Agenda Item No. 9C April 25, 2017 TO: FROM: SUBJECT: Honorable Mayor and City Council Attention: Jeremy Craig, Interim City Manager Barton Brierley, AICP, Community Development Director (Staff Contact: Barton Brierley, (707) 449-5361) DISCUSSION ON VACAVILLE S2 INVESTORS PROPERTY IN BAN SERVE DISCUSSION: The recently adopted General Plan planned for development of certain areas East of Leisure Town Road. It also designated certain other properties as Urban Reserve (See Attachment 1), with the intention that these areas might be considered for development at some future time, but that such an evaluation would not happen sooner than 5 years from adoption of the General Plan. Vacaville S2 Investors, LLC, owns two parcels of land just north of Elmira Road and East of Leisure Town Road. In the recently adopted General Plan, approximately 120 acres of this property was designated for urban uses. The property owner also owns approximately 60 acres of land immediately east that is designated Urban Reserve, and additional property outside the urban growth boundary (See Attachment 2). The property owner would like to obtain land use entitlements for a proposed development on the eastern property designated Urban Reserve in conjunction with a proposed development on the western property without waiting for the 5-year evaluation. At the March 28, 2017 City Council meeting, the Council asked to have this topic on a future agenda for discussion. The Council also asked for information on the legality of considering proposals within the Urban Reserve. History and Purpose of Urban Reserve The City of Vacaville adopted its current General Plan in 2015. In the process of creating this plan, the City considered various alternatives. Some of those alternatives planned for various urban land uses East of Leisure Town up to the transmission lines, which is the urban growth boundary. One alternative, known as the Focused Growth Alternative, planned for urban development of only a portion of the East of Leisure Town area with the rest remaining agricultural land. The Council received testimony about all these alternatives and ultimately chose to adopt a modified version of the Focused Growth Alternative for the East of Leisure Town area. The Council was uncomfortable with the potential amount of residential development other alternatives would allow. The Council placed a limit of 2,175 dwelling units in the East of Leisure Town area without a General Plan amendment. The Council also considered what to do with the areas in the East of Leisure Town area that were not included in the Focused Growth Alternative. The original Focused Growth Alternative designated those lands as agriculture. The Council recognized that at some point in the future the remaining lands might be needed for urban uses. Designating the lands as Urban Reserve allows some basic infrastructure planning for this area, such as sizing utility lines and planning street connections. It also serves as notice that at some point the area could become urban. Therefore, the Council designated much of the remaining East of Leisure Town area as Urban Reserve.
The Council expressed concern about the possibility that it could receive requests to convert Urban Reserve lands too quickly or too frequently. To prevent continual requests to convert Urban Reserve lands, the Council established policies that requests to convert Urban Reserve lands would not be evaluated more often than once every 5 years as part of update of the Municipal Services Review 1. In addition, the Council set a limit on how much Urban Reserve land could be converted at each review 2. Legal and Policy Considerations 1. General Plan Policies The General Plan establishes a number of policies relating to the Urban Reserve, most notably policies that do not allow consideration of changes to Urban Reserve designation more frequently than once every 5 years. If the Council wishes to consider changing the Urban Reserve designation of the Vacaville S2 Investors property earlier than 5 years, it would need to amend a number of related General Plan policies. The Council could allow planning to begin in an Urban Reserve area, including environmental review, prior to the 5-year evaluation. However, the Council could not evaluate or adopt any changes or plans early without changing the overall General Plan policies. 2. Other Urban Reserve properties There are several properties that have Urban Reserve designations. During the General Plan process, other property owners requested to have their properties included, but ultimately were designated Urban Reserve. Two properties had property partially in the Urban Reserve. If the Council changes General Plan policies to allow the Vacaville S2 Investors property to convert from Urban Reserve early, it is likely that other Urban Reserve property owners will request the same consideration. The Council should consider whether to allow such consideration or not. 3. The development process a phased approach It is simply not the case that development is approved one day and the bulldozers show up the next. Development of properties, particularly properties outside city limits, is an extensive, multi-step and often multi-year process. Steps typically include: 1. A General Plan amendment 2. Infrastructure/utility planning 3. Environmental review (EIR) 4. Creation of a Specific Plan 5. Subdivision tentative map review 1 General Plan Policy LU-P19.5 states: Evaluate General Plan amendment requests to convert lands designated as Urban Reserve to other land use designations no more often than every 5 years. Applications to amend the General Plan to convert Urban Reserve lands must be consistent with the City s Municipal Service Review and Comprehensive Annexation Plan. 2 General Plan Action LU-A19.1 states: Amend the Land Use and Development Code to establish an Urban Reserve ordinance. The ordinance shall include criteria necessary to support a General Plan amendment permitting the conversion of the land designated as Urban Reserve to another land use designation. The criteria shall allow consideration of amendments needed to retain a 20-year supply of developable land within the Urban Growth Boundary or to replenish the supply of developable land reduced since General Plan adoption. These findings shall support the General Plan Vision Statement.
