SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2004 SESSION

049536344
HOUSE JOINT RESOLUTION NO. 227
Offered January 14, 2004
Establishing a joint subcommittee to study conditional zoning and its effect on residential development patterns and the cost of housing in the Commonwealth of Virginia. Report.
----------

Patrons-- Ingram, Amundson, Bryant, Dudley, Hall, Hull, Marshall, D.W., Oder, Stump, Suit and Weatherholtz
----------
Referred to Committee on Rules
----------

WHEREAS, §§ 15.2-2296 through 15.2-2303 granted certain localities the authority to enact a zoning ordinance that included a provision for the voluntary proffering in writing, by the owner, of reasonable conditions, in addition to the regulations provided for the zoning district or zone by ordinance; and

WHEREAS, the purpose of conditional zoning was to provide more flexible and adaptable zoning methods to facilitate the orderly development of land and permit differing land uses and at the same time recognize the effects of change; and

WHEREAS, conditional zoning was enacted in 1978 and its effects have not been studied in the subsequent 25 years; and

WHEREAS, conditional zoning has evolved in many localities across the state into the development of local guidelines or policies that create an implied expectation of the volunteering of substantial conditions or the payment of cash proffers in conjunction with a zoning or rezoning applications; and

WHEREAS, such local guidelines or policies or implied expectations are approaching $10,000 in the Richmond area, exceed $20,000 in the Fredericksburg area and exceed $35,000 in the Northern Virginia area for each single-family detached residential unit to be constructed, thus impacting housing affordability, and have no statutory dollar limitation; and

WHEREAS, such local guidelines or policies or implied expectations, without a statutory dollar limit, may be having a significant impact on the cost of new and existing housing and the annual real estate tax obligation associated with homeownership; and

WHEREAS, such local guidelines or policies or implied expectations, given market forces, may be leading to the exportation of unwanted housing to neighboring localities, thus creating sprawl in the more rural areas that border the high growth regions of the state; and

WHEREAS, no statutory obligation exists for localities to expend cash proffers in a timely manner for the construction or improvement to the public infrastructure for which they were contributed, thus making the effect of conditional zoning difficult to quantify; now, therefore, be it

RESOLVED by the House of Delegates, the Senate concurring, That a joint subcommittee be established to study conditional zoning and its effect on residential development patterns and the cost of housing in the Commonwealth of Virginia. The joint subcommittee shall consist of ten members be appointed as follows: six members of the House Committee on Counties, Cities and Towns to be appointed by the Speaker of the House of Delegates in accordance with the principles of proportional representation contained in the Rules of the House of Delegates; and four members of the Senate Committee on Local Government to be appointed by the Senate Committee on Privileges and Elections. The joint subcommittee shall elect a chairman and vice chairman from among its membership, who shall be members of the General Assembly.

In conducting its study, the joint subcommittee shall examine the guidelines or policies or implied expectations of those localities that have created the same to (i) determine the accuracy of the methodology, (ii) determine its effect on the cost of new and existing housing, (iii) determine its effect on the annual real estate tax obligation associated with homeownership, (iv) determine its effect on the residential development patterns in the state, and (v) determine the timeliness of the expenditure of cash proffered for the construction or improvement of public infrastructure for which they were contributed.

Administrative staff support shall be provided by the Office of the Clerk of the House of Delegates. Legal, research, policy analysis, and other services as requested by the joint subcommittee shall be provided by the Division of Legislative Services. All agencies of the Commonwealth shall provide assistance to the joint subcommittee for this study, upon request.

The joint subcommittee shall be limited to four meetings for the 2004 interim, and the direct costs of this study shall not exceed $ 6,000 without approval as set out in this resolution. Approval for unbudgeted nonmember-related expenses shall require the written authorization of the chairman of the joint subcommittee and the respective Clerk. If a companion joint resolution of the other chamber is agreed to, written authorization of both Clerks shall be required.

No recommendation of the joint subcommittee shall be adopted if a majority of the House members or a majority of the Senate members appointed to the joint subcommittee (i) vote against the recommendation and (ii) vote for the recommendation to fail notwithstanding the majority vote of the joint subcommittee.

The joint subcommittee shall complete its meetings by November 30, 2004, and the chairman shall submit to the Division of Legislative Automated Systems an executive summary of its findings and recommendations no later than the first day of the 2005 Regular Session of the General Assembly. The executive summary shall state whether the joint subcommittee intends to submit to the General Assembly and the Governor a report of its findings and recommendations for publication as a document. The executive summary and the report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.

Implementation of this resolution is subject to subsequent approval and certification by the Joint Rules Committee. The Committee may approve or disapprove expenditures for this study, extend or delay the period for the conduct of the study, or authorize additional meetings during the 2004 interim.