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December 5, 2023 - Smithfield Town Council Approves Rezoning for
The Grange@10 Main
November 15, 2023 - Suffolk, Virginia City Council Approves Rezoning for
Mosaic on the Riverfront
November 14, 2023 - Smithfield, Virginia Planning Commisson Recommends Rezoning for The Grange@10 Main
April 17, 2023 - New Kent County Planning Commission Recommends
Rezoning for Liberty Landing
March 6, 2023 - Louisa County, Virginia Board of Supervisors Approves
December 21, 2022 - Suffolk, Virginia City Council Approves Rezoning
Retreat at Creekside
November 10, 2022 - Louisa County Planning Commission
Recommends Approval of Modification of Development
Plan for Zion Town Center
August 17, 2022 - Suffolk City Council Approves Rezoning for Rezoning
to Allow the Development of Linwood with an Expanded Scope
March 16, 2022 - Suffolk City Council Approves Rezoning
for Burbage Grant Active Adult Condos
September 15, 2021 - Suffolk City Council Approves
Rezoning for Hillpoint Farms
July 6, 2021 - Smithfield Town Council Approves Rezoning for
Mallory Pointe and Scott Farm
January 20, 2021 - Suffolk City Council Approves Rezoning for
Northgate Commerce Park, Parcel J
December 15, 2o2o - Suffolk, Virginia Planning Commission
Recommends Rezoning for Northgate Commerce Park, Parcel J
November 17, 2020 - York County Board of Supervisors Approves
Rezoning for Harper's Station at Yorktown
October 14, 2020 - York County Planning Commission recommends
rezoning approval for Harper's Station at Yorktown
October 8, 2020 - Shelby County, TN Land Use Control Board approved
major zoning modification for Harmony at Morning Woods
August 19, 2020 - Suffolk City Council Approves Rezoning
for Kemps Village @ Suburban Drive
August 18, 2020 - York County Board of Supervisors Approves
Rezoning for Hampton Manor
July 21, 2020 - Suffolk Planning Commission Recommends
Rezoning Approval for Kemps Village @ Suburban Drive
July 15, 2020 - Suffolk City Council Approves Rezoning for
Harbour View Parcel 11
June 16, 2020 - Suffolk Planning Commission Recommmends
Rezoning for Harbour View Parcel 11
March 18, 2020,- York County Board of Commissioners Approves
Rezoning for Williamsburg Senior
February 12. 2020 - York County Planning Commission Recommends
Rezoning for Williamsburg Senior
Rezoning for Pitt and Lippe Property
December 17, 2019 - Suffolk, Virginia City Council Approves Rezoning for
Meridian Hillpoint Apartments
December 10, 2019 - James City County Board of Supervisors Approves
Rezoning for Forrest Heights Mixed Residential Development
November 19, 2019 - Suffolk, Virginia Planning Commission Recommends
Rezoning for Meridian Hillpoint Apartments
November 6, 2019 - James City County Planning Commission Recommends
Rezoning for Forrest Heights Mixed Residential Development
October 22, 2019 - Isle of Wight County Planning Commission Recommends
Rezoning for Pitt and Lippe Residential Development
September 4, 2019 - Suffolk, Virginia City Council Approves Rezoning for
Hallstead Reserve
April 18, 2019 - Isle of Wight County Board of Supervisors
Approves Proffer Amendment and Rezoning for Archer's Meade
March 26, 2019 - Isle of Wight County Planning Commission
Recommends Approval of Proffer Amendment and
Rezoning for Archer's Meade
March 12, 2019 - Town of Windsor, Virginia Approves Proffer
Reduction for Holland Meadows, Phase 2
February 26, 2019 - James City County Board of Supervisors
December 19, 2018 - Suffolk City Council Approves Rezoning
for Smith Farms Landing
December 5 2018 - James City County Planning Commission
Recommends Rezoning for Oakland Pointe Affordable
Housing Development
November 20, 2018 - Suffolk, Virginia Planning Commission
Recommends Rezoning Approval for Smith Farms Landing
March 20, 2018 - York County Board of Supervisors Approves
Rezoning for Retreat at King's Creek
March 7, 2018 - Suffolk, Virginia City Council Approves Rezoning
for Bennett's Creek Quarter
February 7, 2018 - Suffolk, Virginia City Council Approves Rezoning
for Riverfront Parcel 8B
December 14, 2017 - Isle of Wight County Board of Supervisors
Approves Rezoning for addition to Benn's Grant
December 12, 2017 - James City County Board of Supervisors
Approves Rezoning for Williamsburg Landing Expansion
November 28, 2017 - Isle of Wight County Planning Commission
Recommends Approval for addition to Benn's Grant
November 21, 2017 - York County Board of Supervisors Approves
Rezoning for Smith Property
November 1, 2017 - James City County Planning Commission
Recommends Approval of Rezoning for Williamsburg
Landing Expansion
October 17, 2017 - York County Board of Supervisors Approves
Rezoning for The York
October 11, 2017 - Williamsburg City Council Approves
Special Use Permit for Midtown Row
September 20, 2017 - Williamsburg Planning Commission
Recommends Special Use Permit Approval for Midtown Row
September 12, 2017 - James City County Board of Supervisors
Approves Forest Glen Affordable & Workforce Housing
August 16, 2017 - York County Board of Supervisors Approves
The Phoenix at Yorktown Continuous Care Retirement
Community
May 16, 2017 - York County Board of Supervisors Approves
Arbordale Residential Development
April 12, 2017 - York County Planning Commission Recommends
Approval of Arbordale Residential Development
December 20, 2016 - York County Board of Supervisors Approves
Rezoning for Bulifants Senior Independent Living Apartments
November 17, 2016 - Southwestern Commission Launches Mountain West
September 16, 2016 - Suffolk, Virginia Planning Commission Unanimously
Recommends Rezoning for Nansemond River Golf Club Development
July 6, 2016 - Southampton County, Virginia Board of Supervisors Approves
Camp Parkway Commerce Center Rezoning
July 1, 2016 - Town of Tazewell, Virginia Launches Aggressive Local Incentives
Designed by Ted Figura Consulting
April 20, 2016 - Suffolk City Council Approves Rezoning for Hilltop Terrace
April 6, 2016 - Newport News Planning Commission Recommends Rezoning
March 15, 2016 - Suffolk, Virginia Planning Commission Unanimously Recommends Rezoning Approval for Hilltop Terrace Apartments
February 25, 2016 - Norfolk Planning Commission Reaffirms Recommendation
December 16 - Suffolk City Council Approves Rezoning for White Marsh Estates
December 15 - Norfolk City Council Approves Rezoning for West Norfolk
Commercial Development
October 30, 2015 - Ted Figura Consulting awarded Online Data Portal and
October 19, 2015 - Governor McAuliffe announces new Virginia Enterprise
Zones for Tazewell County and City of Hampton, Virginia
August 27, 2015 - City of Norfolk Planning Commission Recommends Approval for Westside Place Development
August 24, 2015 - Poquoson City Council Approves Rezoning and Mixed-Use
Plan for Legacy of Poquoson
August 1, 2015 - Tazewell County, Virginia Submits Virginia Enterprise Zone
Designation Application Drafted by Ted Figura Consulting; City of Hampton
Submits Virginia Enterprise Zone Designation Application Reviewed and
Critiqued by Ted Figura Consulting
May 26, 2015 - Poquoson Planning Commission Recommends Rezoning and
Approval of Mixed-Use Plan for Legacy of Poquoson
December 18, 2014 - Governor McAuliffe announces Virginia Enterprise
Zones for the City of Newport News and Page County, Virginia
December 9, 2014 - James City County Board of Supervisors Approves
The Promenade at John Tyler
November 19, 2014 - York County Board of Supervisors Approves Rezoning for Whittaker's Mill
November 5, 2014 - James City County Planning Commission Recommends
The Promenade at John Tyler
February 11, 2014 - James City County Board of Supervisors Approves
Lightfoot Marketplace
January 8, 2014 - James City County Planning Commission Approves
Lightfoot Marketplace
December 17, 2013 - York County Board of Supervisors Removes
November 19, 2013 - Suffolk, Virginia Planning Commission Approves
Rezoning for Senior Housing Development
November 19, 2013 - York County Board of Supervisors Approves
Rezoning and Special Use Permit for the Marquis Center
November 13, 2013 - York County Planning Commission Recommends
Removing Age Restrictions at The Reserve
October 17, 2013 - City of Portsmouth, Virginia Receives Second
Virginia Enterprise Zone Designation
October 17, 2013 - City of Winchester, Virginia Receives Virginia
Enterprise Zone Designation
October 9, 2013 - York County Planning Commission Recommends
Marquis Center Special Use Permit Application
August 21, 2013 - Suffolk City Council Approves Dynamic Homes
July 16, 2013 - Suffolk Planning Commission Approves Dynamic Homes
Rezoning Application
June 28, 2013 - Three Virginia Enterprise Zone designation applications
December 18, 2012 - York County Board of Supervisors Unanimously
Approves Merrimac Partners Rezoning Application
November 14, 2012 - York County Planning Commission Approves
Merrimac Partners Rezoning Application
November 13, 2012 - Portsmouth Enterprise Zone Boundary and
Incentive Amendment Approved
October 9, 2012 - New Town West Rezoning Approved by James City
County Board of Supervisors
October 1, 2012 - City of Winchester submits Virginia Enterprise Zone
designation application jointly prepared by Ted Figura Consulting
July 19, 2012 - New Town West Rezoning Approved by Planning
May 24, 2012 - Ted Figura Consulting Engaged by City of
Portsmouth to prepare Virginia Enterprise Zone Annual Report
December 18, 2011 - Ted Figura Consulting Engaged by Meridian
Assisted Living Homes, LLC
November 1, 2011 - Ted Figura Consulting Engaged by Oxford Properties LLC
October 6, 2011 - Ted Figura
October 6, 2011 - The Crossings Rezoning Approved by Board of Supervisors
October 6, 2011 - Ted Figura Consulting Engaged by City of
Industry News
July
12, 2016 - Virginia's Proffer System Reform and What
It Means
for Fiscal Impact Analysis
September 12, 2012 - The Power of
the Contract in
Economic Development
January
14, 2011
December 5, 2023 - The Smithfield, Virginia Town Council approved a rezoning for The Grange@10 Main in downtown Smithfield by a vote of 3-2. The approval came after plans were revised following the rejection of the rezoning request by the Smithfield Town Council in September and after a unanimous Planning Commission recommendation to approve voted in November. Objections to the proposed development from citizens included fears about traffic, density and the height of proposed apartment buildings. The revised plans lowered the number of residential units proposed and limited apartment building heights to three stories.
