HomeMy WebLinkAboutAGENDA REPORT 1996 0515 CC REG ITEM 07K AGENDA REPORT _
City of Moorpark
TO: The Honorable City Council
FROM: Paul Porter, Senior Planned
DATE: April 25, 1996 (CC meeting of May 1, 1996)
SUBJECT: CONSIDER APPROVAL OF MINOR MODIFICATION NO. 4 TO MAJOR
MODIFICATION NO. 2 OF CPD 89-1 and MINOR MODIFICATION NO. 10
TO CPD 89-2 A REQUEST FOR REIMBURSEMENT OF ART IN PUBLIC
PLACES FEES RECEIVED ON THE APPLICATION OF MISSION BELL
PARTNERS
Background
On September 7, 1994, the City Council approved the application filed by
Ventura Pacific Capital Group VI requesting approval of Major
Modification No. 2 to CPD 89-1, PM 4961 and Variance 94-1 for the
following:
Major Modification No. 2 to CPD 89-1 was approved to revise the site plan
to include a market, shops, free standing commercial buildings and a
theater. The approved revisions are as follows :
Net Site Area: Approximately 15.30 acres (666, 800 sq. ft. )
Major "A" (market) 50, 320 sq. ft.
Major "B" (theater) 35, 000 sq. ft.
Shops 111 110, 000 sq. ft . food use) 14, 850 sq. ft.
Pad "A" 5, 500 sq. ft.
Pad "B" (food use) 3, 000 sq. ft.
Pad "C" 3, 500 sq. ft.
Pad "D" (3, 500 sq. ft . food use) 5. 000 sa ft .
GROSS FLOOR AREA 117,170 sq. ft.
Tentative Parcel Map No. 4961 was approved to subdivide the property to
correspond to the various uses within CPD 89-1 as follows:
Parcel Area Sa. Ft Acres
1 (Pad A) 30,400 0.70
2 (Pad B) 25,400 0.58
3 (Market) 205, 000 4.71
4 (Pad C) 30,600 0.70
5 (Pad D) 30,000 0.69
6 (shops) 26,800 0.62
7 (Theater) 318,600 7.31
Total 666,800 15.31
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Variance 94-1 to allow 125 compact parking spaces on the proposed theater
parcel only was denied. The City Council subsequently and as a separate
action, amended the City' s Zoning Ordinance to allow up to 15% of the
required parking spaces for theaters to be compact parking spaces.
Since approval of the shopping center, three Minor Modifications to CPD
89-1 and nine Minor Modifications to CPD 89-2 have been approved.
Discussion
On April 3, 1996, Mission Bell Partners applied for Minor Modification
No. 4 to Major Modification No. 2 to CPD 89-1 and Minor Modification No.
10 to CPD 89-2 requesting that the City reimburse $24, 946 .49 to Mission
Bell Partners upon completion and acceptance of the fountain and artwork.
Of the $24, 946 .49 , $19, 363 . 10 has been previously paid by the applicants
for "Art in Public Places" . The reimbursement would be implemented
through direct cash reimbursement of $19, 363 .10 and a $5, 601.30 reduction
of the Promissory Note with the City which was part of the terms of the
Disposition and Development Agreement under Section 307. The intent of
the postponement of the fees allows for a reduction of the up-front costs
of the project and will be paid at a later date with interest accruing
at 8%. The request for reimbursement of the funds is for construction
of stone sculptures and a fountain in the plaza area between Albertson' s
and the Theater.
Artwork
The hardscape plans for the 40 foot separation between these two
buildings have been designed to create a plaza or portico atmosphere to
encourage the community's use and enjoyment of the project. A feature
of this hardscape is a sculpted stone fountain surrounded by a decorative
patterned concrete. Additional stone elements will be introduced in this
area to provide an artistic and unique element to the shopping center.
