10103457D
HOUSE BILL NO. 1071
Offered January 13, 2010
Prefiled January 13, 2010
A BILL to amend and reenact §15.2-2223.1 of the Code of
Virginia, relating to urban development areas.
----------
Patron-- Athey
----------
Referred to Committee on Counties, Cities and Towns
----------
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; new urbanism.
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,"
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 county, city, or town locality that has adopted
zoning pursuant to Article 7 (§15.2-2280 et seq.) of Chapter 22 of Title 15.2 this chapter and that (i) has
a population of at least 20,000 and population growth of at least 5% five percent or (ii) has
population growth of 15% 15 percent or more, shall, and
any county, city or town locality may, amend its
comprehensive plan to incorporate one or more urban development areas. For purposes of this section, population growth
shall be 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. For purposes of this section, an urban development area is an
area designated by a locality that is appropriate for higher density
development due to proximity to transportation facilities, the availability of
a public or community water and sewer system, or proximity to a city, town, or
other developed area.
1. The
comprehensive plan of a locality having
a population of less than 50,000 persons shall provide for commercial and residential densities within
urban development areas that are appropriate for reasonably compact development at a density on the developable acreage of
at least four residential single-family residences, six townhouses, or 12
apartments, condominium units, or
cooperative units per gross
acre, and a
minimum an authorized
floor area ratio of 0.4 per gross
acre for commercial development, or any proportional
combination thereof.
The urban development
areas may provide for a mix of residential housing types, including affordable
housing, to meet the projected family income distributions of future
residential growth.
The comprehensive plan
of a locality having a population of 50,000 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.
2. The comprehensive plan shall designate one or more
urban development areas designated by a
locality shall 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. Future residential and
commercial growth shall be based on official estimates and projections
of the Weldon Cooper Center for Public Service of the University of Virginia or other official government sources projections of the Virginia Employment Commission
or the United States Bureau of the Census.
3. The
boundaries and size of each urban development area shall be reexamined and, if
necessary, revised every five years in conjunction with the update review
of the comprehensive plan and in accordance with the most recent available
population growth estimates and projections. Such
districts may be areas designated for redevelopment or infill development.
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.
B5. The comprehensive plan shall further incorporate principles of new urbanism and traditional neighborhood for development 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) satisfaction of
requirements for stormwater management, (vi) mixed-use neighborhoods,
including mixed housing types, (vii) with affordable housing to meet the projected
family income distributions of future residential growth, (vi)
reduction of front and side yard building setbacks, and (viii) (vii)
reduction of subdivision street widths and turning radii at subdivision street
intersections.
C6. The comprehensive plan shall
describe any financial and other incentives for development in the urban
development areas.
7. A portion of one or
more urban development areas shall be designated as a receiving area for any
transfer of development rights program established by the locality.
DC. No county, city, or town 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.
ED. Any county, city, or town locality that would be required to amend its plan pursuant
to this section subsection B that determines
that its plan accommodates growth in a manner consistent with this section subsection B, upon adoption of
a resolution certifying describing such compliance 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.
E. 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.
F. Any county that amends its
comprehensive plan pursuant to this section subsection B may, by agreement made pursuant to Chapter 34 (§15.2-3400 et seq.),
designate one or more urban development areas in any incorporated town within
such county, if the governing body 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.
G. To the extent possible, federal, state and local
transportation, housing, and water and sewer facility,
economic development, and other public
infrastructure funding shall be directed to the urban
development area, or in the case of a
locality that adopts a resolution pursuant to subsection D, to the area that
accommodates 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 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.
| 