The Grange@10 Main is a multi-use development consisting of 267 residential units and 41,875 square feet of commercial space and a 70 room hotel. The residential component consists of 48 single-family detached homes, 32 duplex units and 182 apartments. The commercial component includes a 24-stall farmers market with restaurants and retail, office space, other retail and a restaurant in the hotel. Five short-term rental cottages are also included, as well as a public square, clubhouses and pools, public parking and various other amenities.
Ted Figura Consulting, Inc. performed the fiscal impact analysis and all revisions to that analysis, plus an analysis of potential public-private participation options and surplus revenue that could support those options.
November 14, 2023 - The Smithfield, Virginia Planning Commission unanimously recommended that the Town Council approve a rezoning for The Grange@10 Main in downtown Smithfield. The recommendation came after plans were revised following the rejection of the rezoning request by the Smithfield Town Council in September. Objections to the proposed development from citizens included fears about traffic, density and the height of proposed apartment buildings. The revised plans lowered the number of residential units proposed and limited apartment building heights to three stories.
The Grange@10 Main is a multi-use development consisting of 267 residential units and 41,875 square feet of commercial space and a 70 room hotel. The residential component consists of 48 single-family detached homes, 32 duplex units and 182 apartments. The commercial component includes a 24-stall farmers market with restaurants and retail, office space, other retail and a restaurant in the hotel. Five short-term rental cottages are also included, as well as a public square, clubhouses and pools, public parking and various other amenities.
Ted Figura Consulting, Inc. performed the fiscal impact analysis and all revisions to that analysis, plus an analysis of potential public-private participation options and surplus revenue that could support those options.
April 17, 2023 - The New Kent County, Virginia Planning Commission, by a 6-4 vote, recommended approval for a rezoning of the Liberty Landing multiple-use development in the Bottoms Bridge/Quinton district of the County. Boyd Homes, of Virginia Beach, will develop 118 acres along Pocahontas Trail to include up to 145 single-family homes, 145 townhomes and 60,000 square feet of commercial space. The commercial space is planned to be a mixture of retail, restaurants. office space and other consumer services. Originally proposed as Bridgewater Crossing, Liberty Landing has been planned for more than two decades. The vote of the Planning Commission represents the first recommended approval of the development since its inception. Boyd Homes plans to price the residential product at Liberty Landing somewhat below the average housing price in the County of about $500,000, appealing to first-time home-buyers. Ted Figura Consulting, Inc. performed the fiscal impact analysis for Liberty Landing, as well as previous fiscal impact analyses in 2006, 2011, 2013 and 2021.
March 6, 2023 - The Louisa County, Virginia Board of Supervisors approved a modification to the master plan for Zion Town Center at Zion Crossroads in the County by a vote of 4-3. Zion Town Center, LLC sought an increase of 124 residential units composed of a mix of single-family and townhouse units, with a change in the mix of previously approved units but reduced this request to an increase of only 50 units after receiving a recommendation for approval from the Planning Commission but before requesting approval from the Board of Supervisors. Ted Figura Consulting, Inc. wrote an opinion letter for the application, commenting on the likely fiscal impact and school impact of the proposed development (as originally proposed to add 124 residential units).
December 21 2022 - The Suffolk, City Council unanimously approved a rezoning of 23.6-acres site along Shoulders Hill Road to permit development of a 110-unit active adult community, Retreat at Creekside. Retreat at Creekside would be a mix of age-restricted townhouses and four-plexes. It would be developed by Weldenfield of VA on the site of the former Bennett's Creek Nursery. The developer also intends to construct four commercial buildings adjacent to the site on property that is already properly zoned. Ted Figura Consulting performed a fiscal impact assessment in support of the rezoning, delivered as an opinion letter.
November 10, 2022 - The Louisa County, Virginia Planning Commission recommended approval for a a master plan amendment to allow a reconfiguration of the residential component of Zion Town Center, located in the town of Zion Crossroads. The developer, Emerson-Roper Companies, is seeking to add 199 townhouses, replacing 75 single-family and townhouse units for a net gain of 124 residential units. The additional townhouses would further fortify consumer demand in the area to support existing and planned commercial development in and around Zion Town Center. Ted Figura Consulting, Inc. performed a fiscal impact and school impact assessment, delivered as an opinion letter, as part of the master plan amendment application.
August 17, 2022 - The Suffolk City Council unanimously approved a rezoning of 22,9 acres of a 121 acre site to permit the development of a single-family clustered residential development by HH Hunt. The rezoning request involved an increase in the total allowable number of units from 191 to 207 units by allowing 44 units to be developed on an expansion of the site while decreasing the density on the remainder of the site. The site is located near Turlington Road in a rapidly developing section of this suburban city. A portion of the site had been rezoned in 2018 for the originally proposed development, Millstone. Ted Figura Consulting performed the fiscal impact analysis for the rezoning application.
March 16, 2022 - The Suffolk City Council unanimously approved a rezoning to permit the construction of 98 age-restricted condominiums for active adults at Burbage Grant in the City of Suffolk. The development would consist of eight six-plexes and five 10-plexes on a 9.5 acre parcel. The Burbage Grant active adult community will be developed by LVTC Two, LLC and is expected to begin in the Fall of 2023. Prices are expected to start in the low $200,000 in 2021 dollars. A fiscal impact assessment for the proposed development was performed by Ted Figura Consulting, Inc.
As should be expected of a project of this magnitude, the developer faced considerable neighborhood opposition. In response, the developer by more than 25% and eliminated the higher density quadruplex and 10-plex units that had been proposed in early 2020. Ted Figura Consulting, Inc. performed the fiscal impact analysis for Mallory Pointe and Scott Farm. The analysis showed that the Town could expect to receive more than $2.00 in new revenue for every dollar of cost incurred due to the proposed development, while the County would receive almost as much. Over the fifteen year analysis period, the Town and the County can expect to receive more than $8 million each in surplus revenue. After development is completed, the Town can expect to receive a positive annual cash flow of more than $450,000 while the County can expect to receive a revenue surplus of more than $800,000 each year. Ted Figura Consulting also concluded that the County's current plans for school capacity expansion would be able to accommodate students from Mallory Pointe and Scott Farm, as well as other future growth.
