09-26-1996 Joint Work Session..,
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JOINT WORK SESSION BETWEEN THE ISLE OF WIGHT COUNTY
BOARD. OF SUPERVISORS AND THE ISLE OF .WIGHT COUNTY
PLANNING COMMISSION -HELD THE TWENTY-SIXTH DAY OF
SEPTEMBER IN THE YEAR NINETEEN HUNDRED NINETY SIX AT
WINDSOR HIGH SCHOOL
PRESENT: Phillip A. Bradshaw, Chairman,. Board of Supervisors
Henry H. Bradby, Vice Chairman, Board of Supervisors
O. A. Spady, Member, Board of Supervisors
Robert G Claud, Sr., Member, Board of Supervisors
(Arrived at 7:05 p.m.)
Malcolm T. Cofer, .Member, Board of Supervisors
Robert P. Leber, Chairman, Planning Commission
Wesley Ray- Holland,. Vice Chairman, Planning '
Commission
Lawrence Pitt, Commissioner
J. C. Jenkins Jr., Commissioner
Edna R. King, Commissioner
Stanley Turner, Commissioner
Phyllis B. Bloxom, Commissioner
Larry J. O'Bryan, Commissioner
W. Martin Jones, Commissioner
Also Attending: H. Woodrow Crook, Jr., County Attorney
W. Douglas Casket', County Administrator
R. Bryan David, Director of Planning and
Zoning
Anne F. Seward, Director of Budget and Finance
John. B. Edwards, Planner/GIS Coordinator
Carey H. Mills, Assistant Clerk
Sandy W. Whitley, Secretary, Planning Commission
Chairman Bradshaw called the work. session to order at 7:03 p.m.
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Mr. R. Bryan David, Director of Planning and Zoning, opened .the
floor for discussion by the Board and Planning Commission. giving a
background on the fiscal impact of recent residential development in the.
County.
.Supervisor Spndy stated voluntary cash proffers areaway of
managing the amount of residential development in the County, however,
a certain amount of development is necessary in order to assist the County-
in the cost of the development of water and sewer service.
County Attorney Crook stated the .County must have a consistent
policy which establishes an amount .for cash proffers which should be
uniform... It is difficult. to justify one amount being accepted for one
development and another amount for. other developments. Mr. Crook
stated .cash proffers are a tool for controlling growth and preserving the.
integrity of the County as set forth in the Comprehensive Plan. Mr. Crook
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stated another objective is the fiscal impact and how can the County use
these proffers to offset .its capital .expenses caused by residential
development.
Commissioner.. Pitt stated a majority of the Planning. Commission feels
that some type of cash proffer is appropriate. Mr. Pitt further stated. the
County is experiencing a large surge of .growth which is causing a great
deal of upfront expenses and the way to offset these expenses is through
some type of cash proffer which needs to be applied consistently. Mr. Pitt
stated he is in favor of cash proffers and would not have a problem. with
setting a_consistent policy.
Vice Chairman Holland stated. he did not have a problem with
establishing consistent cash proffers, however, he doeshave a problem with
some of the individual lots which are cut off farms and create a hardship
on individuals to pay this money.
Commissioner King stated staff needs some assistance in requesting
from a developer the amount of money needed for cash proffers. Mrs. King
stated staff needs a consistent formula by which to charge these proffers o
that the Planning.Commission will have some clout when charging these
proffers.
Supervisor Cofer stated the formula as established in the cash proffer
study should set the percentage the County will accept. as a policy.
County Attorney Crook stated whatever policy is established must be
consistent so that there is no debating and the matter will be defendable in
court.
Chairman Leber stated the problem is not with big developers, but
with the individual who is speaking on behalf of his elderly mother who
wants to develop a .lot to make some .money for the family.
Supervisor Spady stated that while there will be some exceptions, they
should not be very often.. Supervisor Spady stated if the. elderly woman
wants a certain amount of .money. for her lot, then she must ask this. much
more for her land. Supervisor Spady stated what he would like to have
from the Planning ..Commission is a suggestion of what it thinks are '
workable proffers that would help regulate, but not stop development.
Supervisor Bradby requested the Board and Commissionkeep in mind
#hat many Nmes .when an individual sells off a lot, it is to take care of
financial needs. Supervisor Bradby stated he would like #or this type of
situation to be included in the formula to deal with .these situations.
Commissioner O'Brien stated he could support voluntary cash proffers
if the guidelines establishing same are consistent.
Commissioner Bloxom .stated- what applies to one should apply to all,
.regardless: of who- they are, developer or citizen, otherwise .the County
Attorney will not be able #o successfully represent the County in court.
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Vice Chairman Holland asked how other localities are dealing with
the proffer system.
