04SN0224
L^1pril 20, 2001 CPC
l\1ay 18, 2001 CPC
L^1Ugust 17, 2001 CPC
No:vember 16,2001 CPC
February 15,2005 CPC
June 21,2005 CPC
October 18, 2005 CPC
December 15,2005 CPC
L^1pril 18, 2006 CPC
L^1Ugust 15,2006 CPC
October 17, 2006 CPC
January 16,2007 CPC
L^1pril 17, 2007 CPC
May 23,2007 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDA TION
04SN0224
Douglas R. Sowers and Susan S. Sowers
Matoaca Magisterial District
Grange Hall Elementary, Swift Creek Middle
and Clover Hill High Attendance Zones
East line of Lacy F arm Road
REQUEST: Rezoning from Agricultural (A) to Residential (R-12).
PROPOSED LAND USE:
A single family residential subdivision with a minimum lot size of 12,000 square
feet is planned. The applicants have proffered to limit the density to 2.0 dwelling
units per acre, yielding 292 dwelling units. (Proffered Condition 10)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
STAFF RECOMMENDATION
Recommend denial for the following reason:
Providing a FIRST CHOICE cOffiffinnity through excellence in public service
While the proposed zoning and land use complies with the adopted Upper Swift Creek
Plan which suggests the property is appropriate for residential development of 2.0
dwelling units per acre or less, the proposal fails to comply with the proposed amendment
of the Upper Swift Creek Plan, as recommended by the Planning Department.
Specifically, the proposed Plan recommended by the Planning Department suggests that
development in this area should be deferred as discussed herein.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNERS MAY PROFFER OTHER CONDITIONS.)
PROFFERED CONDITIONS
The Owners-Applicants in this zoning case, pursuant to Section 15.2-2298 of the Code of
Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, or themselves
and their successors or assigns, amend as follows their previously submitted proffers that the
development of the property is known as Chesterfield County Tax ID 695-695-3122-00000,695-
697-8107-00000 and 696-695-7571-00000 (the "Property") under consideration will be
developed according to the following conditions if, and only if, the rezoning request for R-12 is
granted. In the event the requested is denied or approved with conditions not agreed to by the
Owners-Applicants, these proffers and conditions shall be immediately null and void and of no
further force or effect.
1. Timbering. Except for the timbering approved by the Virginia State Department
of Forestry for the purpose of removing dead or diseased trees, there shall be no
timbering on the Property until a land disturbance permit has been obtained from
the Environmental Engineering Department and the approved devices have been
installed. (EE)
2. The public water and wastewater systems shall be used. (U)
3. The applicant, subdivider, or assignee(s) shall pay the following to the County of
Chesterfield prior to the issuance of each building permit for infrastructure
improvements within the service district for the property:
A. The amount approved by the Board of Supervisors not to exceed $11,500
per dwelling unit adjusted upward by any increase in the Marshall and
Swift building cost index between July 1, 2005, and July 1 of the fiscal
year in which the payment is made if paid after June 30, 2006.
B. Provided, however, that if any building permits issued on the Property are
for senior housing as defined in the proffer on age restriction, the applicant
subdivider, or assignee(s) shall pay $5, 991 per dwelling unit as adjusted
upward by any increase in the Marshall and Swift Building Cost Index
between July 1,2005 and July 1 of the fiscal year in which the payment is
made if paid after June 30, 2006. At the time of payment, the $5991 will
be allocated pro-rata among the facility costs as follows: $786 for parks
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and recreation, $402 for library facilities, $4,380 for roads, and $423 for
fire stations. Payments in excess of $5,991 shall be prorated as set forth
above.
C. Cash proffer payments shall be spent for the purposes proffered or
otherwise permitted by law.
D. If, upon the mutual agreement of the Transportation Department and the
Applicant, the Applicant provides road improvements, (the
"Improvements"), then the transportation component in this Proffered
Condition shall be reduced by an amount not to exceed the cost to
construct the Improvements so long as the cost is of equal or greater value
than that which would have been collected through the payment(s) of the
road component of the cash proffer as determined by the Transportation
Department. Once the sum total amount of the cash proffer credit exceeds
the cost of the Improvements, as determined by the Transportation
Department, thereafter the Applicant shall commence paying the cash
proffer as set forth in this Proffered Condition as adjusted for the credit.
