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12SN0225CASE MANAGER: Ryan Ramsey .:: i3 i'f~L_ t;v r;r~ ~~'~ BS Time Remaining: 365 days STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 12SN0225 Emerson Companies t„i., i ~ ~ni ~ rnr ,~vZ~ n i ti ~ni ~ r+nr+ vC~91~cr~z~rr-cry November 28, 2012 BS Bermuda Magisterial District Ecoff Elementary, Carver Middle and Thomas Dale High Schools Attendance Zones Southwest corner of Fountain Square Plaza and Chester Village Drive REQUEST: Amendment of conditional use planned development (Case 95SN0309) relative to density, tract acreage and to delete the Cash Proffer in a Community Business (C- 3) District. PROPOSED LAND USE: Multi-family residential uses are planned as part of the existing Chester Village Green development. PLANNING COMMISSION RECOMMENDATION RECOMMEND DENIAL. AYES: MESSRS. GULLEY, WALLER, BROWN AND WALLIN. NAY: MR. PATTON. STAFF RECOMMENDATION Recommend denial for the following reason: While the proposed uses conform to the Chester Village Plan, the proposal does not mitigate the impact on capital facilities, thereby insuring adequate service levels are maintained and protecting the health, safety and welfare of county citizens. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER CONDITIONS.) Providing a FIRST CHOICE community through excellence in public service CONDITIONS 1. With the approval of this request, Item ILC2.J. of the Textual Statement and Proffered Condition D of Case 95SN0309 shall be deleted. All other conditions of Case 95SN0309 shall remain in force and effect. (P) 2. Balconies shall be provided on the second and third floors for at least fifty (50) percent of the dwellings on the north elevation of the building, oriented towards Fountain Square Plaza. These balconies shall be covered and architecturally compatible to the attached elevations. The balconies shall be a minimum of six (6) feet in depth and sixty (60) square feet in area. (P) PROFFERED CONDITIONS 1. There shall be a maximum of forty-four (44) dwelling units. (P) 2. The buildings shall have an architectural design generally as shown on the elevations by Walter Parks, Architect, dated September 26, 2012. (P) 3. Eighty percent (80%) of the building facade, excluding windows and doors, shall be brick or stone materials. (P) 4. Images of visible and varied roof designs and materials shall be used on at least six of the ten building sections across the north and south facades to emphasize the visual distinction between each building section and to provide the appearance of no flat roofs for those sections. (P) 5. The first story of the building shall be designed and constructed for mixed occupancy in accordance with the Virginia Construction Code (VCC). The design shall permit potential occupancy by the following use and occupancy group classifications in accordance with the 2009 VCC, or equivalent groups in subsequent code editions: R-2 (Residential Apartments/condominiums); B (Business/professional offices); M (Mercantile); A2 (Restaurant); A3 (Assembly/recreation). Additional tenant work may be required for final occupancy of specific units that is standard for any tenant completion permit prior to tenant occupancy. Stories above the first story will be designed for Group R-2 occupancy only. (BI) 6. No dwelling units shall have more than (2) bedrooms. Unit types shall be designated on building permits. (BI) 7. All dwelling units shall initially be constructed to have ceramic bathroom floors, granite kitchen countertops, and stainless steel appliances. (P) 8. Residential dwelling units shall have access to the recreational facilities associated with Festival Park at Chester Village. (P) 2 12SN0225-NOV28-BOS-RPT 9. Elevations depicting these requirements shall be submitted to the Planning Department for review and approval in conjunction with any site plan review. (P) 10. Balconies shall be provided on the second and third floors for at least fifty (50) percent of the dwelling on the north elevation of the building, oriented towards Fountain Square Plaza. (P) GENERAL INFORMATION Location: The request property is located at the southwest corner of Fountain Square Plaza and Chester Village Drive. Tax IDs 788-655-8553, 8854 and 9964. Existing Zoning: C-3 with conditional use planned development Size .6 acre Existing Land Use: Vacant Adjacent Zoning and Land Use: North, South, East and West - C-3 with CUPD; Commercial, public/semi-public and multi-family residential t TTrr TTrF c Public Water Svstem: The request site is located within the Chester water pressure zone. There is an eight (8) inch water line extending along a drive isle approximately thirty (30) feet north of the request site. Connection to the public water system is required by county code. Public Wastewater Svstem: The request site is located within the Proctors Creek sewer service area. There is an eight (8) inch wastewater line extending along the northern property boundary of the request site. Connection to the public wastewater system is required by county code. 3 12SN0225-NOV28-BOS-RPT ENVIRONMENTAL Drainage and Erosion: This request will have no impact on these facilities. PUBLIC FACILITIES The need for schools, parks, libraries, fire stations and transportation facilities in this area is identified in the County's adopted Public Facilities Plan, Thoroughfare Plan and Capital