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HomeMy WebLinkAbout091-94RESOLUTION NO. 91-94 A RESOLUTION OF THE TOWN OF DANVILLE TOWN COUNCIL AMENDING THE INCENTIVE PACKAGE (LNCLUDING A MILLS ACT CONTRACT) FOR THE PREVIOUSLY DESIGNATED HERITAGE RESOURCE KNOWN AS THE BERT READ HOUSE LOCATED AT 571 HARTZ AVENUE WHEREAS, Lawrence Kelly, trustee for Dorothy Kelly, has requested approval of an incentive package to allow business and professional office uses (as defined in Section 32-15.16 b.2. and b.3. of the Downtown Business District Ordinance) at the subject site, and a Mills Act contract for property currently designated as a Danville Heritage Resource; and WHEREA~S, the subject site is located on the west side of Hartz Avenue at 571 Hartz Avenue and is identified as Assessor's Parcel Number 208-025-009; and WHE~, the subject property was designated as a Heritage Resource on April 17, 1990 by the Town Council; and WHEREAS, Ordinance No. 89-8 (Historic Preservation) of the Town of Danville establishes criteria for Heritage Resources and incentives that the Town can offer for designation; and WHEREAS, the Heritage Resource Commission did review the proposal at a noticed hearing on June 28, 1994 and recommended that the Town Council approve the requested incentives subject to Conditions of Approval; and WHE~, the public notice of this action was given in all respects as required by law; and WHEREAS, the Town Council did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing of July 19, 1994; now, therefore, BE IT RESOLVED that the Town Council of the Town of Danville makes the following findings in support of the proposed incentive package: . As an incentive to encourage owners of historic properties to participate in the Heritage Resource program, the Historic Preservation Ordinance (Ordinance No. 89-8) grants the Town authority to waive restrictions on the location of office uses in Area 1 of the Downtown Business District. . There is no evidence before the Town that business and professional office uses at the subject site will result in a negative impact to the retail atmosphere of PAGE 1 OF RESOLUTION NO. 91-94 Area I of the Downtown Business District. . The negligible minor fiscal impact resulting from a reduction of property taxes collected by the Town is outweighed by the public benefit of preserving the subject structure; and be it FLIRTHER RESOLVED, that the Town Council approves the following incentives as a part of the Heritage Resource Incentive package for the property: . Business and Professional Office uses, as defined by Section 32-15.16 b.2 and b.3 (Area 6; Business and Professional Offices) of the Downtown Business District Ordinance are permitted uses at the subject site. 2. Participation in a Mills Act Contract with the Town of Danville; and be it FURTHER RESOLVED, the Town Council hereby authorizes the Town Manager to make amendments and execute the Mills Act Contract with Lawrence Kelly in the form as lodged with the City Attorney, together with such changes as may hereafter become necessary, provided such changes do not materially increase the obligations of the Town thereunder. APPROVED by the Danville Town Council at a Regular Meeting held on Tuesday, August 2, 1994, by the following vote: AYES: NOES: ABSTAINED: None ABSENT: None Ritchey, Greenberg, Doyle, Shimansky, Waldo None APPROVED A_S TO FORM: ATFEST: C~ ATFORNEY CITY CLERK apdz27 PAGE 2 OF RESOLUTION NO. 91-94