Bill Text: VA SB869 | 2011 | Regular Session | Introduced
Bill Title: Urban development areas; developable acreage is redefined to exclude certain lands.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-18 - Senate: Passed by indefinitely in Local Government (14-Y 0-N) [SB869 Detail]
Download: Virginia-2011-SB869-Introduced.html
11102176D 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 "Commission" means the Commission on Local Government. "Developable acreage," solely for the purposes of
calculating density within the urban development area, means "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.) 1. The comprehensive plan of a locality having a population of less than 130,000 persons shall provide for urban development areas that are 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. 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. 3. The 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. 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 the Weldon Cooper Center for Public Service of the University of Virginia or official projections of the Virginia Employment Commission or the United States Bureau of the Census. 4. 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. 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. 6. The comprehensive plan 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. The comprehensive plan shall describe any financial and other incentives for development in the urban development areas. 8. 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. 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. Nothing in this section shall be construed to affect or impair the authority of a governing body to accept proffered conditions which include provisions for timing or phasing of dedications, payments, or improvements.
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