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HomeMy WebLinkAboutZMA201600001 Executive Summary ZMA 2010-13 2013-04-10 (tot, 1 COUNTY OF ALBEMARL i x I EXECUTIVE SUMMARY ti 4. ] AGENDA TITLE: i AGENDA DATE: April 10, 2013 2 ZMA201000013 Hollymead Town Center(A-2) ACTION: X INFORMATION: 1 SUBJECT/PROPOSAL/REQUEST: Amend the original application plan, code of CONSENT AGENDA: 1 development and proffers ACTION: INFORMATION: 1 STAFF CONTACT(S): 11, Cilimberg, Benish and Grant ATTACHMENTS: YES I1 BACKGROUND: On February 8, 2011, the Planning Commission held a public hearing for the Hollymead Town Center, Area A-2 rezoning request. (See Attachment I, Staff Report, and Attachment II, Minutes) The Planning Commission, by a vote of 7:0, recommended approval of ZMA201000013 based on the following: II • Changephasing the p g plan to reduce the number of building permits from 30 to 25 as described in the staff report; • Proffer #6 will remain as it is with the understanding that the applicant will add another pocket park within blocks B-1 or B-2 composed of approximately 5,500 square feet; and I • Proffer#2 for road improvements to be amended as recommended by staff for dedication and construction of road improvements upon demand of the County. III On April 15, 2011, the applicant requested an indefinite deferral of this ZMA before it was advertised for a Board of Supervisors' public hearing. On March 7, 2012, the applicant requested an extension of this indefinite deferral from the 1 Director of Planning which was granted until December 31,2012 to allow additional time for the applicant to determine how to address the Planning Commission's recommendations in light of the nature of the currently approved Hollymead Town Center A-2 and market conditions at that time. Because the applicable zoning ordinance provisions only allowed the Director to grant one such extension, on October 11, 2012 the applicant requested that the Board of Supervisors further I extend the deferral of this ZMA. On December 5, 2012, the Board granted an extension of the deferral to not later than' 1 April 15, 2013. 1 DISCUSSION: 1 This matter has been scheduled for Board public hearing as an action needs to be taken by the Board before the current i deferral extension expires or the application will be deemed to have been voluntarily withdrawn, something the applicant 1 does not want to occur. The applicant has not addressed the recommendations of the Planning Commission and has I indicated to staff that conditions that lead to their prior requests for deferral extensions have not changed. The applicant i is requesting that the Board further defer this application due to continuing uncertain market conditions and with an interest in potentially having this application reviewed comprehensively along with ZMA201200005 Hollymead Town Center A-1 which has not as yet been heard by the Planning Commission and is currently indefinitely deferred. (See Attachment III) g s In December, staff noted that any extension of the deferral requested at that time should continue to be based o.n the particulars of the ZMA201000013 application and the applicant's efforts to address the Planning Commission's action on L this ZMA. The applicant has previously noted that they are considering a comprehensive review of the proffers for this ZMA as well as more recently indicating their interest in having concurrent Hollymead Town Center ZMA reviews. ,As staff noted in December, any substantive changes beyond those necessary to address the recommendations of the Planning' 1 r F i,= Commission for ZMA201000013 would likely require additional staff and Planning Commission review and necessitate a new application. RECOMMENDATION: As the recommendations of the Planning Commission in its February 8, 2011 action have not been addressed, staff would not recommend approval of ZMA201000013. However, the applicant's request is for deferral of this ZMA. In its December recommendation to the Board staff stated that, in light of the Planning Commission's recommendations and the time that has passed for the applicant to address the conditions of that recommendation, a reasonable extension of this deferral would be until April 15, 2013, which will be two(2)years since the original deferral for this ZMA. Staff believes reasonable time has been provided to reach decision on this application,but if the Board believes circumstances noted by the applicant warrant further deferral of ZMA201000013,staff recommends that the Board affirm that the purpose of the deferral continues to be based on the particulars of the ZMA201000013 as presented to the Planning Commission and on which the Planning Commission based its recommendations. It should be understood that if this ZMA is further deferred and there are substantive changes to this application that subsequently result from the applicant's on-going considerations, a new application will likely be necessary and the matter would go back before the Planning Commission for their review and recommendations. ATTACHMENTS: I. Planning Commission staff report, dated February 8, 2011 II. Planning Commission minutes, dated February 8, 2011 III. Applicant deferral request, dated March 4, 2013 } 2