Loading...
March 08, 2007 Work Session 315 A Worksession of the Frederick County Board of Supervisors was held on Wednesday, March 8, 2007, at 12:30 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Vice-Chairman Gene E. Fisher; Charles S. DeHaven, Jr.; Gary W. Dove; Bill M. Ewing; Philip A. Lemieux; and Barbara E. Van Osten. ABSENT Chainnan Richard C. Shickle OTHERS PRESENT John R. Riley, Jr., County Administrator; Kris C. Tierney, Assistant County Administrator; Jay E. Tibbs, Deputy County Administrator; Eric R. Lawrence, Director of Planning and Development; Bernard Suchicital, Planner I; Susan K. Eddy, Senior Planner; Ellen Murphy, Commissioner of the Revenue; Dr. Jesse Richardson, Virginia Tech; Planning Commissioners Robert Morris, Paige Manuel, and June Wilmot. WORKSESSION WITH PLANNING COMMISSION RE: TRANSFER OF DEVELOPMENT RIGHTS Vice-Chairman Fisher called this worksession to order. He began by clarifying the Board's action from the previously adjourned budget worksession. He stated that it was the Board's consensus to proceed with the advertisement of Scenario B, but noted there was one dissenting vote regarding this scenario. He then turned the presentation regarding the transfer of development over to Senior Planner Susan Eddy. Senior Planner Eddy stated the Board held a worksession in November 2006 regarding the transfer of development rights. Under such as program, development rights are transferred from one property to another (i.e. from a sending area into a receiving area). This type of program was enabled by the General Assembly in 2006. Senior Planner Eddy then introduced Dr. Jesse Richardson, Virginia Tech, to discuss this topic. Dr. Richardson began by saying that he was tom on the transfer of development rights. He stated that in theory it was perfect because it gave downzoned property owners paper development rights that can be used in a receiving zone. Thc program is market based and the county would put Minute Book Number 32 Board 01' Supervisors Worksession witb Planning Commission on 03/08/07 (Discussion ol'Transl'er ol'Development Rights) 31 no money into it. However, interpreting such a program is more complicated because you are creating a market in development rights. Dr. Richardson stressed that the County needs to decide on the goal or purpose of the TDR program. He stated the most TDR program's are in place to protect land; however, the most successful programs are the urban programs. He went on to say that a TDR program may work well in Frederick County. He informed the Board that a developer will not buy rights unless it makes a project morc profitable and to be successful, TDR program should be regional. In Virginia it is possible to have a program that crosses jurisdictional lines. He cited Montgomery County, Maryland as the poster child for TDR's. Dr. Richardson went on to say that before implementing a TDR program in Frederick County a thorough analysis of the real estate market in the County should be conducted. Some drawbacks to the Virginia TDR statutes are: no banking of development rights. cash proffers cannot be received in a TDR program. Assistant County Administrator Kris Tierney asked Dr. Richardson to compare a purchase of development rights program and a transfer of development rights program. Dr. Richardson responded that PDR's are less complex and a locality can select the areas it wishes to protect. Also, PDR's cost the locality money. TDR's involve the creation of a market mechanism. Supervisor DeHaven stated that he saw the TDR process as a means of obtaining public service parcels or creating transportation connectivity. Dr. Richardson stated that he had never seen TDR programs used to reserve public service areas. He noted that in Virginia the purchase of speculative rights is not permitted and a purchaser must own land in the receiving area in order to purchase rights. He concluded by saying there are currently 150 TDR programs in the United States. Following Dr. Richardson's presentation, Planner I Bernard Suchicital reviewcd three TDR scenarios for areas located within Frederick County. Staff presented an Urban Development Area to Urban Development Area transfer, Rural Areas Zoning to Urban Development Area transfer and Rural Areas Zoning to Rural Community Center transfer. Senior Planner Susan Eddy discussed how such a program would be implemented in the Minute Book Number 32 Board of Supervisors Worksession with Planning Commission on 03/08/07 (Discussion of Transfer of Development Rights) 317 County. The tirst step would be to amend the Comprehensive Plan to establish the areas and general goals. Then the Zoning Ordinance would be amended to establish criteria and a map of specific parcels. Finally, procedures and forms would need to be created and established. She concluded by reminding the Board that this is a market driven transaction. Supervisor Van Osten stated there was a need to identity which rural community centers could be developed. Supervisor DeHaven stated that his biggest concern was trying to find a way to make sense of this program and also having to give up proffers. He went on to say that this program was not looking as attractive as it appeared on the surface. Planning Director Eric Lawrence stated that staff was looking for direction from the Board as to whether this merited additional study or staff should move on to something else. Supervisor Dove stated that this presentation showed Frederick County was ahead of a lot of localities in the state; however, he did not see where this program would benefit the County outside of the Rural Areas. Vice-Chairman Fisher directed statIto put this item on a future Board agenda for discussion. The worksession was adjourned at I :50 P.M. " "'\. \? 0 Q . 9..Q ~,__, Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: Ch H E.. '--1: O...Q >-? ~s Deputy Clerk, Board of Supervisors Minute Book Number 32 Board of Supervisors Worksession with Planning Commission on 03/08/07 (Discussion of Transfcr of Development Rights)