33.1-448 - Creation of district.
§ 33.1-448. Creation of district.
A. A district may be created in the City of Charlottesville and the County ofAlbemarle by resolutions of such localities' local governing bodies. Suchresolutions shall be considered upon the petition, to each local governingbody of the locality in which the proposed district is to be located, of theowners of at least 51 percent of either the land area or the assessed valueof land, in each locality, which (i) is within the boundaries of the proposeddistrict and (ii) has been zoned for commercial or industrial use or is usedfor such purposes.
B. The petition to the local governing bodies shall:
1. Set forth the name and describe the boundaries of the proposed district;
2. Describe the transportation improvements proposed within the district;
3. Propose a plan for providing such transportation improvements within thedistrict and describe specific terms and conditions with respect to allcommercial and industrial zoning classifications and uses, densities, andcriteria related thereto which the petitioners request for the proposeddistrict;
4. Describe the benefits that can be expected from the provision of suchtransportation improvements within the district; and
5. Request the local governing bodies to establish the proposed district forthe purposes set forth in the petition.
C. Upon the filing of such a petition, each local governing body shall fix aday for a hearing on the question of whether the proposed district shall becreated. The hearing shall consider whether the residents and owners of realproperty within the proposed district would benefit from the establishment ofthe proposed district. All interested persons who either reside in or owntaxable real property within the proposed district shall have the right toappear and show cause why any property or properties should not be includedin the proposed district. Such resolution shall be binding upon the localgoverning body with respect to the inclusion or exclusion of such propertieswithin the proposed district. The petition shall comply with the provisionsof this section with respect to minimum acreage or assessed valuation. Noticeof the hearing shall be given by publication once a week for threeconsecutive weeks in a newspaper of general circulation within the locality.At least 10 days shall intervene between the third publication and the dateset for the hearing.
D. If both local governing bodies find the creation of the proposed districtwould be in furtherance of their comprehensive plans for the development ofthe area, in the best interests of the residents and owners of real propertywithin the proposed district, and in furtherance of the public health,safety, and welfare, both local governing bodies may pass resolutions, whichshall be reasonably consistent with the petition, creating the district andproviding for the appointment of an advisory board in accordance with thischapter. The resolutions shall provide a description with specific terms andconditions of all commercial and industrial zoning classifications whichshall be in force in the district upon its creation, together with anyrelated criteria and a term of years, not to exceed 20 years, as to whicheach such zoning classification and each related criterion set forth thereinshall remain in force within the district without elimination, reduction, orrestriction, except (i) upon the written request or approval of the owner ofany property affected by a change or (ii) as specifically required to complywith state or federal law.
Each resolution creating the district shall also provide that the districtshall expire either (i) 35 years from the date upon which the resolution ispassed or (ii) when the district is abolished in accordance with thischapter. After the public hearing, each local governing body shall deliver acertified copy of its proposed resolution creating the district to thepetitioning landowners or their attorneys-in-fact. Any petitioning landownermay then withdraw his signature on the petition, in writing, at any timeprior to the vote of the local governing body. In the case where anysignatures on the petition are withdrawn, the local governing body may passthe proposed resolution only upon certification that the petition continuesto meet the provisions of this section. After both local governing bodieshave adopted resolutions creating the district, the district shall beestablished and the name of the district shall be "TheCharlottesville-Albemarle Transportation Improvement District."
(2004, c. 966.)