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Mr. David stated that while each locality is operating..under the same
State law, there does not appear to be any set rule. Mr. David- stated
Virginia Beach has established a complicated formula which figures the
exact fiscal impact for each development. Mr. David stated retired couples'
demand of service is not the same as individuals with children going to
school. Mr. David stated Chesterfield County has established a set policy
that recovers 30%-35% in year one; 50% in .year two and 75% at year three.
Mr. David stated Chesterfield County is now recovering almost 100%.
Commissioner Pitt stated the Planning Commission can support cash
proffers if uniformly applied each and every time. Commissioner Pitt
stated from a legal standpoint, the County. Attorney will have a better
chance of winning if the cash proffers are consistent. Commissioner Pitt
stated the Planning Commission is looking for a figure that can be applied
uniformly, consistently and which can be justified in a legal battle.
Commissioner Turner stated the Planning Commission has not been
consistent in its cash proffers in the .past and one consistent policy for
everyone needs to be implemented.
Supervisor Claud stated the County must do something to bring more
revenue in to take care of the deficit and he could justify a uniform process.
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Supervisor Bradby stated the word "voluntary" .must stay in or he
could not support cash proffers. Supervisor Bradby .stated situations must
be dealt with on an individual basis. Supervisor Bradby. stated the County
must meet .the needs of its school construction, its indebtness and other
services to the citizens and the County Attorney must have grounds to
represent the County in court.
Supervisor Spady stated the Planning Commission should bring back
guidelines on what are reasonable proffers.
Mr. David stated there is a policy in the Comprehensive Plane that
states new developments should pay their way and cash proffers are one
.way of making that goal work 1VIr. David stated _$6,800 per lot is the goal.
Supervisor Cofer stated the policy must be set by the Board.
Supervisor Cofer stated the Board must advise the Planning Commission
that this is what it is .willing to accept.
Mr. David was requested to make sure that this matter is on the.
Board's agenda in October.
Chairman Bradshaw pointed out that land values will increase.
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County Attorney Crook stated the Board could lower the rates to deal
with the increased land values.
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Regarding the issue of the C1P, Supervisor Cofer stated the Board's
goal is to review the C1P in a timely .fashion and approve it before the
Operating .Budget. Supervisor Cofer stated the fund balance does not
contain a cushion anymore..
Supervisor Spady stated the County. cannot continue to fund items
from the fund balance..
Chairman Bradshaw recommended the Planning Commission
members work with the Director of Budget and Finance regarding finances,
as necessary.
Commissioner- Pitt requested staff distribute information .regarding
tap-on ;policies to the Planning Commission at its next. meeting.
Chairman .Bradshaw noted the Board is in the process of setting rates
for water and sewer.
Regarding the issue of solid waste management, Supervisor Spady
stated. he has been reviewing the information provided to him and he will
advise the Board on his recommendations in the near future.
Supervisor Cofer stated the Board is interested in franchising. efforts
for the area along the Route 460 Corridor.. Supervisor Cofer stated he has
requested Mr. David meet with SPSA's Executive Director, Durwood
Curling, in an effort to control and. decrease the County's solid waste costs.
Supervisor Claud stated .the County must keep in mind that it wants
to reduce its cost, yet keep the services. Supervisor Claud stated he could
not endorse mandatory pick up at this time and suggested the County
needs an additional site in the central. part of the County as citizens living
in the Windsor area must drive to Walters- or the Courthouse to dump their
trash.
Supervisor Bradby endorsed door-to-door trash collection only on a
voluntary basis.
Regarding, commercial rezonings, 1VIr. David requested comments
concerning commercial rezonings, specifically when a request for rezoning
is submitted and the proposed developer does not yet have a specified
purpose for the property.. Nir. David stated if the property is a raw piece
of land, the County may .end up with something that will not be compatible
with the surrounding area.
Supervisor Spady stated he does not agree that the County .should
approve a rezoning without a specified use because the Board will not have
a say. in what goes on the property in the future and it may be compatible
with the surrounding area.
Commissioner Pitt stated he did not agree with Supervisor Spady as
this is the way the largest cities do it. Commissioner .Pitt stated he does not
have a problem with approving such requests. Otherwise, how would
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someone buy property for commercial development if they :had to wait for
the last minute to zone it.
Mr. David stated to address this issue, we have taken number of
proposed commercial uses in the draft Zoning Ordinance and require
Conditional Use Permits so that if the development is rezoned .commercial
for .any of these uses, they must still go through a CUP process. This. may
reduce the unknowns with commercial rezonings done for speculative
purposes.
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Supervisor Cofer moved the .Board adjourn their work session with
the Planning Commission at 8:30 p.m.
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Ph' A. Bradshaw, Chairman
W. Doug skey, Cler
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