The Special Exception Concept Outline included herein
provides the general framework for the proposed text
amendment. The actual proposed ordinance language subject
to public hearing is attached with new language and
additions underlined accordingly.
To summarize, the text amendment would establish a new
overlay district which applies to all service districts
except for the village service districts of Calverton,
Catlett and Midland. The purpose of the Purchase of
Development Rights Incentive Overlay (PDRI) is to preserve
agricultural resources, historic resources, open space and
parks, and opportunities for future transportation
improvements. The provision provides an incentive for
residentially zoned properties within designated Service
Districts to contribute to the stated objectives through the
purchase of development rights, subject to standards and
procedures established by the provision.
As proposed, the total density bonus for the project cannot
exceed the number of development rights extinguished, nor
can it exceed thirty percent of the base density, nor can
the total density of the project, with bonus, exceed the
maximum density established by the comprehensive plan.
Specific standards and procedures for the density bonus
special exception are established in the ordinance.
The Planning Commission held a public hearing on the
proposed ordinance on August 26, 2004 and voted unanimously
to recommend favorably the proposed ordinance to the Board
of Supervisors. Following the public hearing and discussion
at the work session, staff and the County Attorney's office
recommended the addition of Subsection (4) of Section 4-805
which provides that the subdivision shall be clustered and
provides guidelines for reduction of open space to
accommodate the additional density. The added language is
underscored in the attached ordinance.
recommends that the title of the overlay district be changed
as follows: Conservation Easement
Development Rights Incentive Overlay District.
Conservation easements are well known and well understood in
Virginia; conservation easements are favored public policy.
Since a purchased development right is reflected through an
easement, either title is accurate. But only one is
embraced as favored public policy.