For the purposes of this proffer, the costs, as approved by the
Transportation Department, shall include, but not be limited to, the cost of
right-of-way acquisition, engineering costs, costs of relocating utilities and
actual costs of construction (including labor, materials, and overhead)
("Work"). Before any Work is performed, the Applicant shall receive
prior written approval by the Transportation Department for the
Improvements and any credit amount.
4. Phasing. No lots shall be recorded until January 1, 2007. Thereafter, a maximum
of 100 lots may be recorded prior to January 1, 2008, a cumulative maximum of
200 lots may be recorded prior to January 1, 2009, with the remaining lots
recorded after said January 1, 2009. (P)
5. In conjunction with recordation of the initial subdivision plat and prior to the
dedication/recordation of the easement described in Proffered Condition 12, a
ninety (90) foot wide right-of-way for an east/west major arterial (the "East/West
Arterial") from the eastern Property line to the western Property line shall be
dedicated, free and unrestricted, to and for the benefit Chesterfield County. The
exact location of this right-of-way shall be approved by the Transportation
Department. (T)
6. No direct access shall be provided from the Property to Lacy Farm Road. (T)
7. Prior to any tentative subdivision approval, an access plan for the East/West
Arterial shall be submitted to and approved by the Transportation Department.
Access for the property shall conform to the approved access plan. (T)
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8. To provide an adequate roadway system, the developer shall be responsible for
the following improvements:
a. Construction of two (2) lanes of the East/W est Arterial to VDOT Urban
Minor Arterial standards (50 MPH) with modifications approved by the
Transportation Department, from the eastern property line to the western
property line;
b. Construction of left and right turn lanes along the East/West Arterial at
each approved access, if warranted, based on Transportation Department
standards;
c. Dedication to Chesterfield County, free and unrestricted, of any additional
right-of-way (or easements) required for the improvements identified in
Proffered Condition 8. (T)
9. Prior to any subdivision construction plan approval, a phasing plan for the
required improvements, as identified in Proffered Condition 8, shall be submitted
to and approved by the Transportation Department. (T)
10. Density. Development shall be limited to no more than two (2) dwelling units per
acre. (P)
11. Age Restriction. Except as otherwise prohibited by the Virginia Fair Housing
Law, the Federal Housing Law, and such other applicable federal, state, or local
legal requirements, dwelling units may be restricted to "housing for older
persons" as defined in the Virginia Fair Housing Law and shall have no persons
under 19 years of age domiciled therein (" Age-Restricted Dwelling Units"). Lots,
Tracts, or Sub-Tracts for Age-Restricted Dwelling Units shall be grouped together
on a particular portion of the Property and shall not be scattered among other
residential dwelling units. At the time of recordation of a subdivision plat the lots
shall be noted as age-restricted. (P)
12. The developer shall provide a trail along the length of Marshall Branch. The
exact length, width and treatment of the trial shall be approved by the Parks and
Recreation Department. The trail may be dedicated to the County, or a public
access easement granted to the County, or it may be owned and maintained by a
Homeowners' Association. (P&R)
GENERAL INFORMATION
Location:
East of Lacy Farm Road, north of Ahern Road. Tax IDs 695-695-3122,695-697-8107
and 696-695-7571 (Sheet 8).