January 20, 2021 - The Suffolk, Virginia City Council unanimously approved the rezoning of a four acre site at the entrance to the Northgate Commerce Park to permit commercial development of two outparcels. The developer, BECO Asset Management, LLC of Virginia Beach, plans to build a fast food restaurant and a convenience store with gas pumps for two unidentified tenants. Ted Figura Consulting, Inc. performed the fiscal impact analysis, which took into consideration the retail redirection likely to occur. The development will also serve a new Amazon fulfillment center to be developed at Northgate Commerce Park.
December 15, 2020 - The Suffolk, Virginia Planning Commission unanimously recommended the rezoning of a four acre site at the entrance to the Northgate Commerce Park to permit commercial development of two outparcels. The developer, BECO Asset Management, LLC of Virginia Beach, plans to build a fast food restaurant and a convenience store with gas pumps for two unidentified tenants. Ted Figura Consulting, Inc. performed the fiscal impact analysis, which took into consideration the retail redirection likely to occur. The development will also serve a new Amazon fulfillment center to be developed at Northgate Commerce Park.
November 17, 2020 - The York County, Virginia Board of Supervisors unanimously recommended rezoning approval for Harper's Station at Yorktown, a 157 unit senior living facility with 75 independent living units, 60 assisted living units and 22 memory care units. The property, on Byrd Lane, had been approved for rezoning of a similar facility, Phoenix at Yorktown, in 2017 but, due to a delay in VDOT's approval of the entrance to the property from Victory Boulevard, the special use permit approved with the rezoning had expired along with the rezoning authorization. The former applicant, Landbridge Development, partnered with Sage Development Group of Florida to continue the development. The vote followed a unanimous Planning Commission recommendation for approval. Ted Figura Consulting, Inc. provided a supplemental memo updating the fiscal impact analysis for Phoenix at Yorktown, which showed a similar and positive fiscal impact, comparing the two projects.
October 14, 2020 - The York County, Virginia Planning Commission unanimously recommended rezoning approval for Harper's Station at Yorktown, a 157 unit senior living facility with independent living, assisted living and memory care options. The property, on Byrd Lane, had been approved for rezoning of a similar facility, Phoenix at Yorktown, in 2017 but, due to administrative delays, the special use permit approved with the rezoning had expired along with the rezoning authorization. Ted Figura Consulting, Inc. provided a supplemental memo updating the fiscal impact analysis for Phoenix at Yorktown, which showed a similar and positive fiscal impact.
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July 15, 2020 - The Suffolk City Council voted unanimously to approve a conditional rezoning of Parcel 11 at Harbour View to permit the development of an active adult mixed residential community. Land Planning Solutions requested the rezoning of 34.4 acres from O-1 to RU-12 on behalf of Suffolk Towers, LLC. Suffolk Towers plans to construct 71 townhouses, 30 quadruplex/duplex units and a 136-unit apartment building. The community will be age-restricted. Ted Figura Consulting prepared the fiscal impact analysis for the proposed development.
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June 16, 2020 - The Suffolk Planning Commission voted to recommend approval for a conditional rezoning of Parcel 11 at Harbour View to permit the development of an active adult mixed residential community. Land Planning Solutions requested the rezoning of 34.4 acres from O-1 to RU-12 on behalf of Suffolk Towers, LLC. Suffolk Towers plans to construct 71 townhouses, 30 quadruplex/duplex units and a 136-unit apartment building. The community will be age-restricted. Ted Figura Consulting prepared the fiscal impact analysis for the proposed development.
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March 18, 2020 - The York County Board of Supervisors approved a rezoning to permit the development of Williamsburg Senior on the site of the Village Shops at Kingsmill. Marlyn Development will redevelop the property. As more fully described below (see Planning Commission recommendation, February12). Williamsburg Senior will be a 150-unit independent living apartment building with a 7-8,000 square foot office building also developed on the site. The proposed development will have a positive fiscal impact for the County, generating about twice as much surplus revenue for the County as the current use. Ted Figura Consulting, Inc. performed the fiscal impact analysis for the rezoning application.
February 12, 2020 - The York County Planning Commission recommended that the site of the Village Shops at Kingsmill be rezoned to permit the development of Williamsburg Senior by Marlyn Development. Williamsburg Senior will be a 150-unit independent living apartment building with a 7-8,000 square foot office building also developed on the site. Williamsburg Senior will be age-restricted at 62 years and older and is planned to have 50 1-bedroom apartments and 100 2-bedroom apartments. Twenty percent of the units, on average, will be affordable and available to senior households with 50% of the HUD-established area median income. The affordable units will comprise 40% of the 1-bedroom apartments and 10% of the 2-bedroom apartments. Williamsburg Senior will replace a struggling specialty shopping center that has recently been taken over by its lender. The proposed development will have a positive fiscal impact for the County, generating about twice as much surplus revenue for the County as the current use. Ted Figura Consulting, Inc. performed the fiscal impact analysis for the rezoning application.
January 16, 2020 - The Isle of Wight County Board of Supervisors approved the requested rezoning for a residential development comprised of 340 age-restricted single-family units on the 115 acre Pitt and Lippe property near Eagle Harbor in the Carrollton District of the County. About half (165) are planned to be detached units and the remainder (175) are planned to be attached townhomes. This community will be developed by East-West Communities, which is based in Richmond, Virginia. The Board of Supervisors vote was 4-1 in favor or the rezoning. Ted Figura Consulting, Inc. performed the fiscal impact analysis for the rezoning application.
December 17, 2019 - The Suffolk, Virginia City Council unanimously approved the rezoning of 13.72 acres in the Hillpoint Farms subdivision from office/commercial to multi-family to permit the development of the 230-unit Meridian Hillpoint Apartments (now rebranded as River Highlands). The proposed development will consist of 80 1-bedroom units, 134 2-bedroom units and 16 3-bedroom units renting in the upper mid-range of the market. Waverton Associates is the developer. Ted Figura Consulting, Inc. prepared the fiscal impact analysis for the rezoning application.
December 10, 2019 - The James City County, Virginia Board of Supervisors approved a rezoning for Forrest Heights, a mixed residential community consisting of 46 affordably priced townhomes for sale and 50 age-restricted apartment units. Ted Figura Consulting, Inc. assisted in populating the County's fiscal impact analysis model and modifying the model to account for the age-restricted units.
November 19, 2019 - The Suffolk, Virginia, Planning Commission recommended approval (7-1) for the rezoning of 13.72 acres in the Hillpoint Farms subdivision from office/commercial to multi-family zoning to permit the development of 230 apartments. The Meridian Hillpoint Apartments (now rebranded as River Highlands) will consist of 80 1-bedroom units, 134 2-bedroom units and 16 3-bedroom units renting in the upper mid-range of the market. Waverton Associates is the developer. Ted Figura Consulting, Inc. prepared the fiscal impact analysis for the development.
November 6, 2019 - The James City County, Virginia Planning Commission unanimously recommended rezoning approval for Forrest Heights, a mixed residential community consisting of 46 affordably priced townhomes for sale and 50 age-restricted apartment units. Ted Figura Consulting, Inc. assisted in populating the County's fiscal impact analysis model and modifying the model to account for the age-restricted units.
October 22, 2019 - The Isle of Wight County Virginia Planning Commission recommended rezoning approval for a residential development comprised of 340 age-restricted single-family units on the 115 acre Pitt and Lippe property near Eagle Harbor in the Carrollton District of the County. About half (165) are planned to be detached units and the remainder (175) are planned to be attached townhomes. East-West Communities would be the developer. The Planning Commission vote was 7-3 in favor. Ted Figura Consulting, Inc. performed the fiscal impact analysis for the rezoning application.
September 4, 2019 - The Suffolk, Virginia City Council approved a rezoning for Hallstead Reserve, a 414-unit residential development on Pruden Boulevard. The vote was 6-2. Hallstead Reserve will be a mix of apartments and quadruplex condominiums. The 312 apartment units will be a mix of one, two and three-bedroom apartments renting in the mid-market range. The condominiums are expected to sell in the affordable $300,000 price range. The proposed development overcame opposition from City staff based largely upon elementary school overcapacity. Napolitano Ventures will develop Hallstead Reserve. Ted Figura Consulting, Inc. prepared the fiscal impact analysis for the rezoning application.
