RD355 - Report on the Progress of Cities, Counties, and Towns Toward Designating Urban Development Areas (UDAs) - November 2011


Executive Summary:
I. INTRODUCTION

Section 15.2-2223.1 of the Code of Virginia requires certain localities within the Commonwealth to designate urban development areas (UDAs) in their comprehensive plans. A UDA is defined as an area that is 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.1

UDAs are required to be established within the comprehensive plan for any locality that has adopted zoning and either (i) has a population of at least 20,000 and a decennial population growth of at least five percent, or (ii) has a decennial population growth of at least fifteen percent. Additionally, any locality that does not meet these criteria may choose to establish a UDA within its comprehensive plan. For the purpose of determining population growth, a locality may exclude population growth caused by the opening or expansion of correctional facilities.

A. Required Components of UDAs

The following is a summary of the mandatory components of UDAs:

• Required to be sufficient to meet the projected residential and commercial growth in the locality for the next 10 to 20 years (or 10 to 40 years for Fairfax County).

• Development within the UDAs at the following minimum densities:

For localities with population of 130,000 or more:

Single-Family: 8 per acre
Townhouses: 12 per acre
Apartments, Condominiums, or Cooperative Units: 24 per acre
Commercial: 0.8 floor area ratio

For localities with population of less than 130,000:

Single-Family: 4 per acre
Townhouses: 6 per acre
Apartments, Condominiums, or Cooperative Units: 12 per acre
Commercial 0.8 floor area ratio 0.4 floor area ratio

• Shall incorporate principles of traditional neighborhood design.

• The comprehensive plan shall describe any financial and other incentives for development within the UDA.

• A portion of one or more UDAs shall be designated as a receiving area for any transfer of development rights program established by the locality.

• A county may designate one or more UDAs in any incorporated town within such county, if the town has also amended its comprehensive plan to designate the same areas as UDAs with at least the same density designated by the county.

• To the extent possible, federal, state, and local transportation, housing, water and sewer facilities, economic development and other public infrastructure funding for new and expanded facilities shall be directed to UDAs.

• Any locality that would be required to amend its comprehensive plan to designate a UDA that determines its existing plan accommodates growth in a manner consistent with the UDA requirement may adopt a resolution certifying such compliance and will not be required to further amend its comprehensive plan.

• In conjunction with the periodic review of the locality’s comprehensive plan, the boundaries and size of the urban development area shall be reexamined and, if necessary, revised every five years.

B. Deadlines for Implementation

• July 1, 2011: All counties are required to comply with the legislation. (Acts 2007, Ch. 896)

• July 1, 2012: All cities and towns are required to comply with the legislation. (Acts 2009, Ch. 469)

• July 1, 2012: All localities with population of 130,000 or more must comply with the additional density requirement, as indicated in the chart above.

• February 2, 2013: Any locality that becomes subject to the UDA requirement due to population growth shall have two years following the release of the census figures to comply.

C. Commission on Local Government Report

Localities are directed to forward to the Commission on Local Government documents describing all urban development area designations (or the resolution certifying compliance with the UDA requirement), associated written policies, zoning provisions and other ordinances, and the capital improvement program within ninety days of the adoption or amendment of comprehensive plans and other written policies, zoning provisions and other ordinances. The Commission is required to report, annually, on the overall compliance with the urban development area requirement to the Governor and General Assembly.

While the Commission produced a preliminary document in 2010 that presented some baseline information regarding the designation of UDAs, this is the Commission’s initial report as required by the statute. As such, the Commission was required to develop an appropriate format in concert with the relevant planning district commission (PDC). On July 19, 2011, Commission staff contacted the 21 PDC executive directors in Virginia via email requesting their input on a suggested report format set forth in the text of the message and on a proposed survey instrument, which was attached to the message. In addition, Commission staff presented both the proposed report format and the draft survey instrument to the PDC executive directors during the Virginia Association of Planning District Commissions (VAPDC) 2011 Summer Conference on July 28, 2011. While the Commission received several suggestions regarding the content of the survey, all of which were incorporated, the Commission did not receive any suggestions or comments regarding the proposed report format.

D. UDA Grant Program

The Urban Development Area Grant Program administered by the Virginia Department of Transportation (VDOT) was established to provide on?call consultant time to local governments to analyze future growth patterns, plan for and designate at least one UDA in their comprehensive plans and revise applicable local ordinances to incorporate the principles of traditional neighborhood design. The grant program consists of two tiers for which VDOT has set forth specifications and does not require any local matching funds. However, local governments that accept a grant are expected to revise their comprehensive plans to incorporate at least one UDA and to revise their zoning and subdivision ordinances to incorporate the principles of new urbanism and traditional neighborhood design. A total of 32 UDA grants totaling $2.35 million were awarded to the following jurisdictions: the Counties of Albemarle, Amelia, Amherst, Bedford, Caroline, Cumberland, Dinwiddie, Fauquier, Fluvanna, Gloucester, Goochland, Halifax, Isle of Wight, King William, Mecklenburg, Montgomery, New Kent, Page, Rockingham, Spotsylvania, Stafford and Washington; the Cities of Harrisonburg, Martinsville, Virginia Beach and Winchester; the Towns of Blacksburg, Broadway, Herndon, Orange, South Boston and Woodstock.
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(*1) A copy of Va. Code § 15.2-2223.1 is included in Appendix A.