STAFF PERSON:    Wayne Cilimberg                                                        


BOARD OF SUPERVISORS PUBLIC HEARING:       October 10, 2007      

RE:  CPA 2007-04 Cash Proffer Policy



PURPOSE:  Consider changes to the Albemarle County Comprehensive Plan regarding the relationship of the County’s public facilities and infrastructure to the successful implementation of the Development Areas, responsibilities for addressing the costs associated with such infrastructure and policies that establish the County’s expectations for new development to offset their fiscal impact on public facilities and infrastructure.


PROPOSAL:  Amend the Growth Management and Facilities Planning Sections of the Albemarle County Comprehensive Plan, Land Use Plan Chapter, and other appropriate sections as necessary, to incorporate expectations for addressing the fiscal impacts of development on the County’s public facilities and infrastructure and to adopt a policy to address the impacts on schools, public safety, libraries, parks and transportation (the “public facilities”) caused by residential development resulting from a re-zonings through a voluntary cash contribution proffered by the landowner seeking the rezoning (the “cash proffer policy”).  The cash proffer policy establishes general guidelines, the methodology for calculating the cost of the impact each new dwelling unit has on the public facilities, and the maximum cash proffer that will be accepted for various types of dwelling units.


BACKGROUND:  For some time staff provided analysis of the fiscal impact of the residential components of new development on public infrastructure as part of its zoning map amendment reports.  This information, a product of the County’s fiscal impact model, provided advisory information for the Planning Commission and Board of Supervisors in considering individual projects, but was not directly used to establish proffer expectations.  As the impact of new development has continued to increase the need for public facilities to support growth in the Development Areas, the Commission and Board have expressed a desire to provide a standard set of expectations for re-zonings to cover their impacts.  While the fiscal impact model could provide project by project impacts and associated expectations, a number of Virginia counties use standard proffer amounts calculated based on the relationship of types of dwelling units to projected infrastructure needs.  In consideration of these options, the Board directed the County’s Fiscal Impact Advisory Committee (FIAC) to analyze the fiscal impacts of development on the County’s public facilities and infrastructure and make recommendations as to the appropriate cash proffers to offset these impacts. 


On May 2, 2007, the Board reviewed the report from the FIAC (Attachment A) and directed staff to begin work on development of a cash proffer policy using this work. On May 9, 2007, the Board reviewed a list of possible issues to consider with a cash proffer policy and possible adoption processes. (Attachment B)  After reviewing this information, staff was directed to finalize a policy for consideration as quickly as possible and to schedule a June work session to finalize policy issues.  On June 20, 2007, the Board held a work session to review a draft cash proffer policy and advise staff on any changes desired with the policy.  After review of and direction regarding this information, the Board adopted a resolution of intent to amend the Comprehensive Plan to include the Cash Proffer Policy.  (Attachment C)


DISCUSSION:  Page 4 of the Growth Management section of Comprehensive Plan currently “emphasizes the County's role in providing necessary new and amended ordinances, regulations, support services and infrastructure for development, and more efficient use of Development Areas, including more urban and pedestrian oriented development styles. It must be recognized that the desired increased densities in the Development Areas will also require an increased commitment by the County for public infrastructure improvements.”  However, no mention is made as to the role of other sources, including the private sector, in addressing public infrastructure needs that result from new development.  To better specify these expectations, amendments to the Growth Management and Facilities Planning sections of the Comprehensive Plan, Land Use Plan Chapter have been developed.  (Attachment D, bold italics on pages 8 and 10)  In addition, a policy that details the operation of cash proffer expectations as part of the residential component of re-zonings has been developed that would be amended into the Comprehensive Plan as an Appendix.  (Attachment E)


RECOMMENDATION:  Staff believes that Attachments D and E appropriately identify responsibilities for the provision of public facilities and infrastructure and implement expectations for the residential component of new development to address their particular public infrastructure impacts as part of the re-zoning process.  To address the Board of Supervisors’ Resolution of Intent, staff recommends approval of these amendments to the Albemarle County Comprehensive Plan.



A – FIAC Report

B – Cash Proffer Policy Issues

C – Board of Supervisors Resolution of Intent

D – Amendments to the Growth Management and Facilities Planning sections of the Comprehensive Plan, Land Use Plan Chapter

E – Cash Proffer Policy Amendment to the Comprehensive Plan

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