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14SN0508CASE MANAGER: Robert Clay ��FtElp c�0 S' 1749 Z hRc►N+A May 27, 2015 BS BS Time Remaining: ADDENDUM 365 days 14SNO508 Centralia Station LLC Bermuda Magisterial District Ecoff Elementary, Salem Church Middle and Bird High School Attendance Zones South line of Centralia Road, west of Chester Road Within the vicinity of 4421 Centralia Road REQUEST: Amendment of zoning (Case 93SN0147) relative to density and access in Agricultural (A) and Residential (R-7, R-9 and R-12) Districts, plus proffered conditions on adjacent property zoned Residential (R-7). PROPOSED LAND USE: A single-family residential subdivision with a maximum of twenty-one (21) lots, yielding a density of approximately 0.3 dwelling units per acre is planned. The purpose of this addendum is to clarify that the request for a deferral considered by the Planning Commission was from the Applicant (Centralia Station LLC) and not from the new property owner, as indicated in the "Request Analysis" and to advise the Board of the Planning Commission's recommendation for this case. PLANNING COMMISSION RECOMMENDATION ON MAY 19, 2014, AT THE REQUEST OF THE APPLICANT, THE COMMISSION DEFERRED CONSIDERATION OF THIS REQUEST TO THEIR SEPTEMBER 15, 2015 MEETING. THEREFORE, IT WOULD BE APPROPRIATE FOR THE BOARD TO DEFER THIS REQUEST TO THEIR OCTOBER 28, 2015 MEETING. CASE HISTORY Applicant (9/17/13): A new proffered condition was submitted, in an effort to address concerns expressed by the Fire Department. Providing a FIRST CHOICE community though excellence in public service Planning Commission Meeting (9/17/13): Mr. Patton recused himself from the meeting due to a potential conflict of interest. The applicant did not accept the recommendation. There was support present. Dr. Wallin noted the proposal is closer to compliance with the Comprehensive Plan; enhances the community; and reduces the impact on public facilities. Mr. Waller expressed concerns relative to deletion of an emergency access; impacts on fire protection due to planned use of individual wells; and the impact on capital facilities not being addressed. Dr. Wallin made a motion to recommend approval, which failed due to lack of a second. On motion of Dr. Wallin, seconded by Mr. Waller, the Commission voted to forward the case to the Board of Supervisors without a recommendation. AYES: Messrs. Brown, Wallin and Waller. ABSENT: Messrs. Gulley and Patton. Staff (9/20/13): The County Attorney's Office advised that State law requires that a recommendation be made by the Commission when it forwards a zoning case to the Board after public hearing. Accordingly, the Commission's vote was ineffectual and the case, by law, returns to the Commission's agenda for a recommendation. Staff (9/25/13): To date, no new information has been received. Planning Commission Meeting (10/15/13): On their own motion and with the applicant's consent, the Commission deferred this case to their December 17, 2013 public hearing. Staff (10/15/13): The applicant was advised in writing that any significant, new or revised information should be submitted no later than October 21, 2013 for consideration at the Commission's December 17, 2013 public hearing. 2 14SN0508-2015MAY27-BS-RPT-ADD Board of Supervisor's Meeting (10/23/13): On their own motion and with the applicant's consent, the Board deferred this case to their regularly scheduled meeting in January 2014. Staff (10/24/13): The applicant was advised in writing that the case was deferred to the Board's regularly scheduled January 2014 public hearing. Staff (11/15/13): To date, no new information has been received. Planning Commission Meeting (12/17/13): On their own motion and with the applicant's consent, the Commission deferred this case to their January 21, 2014 public hearing. Staff (12/17/13): The applicant was advised in writing that any significant, new or revised information should be submitted no later than December 23, 2013 for consideration at the Commission's January 21, 2014 public hearing. Staff (12/23/13): To date, no new information has been received. Staff (12/23/13): If the Planning Commission acts on this request on January 21, 2014, the case will be considered by the Board of Supervisors on January 22, 2014. Planning Commission Meeting (1/21/14): Due to inclement weather, the Planning Commission meeting was postponed to January 23, 2014. 14SN0508-2015MAY27-BS-RPT-ADD Board of Supervisors Meeting (1/22/14): On their own motion and with the applicant's consent, the Board deferred this case to their April 23, 2014 public hearing. Planning Commission Meeting (1/23/14): At the request of the applicant, the Commission deferred this case to April 15, 2014. Staff (1/24/14): The applicant was advised in writing that any significant, new or revised information should be submitted no later than February 3, 2014 for consideration at the Commission's April 15, 2014 public hearing. The applicant was also advised that a $1,000.00 deferral fee must be paid prior to the Commission's public hearing. Staff (3/6/14): To date, no new information has been received. Staff (3/26/14): If the Planning Commission acts on this request on April. 15, 2014, the case will be considered by the Board of Supervisors on April 23, 2014. Applicant (4/15/14): The deferral fee was paid. Planning Commission Meeting (4/15/14): At the request of the applicant, the Commission deferred this case to August 19, 2014. Staff (4/16/14): The applicant was advised in writing that any significant, new or revised information should be submitted no later than June 9, 2014 for consideration at the Commission's August 19, 2014 public hearing. 