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Existing Zoning:
A
Size:
146.0 acres
Existing Land Use:
Single family residential
Adiacent Zoning and Land Use:
North, South, East and West - A; Single family residential or vacant
UTILITIES
Public Water System:
A sixteen (16) inch water line extends along part of Genito Road and terminates
approximately 17,900 feet (3.4 miles) east of the request site. This site is within the
pressure zone of the future Grange Hall Water Tank, planned for construction with the
development of Magnolia Green. Use of the public water system is intended and has
been proffered. (Proffered Condition 2)
Public Wastewater System:
A fifty-four (54) inch wastewater trunk line extends along the north side of Genito Road,
adj acent to the Swift Creek Reservoir, approximately 20,250 feet (3. 8 miles) east of this
site. To provide public wastewater service, appropriately sized off-site wastewater trunk
lines will have to be constructed along Swift Creek and Turkey Branch from the existing
trunk line to this site. Use of the public wastewater system is intended and has been
proffered. (Proffered Condition 2)
ENVIRONMENT AL
Drainage and Erosion:
The property drains southeast through Marshall Branch to Swift Creek and ultimately
into Swift Creek Reservoir. There are no existing or anticipated on- or off-site drainage
or erosion problems. The majority of the property is wooded and should not be timbered
without first obtaining a land disturbance permit from the Environmental Engineering
Department (Proffered Condition 1). This will insure adequate erosion control measures
are in place prior to any timbering.
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Water Quality:
The stream (Marshall Branch) that bisects the property has a Riparian Corridor
Management Area (RCMA) buffer adjacent to it. These RCMA areas lie within the
boundaries of the calculated floodplain for the stream and have been designated to
perform a pollutant removal function as part of the Watershed Management Plan for the
Swift Creek Reservoir. As such, permitted activities in these areas are limited.
Staff suggests the developer request a site-specific evaluation as to whether the stream on
the property has perennial flow. Recent changes to the State Regulations pertaining to
the Chesapeake Bay Preservation Act require that such evaluations be conducted. Should
the stream be determined to be perennial, the RCMA boundary might require
redefinition.
Development will be subject to Ordinance relative to water quality in the Upper Swift
Creek Watershed.
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program. This development
will have an impact on these facilities.
Fire Service:
The Public Facilities Plan indicates that emergency services calls are expected to increase
forty-five (45) percent by 2015. Eight (8) new fire/rescue stations are recommended for
construction by 2015 in the Plan. Based on 292 dwelling units, this request will generate
approximately forty-six (46) calls for fire and emergency medical services each year.
The proffers address the impact on fire and emergency medical services (EMS).
(Proffered Condition 3)
The Swift Creek Fire Station, Company Number 16, currently provides fire protection
and emergency medical service. When the property is developed, the number of
hydrants, quantity of water needed for fire protection and access requirements will be
evaluated during the plans review process.
Schools:
Approximately 150 (Elementary: 66, Middle: 37, High: 47) students will be generated
by this development. The enrollment is based on September 29, 2006 and the capacity is
as of 2006-2007.
This site lies in the Grange Hall Elementary School attendance zone: capacity - 851,
enrollment - 925; Swift Creek Middle School zone: capacity - 1,027, enrollment - 1,455;
and Cosby High School zone: capacity - 1,750, enrollment - 1,212.
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This request will have an impact on the elementary and middle school involved. There
are currently four (4) trailers at Grange Hall, Seventeen (17) at Swift Creek Middle and
eleven (11) trailers at Clover Hill High.
The new Winterpock Elementary School is scheduled to open this fall and the new
Tomahawk Middle School is scheduled to open in 2008. The new elementary school
will provide relief for Spring Run and Grange Hall Elementary and the new middle
school will provide relief for schools in this area of the county. This area of the county
continues to experience growth and these schools will provide much needed space.
This case, combined with other tentative residential developments and zoning cases in the
zones, would continue to push these schools to capacity. This case could necessitate
some form of relief in the future.
The applicant has addressed the impact on schools. (Proffered Condition 3)
Libraries:
Consistent with Board of Supervisors' Policy, the impact of development on library
services is assessed Countywide. Based on projected population growth, the Public
Facilities Plan identifies a need for additional library space throughout the County. Even
if the facility improvements that have been made since the Plan was published are taken
into account, there is still an unmet need for additional library space throughout the
County.
Development in this area would most likely impact the existing Midlothian Library, the
Clover Hill Library or a proposed new branch in the Genito Road area. The Public
Facilities Plan indicates a need for additional library space in this area of the County.