Improvement Program and further detailed by specific departments in the applicable sections of this request analysis. Fire Service: The Public Facilities Plan as part of the Comprehensive Plan indicates that fire and emergency medical service (EMS) calls increased by forty-four (44) percent from 2001 to 2011, significantly faster than the County's population increase of seventeen (17) percent. Of the total incidents in 2011, nearly seventy-six (76) percent were medical emergencies and twenty-four (24) percent were fire-related. It is expected with the general aging of the population that medical emergency incidents will increase faster than the rate of population growth over time. Five (5) new fire/rescue stations are recommended for construction by 2022 in the Plan. In addition to the five (5) new stations, the Plan also recommends the replacement/revitalization of four (4) existing stations. The Chester Fire Station, Company Number 1 currently provides fire protection and EMS. 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. Crhnnl e• The proposed amended rezoning case continues to yield forty-four (44) units. Based on the Cash Proffer Methodology, this development would yield twenty-one (21) new students (Elementary: 9, Middle: 5, High: 7). Currently, this site lies in the Ecoff Elementary School zone: capacity - 838, enrollment - 760; Carver Middle School zone: capacity - 1,275, enrollment - 1,059; and Thomas Dale High School zone: capacity - 2,750, enrollment - 2,259. The enrollment is based on October 1, 2012 student membership and the capacity is as of 2012-2013 school year. After review of this request, the proposed zoning case will have minimal impact on the aforementioned schools involved. There are currently two (2) trailers at Ecoff Elementary, three (3) trailers at Carver Middle and nine (9) trailers at Thomas Dale High. 4 12SN0225-NOV28-BOS-RPT However, it is possible that over time this case, combined with other tentative residential developments, infill developments and zoning cases in the area, will continue to push these schools to their capacity. Therefore, the aforementioned units should remain subject to full Cash Proffers, to mitigate the impact that this proposed amended case would have on schools. Libraries: Consistent with Board of Supervisors' Policy, the impact of development on library services is assessed county-wide. Based on projected population growth, the Public Facilities Plan identifies a need for additional library space throughout the County. The development noted in this case would most likely affect the Chester Library. The Public Facilities Plan identifies a need for additional library space in the Chester area. The applicant has failed to fully address the impacts of this request on library facilities. Parks and Recreation: The Public Facilities Plan identifies the need for three (3) regional parks totaling 600 acres, ten (10) community parks totaling 790 acres, nine (9) neighborhood parks totaling 180 acres, and three (3) water-based special purpose parks. The Plan also identifies the need for urban parks within mixed use developments to compliment and provide linkages to the County's park system. The Plan identifies the need for linear parks and trails and resource-based special purpose parks [historical, cultural and environmental] and makes suggestions for their locations. The Plan also addresses the need to expand existing park sites to meet level of service standards. The Plan also identifies the need to improve access to blueways through the acquisition of easements and properties. Co-location with schools and other compatible public facilities is desired. The applicant has not addressed the impact on Parks and Recreation facilities resulting from the removal of the cash proffers. County Department of Transportation: Area roads need to be improved to address safety and accommodate the traffic increase generated by this residential development. The applicant's request for this residential development is not consistent with the Board of Supervisors' Cash Proffer Policy. As development continues in this part of the County, traffic volumes on area roads will substantially increase. Cash proffers alone will not cover the costs of the improvements needed to accommodate the traffic increases. Without the applicant addressing the traffic impact of the residential development, the Transportation Department cannot support this request. Virginia Department of Transportation (VDOT~: VDOT has no comment on this immediate request. 5 12SN0225-NOV28-BOS-RPT Financial Impact on Capital Facilities: PER UNIT Potential Number of New Dwelling Units 44* 1.00 Population Increase 115.28 2.62 Number of New Students Elementary 9.42 0.21 Middle 5.02 0.11 High 6.73 0.15 TOTAL 21.16 0.48 Net Cost For Schools $393,448 $8,942 Net Cost for Parks $48,400 $1,100 Net Cost for Libraries $13,596 $309 Net Cost For Fire Stations $31,196 $709 Average Net Cost Roads $558,228 $12,687 Total Net Cost $1,044,868 $23,747 *Based on assumed maximum number of proffered lots. The actual dwelling units and corresponding impact may vary. The need for schools, parks, libraries, fire stations and transportation facilities in this area is identified in the County's adopted Public Facilities Plan, Thoroughfare Plan and adopted Capital Improvement Program and further detailed by specific