April 18, 2019 - The Isle of Wight Board of Supervisors unanimously approved a proffer amendment and rezoning for Archer's Meade, a 63-lot single-family subdivision located in the Carrollton District of the County. All but 0.88 acres of the proposed development had been previously rezoned to permit the development of 70 single-family homes. The developer successfully sought a reduction in the proffer amount per lot that was previously offered, the rezoning of the 0.88 acres and approval for the development of 63, rather than 70 units. Ted Figura Consulting, Inc. prepared the fiscal impact analysis to support the developer's application.
March 26, 2019 - The Isle of Wight Planning Commission recommended approval by a 9-1 vote of a proffer amendment and rezoning for Archer's Meade, a 63-lot single-family subdivision located Carrollton District of the County. All but 0.88 acres of the proposed development had been previously rezoned to permit the development of 70 single-family homes. The developer is seeking a reduction in the amount per lot of previously offered proffers, the rezoning of the 0.88 acres and approval for the development of 63, rather than 70 units. Ted Figura Consulting, Inc. prepared the fiscal impact analysis to support the developer's application.
March 12, 2019 - The Town of Windsor approved a reduction of proffers to permit the development of Holland Meadows, Phase 2 to move forward. Proffers were previously offered by Holland Meadows, Inc. for the development of Holland Meadows, Phase 1. The developer proposed that the proffers paid in conjunction with the development of Phase 1 substantially met the Town's needs and requested a significant reduction of proffers so that the development of 44 single-family homes in Phase 2 could move forward without undue economic burden. The Town agreed as long as it could be demonstrated that a negative fiscal impact did not exist for the Isle of Wight County Schools, the primary remaining beneficiary of any proffers. Ted Figura Consulting, Inc. performed a fiscal impact analysis that demonstrated a positive fiscal impact of the proposed development on Isle of Wight County and no capital fiscal impact on the Isle of Wight Public Schools. The County funds a substantial proportion of the Schools' budget and a positive fiscal impact for the County incorporates the cost of school funding.
February 26, 2019 - The James City County Board of Supervisors recommended approval for a rezoning to permit the development of Oakland Pointe, a 119 unit affordable two and three-bedroom multifamily residential development. Oakland Pointe would be located in the Norge district of the County. Connelly Development would build the units using tax credit financing. Oakland Pointe meets the County's standards for affordable housing and would help implement the County's Comprehensive Plan which identifies affordable housing in the County as a critical need. The application overcame significant neighborhood opposition countered by enthusiastic support from proponents of affordable housing in the County. The Board of Supervisors vote to approve was 4-1.
Ted Figura Consulting, Inc. performed an independent fiscal impact analysis for the rezoning application. While the County's average-cost-driven fiscal impact model showed a substantial negative fiscal impact for the proposed development, a more thorough variable-cost analysis reduced the negative impact by about $300,000 annually. Including one-time revenues in the five-year fiscal impact analysis brought the fiscal impact into positive territory for the analysis period, even when expected larger household sizes were modeled.
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December 19, 2018 - The Suffolk City Council overwhelmingly approved the rezoning request to permit the development of Smith Farms Landing, a residential community to be developed by Kotarides Developers. The rezoning will permit the construction of 64 single-family units that is a part of a larger development by Kotarides that extends into the City of Chesapeake. The Chesapeake portion of the development is already underway. Ted Figura Consulting, Inc. performed the fiscal impact analysis for the rezoning application.
December 5, 2018 - The James City County Planning Commission recommended approval for a rezoning to permit the development of Oakland Pointe, a 126 unit affordable two and three-bedroom multifamily residential development. Oakland Pointe would be located in the Norge district of the County. Connelly Development would build the units using tax credit financing. Oakland Pointe meets the County's standards for affordable housing and would help implement the County's Comprehensive Plan which identifies affordable housing in the County as a critical need. Ted Figura Consulting, Inc. performed an independent fiscal impact analysis for the rezoning application. While the County's average-cost-driven fiscal impact model showed a substantial negative fiscal impact for the proposed development, a more thorough variable-cost analysis reduced the negative impact by about $300,000 annually. Including one-time revenues in the five-year fiscal impact analysis brought the fiscal impact into positive territory for the analysis period, even when expected larger household sizes were modeled.
November 20, 2018 - The City of Suffolk Planning Commission recommended rezoning approval for Smith Farms Landing, a residential community to be developed by Kotarides Developers. The rezoning would permit the construction of 64 single-family units that is a part of a larger development by Kotarides that extends into the City of Chesapeake. The Chesapeake portion of the development is already underway. Ted Figura Consulting, Inc. performed the fiscal impact analysis for the rezoning application.
March 20, 2018 - The York County, Virginia Board of Supervisors unanimously approved a rezoning for Retreat at King's Creek, a 204-unit age-restricted community. Retreat at King's Creek will be developed by Mid-Atlantic Land Management, LLC on 79 acres located near the King's Creek Plantation timeshare development and Water Country USA. Retreat at King's Creek is planned to have 53 single-family detached units, 95 townhomes, and 56 quadruplex units (in 14 buildings). Average prices for these units are expected to range from $345,000 to $450,000. The property was rezoned from Economic Opportunity to Planned Development Residential. Ted Figura Consulting, Inc. performed the fiscal impact analysis supporting the rezoning application.
March 7, 2018 - Suffolk, Virginia City Council unanimously approved a rezoning to allow the development of Bennett's Creek Quarter. Bennett's Creek Quarter LLC will build a 417 unit mixed residential development on 105 acres along Bridge Road in the Bennett's Creek neighbhorhood of the City. The development will consist of 85 single-family homes, 142 townhomes, 80 age-targeted units in 20 quadruplexes, and 11 ten-plexes. The development will be served by a community center, a clubhouse, and two pools. Average pricing is expected to range from $200,000 to $300,000, making these units attractively priced in the Hampton Roads market. Bennett's Creek Quarter is expected to be developed over the next five years. The fiscal impact analysis for the rezoning was performed by Ted Figura Consulting, Inc. Fiscal impact measures were robustly positive and no proffers were offered.
February 7, 2018 - Suffolk, Virginia City Council unanimously approved a rezoning to allow the development of Riverfront Parcel 8B in the Harbourview area of the City. RF8B LLC/RF8B Investment LLC will develop 70 single-family detached units on the 13.73 acre site located at 7101 Bridgeway Drive. The development will be marketed to active adult buyers and units are expected to sell for between $280,000 and $350,000. Parcel 8B is expected to be developed over the next three years. The fiscal impact analysis for the rezoning was performed by Ted Figura Consulting, Inc. Fiscal impact measures were healthy and City Council approved the rezoning against a staff recommendation for denial.
December 14, 2017 - The Isle of Wight County Board of Supervisors approved a rezoning of 26.43 acres at Benn's Grant, a mixed-use development located at Benn's Church Boulevard and Brewer's Neck Boulevard, to residential use in order to permit the addition of 216 residential units. The addition, to be developed by EW-Benn's Grant, LLC, a subsidiary of East West Partners, consists of 84 townhomes, 104 age-targeted duplex units and 28 age-targeted lakefront condominiums. Ted Figura Consulting prepared the fiscal impact analysis for the development.
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December 12, 2017 - The James City County Board of Supervisors unanimously approved a rezoning to permit the expansion of Williamsburg Landing, a high-end continuous care retirement community located in the County. Williamsburg Landing plans to add up to 65 duplex and townhome units and up to 70 apartment units to their existing campus. While the County requires a formula-based fiscal impact analysis be completed, Ted Figura Consulting performed a full fiscal impact analysis at the request of Williamsburg Landing.
November 28, 2017 - The Isle of Wight County Planning Commission recommended rezoning approval for a 216 unit addition to Benn's Grant, a mixed-use development located at Benn's Church Boulevard and Brewer's Neck Boulevard. The addition, to be developed by EW-Benn's Grant, LLC, a subsidiary of East West Partners, consists of 84 townhomes, 104 age-targeted duplex units and 28 age-targeted lakefront condominiums. Ted Figura Consulting prepared the fiscal impact analysis for the development. The 26.43 acre site is currently zoned for commercial development.