The proffers address the impact on library facilities. (Proffered Condition 3)
Parks and Recreation:
The Public Facilities Plan identifies the need for four (4) new regional parks. In addition,
there is currently a shortage of community park acreage in the County. The Public
Facilities Plan identifies a need for 625 acres of regional park space and 116 acres of
community park space by 2015. The Plan also identifies the need for neighborhood parks
and special purpose parks and makes suggestions for their locations and identifies the
unmet demand for greenways. This development will have an impact on parks and
recreation facilities. The proffers address the impact on parks and recreational facilities.
(Proffered Condition 3)
The Upper Swift Creek Plan identifies Lacy Farm as an historic resource and states that
"private action" to preserve historic resources should be encouraged. Lacy Farm was
built prior to 1820 and was carefully renovated in the 1980s. Representatives from The
Chesterfield Historical Society have visited the site and note that little is left of the
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original structure and also note that extensive renovations have contributed to a loss of
historical significance of the structure. They recommend that the landowner work with
them if the house is demolished to create a record for future study.
The Upper Swift Creek Plan suggests that corridors along the perennial tributaries of
Swift Creek Reservoir should be preserved to maintain natural vegetation, wildlife
habitats, natural drainage patterns and the water quality of the reservoir, while also
permitting passive recreation for residents or employees in adjoining development.
Therefore, the Plan recommends the provision of conservation: passive recreation areas
along Marshall Branch. The applicants have agreed to provide such areas. (Proffered
Condition 12)
Transportation:
The property (146 acres) is currently zoned Agricultural (A). The applicant is requesting
rezoning to Residential (R-12), and has proffered that development will not exceed two
(2) units per acre (Proffered Condition 10). Based on single-family trip rates,
development could generate approximately 2,790 average daily trips. These vehicles
could be initially distributed through the adjacent property to the west to Moseley Road,
which had a 2006 traffic count of 413 vehicles per day (VPD).
The Thoroughfare Plan identifies a proposed east/west major arterial (the "East/West
Arterial"), with a recommended right of way width of ninety (90) feet, extending from
Lacy Farm Road, through the property, across Mount Hermon Road and Old Hundred
Road to Woolridge Road Extended. As this part of the county continues to develop, the
East/West Arterial will provide relief to many of the existing roads in this area, especially
east/west travel on Midlothian Turnpike and Genito Road. The applicant is proposing a
new location for part of the East/W est Arterial. The proposal would: 1) shift the
alignment of the East/W est Arterial towards the northern property line, generally along
the Norfolk Southern Railroad; and 2) provide a direct connection through the adjacent
parcel to the west to Moseley Road, which would not require an extension of Lacy Farm
Road. Both alignments for the East/W est Arterial provide for the same traffic
movements; the proposed relocation of the East/West Arterial is consistent with staffs
recommendation in the revisions to the Upper Swift Creek Plan. Therefore, staff
supports the proposal. The applicant has proffered to dedicate a ninety (90) foot wide
right of way for the East/W est Arterial through the entire property. (Proffered Condition
5)
Access to major arterials, such as the East/West Arterial, should be controlled. The
applicant has proffered that an access plan will be submitted, at time of tentative
subdivision review for Transportation Department review and approval, which shows
access from the property to the East/W est Arterial (Proffered Condition 7). Access to the
East/W est Arterial will be based on the approved access plan.
The traffic impact of this development must be addressed. Lacy Farm and Ahern Roads,
both of which are in the State Highway System, currently provide access from the
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property to Moseley Road. Lacy Farm Road is a narrow, partially graveled roadway with
no shoulders. Ahern Road is a paved road approximately thirteen (13) feet wide with no
shoulders and poor vertical and horizontal alignment. Development should not occur
along these roads until they are reconstructed to handle the increase in traffic. The
property has frontage only along Lacy Farm Road. The applicant has proffered that no
direct access will be provided from the property to Lacy Farm Road (Proffered Condition
6). Other than Lacy Farm Road, currently there is no public road access to the property.