departments in the applicable sections of this request analysis. As noted, this proposed development will have an impact on capital facilities. Staff has calculated the fiscal impact of every new dwelling unit on schools, roads, parks, libraries and fire stations at $23,747 per unit. The applicant has been advised that a maximum proffer of $18,966 per unit would defray the cost of the capital facilities necessitated by this proposed development. The original case (95SN0309) was approved in 1995 with Cash Proffers in the amount of $5,175 (adjusted upward by the Marshall and Swift Building Cost Index, amount is currently $9,327) for the impact of the development on schools, libraries, parks, fire stations and roads. For elderly/retirement housing, the schools portion was not proffered; these dwelling units have an approved cash proffer of $3,089 (adjusted upward by the Marshall and Swift Building Cost Index, amount is currently $5,566). The Cash Proffer Policy allows the County to assess the impact of all dwelling units in previously approved zoning cases that come back before the Planning Commission and Board of Supervisors using the calculated capital facility costs in effect at the time the case is reconsidered. It is appropriate to accept the maximum Cash Proffer of $18,966 on all dwelling units, including senior housing units. The applicant has requested to increase the housing units allowed from thirty-seven (37) to forty- four (44) for a net increase in seven (7) units. The applicant previously paid Cash Proffers for nine (9) dwelling units in 2007. The applicant has also requested to eliminate all Cash Proffers. 12SN0225-NOV28-BOS-RPT The combination of increased density and not addressing the impact of the thirty-five (35) remaining dwelling units will adversely impact the County's ability to provide adequate capital facilities to its citizens. 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. Staff recommends the applicant fully address the impact of all units on capital facilities. The Planning Commission and the Board of Supervisors, through their consideration of this request, may determine that there are unique circumstances relative to this request that may justify acceptance of no Cash Proffers for this case. T ANTI T TCF Comprehensive Plan: The Comprehensive Plan designates the subject property within the boundaries of "The Chester Plan," which suggests the property is appropriate for neighborhood mixed-use. This designation suggests a mix of neighborhood scale retail and service, professional and administrative offices, along with residential developments of varying densities. The proposed residential development does not conflict with the Plan's land use designation. Area Development Trends: Surrounding properties to the north, south, east and west are zoned commercially and are occupied by commercial, office, multi-residential and public/semi-public uses. The subject property is located adjacent to the Chester Library and south of Chester Village Green. A mix of neighborhood scale retail and service, professional and administrative offices, along with residential development of varying densities may continue in the area as suggested by the Plan. Zoning History: On September 27, 1995 the Board of Supervisors upon a favorable recommendation from the Planning Commission, approved rezoning of the request property from Agricultural (A) and Residential (R-7) to Community Business (C-3) plus conditional use planned development to permit use and bulk exceptions on this tract plus adjacent property (Case 95SN0309). Conditions of approval addressed road improvements, utilities, impacts on capital facilities, and limited density to a maximum of 200 dwelling units within the Village Green tract, where the subj ect property is located. 7 12SN0225-NOV28-BOS-RPT Current Proposal: The applicant proposes to amend the previous conditional use planned development to permit amulti-family building containing up to forty-four (44) dwelling units within the Village Green tract. As previously noted, the Village Green tract has a density restriction of 200 dwelling units on five (5) acres, with the stipulation that there is no limit on the acreage or number of overshop dwelling units (Case 95SN0309, II.C.2.J. of the Textual Statement). Today, 163 dwelling units have been constructed in the Village Green tract on a total of five (5) acres. While the maximum number of allowable units has not been reached, the maximum acreage of five (5) acres has. The subject property is permitted by right to develop a maximum of thirty-seven (37) multi-family dwelling units. The applicant proposes to delete the 200 dwelling unit and five (5) acre limitation and has proffered a condition that limits the number of proposed dwelling units to forty-four (44) on the subject property (Proffered Condition 1). This would permit a total of 207 dwelling units located in multi-family buildings on 5.7 acres within the Village Green tract. The current proposal for the request site is amulti-family building with no commercial, retail or office uses. However, the applicant has proffered that the first floor shall be constructed to be convertible to commercial, retail or office uses should demand warrant the conversion (Proffered Condition 5). The applicant has also proffered a condition that limits the maximum number of bedrooms