November 21, 2017 - By a 4-1 vote, the York County, Virginia Board of Supervisors approved a rezoning of the Smith Property in the Tabb District of the County from Rural Residential to Medium Density Single-Family Residential, allowing an increase in density for 35 additional homes. The development, on 113.82 acres, will be comprised on 113 single-family homes ranging from $450,000 to $1,000,000. The proposed development, to be undertaken by Harrison & Lear Development, of Hampton, Virginia, will include extensive amenities and improvements. These include a multi-purpose paths along Yorktown Road and connecting the new development to Mount Vernon Elementary School, which is adjacent to the property. The latter includes a bridge over a ravine. All paths will interconnect with the County's planned bike and pedestrian greenway system. Additionally, the developer is providing 9.73 acres for recreational use, including a 5..14 acre neighborhood park. Ted Figura Consulting prepared the fiscal impact analysis for the rezoning application.
November 1, 2017 - The James City County Planning Commission unanimously recommended to the County's Board of Supervisors that it approve a rezoning to permit the expansion of Williamsburg Landing, a high-end continuous care retirement community located in the County. Williamsburg Landing plans to add up to 65 duplex and townhome units and up to 70 apartment units to their existing campus. James City County staff had opposed the rezoning because the land is designated for airport related uses in the County's comprehensive plan. While the County requires a formula-based fiscal impact analysis be completed, Ted Figura Consulting performed a fiscal impact analysis at the request of Williamsburg Landing.
October 17, 2017 - The York County Board of Supervisors approved a rezoning for a mixed-use development consisting of 248 residential units and 20,000 square feet of commercial space to be developed by Lightfoot Development, LLC, based in Gainesville, Virginia. The development, to be known as The York, will have 204 luxury apartment units, 32 townhomes and 12 live-above apartment units. Apartment rents are expected to range from $1,100 for a one-bedroom unit to $1,550 for a three-bedroom unit. The live-above apartments in the commercial buildings will be two-bedroom apartments and the ten-building apartment complex will offer one, two and three-bedroom units. The 22.4 acre property on the corner of Lightfoot Road and Old Mooretown Road was zoned for Economic Opportunity but years of marketing the property by the owner for a commercial use without a taker and the high commercial vacancy rates in the Lightfoot area demonstrated the need for more "rooftops" before additional commercial space could be developed. The York will have a positive fiscal impact on the County and the developers offered reasonable proffers to mitigate the impact of the development on the York County schools. Ted Figura Consulting performed the fiscal impact analysis for the rezoning submittal.
October 11, 2017 - The Williamsburg, Virginia City Council voted approve a special use permit that would allow the redevelopment of the Williamsburg Shopping Center into Midtown Row. This would be a transformational development for the City of Williamsburg and a catalyst for the revitalization of the entire Midtown Williamsburg neighborhood. Washington area-based Broad Street Realty, operating as BSV Colonial Owner LLC, has proposed a remake of the 50-year old 240,000 square foot shopping center into a mixed-use, mid-rise development with almost 600,000 square feet of space, including about 70,000 square feet of the existing shopping center (3 retail tenants would remain). Midtown Row would include 240 units of student housing with more than 600 beds. Most of these units would be above almost 60,000 square feet of new retail space. A 140-room, limited service hotel is also planned for Midtown Row, as well as a parking deck and lots of amenities. Ted Figura Consulting performed the fiscal impact analysis for the proposed development.
September 20, 2017 - The City of Williamsburg, Virginia Planning Commission voted 3-2 to recommend approval of a special use permit request that would allow the redevelopment of the Williamsburg Shopping Center into Midtown Row. This would be a transformational development for the City of Williamsburg and a catalyst for the revitalization of the entire Midtown Williamsburg neighborhood. Washington area-based Broad Street Realty, operating as BSV Colonial Owner LLC, has proposed a remake of the 50-year old 240,000 square foot shopping center into a mixed-use, mid-rise development with almost 600,000 square feet of space, including about 70,000 square feet of the existing shopping center (3 retail tenants would remain). Midtown Row would include 240 units of student housing with more than 600 beds. Most of these units would be above almost 60,000 square feet of new retail space. A 140-room, limited service hotel is also planned for Midtown Row, as well as a parking deck and lots of amenities. Ted Figura Consulting performed the fiscal impact analysis for the proposed development.
September 12, 2017 - The James City County Board of Supervisors approved a rezoning for Section V of the Forest Glen subdivision to allow the construction of 45 affordable or workforce single-family housing units. The vote of the Board was 3 to 2. Ted Figura Consulting completed the County's fiscal impact spreadsheet and form and, also, wrote a letter of support critical of the County's fiscal impact analysis model, which routinely determines that residential development results in a fiscal loss for the County.
August 16, 2017 - The York County, Virginia Board of Supervisors approved a rezoning and special use permit for Phoenix at Yorktown, a continuous care retirement community offering independent living, assisted living and memory care options. The Board of Supervisors voted 4-to-1 in favor of the development. Phoenix at Yorktown repurposes a residentially-zoned property within the County's Victory Boulevard-Route 17 corridor to its highest and best use. Landbridge Development will develop 170 senior living units, to include substantial amenities and support services. Besides filling a growing demand for upscale senior retirement living options, Phoenix at Yorktown will have a highly positive fiscal impact on York County. Ted Figura Consulting performed the fiscal impact analysis for the the applicant.
April 12, 2017 - The York County, Virginia Planning Commission recommended that the Board of Supervisors approve a request to rezone 83.56 acres in the Lightfoot area of the County from Economic Opportunity to Planned Development Residential to permit development of up to 493 residential units along Bulifants Boulevard and Ashby Park Drive. Arbordale is planned as a mix of single-family, townhouse and apartment units and will be developed by Henderson, Inc., a local developer and contractor. The request for rezoning received strong support from nearby businesses and business property owners, recognizing that the addition of rooftops in the area would strengthen the adjoining commercial district. A high quality design and a positive fiscal impact overcame staff concerns about school impact to obtain the Planning Commission's positive recommendation. The fiscal impact study was performed by Ted Figura Consulting.
December 20, 2016 - The York County, Virginia, Board of Supervisors unanimously approved a rezoning from Economic Opportunity to Planned Development Residential for the construction of 130 affordable senior independent living apartments in Lightfoot (the Bruton District of the County). The apartments, near Bulifants Boulevard, will fill a growing need for affordable housing for the County's rising senior population. Units will be one and two-bedroom. Ted Figura Consulting performed the fiscal impact study to support the rezoning application.
April 20, 2016 - Suffolk City Council approved a rezoning from Residential Rural to Residential Urban to permit the development of a 138-unit age-restricted apartment complex. The Hilltop Terrace Apartments will be developed by the Franklin Johnston Group along Shoulders Hill Road in the Bennetts Creek area of the City. Ted Figura Consulting performed the fiscal impact analysis for the rezoning application.
March 15, 2016 - The City of Suffolk, Virginia, Planning Commission unanimously recommended that the Suffolk City Council approve a rezoning from Residential Rural to Residential Urban to permit the development of a 138-unit age-restricted apartment complex. The Hilltop Terrace Apartments would be developed by the Franklin Johnston Group along Shoulders Hill Road in the Bennetts Creek area of the City. Ted Figura Consulting performed the fiscal impact analysis for the rezoning application.
White Marsh Estates will be developed in two phases. In the first phase, 185 homes will be built. The second phase will occur after a sanitation sewer upgrades are completed by the Hampton Roads Sanitation District, with 134 homes completing the development of 126 acres. The development occurs in an area of Suffolk that is the least impacted by overcrowded schools.
December 15, 2015 - The Norfolk, Virginia City Council approved for a rezoning to permit the development of a new $50 million commercial development near Norfolk's Ghent district. The as yet to be named development, formerly Westside Place, will contain more than 109,000 square feet of new retail and restaurant space and will repurpose an industrial building at the rear of the site for local retailers, restaurants and commercial enterprises. Its location, along Hampton Boulevard between Ghent and Old Dominion University, has long been a revitalization target of the City. Ted Figura Consulting prepared revenue projections for the the development, as well as a 10-year pro-forma, comprehensive business plan and capital investment and financing report for the project to guide the City in its consideration of the proposed development.
October 19, 2015 - North Carolina's Southwestern Commission awarded Ted Figura Consulting a six-month contract to provide content to a new, interactive economic development website being developed for the seven county region at the far western end of the state--Cherokee, Clay, Graham, Haywood, Jackson, Macon and Swain Counties. Ted Figura Consulting will develop a number of data portals and online directories aimed at attracting and assisting entrepreneurs, small businesses and medium size employers to locate or expand within the region. Ted Figura Consulting successfully competed with 3 other firms for this contract, which is the firm's first client located in North Carolina.
