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Copy of Record Nov-Dec 2008.Pub DIVISION OF LEGISLATIVE SERVICES VOLUME 18 ISSUE 6 Virginia Legislative Record NOV—DEC 2008 HJR 178/SJR 70: Joint Subcommittee Studying Development and Land Use Tools in Virginia’s Localities Inside this issue: Interim Studies November 12, 2008 environmentally friendly. Those Land Use Tools 1 factors driving the goals of the task Certain ABC Issues The joint subcommittee held its force, according to Mr. Lecos, 4 Science, Math, & third meeting at the General Assembly include: Technology Education 6 Building in Richmond. Legislative • Creation of a people-focused urban DLS Report on HB 1441 7 members in attendance were Chairman setting so that residential development is Did You Know? Athey, Vice-Chairman Vogel, Delegates 8 encouraged in nearly all of Tysons Single Sales Factor 9 Oder and Miller and Senator Lucas. Corner. Members who serve ex officio in Substance Abuse Prevention 10 attendance were Pierce Homer, • Redesign of the transportation network so Biosciences & Biotechnology 12 Secretary of Transportation, and Alex that modes of traveling (walking, biking, Virginia’s Seaports 14 Daniel, Assistant Secretary of transit, cars) are balanced, 95% of At-Risk Children & Families 16 Commerce and Trade and designee for development is within a short walk of Rapid Transit Networks the Secretary of Commerce. transit, and urban streets exist within 18 Tysons Corner. Hampton Roads Transportation 20 Commissions and Councils Presentations • Strong emphasis on the environment so William Lecos, Tysons Land that streams are restored, parks meet Coal and Energy 21 Use Task Force urban park standards, and the Civil War Commission 23 William Lecos delivered a presenta- architecture and buildings are Energy and Environment 25 tion to the joint subcommittee entitled environmentally friendly. Freedom of Information Planning and Urban Design for Tysons Advisory Council 28 • New authority for implementation of the Corner. He began by stating that the Small Business Commission 30 Tysons Land Use Task Force's mission is task force's work. Regulatory Alert 31 to transform Tysons Corner from In summary, Mr. Lecos stated that suburbia to a truly urban place that is the vision of the Tysons Land Use For more information, built for people, not for cars. The goals Task Force is that Tysons Corner is visit study websites. of the task force are to make Tysons an environmentally sustainable—as DLS staff members maintain Corner a top downtown center, measured by its parks, restored a comprehensive website on nationally known by its green steward- streams, and "green" buildings—urban each study that contains a ship, where people want to reside. To center with 200,000 jobs and 70,000 achieve that goal, Mr. Lecos testified residents that contains a variety of complete summary of each that the task force focused growth on affordable and workforce housing meeting and links transit, on creating more jobs and choices, because twenty percent of to additional study increasing residents in Tysons Corner, the buildings contain residential information, handouts, and on making Tysons Corner more units. and resources. Dr. Sheryl Bailey, Virginia incompatibility and automatic reductions for Resources Authority perimeter constraints (e.g., mountains, rivers) Dr. Bailey delivered a presentation to the exist. He, however, noted the grandfathering joint subcommittee entitled Innovative provisions of the new secondary street Financing to Build Virginia Communities. After acceptance requirements: Virginia delivering an overview of the Virginia Resources Resources Authority (VRA), Dr. Bailey • Streets within a proffered plan of development, site Authority’s discussed specifically how VRA's invest- plan/subdivision plat, preliminary subdivision plat or investments and ments and financial support have made a approved street construction plan may be accepted difference in Virginia, such as funding more under former requirements. financial support than 800 projects across the Common- have made a wealth since the inception of VRA. She next • Proposals officially accepted for review by a local difference in detailed the financing options VRA is able government may be accepted under the former requirements at the request of the locality. Virginia, funding to provide localities. Namely, Dr. Bailey more than 800 stated that financing is available anytime • New requirements allow previous area type and that localities can utilize revolving loan projects in requirements to apply when area type is modified after funds, participate in the Virginia Pooled approval of development proposal. localities across Financing Program, or seek VRA equipment the state since and term financing to undertake projects. Also, Mr. Donohue noted that pedestrian the agency’s Relating to