Application of Francis P. Norsworthy for Amendment to Conditional Planned Development Mixed Use Zoning of Approximately 70 Acres of Land to Amend the Existing Proffered Conditions of the Property

Francis P. Norsworthy, owner, has submitted an application for an amendment to the conditional Planned Development Mixed Use zoning of approximately 70 acres of land located on the property with tax map numbers 33-01-142, 33-01-142A, 33-01-142A3, and 33-01-142H for the purpose of amending the existing proffered conditions of the property.

Brewer's Station was rezoned in 2014 and approved for 65 single family residences, 196 multi-family residences, 34 condominiums, and 85,000 square feet of commercial space. Since that time, the project has sat dormant. Recently, the applicant has submitted an application to amend the proffered conditions of the rezoning.  Below are the two proposed changes of significance:

1. Reduction of Cash Proffers: The applicant is proposing reducing the cash proffers by just over one million dollars. The currently approved proffered conditions include a cash proffer of $11,043 for each single-family residence and $9,255 for each multi-family and condominium residence for a total of $2,531,775. The new proposed proffers offer $6,819 for single-family residences and $5,328 for each multi-family and condominium residence for a total of $1,487,523. The applicant asserts the proposed reduction is warranted based on that the development does not have impacts on all schools, and that there are no other capacity related impacts in the County Capital Improvements Program (CIP) to address. Attached is a staff school capacity assessment for your review and a letter from Isle of Wight County Schools. Additionally the proffer statement proposes a delayed payment for the multi-family proffers until issuance of the Certificate of Occupancy for the second apartment building. The applicant has included the provision of a surety to ensure the County can draw the proffers after a period of one year if the second building were not to be built.
2. Sewer Improvements: The applicant is proposing changes in the proffer statement to remove the language which specifies the location for the sewer system and pump station as well as specific length and sizing for utility lines. The proposed proffer changes remove this language to create flexibility in locating system components but still include the requirement for County design approval during plan review.

If approved, the application would reduce the currently approved cash proffer amount by $1,044,252.  Although the County does not include future potential cash proffers in the operating budget, the proposed changes would reduce the total potential revenues the County could receive at the time of development to be used for eligible capital projects.

Based on the fact that the cash proffer amount is consistent with Planning Staff calculations and the IOW Schools assessment, the revision of the apartment proffer to include surety, and the utility proffer being acceptable to Utility Staff, Staff recommends approval of the application as presented.