in a dwelling unit to no more than two (2) (Proffered Condition 6). Stainless steel appliances, ceramic bathroom floors and granite kitchen countertops have also been added as an amenity for all dwelling units in the development (Proffered Condition 7). These interior finishes will be installed prior to the initial release of certificate of occupancy. Residents of the development will also be able to use recreational facilities and amenities associated with Festival Park at Chester Village. (Proffered Condition 8) Chester Village Green Parking Requirements: The Village Green tract of Chester Village Green includes mixed-use, office, retail, civic and residential buildings. Approximately 1,084 parking spaces are required by the existing or planned developments of this area. Development projects included in this calculation are shown on Attachments 2 and 3. A total of approximately 1,098 parking spaces are located within existing/planned surface parking lots, on-street parking spaces, private on-street parking spaces or within leased parking areas. This results in a net total of fourteen (14) parking spaces above the required amount of parking based on conditions of zoning and ordinance requirements. Staff must underscore the importance that these figures are approximate. The Chester Arts Center, the Bank of Virginia pad site and the proposed multifamily building on the subject property remain undeveloped. Staff used a combination of previous site plan approvals and preliminary drawings to estimate the approximate parking space figures shown in Attachment 2. These figures may fluctuate during the review and approval of undeveloped sites through the site plan process. 8 12SN0225-NOV28-BOS-RPT The conceptual plan for Chester Village Green, prepared with the original zoning case, envisioned a total of approximately 1,190 parking spaces to serve the Village Green tract. Of these 1,190 parking spaces, 900 would be within parking lots and 290 spaces would be located on-street. Today, Chester Village Green contains 959 parking spaces in completed projects. The completion of the last three (3) buildable sites in Chester Village Green will bring an approximate total of 1,098 parking spaces throughout the overall project. This results in an approximate shortfall of ninety-two (92) parking spaces when comparing the conceptual plan figure (1,190) with the anticipated number of constructed parking spaces (1,098). This figure does not include a preliminary drawing of a parking lot expansion on the northern edge of the Chester Library/Arts Center property. If this parking area is constructed, an additional eighty-six (86) parking spaces could be added to the 1,098 parking space figure. That parking area was not included due to its close proximity to an environmental feature that may impact the size and scope of this parking lot expansion. Projects within Chester Village Green are permitted to account for on-street parking spaces, whether located in public or private streets. A total of seventy-seven (77) parking spaces are within public rights-of--way. An additional seven (7) spaces are located within private streets. These parking spaces are allocated to development projects on a first come, first served basis through the site plan process. Today, a total of twenty-four (24) on-street parking spaces remain unassigned to a particular development project. No private on-street spaces remain available. A developer may request the Planning Commission and/or Director of Planning to grant a waiver to parking standards, as outlined in Case 95SN0309. As of today, no projects within Chester Village Green have sought this mechanism for relief. Staff notes that the Board of Zoning Appeals has approved a variance of 155 parking spaces to the 326 parking space requirement for the Chester Village Senior Apartments (Case 04AN0123). That case provided justification for a parking reduction with two (2) points: 1) the dwellings would be age-restricted; and 2) the dwellings would be one (1) to two (2) bedroom units and consequently require less parking. Staff finds that the Village Green tract of Chester Village Green meets the required provisions for parking areas per conditions of zoning and regulations within the Zoning Ordinance. Chester Village Green was developed as a mixed-use project with a variety of parking options, including on-site, on-street and off-site parking arrangements. The anticipated build out of the project will align with the conceptual plan methodology for parking arrangements. In addition, the aggregate project will provide an adequate number of parking spaces for residents and patrons alike. Subject Property Parking Requirements: The proposed multi-family building will contain a maximum of forty-four (44) dwelling units, which requires eighty-eight (88) parking spaces. The applicant has the ability to utilize a combination of on-street, on-site and off-site parking areas to address the parking requirements of the Zoning Ordinance. As of today, twenty-four (24) on-street spaces are 9 12SN0225-NOV28-BOS-RPT available within Chester Village Green. By claiming these parking spaces for the proposed development, no future development in Chester Village Green could utilize these on-street spaces. Approximately seven (7) parking spaces could be developed on the subject property. The adjacent parking area