ACTION ITEM: Bill to Allow “By-Right” Multi-Family Housing Within One-Quarter Mile of Rail and Transit Stops Passes Senate

By a vote 21-19, the Senate passed SB 717 (Salim) that would mandate localities to adopt “transit-oriented housing overlay districts” within one mile of major transit stops and transit corridors and that within such districts allow for by-right development of dwelling units at specified minimum densities. Specifically, the legislation requires localities to allow for (1) development of 30 units per acre – at a minimum six stories in height – within one-quarter of a mile of major transit stops; and (2) two units per lot and four units per corner lot between one-quarter of a mile and one mile of such a stop.

ACTION REQUESTED

As specified in the legislation “major transit stop” is defined as …  a station or stop served by heavy rail, light rail, commuter rail, bus rapid transit, or other high-capacity transit service designated by the Department of Rail and Public Transportation. This broad definition includes Virginia Amtrak stations, Virginia Railway Express (VRE) stations, as well as local and regional light rail and bus rapid transit stops such DC Metro stations and GRTC Pulse stops.  A “transit corridor” is defined as … a segment of track or dedicated busway providing such transit service.

KEY POINTS

  • Counties have carefully planned for integrating housing, business, and jobs within major transit stops and corridors, often through significant investments in public infrastructure.
  • Mandating “by-right” construction of housing at densities of up to 30 units per acre in such transit areas ignores the time and investment of localities in crafting land use plans to accommodate the needs of all stakeholders in developing vibrant mixed-use communities.

KEY CONTACTS

VACo Contact: Joe Lerch, AICP

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