4 14SN0508-2015MAY27-BS-RPT-ADD The applicant was also advised that a $1,000.00 deferral fee must be paid prior to the Commission's public hearing. Board of,Supervisor's Meeting (4/23/14): This case was double -advertised, and was deferred by the Planning Commission at their April 15, 2014 public hearing to their August 19 meeting. Therefore, the Board deferred this case to August 27, 2014, in order to receive a recommendation from the Commission. Staff (4/23/14): The applicant was advised in writing that any significant, new or revised information should be submitted no later than June 9, 2014 for consideration at the Board's August 27, 2014 public hearing. Staff (7/23/14): To date, no new information has been received nor has the deferral fee been paid. Staff (7/26/14): If the Planning Commission acts on this request on August 19, 2014, the case will be considered by the Board of Supervisors on August 27, 2014. Planning Commission Meeting (8/19/14): On their own motion and with the applicant's consent, the Commission deferred this case to May 19, 2015. Staff (8/20/14): The applicant was advised in writing that any significant, new or revised information should be submitted no later than March 9, 2015 for consideration at the Commission's May 19, 2015 public hearing. The deferral fee from the April 16, 2014 meeting was paid. 5 14SN0508-2015MAY27-BS-RPT-ADD Board of Supervisor's Meeting (8/27/14): This case was double -advertised, and was deferred by the Planning Commission at their August 19, 2014 public hearing to their May 19, 2015 meeting. Therefore, the Board deferred this case to May 27, 2015, in order to receive a recommendation from the Commission. Staff (8/28/14): The applicant was advised in writing that any significant, new or revised information should be submitted no later than March 9, 2014 for consideration at the Board's May 27, 2014 public hearing. Staff (5/1/15): To date, no new information has been received. If the Planning Commission acts on this request on May 19, 2015, the case will be considered by the Board of Supervisors on May 27, 2015. Planning Commission Meeting (5/19/15): At the request of the applicant, the Commission deferred this case to September 15, 2015. Staff (5/20/15): The applicant was advised in writing that any significant, new or revised information should be submitted no later than July 6, 2015 for consideration at the Commission's September 15, 2015 public hearing. The applicant was also advised that a $1,000.00 deferral fee must be paid prior to the Commission's public hearing. The Board of Supervisors, on Wednesday, May 27, 2015 beginning at 6:30 p.m., will take under consideration this request. 6 14SN0508-2015MAY27-BS-RPT-ADD CASE MANAGER: Robert Clay 170 BS Time Remaining: 239 days STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 14SNO508 Centralia Station LLC Bermuda Magisterial District Ecoff Elementary, Salem Church Middle and Bird High School Attendance Zones South line of Centralia Road, west of Chester Road Within the vicinity of 4421 Centralia Road REQUEST: Amendment of zoning (Case 93SN0147) relative to density and access in Agricultural (A) and Residential (R-7, R-9 and R-12) Districts, plus proffered conditions on adjacent property zoned Residential (R-7). PROPOSED LAND USE: A single-family residential subdivision with a maximum of twenty-one (21) lots, yielding a density of approximately 0.3 dwelling units per acre is planned. PLANNING COMMISSION RECOMMENDATION THE PLANNING COMMISSION IS SCHEDULED TO HEAR THIS CASE AT THEIR MEETING ON TUESDAY, MAY 19, 2015. STAFF WILL ADVISE THE BOARD OF THE COMMISSION'S ACTION AFTER THEIR MEETING. STAFF RECOMMENDATION The property has recently been acquired by a new owner. The new owner is requesting deferral of the case to the Commission's September 15, 2015 public hearing. This additional time is to Providing a FIRST CHOICE community through excellence in public senTice allow the new owner time to assess the current proposal and determine if and how to proceed with the case. A deferral to the September 15, 2015 public hearing would require the submittal of any new or revised information no later than July 6, 2015. If this deadline cannot be met, a longer deferral may be appropriate. CASE HISTORY Applicant (9/17/13): A new proffered condition was submitted, in an effort to address concerns expressed by the Fire Department. Planning Commission Meeting (9/17/13): Mr. Patton recused himself from the meeting due to a potential conflict of interest. The applicant did not accept the recommendation. There was support present. Dr. Wallin noted the proposal is closer to compliance with the Comprehensive Plan; enhances the community; and reduces the impact on public facilities. Mr. Waller expressed concerns relative to deletion of an emergency access; impacts on fire protection due to planned use of individual wells; and the impact on capital facilities not being addressed. Dr. Wallin made a motion to recommend approval, which failed due to lack of a second. On motion of Dr. Wallin, seconded by Mr. Waller, the Commission voted to forward the case to the Board of Supervisors without a recommendation. AYES: Messrs. Brown, Wallin and Waller. ABSENT: Messrs. Gulley and Patton. Staff (9/20/13): The County Attorney's Office advised that State law requires that a recommendation be made by the Commission when it forwards a zoning case to the Board after public hearing. Accordingly, the Commission's vote was ineffectual and the case, by law, returns to the Commission's agenda for a recommendation. 