This is the last scheduled round of Virginia Enterprise Zone designations for the next eight years and the competition for the five available designations was intense. Thirteen communities applied for an Enterprise Zone designation. Half of the points scored are based on an assigned distress criteria and half are based on the quality of the application and the community's local Enterprise Zone program. Both Tazewell County and the City of Hampton overcame the handicap of having only moderately high distress scores to win their designations. In fact, Tazewell County had the lowest numerical distress score of any of the winning communities but a very compelling case for retaining its Enterprise Zone and the state and local economic development incentives that accompany it.
Ted Figura Consulting wrote the entire VEZ designation application for the City of Newport News. Ted Figura Consulting assisted Page County in drafting a VEZ designation application in 2013. Ted Figura Consulting formulated the economic restructuring strategy and local incentive package for the County and drafted critical portions of the application while the Northern Shenandoah Valley Regional Commission drafted the remaining portions of the application. Although Page County was not successful in receiving a VEZ designation in 2013, the County addressed VDHCD's concerns about staff capacity and County staff then tweaked the 2013 application for resubmission in 2014.
December 9, 2014 - The James City County Board of Supervisors approved the rezoning request from Virginia Beach developer Franciscus Homes to develop The Promenade at John Tyler. The Promenade will consist of 190 townhouse condominiums and, in the future, up to 14 live-above-work units. The Promenade will be located near Williamsburg Crossing and will expand the walk-to market for that shopping center. All of the residential units at the Promenade will be sold at prices qualifying as "affordable housing" under the County's guidelines, with pricing ranging from $170,000 to $350,000. Ted Figura Consulting performed the fiscal impact analysis supporting the rezoning request.
December 17, 2013 - The York County, Virginia Board of Supervisors unanimously voted to remove age restrictions on development of 339 residential units at The Reserve, a mixed-use community in upper York County. Removal of the age restrictions will allow First Centrum, LLC to immediately begin development of the remaining parcels at The Reserve. The fiscal impact study for the request was prepared by Ted Figura Consulting.
August 21, 2013 - The Suffolk, Virginia City Council approved an application for a rezoning from Residential Low-Medium Density to Residential Urban to allow the development of 51 multi-family units, the William Reid Appartments. Ted Figura Consulting performed the fiscal impact analysis for the rezoning request. The rezoning request was submitted by Dynamic Homes, Inc. of Suffolk.
July 16, 2013 - The City of Suffolk, Virginia, Planning Commission approved an application for a rezoning from Residential Low-Medium Density to Residential Urban to allow the development of 51 multi-family units, the William Reid Appartments. Ted Figura Consulting performed the fiscal impact analysis for the rezoning request. The rezoning request was submitted by Dynamic Homes, Inc. of Suffolk.
June 28, 2013 - Virginia Enterprise Zone designation applications were submitted for Page County, the City of Portsmouth and, jointly, James City County, York County and the City of Williamsburg (the Historic Triangle). Ted Figura Consulting advised and partially drafted the application for Page County and the Historic Triangle communities. Ted Figura Consulting advised and completely drafted the application for the City of Portsmouth.
November 14, 2012 - The York County Planning Commission approved a rezoning application for the conversion of the former George Washington Inn to a 200-unit assisted and independent living facility, Lexington Independent and Assisted Living Home. Ted Figura Consulting performed the fiscal impact analysis for the rezoning request. The positive fiscal impact of the proposed development was cited by York County Planning staff in its recommendation for approval to the Planning Commission. The Planning Commission approved the requested rezoning 6-1. The rezoning request was submitted by Merrimac Partners, LLC, a Yorba Linda California based firm. The rezoning request now goes to the York County Board of Supervisors.
November 13, 2012 - The City of Portsmouth received approval from the Virginia Department of Housing and Community Development of its application for amendment of the Portsmouth Enterprise Zone's (PEZ) boundaries and incentives. Portsmouth's amendment application was drafted by Ted Figura Consulting. The PEZ was designated in 2010 in a competitive round of applications, with Portsmouth's successful designation application drafted by Ted Figura Consulting. The successful amendment expands the PEZ to include certain industrial areas, deletes areas no longer benefiting from a Virginia Enterprise Zone designation, and lowers eligibility requirements for the City's Machinery and Tool Investment Grant and Business Personal Property Investment Grant.
October 9, 2012 - The James City County Board of Supervisors approved Oxford Properties LLC's rezoning application for New Town West. The application was supported by a fiscal impact analysis conducted by Ted Figura Consulting
October 1, 2012 - The City of Winchester submitted an application for designation of a Virginia Enterprise Zone jointly prepared by City Economic Redevelopment staff and Ted Figura Consulting. Winchester is competing for one of two designation slots available in the 2012 application round. Ted Figura Consulting advised the City's EDA on proposed Zone boundaries, the local incentive package and required maps. Ted Figura Consulting prepared sections on need, strategic restructuring, the integration of the Virginia Enterprise Zone with the City's other economic development initiatives, how Zone boundaries were selected and descriptions of local incentives.
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July 10, 2012 - The James City County Planning Commission approved Oxford Properties LLC's rezoning application for New Town West, sending this on to the Board of Supervisors. The application was supported by a fiscal impact analysis conducted by Ted Figura Consulting
July 1, 2012 - Ted Figura's contract with the City of Newport News to provide consulting services to the Department of Development has been renewed through December 31, 2012, with an additional six-month extension option. Ted Figura has provided consulting services to the Department of Development since his retirement from the City of Newport News on June 1, 2009.
May 24, 2012 - Ted Figura Consulting was engaged by the City of Portsmouth to prepare its Virginia Enterprise Zone Annual Report to the Virginia Department of Housing and Community Development (VDHCD). The Annual Report provides narrative and data on a variety of Enterprise Zone activities and metrics for calendar year 2011. The Annual Report was submitted to VDHCD on July 17, 2012.
February 8, 2012 - The York County Planning Commission approved Meridian Assisted Living Homes LLC's rezoning application to repurpose the former GW Inn to create 150 assisted living units and ancillary commercial activities. The rezoning application was supported by a fiscal impact analysis conducted by Ted Figura Consulting. The rezoning application was withdrawn prior to a Board of Supervisors hearing due to the applicant no longer controlling the property.
December 18, 2012 - Ted Figura Consulting has been engaged by Meridian Assisted Living Homes, LLC, a subsidiary of Legacy Hospitality, LLC, to conduct a fiscal impact analysis in support of a rezoning of the former GW Inn to allow its conversion to 150 assisted living units, plus ancillary commercial uses.
November 1, 2011 - Ted Figura Consulting has been engaged by Oxford Properties LLC to perform a fiscal impact analysis to support a rezoning for New Town West, an upscale townhouse-for-rent development to be located in the Windsormeade section of the greater New Town area in James City County. The fiscal impact analysis will be preceded by an analysis of the student generation rate for similar developments in the region.
October 6, 2011 - Ted Figura Consulting has launched its new website. Explore the
site to learn how you can benefit from the services that Ted
Figura Consulting can provide. Contact Ted Figura for a
proposal and price quote. Stayed tuned for upcoming
news on Ted Figura Consulting's new engagements and special
offers. And, don't forget to check out Ted Figura's
blogs in Industry
News.
Ted Figura Consulting Engaged by City of
Blogs
July 12, 2016 - Virginia's
Proffer System Reform and What
It Means for Fiscal Impact
Analysis
September
12, 2012 - The Power of the
Contract in
Economic Development
August 13, 2012 -
Virginia Enterprise Zone Designation
Strategies
February 21, 2011
January
14, 2011
Virginia's Proffer System Reform
and What It Means for Fiscal Impact Analysis
July 12, 2016
by Ted Figura
Ted Figura Consulting
On July 1, 2016, Virginia changed the way that proffers are handled in rezoning and conditional rezoning cases. Long overdue, the General Assembly passed legislation that corrects what had been perceived to be abuses of the proffer system, which has been a fixture of the development scene in high-growth counties and cities since 1989. Although the original proffer legislation required localities to tie proffers to planned capital investments, this provision was widely ignored by localities, many of whom treated proffers as if they were a fee required to be paid as a condition for a rezoning or conditional zoning approval. Furthering the perception that proffers had become just another revenue source for local government was the practice, in some counties, of down zoning most developable land so that virtually all new development would need to go through a rezoning process and be subject to proffers.
