HomeMy WebLinkAbout051-00RESOLUTION NO. 51-2000
GRANTING LGH ASSOCIATES ADMINISTRATIVE RELIEF FROM THE
OBLIGATION TO PAY IN LIEU PARKING FEES FOR THE COMMERCIAL
PROJECT AT 495 HARTZ AVENUE AND 294 RAILROAD AVENUE AND
AUTHORIZING A $22,237 CREDIT AGAINST THE PROJECT' S COMMERCIAL
TRANSPORTATION IMPROVEMENT PROGRAM FEE OBLIGATION IN
RECOGNITION OF THE REQUIREMENT THAT LGH ASSOCIATES MAKE A
$22,237 PAYMENT OF REIMBURSEMENT TOWARDS THE COST OF THE
TRAFFIC SIGNAL INSTALLED AT CHURCH STREET AND RAILROAD
AVENUE (APN's 208-023-015 & 020)
WHEREAS, the Development Plan request DP 98-54 and Variance request VAR 98-35
proposing the construction of one 4,000 +/- square foot commercial building at 495 Hartz Avenue
and one 3,067 +/- square foot commercial building at 294 Railroad Avenue were brought forward
to the Planning Commission for review and were approved on November 9, 1999; and
WHEREAS, at that meeting the Planning Commission recommended that the Town Council
reduce the Commercial Transportation Improvement Program (CTIP) fee for the project by an
amount equal to the project's reimbursement towards the recently installed traffic signal at
Church Street and Railroad Avenue, and
WHEREAS, the aforementioned applications were submitted prior to, and approved after, the
end of the four year in lieu parking fee moratorium period, which ended on May 1, 1999, and
WHEREAS, the subject site is located at 495 Hartz Avenue and 294 Railroad Avenue and is
further identified as Assessor's Parcel Number 208-023-015 & 020; and
WHEREAS, the subject project site is located in a prominent commercial location of the
Downtown area which the Town desires to see developed; and
WHEREAS, LGH Associates have requested the Town Council consider waiving all parking
in lieu fees and reduce the CTIP fee for the project by an amount equal to the project's
reimbursement towards the recently installed traffic signal at Church Street and Railroad Avenue;
and
WHEREAS, LGH Associates has indicated a willingness to commit to exercise the entitlements
granted under Development Plan request DP 98-54 and Variance request VAR 98-35 in a timely
manner in retum of Town approval to waive the project' s $66,500 in lieu parking fee obligation;
and
PAGE 1 OF RESOLUTION NO. 51-2000
WHEREAS, the Town of Danville Downtown Business District Ordinance authorizes the Chief
of Planning to grant administrative relief from the DBD parking regulations if strict application
of the requirements are found to be inappropriate and if measures are incorporated into affected
project approvals to assure the intent of the DBD parking standards are preserved; and
WHEREAS, the staff report submitted for Town Council consideration recommended that the
Council approve the request to reduce the CTIP fee for the project by an amount equal to the
proj ect's reimbursement towards the recently installed traffic signal at Church Street and Railroad
Avenue; and
WHEREAS, the staff report submitted for Town Council consideration recommended that the
Council approve the waiver of the parking in lieu fee subject to a commitment by the project
proponents to build both structures authorized under DP 98-54 and VAR 98-35 reflecting
specified timelines for project completion; now, therefore, be it
RESOLVED, that the Town Council of the Town of Danville approves LGH's request to reduce
the CTIP fee for the project by an amount equal to the project's reimbursement towards the
recently installed traffic signal at Church Street and Railroad Avenue; and, be it further
RESOLVED, that the Town Council approves the waiver of the parking in lieu fee subject to
the linking of the waiver to a commitment by LGH Associates to build both structures authorized
under DP 98-54 and VAR 98-35 honoring the following construction timeline:
LGH to pull building permits for the first phase of development (i.e., the 3,067 square foot
retail structure for the Church Street/Railroad Avenue site) no later than October 31,
2000, or eighteen months from the date the in lieu parking fee moratorium was terminated
LGH to complete construction of the first phase of development within a year of the
building permit issuance
LGH to secure building permits for the second phase of development (i.e., the 4,000
square foot retail structure for the Church Street/Hartz Avenue site) no later than July 1,
2001, or twenty months from the approval date for the project
LGH to complete construction of the second phase of development within a year of the
building permit issuance; and be it further
RESOLVED, that the Town Council directs the project proponents to pay the applicable in lieu
parking fees as the respective building permits are pulled for the two-phase project with the
shared understanding that if the project is completed within the specified timeline (on a phase-by-
phase basis), the in lieu parking fees pre-paid by the project proponents will be refunded; and,
be it further
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RESOLVED, that the Town Council directs that the project proponent' s failure to observe the
above-cited timeline for project construction will result in the Town's rescission of all pertinent
portions of the in lieu parking fee waiver; and, be it further
RESOLVED, that the Town Council directs that the $66,500 parking in lieu fee waiver (current
fee schedule) shall be granted to the project with the waiver being partially assigned to the
Church Street/Railroad Avenue site (i.e., a $21,000 portion of the fee waiver) and partially
assigned to the Church Street/Hartz Avenue site (i.e. a $45,500 portion of the fee waiver) as
spreading the in lieu parking fee waiver across both sites provides the appropriate incentive to
the project proponents to move forward with both approvals.
APPROVED by the Danville Town Council at a regular meeting on April 4, 2000 by the
following vote:
AYES: Greenberg,
NOES: None
ABSTAIN: None
ABSENT: None
Doyle, Arnerich,
Shimansky, Waldo
MAYOR
APPROVED AS TO FORM:
ATTESTS:
CITY ATTORNEY
CITY CLERK
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