In order to develop the property, the applicant would need to obtain access through
adjacent properties; such as an extension of the East/West Arterial from Moseley Road or
Mount Hermon Road, or obtain public road access south to Genito Road.
The Subdivision Ordinance requires that subdivision streets must conform to the
Planning Commission Stub Road Policy, which suggests that traffic volumes on those
streets should not exceed an acceptable level of 1,500 vehicles per day. In accordance
with the Stub Road Policy, residential collector streets may be required through parts of
the property; especially, those streets that will serve future development on adjacent
properties. Specific recommendations regarding the need for these residential collector
streets will be addressed at time of tentative subdivision review.
The applicant has also proffered to: 1) construct two (2) lanes of the East/W est Arterial
from the eastern property line to the western property line; and 2) construct left and right
turn lanes along the East/W est Arterial at each approved access, based on Transportation
Department standards (Proffered Condition 8). Based on Transportation Department
standards, left and right turn lanes along the East/West Arterial are anticipated to be
warranted at each collector street intersection.
Most area roads in this part of the county have little or no shoulders, fixed objects
adjacent to the edge of the pavement and poor vertical and horizontal alignments. The
roads need to be improved to address safety and accommodate the increase in traffic
generated by this development. Sections of Moseley Road have approximately eighteen
(18) feet of pavement with no shoulders. Moseley Road can accommodate (Level of
Service B) the low volume of traffic (413 VPD) it currently carries. As development
continues in this part of the county, traffic volumes on area roads will substantially
increase. The applicant has proffered to contribute cash towards mitigating the traffic
impact of this development. The amount is consistent with the Board's policy (Proffered
Condition 3). Proffered Condition 3 would also allow, upon mutual agreement of the
Transportation Department and the applicant, the applicant to provide road improvements
equal to the cost of such payment(s). This option will be considered at the time of
tentative subdivision plat review. Cash proffers alone will not cover the cost of the
improvements needed to accommodate the traffic increases. There are no public road
improvements for this area currently included in the Six-Year Improvement Plan, or are
expected to be in the Plan in the near future because of other priorities.
At the time of tentative subdivision review, specific recommendations will be provided
regarding access, the internal street network and providing stub road rights-of-way to
adjacent properties.
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Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 292* 1.00
Population Increase 794.24 2.72
Number of New Students
Elementary 65.99 0.23
Middle 36.79 0.13
High 46.72 0.16
TOTAL 149.50 0.51
Net Cost for Schools 1,615,344 5,532
Net Cost for Parks 230,388 789
Net Cost for Libraries 117,968 404
Net Cost for Fire Stations 124,100 425
Average Net Cost for Roads 1,284,508 4,399
TOTAL NET COST 3,372,308 11,549
*Based on a proffered maximum of two (2) dwelling units per acre (Proffered Condition 10).
The actual number of units and corresponding impacts may vary.
This case was originally evaluated using the FY2004 maximum cash proffer of $9,000 per
dwelling unit. Since the Commission originally heard this case, the Board has adopted the
FY2007 maximum cash proffer of $15,600 per dwelling unit. Per the Board's cash proffer
policy, a development proposal is subject to one change in the policy between the time the
application is submitted and when the case is decided by the Board. This case is now subject to
the $11,500 per unit impact. The applicant has been advised of the change. The applicant has
been further advised that a maximum proffer of $5,991 per unit would defray the cost of the age-
restricted portion of the proposed development, as it will have no increased impact on school
facilities. The calculations for this development's impact are based on .51 students per
household, not .53. This does not necessarily indicate that the development will not yield a
higher number of students.
Consistent with the Board of Supervisors' policy, and proffers accepted from other applicants,
the applicant has offered cash to assist in defraying the cost of this proposed zoning on such
capital facilities (Proffered Condition 3). In addition to addressing the impact on schools, parks,
libraries, and fire stations, the proffered conditions provide the county with the option to accept
road cash proffer payments on a per dwelling unit basis prior to the release of building permits or
allow the applicant to provide road improvements in lieu of the road cash proffer payment or in
conjunction with a reduced road cash proffer payment (Proffered Condition 3.D.). The proffered
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conditions, as offered in this case, adequately address the impact of this development on capital
facilities.