urban development areas, Dr. accommodations required in the secondary street acceptance requirements are generally inception. Bailey stated that existing VRA tools can augment development by either establishing based on density and specifically state what a VRA revolving loan fund for local types of accommodations, if any, are required infrastructure or combining initial capital depending on the lot size. With respect to investment with existing VRA Pooled stormwater runoff, Mr. Donohue remarked Financing Program to maximize impact. that the Virginia Department of Transporta- However, the General Assembly must define tion has worked with the Department of loan eligibility criteria, but localities can Conservation and Recreation and the private capitalize on VRA's proven record of getting sector to develop a list of innovative stormwa- investment to communities quickly. ter facilities that can be placed within Virginia Department of Transportation rights-of-way Nick Donohue, Assistant Secretary because such placement is not currently of Transportation permitted. Nick Donohue delivered a presentation Finally, Mr. Donohue stated that implemen- relating to new secondary street acceptance tation of the new requirements includes the requirements. He stated that the require- production by the Virginia Department of ments, which will supersede and replace Transportation (VDOT) of a guidance existing subdivision street requirements, are document to accompany regulation to assist a result of legislation introduced at the local staff and developers, as well as provision request of Governor Kaine and unani- by VDOT of outreach and training similar to mously approved during the 2007 General the outreach and training that was provided for Assembly Session. The intent of such the traffic impact analysis regulations. requirements is to ensure streets accepted into the state system for perpetual public Alan Pollock, Virginia Department maintenance provide public benefit. Mr. of Environmental Quality Donohue highlighted the connectivity Alan Pollock delivered a presentation to the requirements contained within the joint subcommittee entitled Progress Report on secondary street acceptance requirements, Nutrient Trading in the Chesapeake Bay Watershed but noted that connectivity is not always of Virginia. After discussing the Chesapeake feasible and that exceptions for land use 2000 Agreement and tributary strategies, P AGE 2 Virginia Legislative Record NOV—DEC 2008 Mr. Pollock discussed the nutrient credit Jack Frye, Virginia Department exchange legislation that was adopted in 2005 of Conservation and Recreation that: Jack Frye began his presentation by discussing the statutory requirements for • Authorizes the Chesapeake Bay Watershed Nutrient urban development areas and stormwater A spokesman Credit Exchange Program. management. He shared with subcommittee from DEQ members the timeline in which proposed • Directs the Department of Environmental Quality to discussed the issue a watershed general permit for point source stormwater management regulations become Chesapeake Bay discharges of nutrients (nitrogen and phosphorus) to effective and also shared the changes reflected the Chesapeake Bay and its tributaries. in the proposed regulations. Mr. Frye testified Watershed that the changes incorporate better site design Nutrient General • Authorizes the creation of the nonprofit Virginia and LID techniques into site design process Permit, which Nutrient Credit Exchange Association to assist the and allow for regional approaches, pro-rata regulated community in complying with the fees, exceptions, etc. Key areas of compatibil- was effective watershed general permit. ity exist between the statutory requirements January 1, 2007, for urban development areas, such as The purpose of utilizing a watershed general covers 124 satisfaction requirements for stormwater permit and market-based point source significant and management and reduction of subdivision nutrient credit trading program is to: 23 nonsignificant street widths, and the proposed stormwater • Meet the nutrient cap load allocations cost management regulatory requirements, such as discharges, and effectively and as soon as possible in keeping with reduction of impervious cover as in narrower has a compliance the 2010 timeline and objectives of the Chesapeake streets, which reduce best management date of January 2000 agreement. practice requirements. 1, 2011. Mr. Frye discussed the impacts of • Accommodate continued growth and economic proposed regulations on higher density development in the Chesapeake Bay watershed. development. He concluded that initial • Provide a foundation for establishing market-based evidence from studies indicates that incentives to help achieve the Chesapeake Bay addressing
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