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Meeting Date: May 23, 2017
Title: R16-0004 Catherine T. Neale and Rebecca T. Acors (Thorburn Estates), RO16-0004 (Chancellor District)
Type: Action, Resolution, Public Hearing, Ordinance, Power Point Presentation
Agenda Title: R16-0004 Catherine T. Neale and Rebecca T. Acors (Thorburn Estates), RO16-0004 (Chancellor District)
Recommendation:

The Planning Commission held a public hearing on January 4, 2017 and on a motion made by Mr. Newhouse, seconded by Mr. Smith voted 7-0 to recommend approval of the amended proffer statement dated December 8, 2016.

 

Staff recommends the Board adopt the attached resolution of denial as the proposed amendment falls short of the commitment made to mitigate impacts that were approved with the rezoning.
Summary: Request a proffer amendment to an approved rezoning R14-0008 Catherine T. Neale and Rebecca T. Acors (Thorburn Estates) which rezoned approximately 171 acres from Rural (RU) to Residential 2 (R-2) with proffers for a maximum of a 59-lot subdivision of single-family, detached units with a minimum of 2800 finished square feet.  The first requested amendment would extend the deadline to either complete the proffered off-site transportation improvements at the intersection of Chancellor Road and Old Plank Road or provide a cash contribution to the County in the amount of $971,664.00. The second requested amendment removes all trails from the development. 
Committee/Commission Summary: Planning Commission
Review Date: 1/4/2017 Status: Approved
Financial Impact: N/A
Staff Contacts: Kimberly Pomatto, Planner II
Legal Counsel: Alexandra Spaulding, Esq., Senior Assistant County Attorney
Additional Background/Other Considerations:

The Board of Supervisors continued the public hearing at the April 25th meeting to allow the applicant time to make revisions to the proffers with respect to the timing of the construction completion and cash payment in addition to the removal of all language associated with installation of trails within the development.  The applicant submitted revised proffers dated May 4, 2017 which:

1.  Removes all language associated with the installation of trails within the developmen

2.  Provides a deadline of 5 ½ years from the approval of the proffer amendment for the applicant to construct the transportation improvements

3.  Includes revised language with respect to the cash payment which includes no legally binding language that requires payment of the $971,664 to the County should the improvements not be constructed.
Consequence of Denial/Inaction: The property may develop as permitted by the approved rezoning R14-0008.
 
ATTACHMENTS:
Name: Description: Type:
BOS_Presentation_5-23-17_-_Thorburn_Proffer_Amendment.pdf Presentation Presentation
BOS_5-23-2017_Staff_Report_-_R16-0004_Thorburn_Proffer_Amendment.pdf Staff Report Staff Report
Proffers_Executed_Dated_5-4-17.pdf Applicant's Proffers Agreement
Throburn_Proffers_-_Redline_Dated_5-4-17.pdf Redline Proffer Statement Backup Material
Applicant_s_Narrative.pdf Applicant's Narrative Backup Material
Planning_Commission_Minutes_1-4-17.pdf Planning Commission Minutes Minutes
Draft_Ordinance_RO16-0004.docx Approval Ordinance Ordinance
Denial_Resolution_R16-0004.doc Denial Resolution Resolution
Ad.pdf Advertisement Backup Material