6. Development agreement 7. Pre-zoning 8. Annexation (requires LAF review, involves County, SID, and others) 9. Construction plan review 10. House plan review, design review, etc. 11. Building plan review The Council could consider allowing some steps of this process to begin while others are postponed. The property owners are willing to hold off on grading and building construction in the eastern portion until 5 years from adoption of the General Plan. 4. Relationship to Sphere of Influence, Municipal Services Review, and Comprehensive Annexation Plan. The City Council recently accepted the proposal to apply to LAF for an updated Sphere of Influence and Municipal Services Review (MSR). LAF is scheduled to consider these at its May 8, 2017 meeting. The Urban Reserve properties are proposed to be included in the Sphere of Influence. However, they are not evaluated as being developed within the next 5 years. They are designated as long-term annexation areas. Amending the Urban Reserve designation would not qualify the eastern property for annexation without also amending the MSR and annexation plan. In addition, annexation would need to meet LAF standards for annexation. 5. General Plan EIR horizon year development forecast. The General Plan Update Environmental Impact Report (EIR) was based on a maximum 2,340 residential units being developed in the East of Leisure Town area. The General Plan placed a limit of 2,175 dwelling units East of Leisure Town. Amending the General Plan to add additional development in this area could reach or exceed the General Plan development forecast. If this happens, the General Plan dictates: When approved development in the East of Leisure Town Growth Area reaches the maximum number of residential units or commercial square feet projected in the General Plan EIR, the Community Development Director shall require that environmental review conducted for any subsequent development project address growth impacts that would occur due to development exceeding the General Plan EIR s projections. This analysis could trigger additional improvements or mitigations that were not anticipated to be needed by the 2035 horizon year. 6. Economies of scale in planning There are economies of scale for planning an area in its entirety. For example, creation of a specific plan is not significantly more complicated for a large area than for a smaller area. 7. Urban Reserve ordinance General Plan Action LU-A19.1 calls for establishment of an Urban Reserve Ordinance (See Footnote 2 above). A draft of such an ordinance has been prepared. Should the Council wish to proceed, it also should consider adopting an Urban Reserve ordinance.