located at 11923 Centre Street (Tax ID 789-655-0456) has thirty-five (35) parking spaces that could be leased for this development. The applicant states that these thirty-five (35) spaces have deeded access to the subject property. These parking areas aggregate a total of approximately sixty-six (66) parking spaces that could serve the proposed multi-family building. This leaves a potential deficit of approximately twenty-two (22) parking spaces for the developer to address prior to site plan approval. The developer may ask for a reduction in the number of required parking spaces through two different exception processes. During the site plan process, the developer may request the Planning Commission and/or Director of Planning to grant a waiver to parking standards, as outlined in Case 95SN0309. Conversely, the Board of Zoning Appeals may consider a variance to the number of required parking spaces. Ultimately, the developer is responsible for providing required parking, reducing the number of proposed dwelling units, or obtaining an exception or variance to parking requirements prior to site plan approval. Architecture and Desi The request property lies within the Chester Village Core. Where not addressed in the previous zoning case (95SN0309), new construction must conform to the development standards of the Zoning Ordinance which address access, parking landscaping, architectural treatment, setbacks, signs, buffers, utilities, screening of dumpsters and loading areas. Case 95SN0309 permits the Commission to modify landscaping, sign and lighting standards under certain circumstances. Within the Chester Village Core Area, no building exterior (whether front, side or rear) may consist of architectural materials inferior in quality, appearance or detail to any other exterior of the same building. No portion of a building constructed of unadorned cinder block or corrugated and/or sheet metal shall be visible from any adjoining agricultural or residential zoning district or any public right-of--way. Further, buildings shall be designed to impart harmonious proportions and to avoid monotonous facades or large bulky masses. Buildings shall possess architectural variety but shall be compatible with existing structures, especially nearby structures of high historic interest. New or remodeled buildings shall enhance an overall cohesive village character as reflected in existing structures. This character shall be achieved through the use of design elements such as materials, balconies and/or terraces, articulation of doors and windows, sculptural or textural relief of facades, architectural ornamentation, varied roof lines or other appurtenances such as lighting fixtures and/or planting. The applicant has proffered several conditions that address architectural and design standards for the proposed building. The applicant has proffered a condition that establishes the architecture of the multifamily building to the elevation drawings attached 10 12SN0225-NOV28-BOS-RPT to the staff report (Proffered Condition 2, Attachment 1). The elevation depicts a building that will be consistent with the style, windows and building materials of other buildings within the Village Green tract. Proffered Condition 3 states that eighty (80) percent of the building facade, minus window and door openings, will be brick or stone materials. Proffered Condition 4 outlines the requirement that the north and south elevations of the building will incorporate a visible and varied roof design. This element will reinforce that the roof line is multi-dimensional and that six (6) of the ten (10) building sections will have a variable roof design. Elevations depicting the architectural and design criteria for this building will need to be reviewed and approved in conjunction with any site plan review (Proffered Condition 9). Each of these proffered and staff recommended conditions will ensure high quality architectural standards for the proposed multi-family building. The existing zoning case (95SN0309) will also continue to regulate architectural and design standards for the request property. A design theme and architectural diagram shall be developed in a way that is generally depicted in the photos and elevations attached to case 95SN0309. In addition, a "Design Review Board" is tasked with developing and reviewing design guidelines. The underlying zoning case also enumerates that an overall design theme shall be established for the Village Green tract, a theme which provides "continuity, identity, and cohesiveness including street lights, paving materials, signage, landscape design and materials, building design and materials, and other site features such as fountains, benches, gazebos, sidewalk cafes, bollards, and fencing." These standards will remain in place to guide and regulate architectural standards for the request property. Staff finds that the current request meets the architectural standards set forth in the Chester Village Core Area of the Zoning Ordinance. The applicant has proffered conditions that ensure quality building materials, a varied and dimensional roof line and an architectural design that attempts to mimic the style and design of existing buildings in Festival Park at Chester Village Green. The applicant has proffered a condition to require balconies on the north elevation of the proposed building (Proffered