Conditional rezoning proffers; extensive changes to zoning provisions. (HB1801)

Introduced By

Del. Lee Ware (R-Powhatan) with support from co-patron Del. John McGuire (R-Glen Allen)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Conditional rezoning proffers. Makes extensive changes to conditional zoning provisions first enacted in 2016. Specific amendments include provisions stating that no locality shall "require" any unreasonable proffer. Under current law, no locality may "request or accept" any unreasonable proffer. Other changes include (i) an expansion of the definitions of "public safety facility improvement" and "public school facility improvement"; (ii) allowing an applicant to submit any offsite proffer that the applicant deems reasonable and appropriate, as conclusively evidenced by the signed proffers; and (iii) provisions stating that nothing in the bill shall be deemed or interpreted to prohibit communications between an applicant or owner and the locality or shall be deemed or interpreted to prohibit presentation, analysis, or discussion of the potential impacts of new residential development or other new residential use on the locality's public facilities either onsite or offsite that are specifically attributable to such development. Final enactments state that (a) the bill shall be effective as to any application for a rezoning or proffer condition amendment filed on or after July 1, 2019, or to certain other pending applications, and (b) an applicant with a pending application for a rezoning or proffer condition amendment that was filed prior to July 1, 2016, may elect to proceed under the law as it existed prior to that date, and an applicant with a pending application for a rezoning or proffer condition amendment filed on or after July 1, 2016, but before July 1, 2019, may elect to proceed under the law as it existed during that period. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
12/28/2018Committee
12/28/2018Prefiled and ordered printed; offered 01/09/19 19101725D
12/28/2018Referred to Committee on Counties, Cities and Towns
01/14/2019Assigned CC & T sub: Subcommittee #2
01/16/2019House subcommittee amendments and substitutes offered
01/16/2019Subcommittee recommends reporting with substitute (3-Y 2-N)
01/23/2019House subcommittee amendments and substitutes offered
01/23/2019Subcommittee recommends passing by indefinitely (5-Y 1-N)
02/05/2019Left in Counties, Cities and Towns

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