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Home My WebLink About128-07 RESOLUTION NO. 128-2007 AUTHORIZING THE INITIATION OF A GENERAL PLAN AMENDMENT STUDY BY CORRIE DEVELOPMENT CORPORATION (APPLICANTS) AND ARMAND BOREL (PROPERTY OWNER) INVOLVING THE 7.0 ACRE NORTHERLY PORTION OF A 16.65 ACRE PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF FOSTORIA WAYAND CAMINO RAMON (3020 FOSTORIA WAY - APN 218-090-031) WHEREAS, Corrie Development Corporation (Applicants) has requested authorization to initiate a General Plan Amendment Study involving the 7.0 acre northerly portion of a 16.65 acre property located at the northwest comer of the intersection of Fostoria Way and Camino Ramon (3020 Fostoria Way - 218-090-031); and WHEREAS, Corrie Development Corporation has submitted documentation to the Town of Danville indicating it has entered into an unrecorded Real Property Option and Purchase Agreement, dated June 14, 2004, pursuant to which Armand Borel (Property Owner) granted an option to purchase the subject 16.65 acre property to Sidney Corrie, Jr., owner of Corrie Development Corporation; and WHEREAS, said documentation of option rights is in the form of the Memorandum of Option involving the subject property and recorded with the County Recorder's Office on August 23,2004 ("DOC-2004-0299282-00); and WHEREAS, Applicants have indicated their intent to submit application for a General Plan Amendment Study proposing a mix of uses on the 7.0 acre property, with the requested uses including, a hotel, a self-storage facility, and a mix of commercial uses providing for general retail, restaurant and office occupancies; and WHEREAS, the 7.0 acre subject property is a portion of the 66.6 acre property involved with a prior general plan, amendment study request, processed in the earlier 1980s as General Plan Amendment request GP A 85-2, that resulted in the application of the three land use designations, including Residential - Single Family - Medium Density (3-5 dwelling units per acre), Residential - Multiple Family - Medium Density (13-21 dwelling units per acre), and Commercial; and WHEREAS, General Plan Amendment request GP A 85-2, as approved by the Town Council on February 18, 1988, imposed development standards and limitations as to how these three land use categories could be exercised on the 66.6 acre property; and WHEREAS, a majority of the original 66.6 acre property was subsequently developed substantially consistent with the intent and requirements set forth through the approval of GP A 85-2; and WHEREAS, GP A 85-2 provided for approximately five acres of the 30-32 acres of lands slated for commercial use to be considered for development with hotelf motel uses and directed that a specific 1.8 acre property within the GP A study area and located next to Interstate Freeway 1-680 be developed with a motel use; and WHEREAS, to date no hotel/ motel use has been established within the 66.6 acre area addressed by GPA 85-2; and WHEREAS, the 1.8 acre property next to Interstate Freeway 1-680 was, subsequent to the approval of GP A 85-2, partially developed with roadway related improvements associated with the construction of the I-680jFostoria Way overpass and brought into Town of Danville ownership; and WHEREAS, the underlying land use designations for the undeveloped portions of the 66.6 acre area addressed by GP A 85-2, as well as the accompanying development standards and limitations set forth through the approval of GP A 85-2, remain in effect, carried forward through two subsequent Town-wide General Plan updates; and WHEREAS, as regards the 7.0 acre property covered by the current General Plan Amendment Study authorization request, is subject to development standards and limitations set forth through GP A 85-2 directing that a minimum of 385-470 feet of the northerly portion of the property (equates to a range of 3.9 to 4.8 acres of the 7.0 acre property) be developed consistent with the Residential - Single Family - Medium Density (3-5 dwelling units per acre) land use designation; and WHEREAS, the remaining, southerly portion of the 7.0 acre property (i.e., 2.2 to 3.1 acres) is subject to development standards and limitations set forth through GP A 85- 2 directing development with "destination commercial" uses such as automobile dealers, automobile related products, large destination type stores, and other similar stores which depend on the general public's knowledge of their location through marketing efforts or repeat shopping; and WHEREAS, as provided for under GP A 85-2 the southerly portion of the 7.0 acre property (again being a range of 2.2 to 3.1 acres) may be considered for development PAGE 2 OF RESOLUTION NO. 128-2007 