AGENDA DATE: 9/13/2017
TITLE: Alternative Use of Belvedere Greenway Proffer Funds
BODY
SUBJECT/PROPOSAL/REQUEST: Public hearing to receive comments on a resolution to authorize alternative uses of cash proffer funds received from ZMA 2004-07 Belvedere Proffers 3.2 Greenway and 3.3 Greenway Bridge
ITEM TYPE: Regular Action Item
STAFF CONTACT(S): Walker, Kamptner, Blair, McCulley, Ragsdale, Crickenberger, Mahon
PRESENTER (S): Rebecca Ragsdale
LEGAL REVIEW: Yes
REVIEWED BY: Douglas C. Walker
BACKGROUND: Belvedere was rezoned on October 22, 2005 (ZMA2004-07) with proffers that included both a greenway land dedication and cash proffers for greenway improvements. (Attachment A-Proffers) Cash payments totaling $20,000 were received by the County on November 4, 2015 pursuant to Proffers 3.2 and 3.3. According to the proffers, funds received must be used within two years from the date they were received or shall be returned to the owner. Staff requested the greenway land dedication in January 2015, but it has not yet been dedicated to the County. (Attachment A-Belvedere Proffers)
STRATEGIC PLAN: Thriving Development Areas- Attract quality employment, commercial, and high density residential uses into development areas by providing services and infrastructure that encourage redevelopment and private investment while protecting the quality of neighborhoods.
DISCUSSION: Pursuant to Virginia Code ?15.2-2303.2, a locality may utilize any cash payments proffered for capital improvements for alternative improvements of the same category within the locality in the vicinity of the improvements for which the cash payments were originally made after conducting an advertised public hearing on the proposal. The governing body of the locality prior to the use of such cash payments for alternative improvements shall find: (a) the improvements for which the cash payments were proffered cannot occur in a timely manner or the functional purpose for which the cash paym...
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