COUNTY OF ALBEMARLE
AGENDA TITLE: ZTA 2007-02 - Amend the Zoning Ordinance to incorporate new enabling authority for accepting proffers
Amend Sections 2.3, Conflicting Ordinances; 3.1, Definitions; and 33.3, Proffer of Conditions, of Chapter 18, Zoning, of the Albemarle County Code. This ordinance would amend the references to the state enabling authority for conditional zoning, amend the definition of “proffer,” and would change the state enabling authority under which the County accepts proffers from Virginia Code § 15.2-2298 to Virginia Code § 15.2-2303.
Messrs. Graham, Cilimberg, Kamptner
PC - June 19, 2007
BOS – July 11, 2007
ACTION: Yes INFORMATION:
As a high growth locality, Albemarle County currently is enabled to accept proffers under Virginia Code § 15.2-2298. Effective July 1, 2007, high growth localities such as Albemarle County will be enabled to accept proffers under Virginia Code § 15.2-2303. On May 22, 2007, the Planning Commission passed a Resolution of Intent to amend the Zoning Ordinance to accept proffers under the enabling authority of Virginia Code § 15.2-2303 rather than under the currently utilized authority of Virginia Code § 15.2-2298. (See Attachment A)
The key distinctions between Virginia Code § 15.2-2298 and Virginia Code § 15.2-2303 are that under Virginia Code § 15.2-2298, proffers must be voluntary, the rezoning itself must give rise to the need for the proffers, and the proffers must be in conformity with the Comprehensive Plan. Although these prerequisites do not exist under Virginia Code § 15.2-2303, the County’s authority under Virginia Code § 15.2-2303 would not be unlimited. Like Virginia Code § 15.2-2298, Virginia Code § 15.2-2303 requires that the proffers be reasonable conditions, and one component of reasonableness requires that there be some nexus between the rezoning and a proffer.
However, it is staff’s opinion that Virginia Code § 15.2-2303 would provide the County with much stronger authority to require particular proffers (such as cash proffers under a cash proffer policy) to address the impacts from a rezoning, and would allow the County to better address a broad range of issues such affordable housing and LEED (and similar programs) certified buildings.
The attached table (Attachment B) provides a complete comparison of a locality’s authority under Virginia Code § 15.2-2298 and Virginia Code § 15.2-2303.
Staff recommends approval of the attached amendments to the Albemarle County Zoning Ordinance (Attachment C) which will enable the County to accept proffers under Virginia Code § 15.2-2303.
ATTACHMENT A – Resolution of Intent Adopted by Planning Commission on May 22, 2007
ATTACHMENT B – Comparison of authority under Virginia Code § 15.2-2298 and Virginia Code § 15.2-2303
ATTACHMENT C – Ordinance Amendments
PC actions memo
PC June 19 mins
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