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Home My WebLink AboutAGENDA REPORT 2004 0519 CC REG ITEM 09ATO: FROM: DATE: MOORPARK CITY COUNCIL AGENDA REPORT Honorable City Council Barry K. Hogan, Community Development TTEM 9 • A S-19-14404- April 23, 2004 (CC Meeting of 5/19/04) Directo SUBJECT: Consider Whether Appliance Sales, Distribution and Warehousing are Commercial Uses in Compliance With the Existing SDI Development Agreement for the Land Located on the East Side of SR 23, Immediately North and South of New Los Angeles Avenue (Lots 1 and 2 of Tract 5004) SUMMARY At the April 21, 2004 Affordable Housing /Community Development Committee (Mayor Hunter and Councilmember Mikos) meeting, Mr. Selleck asked the Committee to consider whether or not the corporate offices (8,000 square feet), a showroom (8,000 square feet) and appliance distribution warehousing facilities (115,000 square feet) were within the commercial uses of the adopted Development Agreement. Specifically, the owners of Warehouse Discount Appliance would like to construct a single building with these uses on Mr. Selleck's 8.1 acre site. The Committee recommended that the item be referred to the Council for consideration without specifying a course of action. BACKGROUND /DISCUSSION On August 28, 1996, the City Council adopted Ordinance 220 approving a Development Agreement with Special Devices, Inc. (SDI). The Development Agreement described a number of items which were to be accomplished by SDI, as well as setting forth the permitted uses for Lots 1, 2, and 3. Lot 3 has been developed with the SDI facility while Lots 1 and 2 have been graded, but remain undeveloped. With respect to the allowable uses for Lots 1 and 2, Section 6.k. of the Development Agreement states: S: \Community Development \DEV PMTS \C P D \Selleck- Warehouse Appliance \cc agenda report.doc 000022 Honorable City Council May 19, 2004 Page 2 Developer agrees that the maximum building square footage for Lot 1 of VTTM No. 5004 shall not exceed 132,183 and for Lot 2 of VTTM No. 5004 shall not exceed 37,200, and further agrees that the permitted and conditionally permitted uses of Lots 1 and 2 shall be limited to: (i) shopping centers; (ii) hotels and motels; (iii) bars, taverns and night clubs but only in conjunction with a hotel or motel use; (iv) conference centers and convention centers; (v) hospitals; (vi) retail pharmacies for prescription pharmaceutical only; (vii) restaurants, cafes and cafeterias; (viii) retail trades, only within a building; and (ix) motor vehicle, mobile home, recreation vehicle and boat dealers and for Lot 2 only, automobile service station including a mini mart. Subsequently, SDI sold Lots 1 and 2. Dan Selleck is the current owner. The Development Agreement will expire in 2006 at which time, unless the Development Agreement is extended or modified, the CPD zoning would govern the allowable land uses on Lots 1 and 2. nNnT.V C T C The question before the Council is whether the uses proposed by Warehouse Discount Center fit within the parameters of Section 6.k. of the Development Agreement, are consistent with the General Commercial land use and consistent with the CPD zoning. The Moorpark General Plan Land Use Map shows the sites as General Commercial. General Commercial is defined in the General Plan as follows: C -2 General Commercial (.25 FAR) This designation provides fro commercial areas with a wide range of retail and service activities (6 -20 acres). Intended uses include community shopping centers, department stores, restaurants, automotive uses, office and professional services, and business support services. This designation encourages the grouping of commercial outlets into consolidated centers with direct access to major roads, arterials and /or freeways. 000023 Honorable City Council May 19, 2004 Page 3 The zoning for the site is Commercial Planned Development (CPD) which is defined as follows: The purpose of this zone is to encour< coordinated, innovative and efficient to provide areas for a wide range business uses, including stores, shops commodities or performing services community. age the development of commercial sites and of commercial retail and offices supplying for the surrounding It is clear to staff that the distribution portion of the proposed use is not within the parameters of the Development Agreement due to the industrial nature of the distribution use and the fact that the distribution portion of the use is the predominant or primary use. Warehouse Discount Center is proposing to centralize its appliance distribution, establish its corporate headquarters and create a showroom at this site. They would acquire the entire 8.1 acre site and place a 115,000 square foot building on the site, devoting approximately 8,000 square feet to office and 8,000 square feet to showroom as well as a companion 25,500 square foot retail building for furniture and /or associated uses. The warehousing use is typical of what one would find in a light industrial area. The primary use is distribution of appliances while sales and office use are secondary. The applicant has indicated that the company produces annual earnings of $56 million from all of its stores in other communities. The annual retail sales from the proposed showroom in Moorpark is estimated by Warehouse Discount Center to be $8.5 million. Another way to look at the use issue is to ask if this use would be acceptable in other CPD area such as the Moorpark Marketplace, Moorpark Towne Center, Mission Bell Plaza or any other of the many CPD zones in the City? Development of the site with such a use would also be architecturally challenging having to deal with the monolithic nature of the warehouse building as well as the visibility of the site. Loading docks would need to be screened; the mass of the building disguised and the aesthetics of the site and building would need to be of the highest quality due to its prominent location above the freeway. However, should it be the Council's desire to allow such a use it would require an amendment to the Development Agreement, an 000024 Honorable City Council May 19, 2004 Page 4 amendment to the General Plan text language for General Commercial and /or an amendment in the Land Use Plan Map, and possibly an amendment in the zoning for the site. STAFF RECOMMENDATION Find that the distribution use is not within the uses of Section 6.k. of the Development Agreement and that the distribution use is inconsistent with the General Commercial land use and the CPD zone. Attachments: 1. Proposed Front Elevation of Warehouse 2. Proposed Site Plan with Retail 3. Proposed Site Plan with Retail and Restaurant 4. Affordable /Housing Community Development Agenda Report 000025 CC ATTACHMENT 1 000026 e..Z0000 11.5 z INMAMOV11V 00 -ju-t Ir ILE- ...... .... .. 