Planning Commission Supports Use of Residential Proffers in Zoning Ordinance
2019-06-10 | Virginia Gazette
The proposal, which would make residential proffers available to rezoning applicants again after the proffers had been prohibited since 2016, will now go before the
A proffer is an binding agreement between the county and a rezoning applicant in which the applicant provides something to offset anticipated impacts of the rezoning, such as money or an agreement to perform some type of action.
As such, the return of residential proffers, being essentially incentives, could make such projects more appealing to county officials as they consider approval of applications in the future.
Among the majority, commission member
"I look at this strike through on the proposed ordinance to allow proffers as something that is cleaner and more effective than coming up with easements or other workarounds," Krapf said.
"I think proffers are a property right of a landowner and by not accepting proffers we're taking a right away from somebody to develop their property and mitigate the development," he said.
"I'm very much opposed to amending the county code to permit proffers at this time," Haldeman said, adding that he thought the new legislation doesn't do enough to address the issues it posed and should be totally repealed.
No members of the public spoke during the public hearing that preceded the vote. Another public hearing will be held when the
On-site proffers are considered unreasonable unless they mitigate impacts directly attributable to new residential development. Off-site proffers are considered unreasonable unless they specifically address the project's impacts on public facilities and project benefits directly from those proffers.
But in 2019, the legislation was tweaked with language that is clearer and, in county officials' eyes, poses less liability for municipalities. The new law takes effect
"Upon review, the adopted changes in state code appear to address many of the concerns stated by the board when it adopted that 2016 amendment," Planning Director
County staff has spent recent weeks exploring how the changes to state law may affect the county's acceptance of residential proffers.
Right now, the amendment to the zoning ordinance language is the only change on deck. County staff is also looking into the finer details of how the changed legislation will affect specific proffer programs the county once allowed.
"It doesn't mean everything goes back to the way it was," Holt said. "We're going to have some additional work to do."
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