HomeMy WebLinkAboutPlanning Commission Resolution 2014-08 04/22/2014RESOLUTION NO. 2014-08
CITY OF PETALUMA PLANNING COMMISSION
DE YN ING A ZONING MAP AMENDMENT TO THE IMPLEMENTING ZONING ORDINANCE
FOR THE LYNCH CREEK PLAZA PROJECT LOCATED AT THE CORNER OF NORTH MCDOWELL
BOULEVARD AND LYNCH CREEK WAY
APN 007-380-007
FILE NO. 12 -GPA -0236
WHEREAS, Browman Development, Inc., submitted an application for a General Plan
Amendment and Zoning Map Amendment to change the land use designation and zoning of
the project site located at the corner of North McDowell Boulevard and Lynch Creek Way (APN
007-380-007) from Business Park to Mixed Use and the corresponding MU1 B zoning district; and,
WHEREAS, on May 28, 2013 and July 9, 2013 the City's Planning Commission held duly
noticed public hearings to consider the requested Zoning Map amendment and denied the
requested amendment; and,
WHEREAS, on July 18, 2013 Browman Development Inc. submitted an appeal of the
Planning Commission's denial of the proposed Zoning Map Amendment; and,
WHEREAS, on September 9, 2013, the City Council considered the project, the Planning
Commission's denial of the zoning map amendment, and the grounds for appeal as submitted
by the applicant, and remanded the project back to the Planning Commission for
reconsideration with direction to the applicant to eliminate the drive-thru and make design
modifications to improve compatibility with surrounding development; and,
WHEREAS, on February 19, 2014, the applicant submitted revised drawings that did
included minor design modifications but retained the original drive-thru configuration, conflicting
with direction from the City Council to eliminate the drive-thru; and,
WHEREAS, the City's Planning Commission held a duly noticed public hearing to
reconsider the requested Zoning Map Amendment on April 22, 2014.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby denies the
proposed zoning map amendment to rezone the subject property from BP (Business Park) to
MU1 B (Mixed Use) based on the findings below:
1. The proposed amendment to the Implementing Zoning Ordinance to rezone the subject
property from BP (Business Park) to MU 1 B (Mixed Use) is not consistent with the current
General Plan designation of Business Park.
2. The Planning Commission recommended to the City Council denial of the requested
General Plan Amendment to change the land use designation to Mixed Use based on
findings outlined in Planning Commission resolution 2014-07.
3. There is no evidence presented that modification of the project site from BP (Business
Park) to MU 1 B (Mixed Use) on this property would better serve the public necessity,
convenience and general welfare.
Planning Commission Resolution No. 2014-08 Page 1
4. The project as proposed includes a pharmacy drive-thru which is inconsistent with
General Plan policy 4-P-12, which prohibits the creation of new drive-thru food and
service establishments.
ADOPTED this 22nd day of April, 2014, by the following vote:
Commission Member Aye No
Benedetti- Petnic X
Lin X
Gomez I X
Marzo X
Councilmember Miller X
Vice Chair Pierre X
Chair Wolpert X
ATTEST:
Bather Hines, Commission Secretary
Absent Abstain
Bill Wolpert, Chair
APPROVED AS TO FORM:
F �
Eric W. Dl�nly, City Attorney
Planning Commission Resolution No. 2014-08 Page 2