Developers have long contended that proffers were a hidden tax that put development that required a rezoning at a disadvantage to development that could take place by right. Many contended that this “tax” was ultimately paid by either the property seller through a below market price or the residents who would occupy the development through higher housing prices. Even some local elected officials began to question the fairness of the proffer system.
Now, there are teeth in the proffer legislation, requiring that proffers only fund capital improvements or address an impact that would actually be triggered by a proposed development. It enables a developer to sue if a rezoning request is denied because proffers were not offered, with the presumption that, if a proffer was suggested even informally, the developer’s failure to submit an “unreasonable proffer” was the reason that the rezoning request was denied.
The General Assembly has reformed the proffer system to effectively place it on a marginal cost footing. For a proffer not to be “unreasonable,” the proposed development must create an impact that exceeds a public facility’s existing capacity. Proffers can no longer be used as a general revenue source (based on average capital costs, or “fair share” payments). This has made virtually every proffer study conducted over the past 25 years legally obsolete because they have nearly all been based on the methodologically flawed average cost approach.
Furthermore, a proffer must now actually be used by the local government receiving the proffer to alleviate the overcapacity situation created by the proposed development to the specific benefit of that development. My reading of this is that a locality can no longer accept a proffer because a development is adding to a school system’s already overcrowded condition without applying that proffer to the timely construction of new classroom space (fixed or mobile) in the overcrowded school zoning district that residents of the proposed development will attend. And, systemwide overcrowding would no longer be grounds for accepting a proffer.
What this means for fiscal impact analyses is that they now need to pay close attention to the predicted actual impacts of a proposed development. It is no longer enough to rely on simplistic formulas that so many students equal X amount of classroom cost. Fiscal impact analysis now needs to demonstrate whether the additional students generated by a project will directly create a need to add more classroom, or mobile classroom, space to specific schools or whether a development will create a need to purchase additional school buses, police cars or fire equipment. And, for the garden variety development, it will be very difficult to demonstrate that a locality will need to add more park land or recreation facilities, or expand a public library, or add a new fire station, due to the addition of population or households from a specific proposed development. Localities will need to demonstrate that a particular facility is near enough to exhausting its capacity so that the proposed development will exhaust and exceed its remaining capacity, triggering the need for capital investment to expand that capacity.
In response to the General Assembly’s proffer reform, many localities are placing a hold on new rezonings until they can evaluate the implications of the new law and how they will move forward in the new proffer environment. I predict that one way in which localities are likely to react is to require developers to directly provide new types of infrastructure and public improvements as part of the site plan approval process. Hopefully, if this occurs, it will be applied to all development so that the burden does not fall unfairly on property that requires a rezoning in order to be developed to its highest and best use under current market conditions. Just as developers are required to provide adequate stormwater, water and sewer, and traffic and fire access improvements to serve a proposed development, developers may, in the future, more frequently be required to directly provide trail and recreation infrastructure, purchase fire fighting and police equipment, or when warranted set aside land for school sites that will serve the development.
A question still to be decided is to what extent such improvements can be required when they benefit households and property owners outside the proposed development.
The Power of the Contract
in Economic Development
September 12, 2012
by Ted Figura
Contracts enjoy almost a sacred status in our society. The contract is fundamental to why our economy operates so efficiently. It is the cornerstone of the concept of “rule of law” and it generally holds sway against anything short of a legal proscription. The contract can be a powerful tool for economic developers.
Performance agreements and development agreements are,
of course, two examples of how contracts are used in
economic development. A contract can also be
used to craft a unique incentive package that goes
beyond what a community’s normal menu of economic
development programs will offer.
Generally speaking, a contract performs three functions when used for economic development. These are:
· conveyance, whether of property or incentives;
·
setting out and binding the parties to perform certain
actions, often specifying the
conditions which trigger those actions; and
· providing remedies for a breach of contract or failure to perform.
Of course, contracts are nothing new for economic
developers. A number of incentive programs in
both North Carolina and Virginia require that the
recipient enter into a performance agreement.
Particularly in urban settings, development agreements
have long been used to specify the details of complex
public-private partnerships. There are
opportunities, however, for economic developers to
move beyond performance and development agreements in
the use of contracts.
Because of the different statutory environments within
which economic development operates in North Carolina
and Virginia, the opportunities to use contracts
creatively as an economic development tool must be
approached differently in the two states.
Virginia has specific legislation (VA Code §15.2-4901
et seq.) authorizing the creation of industrial
development authorities (IDA) with broadly designated
powers (VA Code §15.2-4905). The third power
delineated in the Act is the power to enter into
contracts. IDAs (which can also be known as
Economic Development Authorities) have the power to
engage fully in real estate transactions, issue bonds,
borrow funds, accept grants, and make loans and grants
to private companies.
In North Carolina, economic development corporations
may be created as separate non-profit organizations to
pursue economic development objectives within a county
or city. There is no specific enabling
legislation and EDCorps have powers normally possessed
by non-profit corporations, as specified in their
individual charters or by-laws. These powers may
include the power to buy, sell and lease property, and
to provide economic development incentives by entering
into contracts. EDCorps are not to be confused
with economic development commissions (EDC), for which
there is enabling legislation (NC Code §158-8 et
seq). The powers and duties of EDCs are limited
to planning, marketing and advising (NC Code
§158-13).
The use of EDCorps in North Carolina is not
widespread. EDCorps exist for Catawba, Chatham,
Lee, Martin, Montgomery, Orange, Randolph, Sampson,
Vance and Wilkes Counties, as well as for High Point,
the Lake Norman Region and the Mooresville-South
Iredell area. EDCorps in North Carolina
are constrained compared to IDAs in Virginia in that
they cannot issue bonds.
The power of the EDCorp to facilitate real estate
transactions is also limited by the fact that, along
with most other non-profit corporations, EDCorps are
subject to local taxation of the real or tangible
property they may own. Thus, while they can act
as pass-through agencies, for an EDCorp to develop or
own a real estate product is more costly than it is
for IDAs in Virginia, where IDAs pay no taxes.
Furthermore, the added value of an EDCorp acting as a
pass-through agent for a county or city is negligible
since North Carolina counties and cities may engage in
real estate transactions with private companies (in
Virginia, such transactions are constrained by public
land disposition legislation). However, there is
ambiguity, at best, concerning the ability of EDCorps
to avoid the restrictions on offering incentives
through real estate transactions that are placed on
counties and cities by the North Carolina
legislature. In Virginia, it is clear that IDAs
can act in an unencumbered fashion, even when land is
transferred by a city or county to the IDA and
immediately sold to a company.
One example of how contracts have been used in both
states to provide economic development incentives
involves a way to offer a company a synthetic “tax
rebate.” In both North Carolina and Virginia,
cities and counties are prohibited from providing
property tax incentives to private companies or
property owners. Localities in both states have
developed a mechanism by which a company pays the
property tax and then receives a grant equal to all or
a portion of the increase in property tax paid above
the pre-incentive amount. This is done in
accordance with a signed contract.
In Virginia, this mechanism was developed in 1995 by the City of Newport News as a local Enterprise Zone incentive. It rapidly spread to other localities with Virginia Enterprise Zones and is now included by the Commonwealth in its list of potential local Enterprise Zone incentives. “Tax grants” were first introduced in North Carolina in 1996 and have since become a staple in the menu of economic development incentives for North Carolina localities.
The common practice has been for localities in
Virginia to offer the “tax grant” incentive only
within Enterprise Zones and only based on new tax
revenues derived from property, usually machinery and
tools but sometimes including real estate. “Tax
grant” incentives have also been instituted by some
Virginia localities in locally designated Technology
Zones. In North Carolina, there have not been
any geographic restrictions on the use of “tax grants”
but localities have primarily used them to return
property taxes.
However, in both states, since “tax grant” incentives
are provided by agreement and are not specifically
authorized through legislative enactment, any
restrictions on their use are only by custom or
policy, not by necessity. Virginia localities
are free to offer “tax grant” incentives outside of
Enterprise or Technology Zones and both Virginia and
North Carolina communities can (and have) included
non-property taxes in the grant calculation
formula. In reality, this mechanism can be used
in any circumstance and structured in whatever way
best fits the circumstance. The key is that the
incentive delivery is specified by a contract between
the locality and the recipient of the incentive.
