by Amanda Jarratt

What is a proffer?

The following definition and explanation is directly sourced from “A Citizen’s Guide to Planning and Zoning in Virginia” published by the Chesapeake Bay Foundation BaySavers Institute. “In general, under Virginia law a locality may not impose conditions on a rezoning. However, if the rezoning applicant ‘proffers’ (offers) conditions in writing, the local governing body may incorporate the conditions into the rezoning. These conditions are called ‘proffers’ and are a system unique to Virginia. Proffers are voluntary and to be enforceable the governing body may only accept, not impose them.

Proffers generally fall into the following categories:

• To restrict the uses in the rezoning category;

• To donate real property for public use — land for a park or playground;

• To provide for the construction of public improvements — roads, utilities, etc.;

• A cash offer for any or all of these items.

Proffers are conditions designed to help mitigate anticipated negative impacts associated with the rezoning request. For example, proffers may restrict the use of the property once the rezoning is granted. Proffers often consist of a cash payment to help pay for new public facilities necessitated by the rezoning.”

With regards to the Camp Parkway rezoning application there have been questions asked about who would pay for traffic improvements, what types of proffers has the property owner offered, what would the proposed development look like and so on. Each of these questions are important and can be answered by referring to the proffer definition above and in the responses below.

Your questions answered:

Would Southampton County bear any financial costs or burdens as a result of this project?

No, any and all expenses incurred as a result of this project would be paid for by the Developer and not the County.

Who would pay for traffic improvements along Camp Parkway and Delaware Road due to the proposed development?

The land owner would pay for all traffic improvements required along Camp Parkway and Delaware Road due to the proposed development. Because this property is not owned by Southampton County there is no investment required from Southampton County.

Traffic Improvements. The Owner has submitted to the Director of Planning a “Chapter 527 Traffic Impact Study for Camp Parkway Commerce Center in Southampton County” prepared by Intermodal Engineering, P.C. dated August 3, 2015, and revised as of November 19, 2015 (the “Traffic Study”), a copy of which is on file with the Director of Planning. This proffer sets forth traffic improvements recommended in the Traffic Study and the phasing of construction for such improvements: Prior to requesting a certificate of occupancy for any building or structure on the Property, Owner shall:

• Construct two southbound lanes (a right turn only lane and a left/through lane) on Delaware Road extending the length of the Property’s frontage along Delaware Road.

• Extend the existing Camp Parkway eastbound left turn lane onto Delaware Road to 250 feet with a 200 feet taper.

• Extend the existing U.S. Route 58 eastbound left turn lane onto Camp Parkway to 375 foot with a 200 foot taper.

• Construct W1/E1 Access Road from the Property, including a 200 foot left turn lane with a 200 foot taper onto Delaware Road.

• Submit a formal request to Southampton County and Virginia Department of Transportation (VDOT) to reduce the speed limit on Delaware Road to 45 miles per hour (mph) or less.

• Construct signage for trucks exiting the Property from Delaware Road onto Camp Parkway prohibiting left turns onto Camp Parkway

• Prior to requesting a building permit for any building or structure on the Property after the total vehicle trips per day (vpd) reach 3,882 for the Property, Owner shall:

• Extend the Camp Parkway eastbound left turn lane onto Delaware Road to 350 feet with a 200 feet taper.

• On westbound Camp Parkway, construct a 200 foot right turn taper onto Delaware Road.

• Extend the U.S. Route 58 eastbound left turn lane onto Camp Parkway to 450 foot with a 200 foot taper.

• Extend the U.S. Route 58 westbound right turn ramp onto Camp Parkway by 200 feet.

• Request a signal warrant analysis to be completed by VDOT at the intersection of Camp Parkway and U.S. Route 58 and construct a traffic signal at this intersection if warranted.

• Request a signal warrant analysis by VDOT at the intersection of Camp Parkway and Delaware Road and construct a traffic signal at this intersection if warranted.

• Construct a 200 foot northbound right turn taper on the W1/E1 Access Road on the Property.

• Upon written request by the Board of Supervisors, Owner shall procure an updated or new traffic study, and shall construct any additional traffic improvements recommended therein upon meeting triggers specified therein.

• The replacement or updating of the Traffic Study shall be procured and obtained solely by Owner, at Owner’s expense, unless otherwise agreed.

