Resolution Requesting the Governor Veto Senate Bill 549

WHEREAS, Senate Bill 549 (“SB 549”) will cause significant adverse impacts to the rezoning process as to create uncertainty, increased community impacts and promote litigation which will negatively impact the development of real property in the Commonwealth of Virginia; and

WHEREAS, SB 549 is antagonistic to orderly, managed and planned growth of vibrant neighborhoods and communities in which to live, work, and learn where residents are served by adequate public facilities; and

WHEREAS, SB 549 will put an end to the constructive and collaborative development process that exists in high growth communities such as Loudoun County where population grew from 57,500 in 1980 to a diverse, prosperous and livable community of more than 360,000 today; and

WHEREAS, SB 549 creates an unfunded mandate by eliminating the ability of localities and developers to adequately mitigate the impacts of development and will cause upward pressure on local tax rates to pay for public facilities that can no longer be proffered in rezoning cases; and

WHEREAS, SB 549 would eliminate the flexibility currently available to localities and developers to customize developments by prohibiting developers from offering innovative proffers, and localities from accepting such proffers, to meet the needs of modern and vibrant communities that attracts economic development; and

WHEREAS, SB 549 would cause a complete reversal in the body of law governing rezoning cases developed by the highest courts over the last century by transferring the historic presumption of reasonableness from locally elected legislative bodies to land developers; and

WHEREAS, SB 549 would have a detrimental effect on the ability of planning commissioners and members of local governing bodies to respond to or address concerns expressed by constituents during the public hearing process thus rendering the public hearing process a mere formality; and

WHEREAS, SB 549 completely eliminates the ability of developers, despite a genuine desire to do so, to offer proffers for public facilities or improvements where the need for such facilities or improvements is not specifically attributable to the proposed residential development; and

WHEREAS, SB 549 would discourage staff, planning commissioners and Board members throughout the rezoning process from engaging in constructive discussion of proposed residential rezonings; and

WHEREAS, SB 549 would prohibit applicants from proffering, and localities from accepting proffers for, many essential public facilities that would ultimately serve the needs of the eventual residents of proposed residential developments or offsite improvements to mitigate very real light, noise, and visual impacts to adjacent properties.

NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Loudoun County, Virginia, unanimously calls upon the Honorable Terence R. McAuliffe, Governor of the Commonwealth of Virginia to veto Senate Bill 549.

Phyllis J. Randall,
Chairman, Board of Supervisors

Tim Hemstreet
Clerk to the Board

Adopted by the Board of Supervisors of Loudoun, Virginia, this 1st day of March, 2016.

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