HomeMy WebLinkAbout98-26 EXHIBIT A
RESOLUTION NO. 98-26
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE DENYING WITHOUT PREJUDICE A NEGATIVE
DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND
PRELIMINARY DEVELOPMENT PLAN - REZONING
REQUEST PUD 97-06 AND FINAL DEVELOPMENT PLAN
REQUEST SD 8005 ALLOWING A FIVE LOT
RESIDENTIAL DEVELOPMENT
(APN: 216-101-005 -- ATTERBURY)
WHEREAS, Bemie Atterbury (Owner) and Bill Wood (Architect) have requested approval of
a Preliminary Development Plan - Rezoning (PUD 97-06) and Final Development Plan - Major
Subdivision (SD 8005) request to rezone a 0.4 +/- acre site from P- 1; Planned Unit Development
District to a new P-1; Planned Unit Development District, allowing for the development of a five
lot single family residential development; and
WHEREAS, the subject site is located on the west side of Laurel Drive, at 58 Laurel Drive, and
is further identified as Assessor's Parcel Number 216-101-005; and
WHEREAS, the Town of Danville P-1; Planned Unit Development District requires approval
of a Preliminary Development Plan - Rezoning prior to approval of a Final Development Plan -
Major Subdivision request; and
WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a tentative map
prior to recordation of a final map; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on May
12, 1998; and
WHEREAS, the public notice of this action was given in all respects as required by law; and
WHEREAS, a staff report was submitted recommending that Planning Commission approve the
request; and
WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and
testimony submitted in writing and presented at the hearing; now, therefore, be it
RESOLVED that the Planning Commission of the Town of Danville denies the grant of a
Negative Declaration of Environmental Significance and denies without prejudice the
PAGE 1 OF RESOLUTION NO. 98-26
Preliminary Development Plan - Rezoning (PUD 97-06) and Final Development Plan - Major
Subdivision (SD 8005) request per the conditions contained herein, and makes the following
findings in support of this action:
Preliminary Development Plan - Rezoning:
The proposed Rezoning does not substantially comply with the General Plan since the
development would not result in the preservation of the limited areas within the Town
planned for multiple family development.
Community need has not been demonstrated for the single family development proposed
since multiple family housing is specifically identified within the Town's General Plan
as a needed use within the Town while single family housing is not.
Final Development Plan - Major Subdivision:
The proposed subdivision does not substantial conformance with the goals and policies
of the General Plan since the development would not result in the preservation of the
limited areas within the Town planned for multiple family development.
The design of the proposed subdivision is not in substantial conformance with the
applicable zoning regulations as the underlying General Plan land use designation allows
for a maximum of 29 units per acre while the subject application proposes a density of
only 12 units per acre.
There are a limited number of sites within the Town which are appropriate for multiple
family development. The proposed development would set a precedent to allow other
properties with a multiple family land use designation within the area and within in the
Town to develop with a single family housing product rather than a multiple family
housing product.
The subject site's proximity to the downtown area and adjacent commercial properties
make the subject site ideal for higher density multiple family development rather than the
single family housing product which is proposed.
PAGE 2 OF RESOLUTION NO. 98-26
APPROVED by the Danville Planning Commission at a regular meeting on May 12, 1998, by
the following vote:
AYES:
NOES:
ABSTAiN:
ABSENT:
Osborn, Magliano, Hunt, Jameson
Rapp, Moran, Combs
Chairman
APPROVED AS TO FORM:
City Attorney
Chief of Plan~
PAGE 3 OF RESOLUTION NO. 98-26