BACKGROUND: 

On July 11, 2006, the Planning Commission held a public hearing on the Westhall Phase V rezoning.  The Planning Commission recommended denial of the rezoning because it does not meet the 15 percent affordable housing goal of the County and because further consideration needs to be given for the cash contributions for the transportation.  The Planning Commission recommended disapproval of the requested waivers because the Commission could not recommend approval of the rezoning.

The applicant had proffered to provide affordable housing for up to 100% of the median household income rather than 80% of the median household income.  The applicant said he believed that the single-family detached component justified his proposal for housing up to 100% of the median household income.  The Commission said the proffer was not in keeping with the County’s adopted affordable housing policy and could not support the proffer, even with the provision of single-family detached units.  In addition, the Commission was concerned that the cash proffer for Eastern Avenue at $45,000 was not sufficient to off-set the impacts of the development. Exhibit A contains the action memo of the Commission.  Exhibit B is the staff report reviewed by the Planning Commission with the previous plan and proffers.

DISCUSSION:

Since the Planning Commission meeting, the applicant has modified his proffers to meet the County’s affordable housing policy at 80% of the median household income with the single family units and has increased his proffers from $1500 per market rate unit for Eastern Avenue to $3000 per market rate unit for Eastern Avenue.  The contribution for Eastern Avenue is now $90,000, rather than $45,000.  The proffer value is now approximately $4800 per market rate unit, up from $3300 per market rate unit.  With these two changes, staff believes the Planning Commission’s concerns for housing and a larger contribution towards transportation improvements have been addressed.   Exhibit C contains the updated proffers and Exhibit D is the Application Plan.

Regarding the waivers, the Board of Supervisors may act on the waiver to the Zoning Ordinance for setbacks.  Approval of a private street to serve the affordable dwellings and waivers for sidewalks and planting strips in two locations requires a future action by the Commission. 

RECOMMENDATIONS:

Staff recommends approval of ZMA 06-01 with the current proffers (Exhibit C) and the amended application plan (Exhibit D).

Staff recommends approval of a waiver to Sections 4.6.2 and 4.6.3.b. of the Zoning Ordinance to allow for the application of setbacks for the affordable dwelling units to be as shown on the application plan.

ATTACHMENTS:

EXHIBIT A:        Planning Commission Action Memo for July 11, 2006

EXHIBIT B:        Staff Report dated July 11, 2006

EXHIBIT C:        Signed proffers dated July 24, 2006

EXHIBIT D:        Application Plan dated July 13, 2006

View PC minutes of May 9 and July 11, 2006

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