Subject:
Title
Proffers Timeline Regarding Rezonings
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BACKGROUND SUMMARY:
At a recent Town Council meeting, the Town Council Members Springsteen and Majdi requested the Town Attorney to provide background summary and overview of the timeline for zoning proffers.
OVERVIEW:
The Town Code Section 18-249.1, relating to rezonings, provides that the Town may accept proffers from a landowner/developer in a rezoning and/or amendment to the zoning map. The application for rezoning is submitted in accordance with the Town Code and Section 18-249.1 provides that any proffers be "provided such conditions are voluntarily proffered in writing by the owner prior to public hearing before the council". Accordingly, while a landowner/developer may submit its proposed proffers prior to any review of the Planning Commission, it is not required by the Town Code.
Virginia Code ?15.2-2303, provides that a zoning ordinance may include provisions for the proffers to address conditions related to the proposed zoning map amendment and ("t)he governing body may also accept amended proffers once the public hearing has begun if the amended proffers do not materially affect the overall proposal".
Because proffers are voluntary and intended to address impacts of a rezoning that are directly and measurably related to the impact of a proposed rezoning, landowners are permitted to submit proposed proffer amendments even after a public hearing on a proposed rezoning. The Virginia Supreme Court in the 2010 case of Arogas, Inc. v. Frederick County BZA, 280 Va. 221, 698 S.E.2d 908, specifically ruled that Virginia Code Section 15.2-2285(C) permits this and the Virginia Code authorized the governmental body to make changes to the proffers that the prior landowners had submitted. The rezoning of the property that resulted was an amendment to the county's zoning ordinance. Code ? 15.2-2285(C) enables local governments to consider comments that citizens or property owners articulate during pu...
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