Five stones have been selected for the art feature. They are all from
the same geolologic family of travertine, limestone and onyx, all are
rich in warm southwest earth colors. The artist, Mr. Paul Lindhard' s
unique carving technique is to peal back portions of the stones ' outer
skin or rind exposing the inner gemlike quality. Each stone receives a
unique carving and finish treatment as the artist responds to the
inherent quality of the stone. Once the stones have been carved, the
artist will place each stone to create one compositional piece specific
to it ' s place.
The composition is comprised of a vertical 9 foot high carved monolith
(#9) and a horizontal 5 foot by 6 foot water basin (#2) . The #5 stone
is a 4 foot high pink colored travertine, slightly carved to reveal its
inner rich pattern. The #3 and #4 stones are lower, slightly carved and
"sitable" . All are placed to complement each other.
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The entire collection of five stones are individual works of art and at
the same time, because of their compositional arrangement and sculptural
treatment, become one unified piece. All of these elements have been
integrated into one composition. The result is the creation of a
compelling space, a space that is designed to be specific to Mission Bell
Plaza.
Estimated Cost
The following is the applicant ' s breakdown of costs :
Cost of the stone, materials and labor or the artist
to create the fountain and sculptures $17, 150
The design of the landscape/fountain $ 5, 500
Cost of constructing fountain and pump $ 6. 600
Total Estimated cost $29,250
Pursuant to Condition No. 50 of CPD 89-2 (Phase 1) and Condition No. 24
of CPD 89-1 (Phase 2) of Mission Bell Plaza, the Art in Public Places
Fund Fees are to be paid on the basis of 10 cents per square foot of
building. The following is an accounting of the fees paid under the
development permits :
CPD 89-2 $14, 077 . 90
CPD 89-1 Albertson' s $ 5, 032 . 00
City Promissory Note
(Mission Bell Partners (Shops No. 1 and Pads) $ 2, 885. 00
City Promissory Note (Theater Bldg) $ 2, 716 .39
El Pollo Loco S 253 .20
Total $24, 964.49
Accordingly, approval of the applicant ' s request would result in the
following three transactions :
1. Reimbursement to Mission Bell Partners of $14, 077. 90, paid
during development of Phase 1, pursuant to Condition No. 50 of
CPD 89-2 .
2 . Reimbursement to Mission Bell Partners of $5,285.20 paid by El
Polo Loco and Albertson's, pursuant to Condition 24 of CPD 89-
1.
3 . Reduction of the Promissory Note with the City in the amount
of $5, 601.30, representing the Art in Public Places Fee
portion of the note for Shops, Pads and Theater.
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Analysis
Staff has reviewed the Minor Modification and is of the opinion that the
proposed artwork would be complementary to the existing shopping center
and would be of public benefit. It is suggested that the City Council
impose the following condition:
Upon completion of the artwork to the satisfaction of the Director of
Community Development, the applicant shall be reimbursed the amount paid
by the applicant for "Art in Public Places" in the amount of $24, 946 .49
to be distributed as follows :
1. Reimbursement to Mission Bell Partners of $14, 077. 90, paid
during development of Phase 1, pursuant to Condition No. 50 of
CPD 89-2 and $5, 285 .20 paid by E1 Polo Loco and Albertson' s,
pursuant to Condition 24 of CPD 89-1.
2 . Reduction of the Promissory Note with the City in the amount
of $5, 106 .30, representing the Art in Public Places Fee
portion of the note for Shops, Pads and Theater.
Pursuant to Resolution No. 88-523, the Director has the authority to
approve or deny Minor Modifications. However, the Director of Community
Development is deferring the matter to the City Council because the
Director does not have the authority to reimburse the applicant for the
artwork.
Recommendation (Roll Call Vote)
Approve the attached resolution to approve the Minor Modifications to CPD
89-1 and CPD 89-2
Attachment : 1. Resolution approving Minor Modifications
2 . Artists renderings
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ATTACHMENT 2
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