SB 388 (McPike) and HB 1279 (Cole) passed out of committee and are now headed to the floors of the Senate and House for further consideration. The bills override local decision-making authority by allowing development of housing on land owned by property tax-exempt religious organizations or certain property tax-exempt nonprofit organizations and provides that zoning ordinances shall allow the by-right development of up to 20 units per acre on property owned by such organizations. The measures specify that the review of such developments be completed pursuant to general law and states that localities shall not require a special exception, special use permit, conditional use permit, rezoning, or any discretionary review or approval process.
ACTION REQUIRED
- Contact your Delegates (House of Delegates Email List 1 | House of Delegates Email List 2) and Senators to Oppose SB 388 and HB 1279.
HB 1279 passed in House Counties, Cities, and Towns by a vote of 13 to 8 and will likely be considered for final passage in the house on Thursday, February 5.
SB 388 passed in Senate Local Government by a vote of 9 to 4 and will likely be considered for final passage in the Senate on Thursday February 5. The bill was also amended in committee to permit ground-floor nonresidential uses not to exceed 30 percent of gross floor area of the building. The amended bill specifies that … Permitted nonresidential uses shall include religious worship space, child day centers as defined in § 22.1-289.02, health clinics, coffee shops, or other uses that are ancillary to the operation or mission of the property tax-exempt religious organization or 501(c)(3) property tax-exempt nonprofit organization.
KEY POINTS
- VACo supports maintaining local decisions regarding the location and density of residential and mixed-use development and how such projects may fit within and benefit their community.
- By right development of residential and mixed-use development on any property, regardless of its location and access to adequate publicly funded facilities such as water, sewer, and roads, is inconsistent with the goals and objectives of sound land use policy and practice.
KEY CONTACTS
VACo Contact: Joe Lerch, AICP