HB869: Urban development areas; makes designation optional rather than mandatory for all localities.
Be it enacted by the General Assembly of Virginia:
1. That § 15.2-2223.1 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-2223.1. Comprehensive plan to include urban development areas.
A. For purposes of this section:
"Commercial" means property devoted to usual and customary business purposes for the sale of goods and services and includes, but is not limited to, retail operations, hotels, motels and offices. "Commercial" does not include residential dwelling units, including apartments and condominiums, or agricultural or forestal production, or manufacturing, processing, assembling, storing, warehousing, or distributing.
"Commission" means the Commission on Local Government.
"Developable acreage," solely for the purposes of calculating density within the urban development area, means land that is not included in (i) existing parks, rights-of-way of arterial and collector streets, railways, and public utilities and (ii) other existing public lands and facilities.
"Population growth" means the difference in population from the next-to-latest to the latest decennial census year, based on population reported by the United States Bureau of the Census. In computing its population growth, a locality may exclude the inmate population of any new or expanded correctional facility that opened within the time period between the two censuses.
"Urban development area" means an area designated by a locality that is (i) appropriate for higher density development due to its proximity to transportation facilities, the availability of a public or community water and sewer system, or a developed area and (ii) to the extent feasible, to be used for redevelopment or infill development.
B. Every locality that has
adopted zoning pursuant to Article 7 (§ 15.2-2280 et seq.) of this chapter and
that (i) has a population of at least 20,000 and population growth of at least
five percent or (ii) has population growth of 15 percent or more, shall, and
any Any
locality may, amend its comprehensive plan
to incorporate one or more urban development areas.
1. The comprehensive plan
of a locality having a population of less than 130,000 persons shall provide
for urban Urban
development areas that
are areas that may be appropriate
for development at a density on the developable acreage of at least four
single-family residences, six townhouses, or 12 apartments, condominium units,
or cooperative units per acre, and an authorized floor area ratio of at least
0.4 per acre for commercial development, or
any proportional combination thereof, or any other
combination or arrangement that is adopted by a locality in meeting the intent
of this section.
2. The comprehensive
plan of a locality having a population of 130,000 or more persons shall provide
for urban development areas that are appropriate for development at a density
on the developable acreage of at least eight single-family residences, 12
townhouses, or 24 apartments, condominium units, or cooperative units per acre,
and an authorized floor area ratio of at least 0.8 per acre for commercial
development, or any proportional combination thereof.
32. The urban development areas
designated by a locality shall may be sufficient to meet
projected residential and commercial growth in the locality for an ensuing
period of at least 10 but not more than 20 years, which may include phasing of
development within the urban development areas. Where an urban development area
in a county with the urban county executive form of government includes planned
or existing rail transit, the planning horizon may be for an ensuing period of
at least 10 but not more than 40 years. Future residential and commercial
growth shall be based on official estimates of either the Weldon Cooper Center for Public Service of the University of Virginia, the Virginia Employment
Commission, the United States Bureau of the Census, or other official
government projections required for federal transportation planning purposes.
4. 3. The boundaries and size of
each urban development area shall be reexamined and, if necessary, revised
every five years in conjunction with the review of the comprehensive plan and
in accordance with the most recent available population growth estimates and
projections.
5. 4. The boundaries of each urban
development area shall be identified in the locality's comprehensive plan and
shall be shown on future land use maps contained in such comprehensive plan.
65. The comprehensive
plan Urban development
areas, if designated, shall incorporate principles of
traditional neighborhood design in the urban
development area, which may include but need not be limited
to (i) pedestrian-friendly road design, (ii) interconnection of new local
streets with existing local streets and roads, (iii) connectivity of road and
pedestrian networks, (iv) preservation of natural areas, (v) mixed-use
neighborhoods, including mixed housing types, with affordable housing to meet
the projected family income distributions of future residential growth, (vi)
reduction of front and side yard building setbacks, and (vii) reduction of
subdivision street widths and turning radii at subdivision street
intersections.
7. 6. The comprehensive plan shall
describe any financial and other incentives for development in the urban
development areas.
8. 7. A portion of one or more
urban development areas shall may be designated as a
receiving area for any transfer of development rights program established by
the locality.
C. No locality that has amended its comprehensive plan in accordance with this section shall limit or prohibit development pursuant to existing zoning or shall refuse to consider any application for rezoning based solely on the fact that the property is located outside the urban development area.
D. Any locality that
would be required to amend its plan pursuant to subsection B that determines
that its plan accommodates growth in a manner consistent with subsection B,
upon adoption of a resolution describing such accommodation and describing any
financial and other incentives for development in the areas that accommodate
such growth, shall not be required to further amend its plan pursuant to
subsection B. Any locality that has adopted a resolution certifying compliance
with subsection B prior to February 1, 2010, shall not be required to comply
with this subsection until review of the locality's comprehensive plan as
provided for in provision 4 of subsection B.
ED. Localities shall consult
with adjacent localities, as well as the relevant planning district commission
and metropolitan planning organization, in establishing the appropriate size
and location of urban development areas to promote orderly and efficient
development of their region.
FE. Any county that amends its
comprehensive plan pursuant to subsection B may designate one or more urban
development areas in any incorporated town within such county, if the council
of the town has also amended its comprehensive plan to designate the same areas
as urban development areas with at least the same density designated by the
county. However, if a town has established an urban development area within its
corporate boundaries, the county within which the town is located shall not
include the town's projected population and commercial growth when initially
determining or reexamining the size and boundary of any other urban development
area within the county.
GF. To the extent possible,
federal, state and local transportation, housing, water and sewer facility,
economic development, and other public infrastructure funding for new and
expanded facilities shall be directed to the designated urban development area, or in the case of a locality that adopts a
resolution pursuant to subsection D, areas or
to the area such
similar areas that accommodates accommodate growth in a manner
consistent with this section.
H. Documents describing
all urban development area designations, as well as any resolution adopted
pursuant to subsection D, together with associated written policies, zoning
provisions and other ordinances, and the capital improvement program shall be
forwarded, electronically or by other means, to the Commission within 90 days
of the adoption or amendment of comprehensive plans and other written policies,
zoning provisions and other ordinances. The Commission shall annually report to
the Governor and General Assembly the overall compliance with this section
including densities achieved within each urban development area. Before
preparing the initial report, the Commission shall develop an appropriate
format in concert with the relevant planning district commission. Other than
the documents, policies, zoning provisions and other ordinances, resolutions,
and the capital improvement program forwarded by the locality, the Commission
shall not impose an additional administrative burden on localities in preparing
the annual report required by this subsection.
I. Any locality that
becomes subject to provision 2 of subsection B shall have until July 1, 2012,
to amend its comprehensive plan in accordance with this section.
J. Any locality that
becomes subject to this section due to population growth shall have two years
following the report of the United States Bureau of the Census made pursuant to
P.L. 94-171 to amend its comprehensive plan in accordance with this section.