Council Options 1. Initiate a General Plan text amendment to allow consideration of changing the Urban Reserve. The Council could initiate a General Plan text amendment to revise the General Plan policy limiting evaluation of Urban Reserves to once every 5 years (General Plan Policy LU-P19.5) and associated policies. The Council could direct that this amendment be narrowly focused on just the Vacaville S2 Investors property. If approved, this would open the door to allow the owners of the Vacaville S2 Investors property to apply for a General Plan amendment for their property. The Council would hold a hearing on such a request and give direction on desired future uses of the property, including considering community needs and how a proposal would align with the General Plan vision, goals, and policies. 2. Incremental approaches The Council could allow some measure of planning to begin now, but take measures such that the property within the current Urban Reserve would not be developed for 5 years. These measures could include: A. Initiate the General Plan text amendment, but require that no grading or building within current Urban Reserve area occur until 5 years after adoption of the 2015 General Plan. This could be part of a development agreement and General Plan amendment. B. The Council could allow a General Plan amendment and creation of a specific plan, but not annex the current Urban Reserve land prior to the 5-year review. C. The Council could allow planning for the Urban Reserve portion to proceed in concept, but not evaluate or adopt any changes prior to the future 5-year review. 3. Do Nothing The Council does not have to take action. If so, the existing General Plan policies and designations will remain in place. The Vacaville S2 Investors could be considered for urban land use designations at a future review of the Urban Reserve, to take place no sooner than 5 years from adoption of the General Plan. FISCAL IMPACT: The fiscal impact would depend on the direction given. If the Council chooses to initiate some action, staff would anticipate charging the property owner fees to cover the processing costs. MMENDATION: Consider the item and provide direction to staff on how to proceed. ATTAMENTS: Attachment 1: Urban Reserve Map Attachment 2: Vacaville S2 Investors Property Attachment 3: Urban Reserve Policies Attachment 4: East of Leisure Town Road Growth Area Policies
± Attachment 1 Areas Designated Urban Reserve TP Kilkenny Rd TP TP TP P M M M MH P MHP MHP M M HA M M Attachment 1 HA Residential Rural Residential () Residential Estate () Residential Golf Course (RG) Residential Low Density () Residential Low Medium Density (M) Residential Medium Density () Residential Medium High Density (H) Residential High Density () M M M AG Fry Rd M MU M HA M M M M M M AG M MU MU M R M co co AB M Residential Manufactured Home Park (MHP) Commercial Mixed Use (MX) Commercial General () Commercial Neighborhood () Commercial Service () Commercial Highway () Commercial Office () M MHP MU M AB M M AG M M MU MH P M P PR MHP M PR MHP M Elmira Rd M M PR TP M M M M HA P M Leisure Town Rd Hawkins Rd M AB AB Business/Industrial Technology Park (TP) Business Park () Industrial Park () Boundary Planned Sphere of Influence City Limits Streets Other Urban Reserve () Public/Institutional (P) School Public Park () Private Recreation (PR) Public Open Space () Agriculture (AG) Agricultural Buffer (AB) Hillside Agriculture (HA)
Oakmeade Dr Carroll Wy Meridian Rd Attachment 2 Vacaville S2 Investors Property Stonegate Dr Fallen Leaf Dr Ulatis Dr Leisure Town Rd Hawkins Rd Katleba Ln Ag Buffer Reading Wy Zephyr Ln Union Wy V a c a v i l l e S 2 I n v e s t o r s Urban Reserve V a c a v i l l e S 2 I n v e s t o r s Elmira Rd ± 0 Arbor Oaks Dr Arroyo Ct 250 500 1,000 Feet 1 inch = 1,000 feet Legend Marigold Dr Primrose Dr Vinca Wy Tulip St Vacaville S2 Investors Property Agricultural_Buffer Urban_Reserve Urban Growth Boundary City Limits South A St Urban Growth Boundary
Attachment 3 Vacaville General Plan Excerpts on Urban Reserve Urban Reserve. This designation is applied to relatively large, contiguous, and undeveloped geographic areas where comprehensive planning must occur prior to urbanization. The purpose of assigning the Urban Reserve designation, rather than specific land use designations in the East of Leisure Town Road Growth Area, is to demonstrate that the City eventually expects urban development in these areas, while also allowing flexibility in planning for these uses in the future. This designation has also been applied to a small area within the Northeast Growth Area where existing uses have developed in the unincorporated county. (Vacaville General Plan LU- 23) With adoption of the Urban Growth Boundary in 2008, two new growth areas were established in areas predominantly used for agriculture: the East of Leisure Town Road Growth Area and the Northeast Growth Area. The East of Leisure Town Road Growth Area is approximately 1,300 acres in size and primarily