreement: The proposed Development Agreement provides the assurance for two hotels totaling 300 rooms to be constructed; allows for a 4.6 acre park requirement reduction to be met through the construction, programming and maintenance of a highly- amenitized 2 -acre urban park that is valued at or greater than 4.6 acres of park; and dedicates right of way and construction easements for completion of the South Bay Bus Rapid Transit (BRT) line. CONCLUSION Within Freeway Commercial North, the proposed land uses and development intensities directly implement the provisions of the City's General Plan and the Otay Ranch General Planning Commission .Minutes April 22, 2015 Page -5- Development Plan that foster "smart growth." The proposed Project provides all of the public facilities required by the Otay Ranch GDP. The additional higher - density mixed -use residential located proximate to the hotels, park, and ancillary retail commercial further implement pedestrian -and transit - oriented policies and is in conformance with the goals, objectives and policies of the General Plan and the Otay Ranch GDP as described in the analysis section of this report. The Development Agreement ensures the provision of park amenities and the construction of the hotels and urban park. RECOMMENDATION That the Planning Commission conduct a public hearing and adopt the proposed resolution recommending that the City Council: 1. Consider the Addendum to FOR 2002-0204; 2. Approve a resolution for amendments to the Chula Vista General Plan, and Otay Ranch GDP in accordance with the findings and subject to the conditions contained therein; and, 3. Approve an Ordinance for a Development Agreement in accordance with the findings and subject to the conditions contained therein. PUBLIC HEARING OPENED The following people were in favor of the project: Stephen Haase — Applicant Lisa Cohen — Chula Vista Chamber of Commerce Colton Sudberry — Sudberry Properties Nick Lee — Applicant Paul Marra — Keyser Marston —Available for questions Richard S.......... Those opposed were: Scott Vinson — resident Carolyn Scholl — Chula Vista Elementary School District Angela Reed — Resident of Chula Vista Jessica Hayes — Resident of Chula Vista Peter Watry — Resident of Chula Vista David Danciu — Resident of Chula Vista Mark Livag — Resident of Chula Vista Lynn Twork — Business owner and Resident of Chula Vista Main concerns voiced in opposition included: Parking —too much residential will affect commercial parking Schools — most are already overcrowded City focused on commercial space providing sales tax for maintenance and services Planning Commission Minutes April 22, 2015 Page -6- People living in Chula Vista go elsewhere for jobs and shopping Need for more industrial and good commercial space, not more residential Need store choices more like Plaza Bonita to attract the Hispanic customers that come across the border and go there to shop. Developer Comments: Steven Haase addressed the concerns regarding schools, the hotel and current /future retail. Schools: There is a small portion of the site that is not currently in the CFD. Mr. Haase assured the Commission that they will do whatever it takes to make sure every child attends school in Otay Ranch. Hotel: Have to consider where the hotel wants to be. Close to services, have amenities — not close to a lot of traffic and noise at night. The developer has to put together a package that satisfies the needs of the hotel, as well as the City. Retail: Everybody wants the new Millenia project and the Eastern Urban Center to be successful. The big name retailers are just not going to come to the area. There are currently not enough "shoppers" in the area to attract the larger names. PUBLIC HEARING CLOSED Commissioner Deliberations /Questions Fuentes: Thanked the Otay Ranch : residents for coming and voicing their concerns. Also thanked Baldwin & Sons for helping develop the City to become an award winning community. Need to take in to consider the impact that a project will have on the residents. Unfortunately the Commission will not have the benefit of the public meeting results in the future. Appreciates the comments of Mr. Haase and his cooperation with the school district to make sure the children have schools in the community. Voiced his support of the project. Anaya: Thanked the residents and developer for being at the meeting. He is very appreciative of the comments of the developer regarding the schools and respects the track record in working with them on other projects. Remembered when Otay Ranch Towne Center opened and was - excited about the opportunities to see something new. He was disappointed at that time because it took a long time for it to become a "destination ". He is concerned about "taking away from what the area could become ". A lot is going to happen within the next decade and he is not in favor of taking away of the potential that ORTC could become. He is also concerned about people of