County of Albemarle

Department of Community Development






To:            Bob Tucker, County Executive

                  Tom Foley, Asst. County Executive

From:        Mark Graham, Director of Community Development


Date:         06 May 2007

Subject:     Proffer Policy



In response what staff heard at the May 2nd Board meeting, we have attempted to list the questions that would need to be addressed with a proffer policy.  Please recognize this is an attempt to very quickly compile a list of issues and we cannot claim this is an exhaustive list.   With more time and careful analysis, it is possible other issues important to this policy could be discovered. We have attached a list of those identified policy issues.  


Next, we heard an interest in an accelerated process with the goal of completing this policy as quickly as possible and an interest in assuring various interest groups are given the opportunity for meaningful participation in the process.  Recognizing those goals can conflict, we have attached two drafts of possible schedules for consideration. Based on the advice of the County Attorney, both schedules assume this policy should be incorporated into the Comprehensive Plan.  Neither schedule should be considered a “take it or leave it”, but simply provide the Board some ideas as to how the process could be arranged.       


Cc:       Larry Davis, County Attorney

            Wayne Cilimberg, Community Development


Attachment 1:  Policy issues to consider

Attachment 2:  Policy schedules




Policy Issues to Consider


  1. Is there an expectation that all new re-zonings will pay for the equivalent of their full impact as determined by the cash proffer calculations?   


Put another way, is it the Board’s policy to expect that all new development will pay its own way to the extent possible under the law?   (Also, see #3 and #4 below) 


  1. Is there a size of development below which the policy will not apply?


For example, would this policy be applied to an in-fill project which divides one lot into two? 


  1. Does the policy apply to the total development proposed in the re-zonings or only the additional development above what is by-right?


For example, Belvedere was over 800 units but had the same density possible without rezoning the property.  What if the rezoning only adds 10% to the by-right density?   Not providing a credit for the by-right could create a disincentive for rezoning to a better form, but all of the units create a demand for infrastructure.


  1. Are dwelling units that meet the County’s definition of “affordable” exempt from the policy and the value of affordable housing provided exclusive of the cash proffer amount?  


Each affordable unit creates a demand for infrastructure, but the cash proffer amount can increase the difficulty of providing this affordable unit. 


  1. Should “credits” against the calculated cash amount be provided for:

·         Affordable units in excess of the County’s policy (currently 15%)?

·         Proffers for land/facilities on the development site that are called for in the Comp Plan or identified in the CIP? (e.g. school site in the development)

·         Proffers for land/facilities off of the development site that are called for in the Comp Plan or identified in the CIP?  (e.g. school site on another piece of property) 

·         Proffers for services or other recommendations in the Comp Plan not otherwise anticipated in the CIP (e.g. transit)?

·         Comprehensive Plan consistency (e.g. consideration of projects in a designated priority area)?

·         Other design issues  (e.g. LEED certified structures, public space in developments)? 

·         Conservation Easements that capture Development Rights?

(For each of the above that are anticipated as quantifiable credits, staff will need to prepare a methodology for the Board’s consideration.)


  1. Which of the following are considered non-credit conditions:

·         Proffers for land/facilities that are not called for in the Comp Plan or identified in the CIP?  (e.g. parkland not in CIP) 

·         Impacts occasioned by the development and not included in the cash proffer calculations?  (e.g. road improvements beyond the CIP and Comp Plan which are necessitated by this development)


  1. How should inflation factors be addressed in the proffer policy? (e.g. indexed from approval dates)?



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