Planning commission recommends changes to pedestrian/bicycle exaction rules in zoning ordinance

The James City County Planning Commission on Aug. 6 recommended that the Board of Supervisors approve an amendment to section 24-35 of the county zoning ordinance to add three exemptions to the county ppropriation of land for pedestrian and bicycle accommodations. The commission voted unanimously to forward the ordinance change after the county attorney—xplained the amendment was intended to address U.S. Supreme Court takings and exactions concerns.

Deputy County Attorney Liz Parman told commissioners the proposed ordinance would add three exemptions under subsection (c): an exemption where the development is for outdoor operations or outdoor storage (excluding outdoor sports, entertainment or retail venues); an exemption where there is not an existing sidewalk within one mile of the development; and an exemption where the development is more than 500 feet from the road along which the facility sits. "Allowing these exemptions for certain projects will provide the county with some leeway to exempt imposing exactions that are not related to the proposed development," Parman said.

The change responds to legal concerns about requiring land dedication for pedestrian and bicycle lanes on projects that may not create a related need for those accommodations. Parman told the commission such dedications must be examined under U.S. Supreme Court decisions on takings and exactions and that the proposed exemptions would reduce the risk of imposing demands not sufficiently tied to particular developments.

Commissioners asked clarifying questions about what "the road" refers to in the 500-foot exemption and how the Pedestrian Accommodation Master Plan and regional bicycle plan are referenced in the ordinance. Parman explained that "the road" is the public road adjoining the proposed development and that the master plan and regional bicycle plan are adopted policy documents identifying recommended locations for accommodations, not an exclusive list of roads where exemptions may or may not apply.

Commissioner Pollster moved to recommend approval and the commission voted by roll call with all members present voting "aye." The commission recorded no public comments on the amendment during the hearing.

Next steps: the Planning Commission—orwarded its recommendation to the Board of Supervisors for final consideration; no board action was taken at the Aug. 6 meeting. The ordinance text amendments and staff memorandum describing the proposed exemptions will accompany the Board's review.