Note that circumstances relevant to this case, as presented by the applicant, have been reviewed
and it has been determined that it is appropriate to accept the maximum cash proffer in this case.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Upper Swift Creek Plan which suggests the property is
appropriate for residential use of 2.0 dwelling units per acre or less.
The Plan is currently being revised. The draft Plan, as recommended by the Planning
Department, suggests development in this area should be limited to agricultural and
forestall uses, isolated single-family residences on large parcels, places of worship and
other similar semi-public facilities with other types of development deferred.
Area Development Trends:
Area properties are zoned Agricultural (A) and are occupied by single family residential
dwellings or are currently vacant. As noted previously an amendment to the Plan, drafted
by staff suggests that development in this area should be deferred.
Phasing:
To address concerns of the Matoaca District Commissioner, the applicant has offered a
phasing condition. (Proffered Condition 4)
Age Restriction:
The proffers address a reduced cash proffer for any units that have an occupancy
restriction related to persons under nineteen (19) years of age. While the cash proffer is
consistent with the Board's cash proffer policy, future enforcement of this restriction will
be difficult. (Proffered Condition 11)
CONCLUSIONS
While the proposed zoning and land use complies with the currently adopted Upper Swift Creek
Plan which suggests the property is appropriate for residential development of 2.0 dwelling units
per acre or less, the proposal fails to comply with the draft revisions to the Plan, as recommended
by the Planning Department. As discussed herein, the draft revised plan suggests that
development in this area should be deferred.
Given this consideration, denial of this request is recommended.
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CASE HISTORY
Planning Commission Meeting (4/20/04):
On their own motion, the Commission deferred this case to their May 18, 2004, public
hearing.
Staff (4/21/04):
The applicants were advised in writing that any significant new or revised information
should be submitted no later than April 26, 2004, for consideration at the Commission's
May 18,2004, public hearing.
Staff (4/26/04):
To date, no new information has been received.
Planning Commission Meeting (5/18/04):
At the request of the applicants, the Commission deferred this case to their August 17,
2004, public hearing.
Staff (5/19/04):
The applicants were advised in writing that any significant new or revised information
should be submitted no later than June 17, 2004, for consideration at the Commission's
August 17, 2004, public hearing. Also, the applicants were advised that a $250.00
deferral fee must be paid prior to the Commission's public hearing.
Applicants (6/3/04):
The deferral fee was paid.
Staff (7/21/04):
To date, no new information has been received.
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Planning Commission Meeting (8/17/04):
At the request of the applicants, the Commission deferred this case to November 16,
2004.
Staff (8/18/04):
The applicants were advised in writing that any significant new or revised information
should be submitted no later than September 13, 2004, for consideration at the
Commission's November 16, 2004, public hearing. Also, the applicants were advised
that a $250.00 deferral fee must be paid prior to the Commission's public hearing.
Applicants (8/30/04):
The applicant paid the $250.00 deferral fee.
Applicants (10/26/04):
An additional proffered condition was submitted.
Planning Commission Meeting (11/16/04):
At the request of the applicants, the Commission deferred this case to February 15,2005.
Staff (11/17/04):
The applicants were advised in writing that any significant, new or revised information
should be submitted no later than December 13, 2004, for consideration at the
Commission's February 15,2005, public hearing.
Also, the applicants were advised that a $250.00 deferral fee must be paid prior to the
Commission's public hearing.
Applicants (11/24/04):
The $250.00 deferral fee was paid.
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Staff (1/3/05):
To date, no new information has been received.
Planning Commission Meeting (2/15/05):
At the request of the applicants, the Commission deferred this case to June 21,2005.
Staff (2/16/05):
The applicants were advised in writing that any significant, new or revised information
should be submitted no later than April 18, 2005, for consideration at the Commission's
June 21,2005, public hearing.
Also, the applicants were advised that a $250.00 deferral fee must be paid prior to the
Commission's public hearing.
Applicants (3/3/05):
The deferral fee was paid.