the community driving outside Chula Vista for jobs. What are the potential jobs lost in not leaving the area commercial so residents would have the chance to work and live here? Is currently leaning as to not support the project. Gutierrez: In looking at the project he was excited about the Smart Growth and the amenities but had concerns about the schools. He feels those have been addressed, but is concerned Planning Commission Minutes April 22, 2015 Page -7- about people coming into the area. Likes the idea of being able to live in the area and work in Chula Vista and likes that it can link to the BRT and the University that is coming. So many things are scheduled to come alive in the next 10 years and he likes the level of thought that has been given to the project and into the amenities. He is leaning to support of the project. Fragomeno: Thanked the developer for prior projects, but feels this one is not right for the City. He understands the need for development of the land, but does not see the current demand for more residential units. Will reduce traffic to the site, but will affect Olympic Parkway and SR125. Loves Smart Growth and being able to walk to things, but the east is very spread out, not like the downtown San Diego area. The design looks good on paper, but people simply are not going to walk a mile to the BRT or take 15 minutes to cross Olympic Parkway. Feels like adding 500 residential units so early is not a benefit. There needs to be more good restaurants and stores to the area before adding the units; he thinks it's just too early. Asked Colton Sudberry why he thinks big retailers and commercial don't want to come to Chula Vista when we have the top 3 zip codes in the county. Sudberry: Big retailers do want to be in Chula Vista, but if you make a list of the good businesses you would want to attract, they are already in the area. They tend to want to do one or two big stores in the County. He doesn't believe it's an issue of timing or recession, there are just not that many more retailers out there that are not already in the area. The only ones not in the area are the really big guys i.e. IKEA, etc. There was some discussion about getting more smaller retail i.e. gas stations, automotive stores, car washes, Home Goods. Fragomeno: Still feels that putting more residential at the location is not a good idea at this time. Parking is always a problem because households have more cars than the required number of parking spaces. Thinks we should let time take care of getting more good restaurants and commercial to the area before adding the residential. PUBLIC HEARING CLOSED MSC ACTION: Motion by to approve the project —Fuentes Seconded: Gutierrez Vote: 2 -2 -2 -1 Yes: Fuentes and Gutierres No: Anaya and Fragomeno Absent: Calvo and Nava Abstain: Livag Motion failed with no majority vote (4) Attorney Shirey asked that a motion be made to deny the project, noting that two members voted to support the motion. Planning Commission Minutes April 22, 2015 Page -8- MSC ACTION: Motion to deny recommending the General Plan and General Development Plan amendments to the City Council made by Fragomeno and seconded by Anaya Commissioners Fuentes and Gutierrez voiced support of the project Vote: 4 -0 -0 -1 to deny recommendation of the resolution to City Council Due to the decision to deny the motion and prevent the project from moving forward, the development agreement does intertwine with the hotel development and the applicant therefore requested that the design review of the hotel be continued to a future date. Attorney Shirey recommend that the request be granted. The project will have to be renoticed. MSC ACTION: Motion to continue Item 2 — PCC 14 -023 to a future date made by Gutierrez and seconded by Anaya Vote: 4 -0 -0 -1 OTHER BUSINESS 4. DIRECTOR'S REPORT: There was none from the Director Attorney Shirey advised the Commissioners that there would be a combined Brown Act/ Ethics training on May 14th at 5:00 p.m. in Council Chambers. AB 1234 is an ethics training requirement to be completed every two years —this would accomplish that. 5. COMMISSIONERS COMMENTS: Commissioner Anaya encouraged the Commissioners and public to attend the Re- Districting (line- drawing) Workshop on Friday and Saturday. Public workshops are from May 13th on. Information can be found on the City web -site. Commissioner Livag apologized to the Commissioners for needing to recuse himself and cautioned them to be careful about voicing an opinion of a project prior to the meeting. He is also happy to hear that there will be a Public Outreach to discuss the project. Thinks it's unfortunate not to have "freeway commercial and hotels" a viable segment and thinks the coupling of the hotels is also unfortunate. ADJOURNMENT: At 8:07 p.m. to the next Regular Planning Commission Meeting on ! May 13, 2015 at 6:00 p.m. in Council Chambers. Pat Laughlin, Se retary " Minutes Approved: July 8, 2015 MSC Fuentes /Gutierrez 5 -0 -2 -0