with hotel/ motel development to constitute a portion of the approximately five acres of the original 66.6 acres that may be considered for that use; and WHEREAS, the Town of Danville requires Town Council authorization prior to preparation of General Plan Amendment Studies; and WHEREAS, the Town Council did consider the applicant's request at a public hearing on November 6, 2007; and WHEREAS, 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, that the Danville Town Council concurs with the recommendation of staff and authorizes the preparation of a General Plan Amendment Study; and, be it further RESOLVED, given the location and mixture of land uses surrounding the subject property, it is appropriate' to have the applicants prepare alternative schematic site and circulation plans covering the subject 7.0 acre property, with such plans extending over the remainder portion of the 16.65 acre Armand Borel property, to facilitate a thorough General Plan Amendment Study for the property; and, be it further RESOLVED, the expanded scope of the application submittal is directed to occur to allow the development review process of all the remainder property involved with GP A 85-2 to adequately identify and address development opportunities and constraints associated with the remainder property; and, be it further RESOLVED, the applicants are directed to prepare alternate development schemes beyond their preferred development scheme, with such alternate schemes to depict possible projects with land use designations of roughly comparable development yields of the current and the proposed land use designations for the development site; and, be it further RESOLVED, in acknowledgement that the Town Council typically directs applicants for GP A Studies to prepare alternate development schemes beyond their preferred development scheme, the Town Council directs the applicants to prepare alternate development schemes for the 16.65 acre Borel property as follows: PAGE 3 OF RESOLUTION NO. 128-2007 1. An U existing baseline" development scheme - reflecting current land use designations (i.e., reflecting a project consistent the mix of Residential - Single Family - Medium Density (3-5 dwelling units per acre) and the Commercial designations - with, or without, up to five acres devoted to hotel/motel use); 2. A U preferred project" development scheme - reflecting Applicant's preferred land use for the northerly 7.0 acres of the Borel property and depicting at least one possible development scheme for the southerly remainder of the Borel property that is consistent with the current land use designations and the development standards and limitations set forth through GP A 85-2 (and taking into consideration traffic capacity assigned in existing traffic models for the 16.65 acre Borel property); 3. A mixed commercial/single family residential/high density multiple family residential" development scheme - including, at a minimum, 3.33 developable acres for a multiple family residential uses (meeting the California Department of Housing and Community Development default minimum density assigned to Danville for the 2007-2014 Housing Element cycle - i.e., 30 dwelling units per acre minimum density); an appropriate amount of single family residential uses (placed as a buffer to existing single family residential uses along the north side of the project); and a mixture of commercial uses incorporating uses reflected in the applicant's preferred project and commercial uses consistent with the current land use designation and the development standards and limitations set forth through GP A 85-2; and, be it further RESOLVED, 'that the Town Council directs applicants to supplement the application for the General Plan Amendment Study for the northerly 7.0 acres with an application for a Preliminary Development Plan - Rezoning request (i.e., an application to rezone the property to a PUD zoning designation); and, be it further RESOLVED, that the Town Council directs that the submittal materials for the General Plan Amendment Study shall address potential land use compatibility, storm drainage, noise and traffic issues associated with the subject property's development; and, be it further RESOLVED, that in authorizing the above-mentioned General Plan Amendment Study, the Town Council is not indicating any predisposition to approve the requested General Plan Amendment. PAGE 4 OF RESOLUTION NO. 128-2007 APPROVED by the Danville Town Council at a regular meeting on November 6, 2007 by the following vote: AYES: Shimansky, Andersen, Arnerich, Doyle, Stepper NOES: None ABSTAIN: None ABSENT: None ~~ 1(. ~~ AYOR '\ APPROVED AS TO FORM: ATTEST: . PAGE 5 OF RESOLUTION NO. 128-2007