Applicants and Staff (5/13/05):
A meeting was held to discuss the request. In addition, amended proffered conditions
were submitted.
Applicants (5/20/05):
A revised proffered condition relative to density was submitted.
Planning Commission Meeting (6/21/05):
At the request of the applicants, the Commission deferred this case to October 18,2005.
Staff (6/22/05):
The applicants were advised in writing that any significant, new or revised information
should be submitted no later than August 8, 2005, for consideration at the Commission's
October 18,2005, public hearing.
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Also, the applicants were advised that a $250.00 deferral fee must be paid prior to the
Commission's public hearing.
Applicants (7/6/05):
An amendment to the proffered conditions was submitted.
Applicants (7/8/05):
The deferral fee was paid.
Planning Commission Meeting (10/18/05):
On their own motion, the Commission deferred this case to December 15,2005.
Staff (10/19/05):
The applicants were advised in writing that any significant, new or revised information
should be submitted no later than October 24, 2005, for consideration at the
Commission's December 15,2005, public hearing.
Staff (11/23/05):
To date, no new information has been received.
Planning Commission Meeting (12/15/05):
At the request of the applicant, the Commission deferred this case to April 18, 2006.
Staff (12/16/05):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than February 13, 2006, for consideration at the
Commission's April 18,2006, public hearing.
Also, the applicant was advised that a $250.00 deferral fee must be paid prior to the
Commission's public hearing.
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Applicant (1/9/06):
The deferral fee was paid.
Applicant (3/29/06):
Revised proffered conditions were submitted. In addition, the applicants requested
deferral to the August 15,2006, Planning Commission meeting.
Planning Commi ssi on Meeting (4/18/06):
At the request of the applicant, the Commission deferred this case to August 15,2006.
Staff (4/19/06):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than June 12, 2006, for consideration at the Commission's
August 15,2006, public hearing.
Also, the applicant was advised that a $250.00 deferral fee must be paid prior to the
Commission's public hearing.
Applicant (5/4/06):
The deferral fee was paid.
Staff (7/21/06):
To date, no new information has been received.
Planning Commission Meeting (8/15/06):
At the request of the applicant, the Commission deferred this case to October 17,2006.
Staff (8/17/06):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than August 21,2006, for consideration at the Commission's
October 17, 2006, public hearing.
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Also, the applicant was advised that a $250.00 deferral fee must be paid prior to the
Commission's public hearing.
Applicant (9/6/06):
The deferral fee was paid.
Staff (9/27/06):
To date, no new information has been received.
Planning Commission Meeting (10/17/06):
At the request of the applicant, the Commission deferred this case to January 16,2007.
Staff (10/18/06):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than November 13, 2006, for consideration at the
Commission's January 16,2007, public hearing.
Also, the applicant was advised that a $250.00 deferral fee must be paid prior to the
Commission's hearing.
Applicant (11/6/06):
The deferral fee was paid.
Staff (12/1/06):
To date, no new information has been received.
Planning Commi ssi on Meeting (1/16/07):
At the request of the applicant, the Commission deferred this case to April 17, 2007.
17
04SN 0224-1v1A Y23- BOS
Staff (1/16/07):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than February 12, 2007, for consideration at the
Commission's April 17,2007, public hearing.
Also, the applicant was advised that a $250.00 deferral fee must be paid prior to the
Commission's public hearing.
Applicant (2/2/07):
The deferral fee was paid.
Staff (3/23/07):
To date, no new information has been submitted.
Planning Commi ssi on Meeting (4/1 7 /07):
The applicant did not accept the recommendation. There was OpposItIon present
expressing concerns relative to water quality, impacts on public facilities, sprawl, and
health, safety and welfare.
On motion of Mr. Bass, seconded by Mr. Gulley, the Commission recommended denial.
AYES: Messrs. Gecker, Gulley, Bass, Litton and Wilson
The Board of Supervisors, on Wednesday, May 23,2007, beginning at 6:30 p.m., will take under
consideration this request.
18
04SN 0224-1v1A Y23- BOS
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