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HomeMy WebLinkAboutCPA200700004 Legacy Document 2007-09-11 (3)Attachment B County of Albemarle Department of Community Development Memorandum 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. The first schedule simply looks at how quickly could the County incorporate a proffer policy into the Comprehensive Plan without consideration for anything beyond the need for the Board to advise staff on policy issues and the legal requirements with an amendment to the Comprehensive Plan. This process would rely on staff to very quickly complete an analysis and draft the language. This would require several key staff to put aside current work on other initiatives and make this policy their primary focus for the next several months. Additionally, public input would be limited to the public hearings, after the policy has been drafted. This also anticipates both the Board and Planning Commission would quickly resolve any issues without deferring a recommendation or decision. Staff notes that public participation is minimal in this process, which combined with the quick turnaround, increases the likelihood of issues being discovered after the fact. The second schedule proposes a process where we take a little more time on the front end for analysis, the public has an opportunity to participate before the policy language is proposed, and both the Planning Commission and Board would have more time for deliberations. While this process is not the "drop everything" described above, it does assume this will be a priority effort and that will require some reprioritization of staff's work program. Those impacts are being evaluated with the presumption that work Board's Strategic Plan (e.g. master plans, Rural Areas implementation) should remain on schedule, but all other items would be considered a lower priority than the proffer policy. Cc: Larry Davis, County Attorney Wayne Cilimberg, Community Development Attachment 1: Policy issues to consider Attachment 2: Policy schedules Attachment 1 Policy Issues to Consider Attachment B 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) 2. 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? 3. 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. 4. 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. 5. 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.) 6. 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) 7 . How should inflation factors be addressed in the proffer policy? (e.g. indexed from approval dates)?