Section 40. Rezoning

A. Proposal submittal. The locality shall submit a package to VDOT within 10 business days of receipt of a complete application for a rezoning proposal if the proposal substantially affects transportation on state-controlled highways. All trip generation calculations used for the purposes of determining if a proposal meets the criteria shall be based upon the rates or equations published in the Institute of Transportation Engineers Trip Generation, 8th Edition, 2008, and shall not be reduced through internal capture rates. For redevelopment sites, trips currently generated by existing development that will be removed may be deducted from the total site trips that are generated by the proposed land use. However, no submission shall be required under this section if the rezoning proposal consists of no changes in allowable land use. Furthermore, no submission shall be required if the rezoning proposal results in lower maximum daily trip generation and no increase in maximum trip generation for AM Peak Hour of the adjacent street, PM Peak Hour of the adjacent street, and Weekend Peak Hour when compared to the hourly trip generation of land uses allowed by right under the current zoning, excepting governmental uses such as schools and libraries.

For the purposes of this section, a rezoning proposal shall substantially affect transportation on state-controlled highways if it meets or exceeds one or more of the following trip generation criteria:

1. Within a jurisdiction in which VDOT has maintenance responsibility for the secondary highway system, if the proposal generates more than 5,000 vehicle trips per day at the site's connection to a state-controlled highway. For a site that does not have an entrance onto a state-controlled highway, the site's connection is assumed to be wherever the road network that the site connects with attaches to a state-controlled highway. In cases where the site has multiple entrances to highways, volumes on all entrances shall be combined for the purposes of this determination;

2. Within a jurisdiction in which VDOT does not have maintenance responsibility for the local highway system, if the proposal generates more than 5,000 vehicle trips per day and whose nearest property line is within 3,000 feet, measured along public roads or streets, of a connection to a state-controlled highway; or

3. The proposal for residential rezoning generates more than 400 daily vehicle trips on a state-controlled highway and, once the site generated trips are distributed to the receiving highway, the proposal's vehicle trips on the highway exceed the daily traffic volume such highway presently carries. For the purposes of determining whether a proposal must be submitted to VDOT, the traffic carried on the state-controlled highway shall be assumed to be the most recently published amount measured in the last traffic count conducted by VDOT or the locality on that highway. In cases where the site has access to multiple highways, each receiving highway shall be evaluated individually for the purposes of this determination.

B. Required proposal elements. The package submitted by the locality to VDOT shall contain sufficient information and data so that VDOT may determine the location of the rezoning, its size, its effect on state-controlled highways, and methodology and assumptions used in the analysis of the effect. Submittal of an incomplete package shall be considered deficient in meeting the submission requirements of § 15.2-2222.1 of the Code of Virginia and shall be returned to the locality and the applicant, if applicable, identifying the deficiencies noted. A package submitted to VDOT shall consist of one paper copy and one electronic copy and include the following items:

1. A cover sheet containing:

a. Contact information for locality and developer (or owner) if applicable;

b. Rezoning location, highways adjacent to site, and parcel number or numbers;

c. Proposal summary with development name, size, and proposed zoning; and

d. A statement regarding the proposal's compliance with the comprehensive plan.

2. A local traffic impact statement or, if the local requirements for traffic statements contained in ordinances or policies have not been certified by VDOT, a VDOT traffic impact statement.

3. A concept plan of the proposed development.

C. Rezoning proposals associated with small area plans.

1. A traffic impact statement prepared for a small area plan pursuant to 24VAC30-155-30 C, or initiated for a small area plan at the request of a locality prior to February 4, 2010, and that contains substantially the same elements as those of a VDOT traffic impact statement, shall serve as the traffic impact statement required pursuant to this section for any rezoning proposals developed in furtherance of the adopted small area plan and related comprehensive plan amendments provided the following:

a. That the small area plan package is accompanied by a cover letter that includes a statement that the assumptions made in the traffic impact statement prepared for the small area plan remain generally valid.

b. That the following are accurate:

(1) The rezoning proposal is in substantial conformance with the adopted small area plan. A deviation in density must be greater than 10% to be considered no longer in substantial conformance with the adopted small area plan.

(2) The character and volume of the trip generation by the proposed uses are similar to those proposed by the small area plan.

(3) All other assumptions made in the traffic impact statement prepared for the small area plan remain generally valid.

2. In instances where the assumptions made in the traffic impact statement prepared for the small area plan are no longer valid, the traffic impact statement may be updated. If the traffic impact statement is updated, it shall serve as the traffic impact statement required pursuant to this section for any rezoning proposals developed in furtherance of the adopted small area plan and related comprehensive plan amendments.

D. Review process. After formal submission of a rezoning proposal for review, VDOT may, pursuant to § 15.2-2222.1 of the Code of Virginia, request a meeting with the locality and rezoning applicant to discuss potential modifications to the proposal to address any concerns or deficiencies. The request must be made within 45 days of receipt by VDOT of the proposal. VDOT must provide written comments to the locality and the rezoning applicant within 45 days of VDOT's receipt of the proposal if no meeting is scheduled or has been requested or within 120 days of the receipt of the proposal otherwise. VDOT shall not reject or require resubmission if the package has been prepared in accordance with best professional practice and substantially documents the expected impacts of the proposal. If VDOT determines that (i) the package has not been prepared in accordance with best professional practice, (ii) the package fails to substantially document the expected impacts of the proposal, or (iii) the submission is substantially incomplete, VDOT may request of the applicant, in writing or at the above mentioned meeting, modifications to address concerns. If the concerns are not adequately addressed within 30 days of the transmission of such concerns, VDOT may require resubmission. VDOT shall conduct its review and provide official comments to the locality for inclusion in the official public record. VDOT shall also make such comments available to the public. The department's comments on the proposed rezoning shall be based upon the comprehensive plan, regulations and guidelines of the department, engineering and design considerations, adopted regional or statewide plans, and short and long term traffic impacts on and off site. Nothing in this section shall prohibit a locality from acting on a rezoning proposal if VDOT's comments on the submission have not been received within the timelines in this section.

Historical Notes

Derived from Volume 23, Issue 18, eff. July 1, 2007; Errata, 23:21 VA.R. 3619 June 25, 2007; amended, Virginia Register Volume 24, Issue 23, eff. July 1, 2008; Volume 26, Issue 08, eff. February 4, 2010; Volume 28, Issue 08, eff. December 31, 2011; Errata 28:12 February 13, 2012.

Statutory Authority

§ 15.2-2222.1 of the Code of Virginia; Chapters 647 and 870 of the 2011 Acts of Assembly.