Proffer flexibility improves

By Hannah Wever
Review Staff Writer

Published: July 31, 2008

Orange County now has greater latitude in accepting cash proffers from perspective developers.
The board voted 4 to 1, with District 4 Supervisor Teri Pace opposed, to adopt an ordinance to enact conditional zoning. Under conditional zoning, county officials are entitled to utilize broader form of cash proffers than it currently uses. Proffers, under the new ordinance, would not be required to tie in as closely with the county’s predetermined capital improvements projects.
“This particular statute gives us greater flexibility in terms of cash proffers as part of a rezoning application,” Orange County Director of Strategic Planning Debbie Kendall explained to supervisors.
In 2007 the Virginia General Assembly made a code modification. The result was that localities which qualify as high growth, like Orange, could now consider using conditional zoning. Kendall said Orange has been considered a high-growth locality since 1990, per the state code definition which calls for a growth rate of 15 percent or higher, according to the census.
“As far as Orange County is concerned, it would behoove us to take advantage of it,” Kendall said.
But Pace worried that adopting a classification as a “high-growth locality” could potentially lock Orange into obligations imposed by state lawmakers in the future.
“I always want localities to have more flexibility, but I’m not comfortable with the legislation coming out of the General Assembly mandating land-use laws for our locality,” Pace said.
The conditional zoning issue is complicated by the chance that proffers could be replaced by impact fees, pending a decision in the Virginia House of Delegates on SB 768.
But whether the county’s future rezoning applicants are negotiating with proffers or impact fees, Kendall said, designing the code around conditional zoning will still prove beneficial to the county.
“I don’t see how going to a more flexible route now is going to hurt us in the long run,” Kendall said. The calculations that determine the impact a rezoning would have will be in place regardless of whether future planning projects deal in cash proffers or impact fees.
Officials plan to meet at an Aug. 26 work session to begin working on the capital improvements plan for next year.