Agenda - Planning Commission - 04/03/2014

Home

Zoning Bulletin March 10, 2014 1 Volume 8 1 Issue 5 Statutory Provisions -Retroactive Operation —County seeks declaration that statute regulating locality's ability to collect conditional zoning cash proffers only applies prospectively Developers maintain that statute applies retroactively Citation: Board of Sup'rs ofJames City County v. Windmill Meadows, LLC, 752 S.E.2d 837 (Va. 2014) VIRGINIA (01/10/14)—This case addressed the issue of whether a state statute regulating a locality's ability to accept conditional zoning cash prof- fers, applied to any and all cash payments owed to a locality under a zoning proffer, regardless of whether the terms of such proffer was agreed to prior to or after the effective date of the statute. The Background/Facts: Windmill Meadows, LLC, HHHunt Corporation, and GS Stonehouse Green Land Sub LLC (the "Developers") were all owners of land within James City County (the "County") on which they were develop- ing residential communities. At various times prior to July 1, 2010, the Developers sought and obtained rezoning of their property to allow for their planned developments. As part of their applications for rezoning, the Develop- ers all made proffers to the County which included per -dwelling unit cash pay- ments during different stages of development. Likewise, Williamsburg Land- ing, Inc. ("Williamsburg"), a nonprofit corporation developing a life care community in the County, agreed to make per -dwelling unit cash payments related to the rezoning of its property. All of these cash payments were required to be made prior to the date of the completion of the final,inspection and the issuance of a certificate of occupancy for each dwelling unit. In the 2010 legislative session, the General Assembly enacted Code,§ 15.2- 2303.1:1(A). That statute provides, in relevant part: Notwithstanding theprovi- sions of any cash proffer requested, offered, or accepted . . . for residential construction on a per -dwelling unit or per-h me basis, cash payment made pursu- ant to such a cash proffer shall be collected oraccepted by any locality only after completion of the final inspection and prior to the time of the issuance of any cer- tificate of occupancy for the subject property. The statute went into effect on July 1, 2010 and, under a "sunset provision," was to remain in effect until July 1, 2014. Although the parties were all aware of the enactment of Code § 15.2- 2303.1:1(A), it was undisputed that cash payments for some dwelling units were made by the developers and Williamsburg and accepted by the County in accord with the terms of the proffers after June 30, 2010 and prior to the completion of a final inspection of the dwelling units. © 2014 Thomson Reuters