1; 1 cr RETAIL HOME SHOPPING I $$set A ttstail Contof in W;otP*'W' wAR&eou,--- ascouvr czvrv? 1111 E sHHHHOVII a 00 CP _n4 f Fes; �e ... ......... t i i { tit ' It' -7777 i ` tIF tk � f k } 1 g x i5 'X#f a y4&YSyg c k 9 i i,i co I ca i E r i I Etililiiiliii I� �t�� 1 I !? RETAIL HOME SHOPPING', ifttfilf tlktRf• Rit{ft tffel IIEr p nutr r t a n rrner If�� A gatau Gunter In Moor ark WAR& cusp n CO-r CISVrrSq IitEEfit lint }i li E# �° '�^� AFFORDABLE HOUSING COMMUNITY DEVELOPMENT COMMITTEE AGENDA REPORT TO: Affordable Housing /Community Development Committee FROM: Barry K. Hogan, Community Development Director DATE: April 14, 2004 (AH /CDC Meeting of 4/21/04) SUBJECT: Consider and Discuss Development Potential for the Property Located on the North and South Sides of White Sage Road, East of SR 23, Dan Selleck, owner. BACKGROUND On August 28, 1996, the City Council adopted Ordinance 220 approving a Development Agreement with Special Devices, Inc. (SDI). The Development Agreement described a number of items which were to be accomplished by SDI, as well as, setting forth the permitted uses for Lots 1, 2, and 3. Lot 3 has been developed with SDI facility while Lots 1 and 2 have been graded, but remain undeveloped. With respect to the allowable uses for Lots 1 and 2, Section 6.k. of the Development Agreement states: Developer agrees that the maximum building square footage for Lot 1 of VTTM No. 5004 shall not exceed 132,183 and for Lot 2 of VTTM No. 5004 shall not exceed 37,200, and further agrees that the permitted and conditionally permitted uses of Lots 1 and 2 shall be limited to: (i) shopping centers; (ii) hotels and motels; (iii) bars, taverns and night clubs but only in conjunction with a hotel or motel use; (iv) conference centers and convention centers; (v) hospitals; (vi) retail pharmacies for prescription pharmaceutical only; (vii) restaurants, cafes and cafeterias; (viii) retail trades, only within a building; and (ix) motor vehicle, mobile home, recreation vehicle and boat dealers and for Lot 2 S: \Community Development \DEV PMTS \C P D \Selleck- Warehouse Appliance \Att 4.doc CC ATTACHMENT 4 000029 Affordable Housing /Community Development Committee April 21, 2004 Page 2 only, automobile service station including a mini mart. Subsequently, SDI sold Lots 1 and 2. Dan Selleck is the current owner. The Development Agreement will expire in 2006 at which time, unless the Development Agreement is extended or modified, the CPD zoning would govern the allowable land uses on Lots 1 and 2. DISCUSSION Existing Site Conditions: Lot 1 is approximately 8.1 acres, topographically at approximately the same level as SR 23 and has excellent visibility from SR 23. It is also prominently visible from a great portion of the City. Lot 2 is approximately 2.4 acres and is adjacent to the New Los Angeles Avenue off ramp and has limited visibility from SR 23. Both sites have been previously graded. GENERAL PLAN /ZONING Direction General Plan 11 Zoning I Land Use Any change to the land use would require an amendment to the Development Agreement, potential amendment to the zoning, potential amendment to the General Plan and environmental documentation. 000030 Commercial Planned Graded and Site General Commercial Development undeveloped ................................................................................................................................................................................................................................................................................................. (CPD) ............................... .................................................................................................................... North . ........................................... Open Space Open Space Arroyo Simi ................................................................................................................................................................................................................................ (OS) ............................... Open Space (OS) and Open Space and South Open Space and Limited Special Devices, Manufacturing Industrial Inc. (M -2) ............................... ...................................................................................................................................................................................................................... Open Space Arroyo Simi and East Open Space (OS) ............................... open space ..................................................... ............................... ........................................................................ West ............................... ............................................................................................................................................................... Open Space and Open Space (OS) and Open space and Freeway Freeway SR 23 Any change to the land use would require an amendment to the Development Agreement, potential amendment to the zoning, potential amendment to the General Plan and environmental documentation. 000030 Affordable Housing /Community Development Committee April 21, 2004 Page 3 STAFF RECODMNDATION Direct staff as appropriate. Attachments: Aerial Photo 000031