Kaine's Growth Control Plan Suffers Setback in Richmond
Kaine's proposal to give local governments more authority to slow growth if the roads are inadequate was rejected by a vote of 9-2 in a subcommittee of the Counties, Cities and Towns Committee today. The story is here.
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February 8, 2006; 4:37 PM ET
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Posted by: Deborah Reyher | February 10, 2006 8:46 AM
This is a big disappointment, but keep in mind that at least some of what Virginia Beach Delegate Terrie Suit had to say was absolutely correct: cities and counties do have the ability today to put APF considerations into their comprehensive plans and to reject requests for rezoning on the basis of inadequate public facilities. There is an Attorney General's Opinion on this point. Moreover, as Delegate Suit also stated, the City of Chesapeake has already adopted such an amendment to its comprehensive plan.
Is this enough? No. Should the General Assembly enact a more robust legal framework? Yes. But the answer remains, the Fairfax County Board of Supervisors has more authority to enact growth curbs because of inadequate infrastructure.
Whether we are Democrats, Republicans or Independents, we need to look to one person for a failure of leadership -- Gerry Connolly, Chairman of the Board of Supervisors and the only supervisor elected on a countywide basis. It would be unfair to expect Chairman Connolly to fix all of the problems caused by out-of-control growth. Moreover, he was not Chairman for the entire time that Fairfax County has closed its eyes to over-development. But Gerry Connolly is in the best position to do something now by introducing legislation that would impose those growth controls that are currently authorized by law. His leadership could stop the bleeding. Mr. Connolly is an extremely bright man, who is well-versed in Virginia local government law. It is inconceivable that he is unaware of this partial solution to the county's biggest problem -- over-development.
Many of us have heard the Chairman talk about the problems associated with growth, but then suggest that the supervisors' hands are tied. We hear Mr. Connolly and his peers blame the General Assembly and the Dillon Rule. While the General Assembly is hardly a friend to its major source of funding, Fairfax County, it is unfair to cast all blame on Richmond. Why won't our Board Chairman propose the very same ordinance that the City of Chesapeake has adopted?
Posted by: Nasty Judge Dillon | February 10, 2006 4:48 PM
Doesn't the fact that Chesapeake is a City, rather than a County have something to do with Fairfax's inability to "enact" an APF law? I thought this was why APF requests have been part of Fairfax County's legislative requests - requests that were repeatedly turned down by the Genl. Assembly. If Fairfax could just "enact" such a law, why would it bother asking the G.A. at all?
Posted by: Dillon Not as Nasty to Cities | February 11, 2006 1:53 PM
Fair question. You can read the Attorney General's opinion for yourself. It does not speak of cities, but rather "Virginia localities." The conclusion of the opinion states: "It is my opinion that a Virginia locality may adopt, as part of its comprehensive plan, a proffer policy that considers an adequate public facilities requirement, with criteria as set forth below, before applications for rezoning may be approved."
Here's a link to the 2002 opinion online:
http://www.oag.state.va.us/oagstuff/media%20center/Opinions/2002opns/00-060a.htm
While some may regard me as a cynic, I believe that the main reason Connolly and company request for this authority is to use the General Assembly and the Dillon Rule as political cover for their actions that generally give developers whatever they want. We lack elected officials who are honest enough to admit that they could do more to control development in the public interest.
I'd readily agree that a more comprehensive statute would be beneficial and is needed. But the case remains, Fairfax County's Board of Supervisors are failing to use all of their statutory authority to control development in the public interest and is generally misleading the public about this situation.
Posted by: Nasty Judge Dillon | February 11, 2006 2:38 PM
That link isn't live so I'll try to help out the "Nasty Judge" by re-posting it:
http://www.oag.state.va.us/oagstuff/media%20center/Opinions/2002opns/00-060a.html
I have made some inquiries but still have not come up with the subcommittee vote -- anyone else know?
Posted by: Deborah Reyher | February 16, 2006 4:14 PM
The comments to this entry are closed.
Step 1: Let's get the list of the votes on that committee. Bob Marshall was obviously one of the 2 votes in favor -- who was the other? Sort of like reverse Russion Roulette where only ONE committee member won't get shot here.
Step 2: Let's press all our senators to encourage Governor Kaine to propose a similar Senate bill and pass it.
You can find direct links to all the committee members at http://www.FairGrowthNetwork.org
Go email or call your legislators!