Condition 10). Balconies are an architectural element that provides residents with the opportunity to actively engage outdoor spaces. The building's close proximity to Fountain Square Plaza lends itself to having balconies that provide residents the opportunity to observe events and activities held in the square. Adjacent to the square, multifamily apartments to the east and a mixed-use building to the north have already incorporated balconies overlooking Fountain Square Plaza. Staff offers a modification to the applicant's Proffered Condition 10 with the addition of Condition 2. The current elevations do not depict the size or scale of the proposed balconies. To ensure that properly sized balconies are incorporated into the apartment project, staff has outlined an additional requirement that balconies be a minimum of six (6) feet in depth and sixty (60) feet in area in Condition 2. 11 12SN0225-NOV28-BOS-RPT CONCLUSION The applicant has not offered measures to adequately address the impacts of this development on necessary capital facilities as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the need for roads, schools, parks, libraries and fire stations are identified in the Public Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program, and the impact of this development is discussed herein. No conditions have been offered in this case to mitigate the impact on capital facilities in accordance with the Board of Supervisors' Policy, thereby insuring adequate service levels are maintained and protecting the health, safety and welfare of county citizens. Given these considerations, staff recommends denial of this request. CASE HISTORY Planning Commission Meeting (7/17/12): On their own motion and with the applicant's consent, the Commission deferred this case to their August 21, 2012 public hearing. Staff (7/18/12): The applicant was advised in writing that any significant, new or revised information should be submitted no later than July 23, 2012 for consideration at the Commission's August 21, 2012 public hearing. Applicant (8/9/12): Revised proffered conditions were submitted. Applicant (8/20/12): Revised proffered conditions were submitted. Planning Commission Meeting (8/21/12): On their own motion, the Commission deferred this case to their October 16, 2012 public hearing. 12 12SN0225-NOV28-BOS-RPT Staff (8/22/12): The applicant was advised in writing that any significant, new or revised information should be submitted no later than August 27, 2012 for consideration at the Commission's October 16, 2012 public hearing. Staff (9/28/12): To date, no new information has been received. Planning Commission Meeting (10/16/12): The applicant's representative did not accept the recommendation of staff. One (1) citizen presented opposition to the request relative to parking issues and the elimination of Cash Proffers. The removal of the Cash Proffers will displace the financial burden from the developer to the current residents of the County. Dr. Brown stated that the lack of Cash Proffers being offered by the applicant would preclude him from being able to support this request. Mr. Patton discussed the elimination of Cash Proffers in the zoning application in view of the construction quality proffers submitted by the applicant. He felt that the architecture and design of the building established by the applicant's proffers would require a quality product to be constructed on the site. In addition, the nature of the proposal qualified it as a revitalization and infill project for Chester Village Green. Consequently, this project should be afforded flexibility from the Cash Proffer Policy to eliminate Cash Proffers. Mr. Waller spoke to the fact that the proposal appears to be a high quality project for Chester Village Green. However, Mr. Waller's review of the Cash Proffer Policy did not lend support to the applicant's proposal to have an entirely residential building without additional Cash Proffers being paid. Rather, he could see some support in the reduction of Cash Proffers if the building were to include a commercial component on the ground floor. Dr. Wallin agreed with Mr. Patton's statement that the project would serve as infill development as well as a prof ect to revitalize the subject property. He then explained his concern relative to the elimination of Cash Proffers for the applicant's request. By not providing any additional Cash Proffers to off-set the additional residential units, the County would essentially subsidize a portion of the development costs for the applicant. This request would reduce the development costs for the developer at the expense of the County and current residents. He then stated that the applicant could have considered a larger partial Cash Proffer payment to off-set the impact to the County's capital facilities. 13 12SN0225-NOV28-BOS-RPT Mr. Waller stated that zoning cases such as this underscore the need for the Board of Supervisors to revisit the County's Cash Proffer Policy. He expressed his view that the Policy needs to be examined and revised to provide more equitable options for developers to build residential projects. On motion of Dr. Brown, seconded by Mr. Waller, the Commission recommended denial of the zoning request. AYES: Messrs. Gulley, Waller, Brown and Wallin. NAY: Mr. Patton. 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