• After development of the Property has commenced, upon written request by the Board of Supervisors, which may be by consent action, but no more frequently than once per year, Owner shall procure independent traffic counts at the Property determine the then current volume of vehicles trips per day (vpd) reached in order to determine whether additional traffic improvement triggers have been met as contained in the Traffic Study and these Proffers.

• At any time, upon the mutual agreement of Owner and the Board of Supervisors, which may be by consent action, the Traffic Study and accompanying traffic improvements and triggers referenced herein, may be replaced or amended as recommended by an updated or new traffic study commissioned by Owner and approved by VDOT and the Board of Supervisors. The replacement or updating of the Traffic Study shall be procured and obtained solely by Owner, at Owner’s expense, unless otherwise agreed.

What types of proffers has the property owner offered?

Here are two examples of proffers the property owner has offered in regards to the Camp Parkway Commerce Center – for a complete listing visit the Franklin-Southampton Area Chamber of Commerce website www.fsachamber.com.

Limitation on uses. The following uses shall be prohibited on the property: automobile service station, airports and landing fields, heliports and accessory uses, storage of damaged or inoperative vehicles, blacksmith shop, circus or carnival grounds, coal and wood yards, dog kennels, commercial or noncommercial, engine testing, exposition center or fairgrounds, exterminating establishments, fertilizer storage, firewood operation, general advertising signs, grain storage, manufacture or storage of insecticides, fungicides, disinfectants, and related industrial and household chemical elements, lumber yard, planning and millwork, manufacture of paper and paperboard, pottery and figurines or similar ceramic products and kilns, race track or course, any type, including horses, stock cars or drag strip, rifle or pistol range, sand and gravel processing, sawmill, sports arena or stadium, commercial athletic field or baseball park, structural iron and steel fabrication, tobacco products, truck stop, water well drilling establishment, welding, bracing or soldering shops, intermodal container storage, except those containers parked on the property temporarily for loading and unloading in connection with other M-1 permitted uses, not prohibited herein, strip-oriented retail establishments along Camp Parkway.

Proffers committed by developer include: a commitment to Conceptual Master Plan for site, berms and landscaping establishment of Architectural Design Guidelines and Design Review Committee to review development of the site for quality and numerous traffic improvements including traffic signals when warranted by VDOT at the intersections of Camp Parkway and Delaware Road, and Camp Parkway and Route 58. Prior to the issuance of a certificate of occupancy for any building on the site, the developer has voluntarily proffered to construct 8’ tall landscaped berms to buffer the site as shown on the Master Plan.

Lastly, all proffers and approved zoning restrictions become a part of the land record and are attached to the land, not an individual owner.

What would the proposed development look like?

The proposed development would look similar to the conceptual phasing plan (map) pictured below. To reiterate the previous question, this property would not allow for any of the prohibited uses as stated above (automobile service station, lumber yard, manufacture of paper and paperboard, sawmill, truck stop, etc.). As an example envision South Pointe Business Park in Prince George County and Shirley T. Holland Intermodal Park in Isle of Wight County as visual examples of what Camp Parkway Commerce Center would look like. When understanding the types of uses that would be allowed there are a variety of recent announcements from within the Hampton Roads region including: Ace Hardware, Target, Keurig Green Mountain and Friant.

Why should we rezone this property?

Various real estate products are needed that are not currently available in Franklin Southampton. Newer projects coming in to the community want campus style development or have a minimum requirement of 100 contiguous acres which is not available today in Franklin Southampton. Today, the Southampton Commerce and Logistics Center has 80 developable acres remaining, the Southampton Business Park has 27 developable acres remaining, and Pretlow Industrial Park has 150 developable acres remaining with the largest contiguous parcel being 80 acres in size. Should the County choose to develop another park in the future without the partnership of a private developer 100% of the infrastructure costs would be the responsibility of the County.

Rezoning the Camp Parkway Commerce Center would allow Franklin Southampton to compete for new development. There are also overwhelming fiscal benefits including a total new investment in Southampton County at build-out over 30 years is estimated at $370,000,000 ($200 million in real estate, $170 million in machinery & equipment) and 2,000 full time jobs are estimated to be created at full build-out over 30 years.

A full version of the application and proffer statement can be found at the Franklin-Southampton Area Chamber of Commerce website at www.fsachamber.com.

Amanda Jarratt is the CEO and president of Franklin-Southampton Economic Development Inc. She can be reached at ajarratt@franklinsouthamptonva.com or 562-1958.