HomeMy WebLinkAbout242-90 RESOLUTION NO. 242-90
AMENDING THE CONDITIONS OF APPROVAL FOR DP 89-17 J. HETTINGER PLAZA BY
REQUIRING FRONTAGE IMPROVEMENTS TO BE INSTALLED BY THE PROPERTY
OWNER WHEN THE FRONTAGE IMPROVEMENTS ARE INSTALLED ALONG THE
ADJACENT PROPERTY TO THE SOUTH.
WHEREAS, the subject site is located at 113 East Linda Mesa Avenue and is
identified as Assessor's Parcel Number 200-212-015 & 016; and
WHEREAS, Jerry Hettinger and Ron Smith received Development Plan approval
(DP 89-17) for expansion and remodel of an existing retail center on August 14, 1989; and
WHEREAS, Conditions of Approval C.2. required the applicants to conform with
the Old Town Beautification Plan; and
WHEREAS, the Town of Danville made an administrative decision to not require
streetscape improvements on the Linda Mesa Avenue and Rose Street frontages of the
subject site, but did require full installation of all beautification improvements on the
Hartz Avenue frontage of the site; and
WHEREAS, Jerry Hettinger and Ron Smith appealed the administrative decision
to require Old Town Beautification improvements to be installed along the subject site's
Hartz Avenue frontage; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on September 25, 1990; and
WHEREAS, the Planning Commission did hear and consider all reports,
recommendations, and testimony submitted in writing and presented at the hearing; and
WHEREAS, the Planning Commission of the Town of Danville denied the
applicant's appeal and modified the administrative decision to require streetscape
improvements along the subject site's Hartz Avenue frontage by deferring installation of
the paving striD and requiring the appellant to provide cash security for the amount of the
PAGE 1 OF RESOLUTION 242-90
paving improvement plus 25% (overhead costs) based on the project estimated cost
(acceptable to the City Engineer). The cash security will be held by the Town of Danville
until adjacent property redevelops and for streetscape improvements can be installed for
the entire block along Hartz Avenue;
and
WHEREAS, staff appealed the Planning Commission decision on October 4, 1990;
WHEREAS, the Town Council did hear and consider all reports and
recommendations of the appeal at a noticed public hearing on December 4, 1990; and
WHEREAS, Jerry Hettinger, as owner of J. Hettinger Plaza, agreed to install the
frontage improvements along Hartz Avenue in conformance with the Old Town
Beautification Plan when the improvements on the adjacent property to the south are
installed; and
NOW, THEREFORE, BE IT RESOLVED THAT the Town Council hereby amends
the Conditions of Approval for DP 89-17 J. Hettinger Plaza to require the owner to install
all required Old Town Beautification improvements along the Hartz Avenue frontage of
the subject site when the Old Town Beautification improvements on the adjacent site to
the south are installed; and be it
FURTHER RESOLVED, the Town Council hereby authorizes Town staff to proceed
with the installation of the Hartz Avenue frontage improvements on the adjacent site to
the north and is authorized to do minor changes approved by the City Manager as may
here after become necessary, provided such changes do not materially increase the
obligations of the Town thereunder.
RESOLVED, by the Town Council of the Town of Danville that the Town Council hereby
finds in support of this action that:
.
Installing the Hartz Avenue Old Town Beautification improvements is consistent
with and preserves the long-range intent of the Old Town Beautification Plan.
o
Implementation of the Old Town Beautification guidelines is consistent with the
goals and policies of the Downtown Master plan.
.
Implementation of the Old Town Beautification guidelines is consistent with the
intent and purpose of the Downtown Business District Ordinance No. 135 which
regulates development in downtown Danville.
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.
Installing the improvements when the improvements are installed on the adjacent
property to the south will provide a unified streetscape appearance.
.
Reimbursement from the property owner to the south to the Town of Danville at
the time of redevelopment is equitable for both property owners involved.
APPROVED by the Danville Town Council at a Regular Meeting on December 4,
1990, the following vote:
AYES: GREENBERG, LANE, RITCHEY, SCHLENDORF, SHIMANSKY
NOES: NONE
ABSTAINED: NONE
ABSENT: NONE
ATTEST:
APPROVED AS TO FORM:
CITY ATTORNEY
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