2 14SN0508-2015MAY27-BS-RPT Staff (9/25/13): To date, no new information has been received. Planning Commission Meeting (10/15/13): On their own motion and with the applicant's consent, the Commission deferred this case to their December 17, 2013 public hearing. Staff (10/15/13): The applicant was advised in writing that any significant, new or revised information should be submitted no later than October 21, 2013 for consideration at the Commission's December 17, 2013 public hearing. Board of Supervisor's Meeting (10/23/13): On their own motion and with the applicant's consent, the Board deferred this case to their regularly scheduled meeting in January 2014. Staff (10/24/13): The applicant was advised in writing that the case was deferred to the Board's regularly scheduled January 2014 public hearing. Staff (11/15/13): To date, no new information has been received. Planning Commission Meeting (12/17/13): On their own motion and with the applicant's consent, the Commission deferred this case to their January 21, 2014 public hearing. Staff (12/17/13): The applicant was advised in writing that any significant, new or revised information should be submitted no later than December 23, 2013 for consideration at the Commission's January 21, 2014 public hearing. 3 14SN0508-2015MAY27-BS-RPT Staff (12/23/13): To date, no new information has been received. Staff (12/23/13): If the Planning Commission acts on this request on January 21, 2014, the case will be considered by the Board of Supervisors on January 22, 2014. Planning Commission Meeting (1/21/14): Due to inclement weather, the Planning Commission meeting was postponed to January 23, 2014. Board of Supervisors Meeting (1/22/14): On their own motion and with the applicant's consent, the Board deferred this case to their April 23, 2014 public hearing. Planning Commission Meeting (1/23/14): At the request of the applicant, the Commission deferred this case to April 15, 2014. Staff (1/24/14): The applicant was advised in writing that any significant, new or revised information should be submitted no later than February 3, 2014 for consideration at the Commission's April 15, 2014 public hearing. The applicant was also advised that a $1,000.00 deferral fee must be paid prior to the Commission's public hearing. Staff (3/6/14): To date, no new information has been received. Staff (3/26/14): 4 14SN0508-2015MAY27-BS-RPT If the Planning Commission acts on this request on April 15, 2014, the case will be considered by the Board of Supervisors on April 23, 2014. Applicant (4/15/14): The deferral fee was paid. Planning Commission Meeting (4/15/14): At the request of the applicant, the Commission deferred this case to August 19, 2014. Staff (4/16/14): The applicant was advised in writing that any significant, new or revised information should be submitted no later than June 9, 2014 for consideration at the Commission's August 19, 2014 public hearing. The applicant was also advised that a $1,000.00 deferral fee must be paid prior to the Commission's public hearing. Board of Supervisor's Meeting (4/23/14): This case was double -advertised, and was deferred by the Planning Commission at their April 15, 2014 public hearing to their August 19 meeting. On their own motion, the Board deferred this case to August 27, 2014, in order to receive a recommendation from the Commission. Staff (4/23/14): The applicant was advised in writing that any significant, new or revised information should be submitted no later than June 9, 2014 for consideration at the Board's August 27, 2014 public hearing. Staff (7/23/14): To date, no new information has been received nor has the deferral fee been paid. Staff (7/26/14): 5 14SN0508-2015MAY27-BS-RPT If the Planning Commission acts on this request on August 19, 2014, the case will be considered by the Board of Supervisors on August 27, 2014. Planning Commission Meeting (8/19/14): On their own motion, the Commission deferred this case to May 19, 2015. Staff (8/20/14): The applicant was advised in writing that any significant, new or revised information should be submitted no later than March 9, 2015 for consideration at the Commission's May 19, 2015 public hearing. Board of Supervisor's Meeting (8/27/14): This case was double -advertised, and was deferred by the Planning Commission at their August 19, 2014 public hearing to their May 19, 2015 meeting. On their own motion, the Board deferred this case to May 27, 2015, in order to receive a recommendation from the Commission. Staff (8/28/14): The applicant was advised in writing that any significant, new or revised information should be submitted no later than March 9, 2014 for consideration at the Board's May 27, 2014 public hearing. Staff (5/1/15): To date, no new information has been received. If the Planning Commission acts on this request on May 19, 2015, the case will be considered by the Board of Supervisors on May 27, 2015. The Board of Supervisors, on Wednesday, May 27, 2015 beginning at 6:30 p.m., will take under consideration this request. 6 14SN0508-2015MAY27-BS-RPT C Immga mmm ,M)SIMUT "T CY) a