Economic developers looking for a model of how the
contract can be used to deliver a unique package of
incentives should look to the development
agreement. Typically used for large, complex
development projects, the development agreement often
specifies the delivery of a number of nonstandard
and/or customized incentives, including but not
limited to the provision of public infrastructure
(e.g., parking structures, convention centers) and
financing vehicles (e.g., tax increment financing
(TIF), community development authority (CDA), New
Markets Tax Credits (NMTC), or some combination of the
above). The development agreement sets out terms
and conditions for incentive delivery, the roles and
responsibilities of the parties to the agreement, the
timing and contingencies for actions to be taken,
and/or the consequences of non-performance.
Development agreements typically are unconstrained by
existing incentive programs and can be crafted to
permit and/or deliver anything not prohibited by law.
Contracts, whether in the form of
incentive/performance agreements or development
agreements, can be used to craft totally
out-of-the-box solutions to attract economic
investment and job creation. The only
limitations are the imagination and political will of
a locality and any restrictions placed by federal,
state or local ordinance. In Virginia, economic
developers can effectively use the contract to move
outside of the framework of carefully defined
incentive programs in which Virginia economic
developers tend to operate. The great advantage
that Virginia economic developers possess is the
ability to use their IDAs, which have unparalleled
legal freedom to engage in contracted incentive
delivery. North Carolina economic developers, on
the other hand, are already used to crafting highly
targeted, one-off incentive packages but are hampered
by significant restrictions placed on incentive
delivery by the North Carolina legislature.
Furthermore, the academic community in North Carolina
has generally advised a conservative approach to
applying these regulations and related court decisions
to extend these restrictions beyond what a strictly
literal reading of the law would imply.
Otherwise, for North Carolinians, the freedom of the
contract may offer opportunities to explore delivering
incentives in ways that do not run afoul of these
legislative constraints.
Strategic Vision vs. Strategic
Action Plan
by
Ted Figura Consulting
It is useful to distinguish between strategic
visioning and strategic action planning. If the purpose of
a strategic plan is to chart the best course to the best
result—such as in strategic planning for economic
development-- then strategic visioning is necessary but not
sufficient. While
strategic visioning usually is accomplished by using a
facilitator to find community consensus, relying on this
approach to formulate a strategic action plan runs the risk
of producing an ineffectual result.
Facilitation alone generally will not produce an actionable
outcome for two reasons.
First, almost by definition, consensus has a tendency
to restate the obvious and avoid facts and viewpoints that
may be controversial. The
typical method of arriving at consensus is by “voting” for
the top three or five statements originating from a group. This both 1)
artificially limits the universe of solutions from which the
plan proceeds forward and 2) ignores the possibility that
the statements on which the most people agree are not
necessarily the most important from a strategic perspective.
Secondly, what often results from the typical
“brainstorming” session are the perceptions and aspirations
of the participants, not the community’s actual strengths,
weaknesses, opportunities and threats (and not well-reasoned
approaches to problem-solving). While it is
important to identify perceptions and aspirations, the
“strategic plan” can easily wind up being merely a write-up
of what a brainstorming session generates. This document may
appear to point toward a set of goals on which the community
agrees and even a set of actions designed to achieve those
goals. However,
without community input having been critically examined and
analyzed, the plan is anything but strategic.
All that said, there are methods that can improve the
process. One is
to take care in the selection of session participants so
that those who are truly knowledgeable are the most heavily
represented in the group, with any influential stakeholders
(or those who are to be influenced) making up the balance of
the group. If
voting on comments is part of the methodology of the
session, don’t limit the number of statements for which an
individual can vote. That
will produce a more accurate map of all the places where
consensus lies. Also,
don’t rely exclusively on brainstorming sessions for input,
since group dynamics can seriously distort outcomes. Mix brainstorming
with individual interviews with experts and major
stakeholders.
Finally, employ the discipline of SWOT. While some might
consider it “old hat,” it is an invaluable technique for
focusing thought critically and producing actionable
outcomes. This
requires that an objective environmental scan (including
information-gathering interviews) be undertaken before any
brainstorming occurs. Without
such a scan, it will be more difficult to tell when
brainstorming begins diverging from reality and enters
unproductive territory.
Critical analysis then needs to be applied to all of
the information gathered, with the brainstorming session
results being but one of many components going into that
analysis.
A good model for what an actionable strategic plan should
look like this. A
vision statement is at the top—this is where consensus is
most valid. A
set of realistic goals and objectives arise out of the SWOT
analysis and relate to the vision statement. For each goal or
objective, a strategy is needed to achieve that goal or
objective based on resources that are actually available to
the community. Finally,
action steps must be specified to mobilize and direct those
resources in order to move from point A to point B.
Staff can certainly undertake this if they have the
time and discipline to do so.
However, employing the right consultant will make
things easier. Remember,
a strategic action plan is not something that can be
achieved merely by facilitating group input. A good plan is the
result of objective research, informed input and expert,
insightful analysis.
Fiscal Impact Analysis: A Variable
Cost Method
by
Ted Figura Consulting
Often
fiscal impact and cost of community services studies are
done on an average cost/ average revenue basis for the
average residential unit. When evaluating the impact
of new development on a County or City, this represents a
flawed approach. This is because the fixed costs (and
also fixed revenues) of a locality do not change with
incremental increases in the number of service units
(although massive increases in the number of service units
will cause some fixed costs to increase.) Fixed costs
include such things as the administrative costs of
government, debt service, equipment etc. Fixed
revenues can include such things as interest income and
other payments or revenue not tied to population
levels. Taking fixed costs and revenues out of the
equation changes things substantially. Another item
that is often ignored that is revenue received from federal
and state government and from program income. This,
too, must be subtracted out from costs to get a true picture
of costs borne by local government.
An argument can be made that current residents are paying
for fixed costs and not counting fixed costs in the fiscal
impact equation essentially treats new residents as free
riders. That, however, is a different question.
The operative question with regard to fiscal impact is not
“does everyone share equally in the cost of government?” but
“will this development add to the net cost of government or
provide a net revenue increase?” These are very
different questions.
The fiscal impacts of a new
development seldom involve new fixed costs (which are
included in the average cost model). This is one of
the reasons why new residential development can produce a
positive fiscal impact—unless the housing is low-income or
maybe moderate income, in which case the property values and
taxes from spending do not support the cost of government,
especially when more school-aged children going to public
schools and extra services such as public health and social
services are thrown in.
This
brings us to another factor that is often ignored in fiscal
impact studies: the effect of the level of household income
in a new development on its fiscal impact. Household
income impacts the fiscal position of a locality in two
ways. First, households with higher income have higher
spending and, thus, generate more sales, meals and other
taxes from the local businesses where spending occurs.
Of course, this tax generating power needs to be adjusted
for retail leakage in communities where retail leakage
occurs. Secondly, higher income households demand
fewer services from local government. Higher use of
private schools can usually not be quantified but the fiscal
effect of other behavioral differences can be factored into
the fiscal impact analysis. Higher income households
do not generate a demand for social services and public
health services (except those services, such as food
establishment inspection, that benefit the general public
health). Also, if crime in a community is concentrated
in areas associated with low-income populations, higher
income neighborhoods will not generate the same level of
criminal justice costs for a locality as the average
household in the community.
Taking all this into consideration, when a detailed and
sensitive analysis is performed for a residential project,
particularly for one with above average income households,
the residential project is likely to provide a positive
return for the locality, not the negative return that has
traditionally been assumed (and “confirmed” by average
cost/average household-based studies).
On the other side of the coin, commercial development
projects are not always as lucrative for a locality as they
may seem to be. Everything depends on the degree to
which retail spending is or is not leaking out of the
locality and from which retail sectors (or, for office
development, on the tightness of the office market and the
locality’s ability to attract office users from outside the
locality). A multiple regression study that I
conducted for the City of Newport News, Virginia, found that
there was no association between new retail space being
developed and increased retail spending in the City.
The overall conclusion of this is that fiscal impact
studies, if they are to validly represent real fiscal
impacts, must be conducted carefully and for each individual
project.
by
Ted Figura Consulting
Many times the claim is made: If you create a
Of course, those making this claim would like you to believe
that using a
Exactly who pays the cost of financing
That said, there is nothing wrong with
The argument is often made to support
Besides the “but for” consideration, there could be other
valid public policy objectives advanced by providing
TIF
To sum up,