Bill to Allow “By-Right” Six-Story, Multi-Family Housing Within One-Quarter Mile of Rail and Transit Stops Fails

After passing the Senate by a vote of 21-19, SB 717 (Salim) was continued until the 2027 session by a voice vote in the House Counties, Cities and Towns Committee on February 20. The legislation would have mandated 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. 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.

VACo opposed the legislation noting that counties carefully plan for integrating housing, business, and jobs within major transit stops and corridors, often through significant investments in public infrastructure. A mandate of “by-right” construction of housing at densities of up to 30 units per acre in such transit areas would invalidate the time and investment of localities in crafting land use plans to accommodate the needs of all stakeholders in developing vibrant mixed-use communities within these transit corridors.

VACo Contact: Joe Lerch, AICP

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