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HomeMy WebLinkAbout037-91RESOLUTION NO. 37-9! DENYING THE REQUEST FOR AUTHORIZATION TO INITIATE A GENERAL PLAN AMENDMENT STUDY FOR A 0.55 +/- ACRE PROPERTY IDENTIFIED AS APN: 200-152-005 (OFFENHARTZ - OWNER/APPLICANT) WHEREAS, Doug Oftenhartz (Owner/Applicant) has submitted a request for authorization to initiate a General Plan Amendment Study for the 0.55 +/- acre property located at 485 La Gonda Way (APN: 200-152-005); and WHEREAS, the subject site is identified in the General Plan for Residential - Single Family - Low Density (1-3 units/net acre) and the proposed land use would require a change to a Commercial - Limited Office designation; and WHEREAS, the Town of Danville requires Town Council authorization prior to the preparation of General Plan Amendment Studies; and WHEREAS, the request was initially scheduled to be considered at the Town Council meeting of December 4, 1990; and WHEREAS, the original size of the proposed General Plan Amendment Study was reduced due to a decision by the adjoining property owner to not participate in the request (the 1.14 +/- acre Flynn property- APN: 200-152-004); and WHEREAS, at the Town Council hearing on December 4, 1990 the Town Council received a request from Doug Oftenhartz to continue the subject request due to Flynn's decision; and WHEREAS, the subject request was considered by the Town Council at their meeting of February 5, 1991; and PAGE 1 OF RESOLUTION NO. 37-91 WHERF~S, a staff report was submitted recommending that the Town Council take one of two possible actions, as follows; Option 1 - Deny the request for authorization to initiate a General Plan Amendment Study for the 0.55 +/- acre Oftenhartz property. and; Option 2 - Expand the area of review for the General Plan Amendment Study to include surrounding properties and continue the matter to the Town Council meeting of March 5, 1991, to allow staff to prepare a draft scope of study for the expanded General Plan Amendment Study. WHERF~S, the Town Council did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Danville that the Town Council hereby determines that Option I is the appropriate action and denies the authorization to initiate a General Plan Amendment Study; and be it FURTHER RESOLVED that this decision is based on the following findings: . Due to the proximity of the subject site to surrounding residential properties, a Limited Office land use may have adverse impacts on surrounding properties (due to land use compatibility considerations and circulation considerations). . The Danville 2005 General Plan recommends that office development in the E1 Cerro Planning Area be large lot office redevelopment, resulting from the consolidation of small parcels along La Gonda Way (Chapter 4, Section A. 20). An action to consider redesignating a small property (0.55 +/- acres), isolated property for office use would be inconsistent with the intent of the General Plan. PAGE 2 OF RESOLUTION NO. 37-91 , The subject site is relatively small (0.55 +/- acre), and is not an adequate size to be considered a large lot office redevelopment site. APPROVED by the Danville Town Council at a Regular Meeting on February 5, 1991 by the following vote: AYES: GREENBERG, NOES: NONE ABSTAINED: NONE ABSENT: NONE LANE, RITCHEY, SCHLENDORF, SHIMANSKY MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CI AT~~ 2'~ adpz8 PAGE 3 OF RESOLUTION NO. 37-91