designated for future residential growth. The Northeast Growth Area is approximately 1,400 acres in size and primarily designated as an economic development area. These growth areas are not anticipated to fully develop within the 2035 horizon year of this General Plan. As such, an Urban Reserve land use designation has been applied to relatively large, contiguous geographic areas within the East of Leisure Town Road Growth Area, and to a small area within the Northeast Growth Area. Lands designated as Urban Reserve are recognized by the City as areas that may be annexed to the City and developed in the future. Areas within the East of Leisure Town Road Growth Area with an Urban Reserve land use designation will require comprehensive planning and the preparation of a Specific Plan prior to development. In conjunction with a Specific Plan, a General Plan amendment will be necessary to establish specific General Plan land use designations for each parcel of land. (Vacaville General Plan LU-45) Policy LU-P19.1 Policy LU-P1.1 Policy LU-P1.2 Require a General Plan amendment to convert lands designated as Urban Reserve to other land use designations. Require all conversions to make the findings identified in an Urban Reserve Ordinance described in Action LU- A19.1, below. Identify all properties designated as Urban Reserve as long-term annexation areas in the City s Municipal Service Review and Comprehensive Annexation Area Plan. Long-term annexation areas are areas that will not be annexed to the City within the 5- to 10-year planning period of the most current Municipal Service Review and Comprehensive Annexation Plan. Evaluate General Plan amendment requests to convert lands designated as Urban Reserve to other land use designations no more often than every 5 years. Applications to amend the General Plan to convert Urban Reserve lands must be consistent with the City s Municipal Service Review and Comprehensive Annexation Plan.
Action LU-A1.1 Policy LU-P17.8 Amend the Land Use and Development Code to establish an Urban Reserve ordinance. The ordinance shall include criteria necessary to support a General Plan amendment permitting the conversion of the land designated as Urban Reserve to another land use designation. The criteria shall allow consideration of amendments needed to retain a 20-year supply of developable land within the Urban Growth Boundary or to replenish the supply of developable land reduced since General Plan adoption. These findings shall support the General Plan Vision Statement. The General Plan Update Environmental Impact Report (EIR) assumes the following maximum development projections for the year 2035 for the lands located within the East of Leisure Town Road Growth Area, shown in Figure LU-7: Residential: 2,340 units Commercial: 160,000 square feet (12 acres) When approved development in the East of Leisure Town Road Growth Area reaches the maximum number of residential units or commercial square feet projected in the General Plan EIR, the Community Development Director shall require that environmental review conducted for any subsequent development project address growth impacts that would occur due to development exceeding the General Plan EIR s projections. This does not preclude the City, as lead agency, from determining that an EIR would be required for any development in the East of Leisure Town Road Growth Area to the extent required under the relevant provisions of CEQA (e.g. Section 21166 and related guidelines). The City will conduct the appropriate scoping at the time of initial study for any specific plan, all in accordance with these requirements. Note: The General Plan Update EIR assumed more residential units in the East of Leisure Town Road Growth Area would develop by 2035 than the number of units permitted by Policy LU-P17.1.
C I T Y O F V A C A V I L L E VACAVILLE GENERAL PLAN LAND USE ELEMENT Attachment 4 Goal LU-17 Provide for orderly, well-planned, and balanced growth in the East of Leisure Town Road Growth Area. Policies Policy LU-P17.1 Limit residential development within the East of Leisure Town Road Growth Area to 2,175 dwelling units with the following general assumptions: Brighton Landing Specific Plan Area: 780 dwelling units Properties South of Brighton Landing and North of Fry Road: 785 dwelling units Properties North of Elmira Road: 610 dwelling units Require a General Plan Amendment for residential development in excess of this amount. Policy LU-P17.2 Policy LU-P17.3 Policy LU-P17.4 Policy LU-P17.5 Policy LU-P17.6 The East of Leisure Town Road Growth Area shall include a mixture of housing densities, and attached and detached housing types consistent with the adopted land use diagram. When considering specific plan proposals for development on lands designated Residential High Density in the East of Leisure Town Road Growth Area, ensure that overall development in the East of Leisure Town Road Growth Area is on track to provide at least 13 percent of the total residential units as attached, multi-family