PETITION NO. 2006ZM-0037
SFC
Project:
Location:
Applicant's Intent: To modify zoning condition
2.a. to revise the approved site plan.
Existing Petition No.: Z93-0062 SFC
Existing Zoning: M-1 (Light Industrial)
Owner: Spur 14
RRA
Foundation Inc. and Owens Partners LP.
Applicant: Samuel B. Kellett, Et
Al
Representative: William R. Bassett, Et Al
Department of Environment and
Community Development
Recommendation
WITHDRAWAL: 2006ZM-0037 SFC
Board of Commissioners Meeting
November 1, 2006
DEFERRAL FOR 30 DAYS:
2006ZM-0037 SFC
Board of Commissioners
Meeting
December 6, 2006
DEFERRAL FOR 60 DAYS:
2006ZM-0037 SFC
This will be the third public hearing.
Condition To Be Modified:
2. To the owner's agreement to abide by the following:
a. To the site plan received by the
Department of Environment and Community Development on July 6, 1993. Said site plan is conceptual only and must
meet or exceed the requirements of the Zoning Resolution and these conditions
prior to the approval of a Land Disturbance Permit. In the event the
Recommended Conditions of Zoning cause the approved site plan to be
substantially different, the applicant shall be required to complete the
concept review procedure prior to application for a Land Disturbance Permit.
Unless otherwise noted herein, compliance with all conditions shall be in place
prior to the issuance of the first Certificate of Occupancy.
The subject site is a 26.9 acre tract of land
located on the eastern side of
The applicant is seeking the modification of
zoning condition 2.a. to revise the approved site plan to indicate 9
out-parcels. The applicant indicated
that the creation of the proposed out-parcels is necessary in order to satisfy
the needs of certain tenants of the development who wish to purchase the
buildings which they occupy. The
applicant further noted that the proposed site plan change will not change the
access or density of the site.
Staff has reviewed the proposed modification of
zoning condition 2.a. and notes that the creation of out-parcels will not
impact adjacent or nearby properties. Staff
further notes that the site is already developed and the applicant is not
seeking any variances to the required buffers or building setbacks. At the Board of Commissioners meeting held on
November 1, 2006, the Board voted to hold the subject petition for 30 days to
allow the applicant and Owens Partners, L. P., owner of a portion of the
overall development, to resolve outstanding issues. On December 6, 2006 the Board of
Commissioners deferred the petition for an additional 60 days. Since that time the applicant has requested
that the petition be withdrawn, and Staff supports the withdrawal request.
CONCLUSION:
Should
the Board of Commissioners approve this petition, the Recommended Conditions
should be revised to read as follows:
Revised Condition:
2. To the owner's agreement to abide by the following:
a. To the site plan received by the
Department of Environment and Community Development on July 6, 1993 September 26, 2006. Said site plan is conceptual only and must
meet or exceed the requirements of the Zoning Resolution and these conditions
prior to the approval of a Land Disturbance Permit. In the event the
Recommended Conditions of Zoning cause the approved site plan to be
substantially different, the applicant shall be required to complete the
concept review procedure prior to application for a Land Disturbance Permit.
Unless otherwise noted herein, compliance with all conditions shall be in place
prior to the issuance of the first Certificate of Occupancy.