Land-use issues in Orange County are never simple--even when they seem to be.
A proposed ordinance to enact a section of state law that allows flexibility in accepting cash proffers from developers became another opportunity for Supervisor Teri Pace to express her opposition to opening the door for too many new residents.
After much discussion, she was the only vote against the ordinance Tuesday night. She rejected the assurances of fellow supervisors and county staff that it would help the county.
"Orange County isn't going to benefit from this because we're not going to be doing any rezonings if we're going to keep growth at 1 percent," she said.
Proffers are voluntary offers of cash, land or amenities to offset the increased government services caused by the rezoning, such as a new school to serve a subdivision with many children.
The new law allows the county to accept cash proffers for projects that are not contained in the county's capital improvement plan.
The plan is a five-year list of capital projects such as schools, libraries and recreation facilities. The new ordinance would allow the county to accept cash for other impacts of the rezoning.
The measure enacted by the General Assembly last year has been used extensively by high-growth localities in Northern Virginia. But it can be adopted by any locality in the state where the population increased at least 5 percent from 1990-2000.
Fellow supervisors reminded Pace that a 5 percent increase over a decade is less that the 1 percent annual goal she cited, but she was unmoved.
In other land-use action, board Chairman Mark Johnson revisited the subject of a big-box ordinance recently rushed to approval in the wake of a site plan submitted for commercially zoned land on State Route 3. A rezoning is not needed for the project, which many officials speculate will include a Wal-Mart, but the new ordinance requires a special-use permit.
The developer's attorney has asked whether the project would have to adhere to the new law since the submitted plan was almost complete before it went into effect. The plan lacked only a traffic-impact analysis required by the Virginia Department of Transportation.
Community Development Director David Grover advised requiring a special-use permit, but Supervisors Johnson, Zack Burkett and Teel Goodwin thought the new project could be approved without one. Johnson asked that those positions be restated in public Tuesday since they had been expressed in a closed session.
County Attorney Todd Patrick, however, said a special-use permit is necessary under the ordinance, so the county has notified the developer's attorney that he must file an application for the project to proceed.
Robin Knepper: 540/972-5701
Email: rknepper@earthlink.net