units. Approximately 80 percent of the 610 units permitted for the properties located within the East of Leisure Town Road Growth Area, north of Elmira Road, shall be distributed between Elmira Road and Hawkins Road, west of the future north-south collector street; the remaining 20 percent shall be located north of Hawkins Road, west of the future northsouth collector street. Require that specific plans be prepared for development in the East of Leisure Town Road Growth Area to ensure that coordinated plans for land uses, public facilities, and public services are created for such area, and require that these specific plans are consistent with the City s updated infrastructure master plans that account for development in the East of Leisure Town Road Growth Area. Require that specific plans for the East of Leisure Town Road Growth Area include a diagram showing the distribution of land uses and define permitted and conditionally permitted land uses, major public facilities LU-48
C I T Y O F V A C A V I L L E VACAVILLE GENERAL PLAN LAND USE ELEMENT (including schools, parks, roads, water, sewer, and drainage facilities), phasing, infrastructure financing mechanisms, interim fire protection measures, and any other elements that may be needed to ensure an orderly development process with minimal adverse impacts to the existing community. The specific plans shall be consistent with the City s master infrastructure plans prepared for the East of Leisure Town Road Growth Area. Policy LU-P17.7 Policy LU-P17.8 Prohibit the location of competing new neighborhood shopping centers at the Hawkins Road and Leisure Town Road intersection. The General Plan Update Environmental Impact Report (EIR) assumes the following maximum development projections for the year 2035 for the lands located within the East of Leisure Town Road Growth Area, shown in Figure LU-7: Residential: 2,340 units Commercial: 160,000 square feet (12 acres) When approved development in the East of Leisure Town Road Growth Area reaches the maximum number of residential units or commercial square feet projected in the General Plan EIR, the Community Development Director shall require that environmental review conducted for any subsequent development project address growth impacts that would occur due to development exceeding the General Plan EIR s projections. This does not preclude the City, as lead agency, from determining that an EIR would be required for any development in the East of Leisure Town Road Growth Area to the extent required under the relevant provisions of CEQA (e.g. Section 21166 and related guidelines). The City will conduct the appropriate scoping at the time of initial study for any specific plan, all in accordance with these requirements. Note: The General Plan Update EIR assumed more residential units in the East of Leisure Town Road Growth Area would develop by 2035 than the number of units permitted by Policy LU-P17.1. Policy LU-P17.9 Require residential specific plans within the East of Leisure Town Road Growth Area to contain a component of housing designed to attract business executives and professionals. Policy LU-P17.10 Require Specific Plans within the East of Leisure Town Growth Area to provide a wide variety of lot sizes and housing types. Lots located adjacent to the Agricultural Buffer, north of Elmira Road, shall be 10,000 square feet in size. LU-49
C I T Y O F V A C A V I L L E VACAVILLE GENERAL PLAN LAND USE ELEMENT Policy LU-P17.11 Require specific plans within the East of Leisure Town Road Growth Area to incorporate detention basins, agricultural buffer areas, and public open spaces into the physical amenities designed into the neighborhoods. These amenities could include trails, passive open spaces, recreational spaces, or other features designed to create innovative, attractive neighborhood design. Policy LU-P17.12 Development projects within the East of Leisure Town Road Growth Area shall coordinate their respective roads, bike paths, landscape corridors, and design standards to create a unified sense of place and identity. Actions Action LU-A17.1 Reduce the width of the agricultural buffer located north of Elmira Road from 500 feet to 300 feet. A 300 foot-wide agricultural buffer is consistent with the Solano County General Plan policy that identifies the requirement for 300 foot-wide agricultural buffers. Further discussions with the Solano Irrigation District are required as part of this action, and will be addressed in an amendment to the Master Water Agreement. In the event that the City and the Solano County Irrigation District do not agree to such amendment, the buffer shall remain 500 feet in width. Action LU-A17.2 Work with the Solano Irrigation District to expand the Urban Service Area and amend the Master Water Agreement to accommodate urban development in the East of Leisure Town Road Growth Area. As part of the amendment to the Master Water Agreement, consider the width, location, and allowed uses in the agricultural buffer. LU-50