Albemarle Economic Development X Files

FORUM WATCH EDITORIAL

By. Neil Williamson, President

i want to believeAlbemarle County says that it is in favor of economic development.  The former County Executive Tom Foley went so far as to say it is a “new day in Albemarle” regarding being open for business.  A couple of supervisors have even gone on the road attempting to drum up public support for economic vitality.

I find myself thinking of the 1990’s science fiction series the X-files where two FBI agents, Fox Mulder the believer and Dana Scully the skeptic, investigate the strange and unexplained, while hidden forces work to impede their efforts.

Just as Fox Mulder in the X-Files, I want to believe Albemarle, but the facts keep getting in the way.

Please let me explain.

In big ways and small, Albemarle seems to be losing ground.

Losing Faith, Missing Deadlines

When Economic Development Director Faith McClintic resigned in October 2016, Foley stated:

I am pleased that Faith will continue leading the development of the county’s first economic development strategic plan through the plan’s presentation to the Board in mid-December, and we will work with her during that time to assist in her transition to her new job responsibilities in Richmond.

But that did not happen.

In the same article, McClintic seemingly dissed Albemarle stating:

“I have told the county that I will finish the economic development plan so that if they get the political will to do it, they will have a roadmap,” she said. [emphasis added –nw]

Perhaps because of her comments on her way out the door,  McClintic did not complete the work she started.

We now understand a Richmond based consultant has been engaged to conduct stakeholder interviews and complete the economic development strategic plan with a late May delivery date to the Board of Supervisors.

False Expectations

Interestingly, as Albemarle’s Planning Commission seems to want the opportunity to weigh in on all sorts of issues beyond their direct scope of work, I was heartened when the Chairman wrote in an e-mail to the Free Enterprise Forum in Late July 2016:

 

“Last evening (7/26), under New Business (after your departure) the planning commissioners briefly discussed your comments under “matters from the public.” We wonder if you might expand on your thoughts in a 1-3 page “discussion piece” for our review, reflection and comment at a future meeting.

Thank you.

Best regards,

Tim

J. Timothy Keller – At-Large Commissioner and Chair
Albemarle Co. Planning Commission

Never one to turn away an opportunity to participate, I provided my Economic Development Homework Assignment from Albemarle PC.  In the post I posed a simple question:

The question is not only does Albemarle want to compete – the question is does Albemarle want to win?

Then………crickets.

Despite specifically requesting my input for their “review, reflection and comment” the Planning Commission has yet to take up the six basic concepts we raised in our so called “thought paper”.

Perception is Reality

Last week, Virginia Business ran an article about “Getting on the Radar” regarding Richmond’s economic development efforts.  Writer Paula Squires quoted national site consultant Tom Striger who explained why Austin, Texas is not as hot as it once was:

… he referred to Austin as a cautionary tale. For years, it enjoyed the buzz of being a young, hip, university town, and it drew corporate relocations.

Yet when Austin needed to invest in infrastructure, such as building new roads or expanding its airport, the city balked, Stringer said, out of fear of damaging its charm.

That’s where Austin has gone off the rails. People don’t go to Austin anymore. 

It takes three years for a building permit, and there’s no incentives. You have to live 20 miles from the city or put the facility near San Antonio. ‘It’s a privilege to be in Austin.’ That’s the mindset you have to avoid.”[emphasis added –nw]

Sound familiar?

Back in 2015, during the Deschutes Brewery discussion we wrote about Albemarle’s New Day or Arrogance:

 During my daughter’s accepted seniors college tour we heard two types of pitches from the schools she was considering the first “We are a great school, you are lucky to be considered” vs the college president saying directly “If you hear just one thing today please know, we want you here”.  Guess which school we selected. …

…. Please do not return to the Albemarle Arrogance that says to those who want to operate a business “you’re lucky to be here” and instead say you are “open for business” [emphasis added –nw]

Albemarle could benefit from a good hard look in the mirror.

Yes, there are a couple champions for economic development on the Board of Supervisors, but they are not in the majority.

Five months after McClintic’s departure and with Foley now leading Stafford County, Albemarle is without a County Executive, without an Economic Development Director and without a strategic plan to move economic development forward.I still want to believe

But I still want to believe.

Respectfully Submitted,

 

Neil Williamson, President

 

Neil Williamson is the President of The Free Enterprise Forum, a privately funded public policy organization covering the City of Charlottesville as well as Albemarle, Greene, Fluvanna, Louisa and  Nelson County.

Greene Supervisors Approve Permit for The Greene Hills Club

By. Brent Wilson, Field Officer

Normally Special Use Permits (SUPs) are urgently presented to the Planning Commission and Board of Supervisors in order to keep on schedule for some project that the entity wants to accomplish quickly. It was quite refreshing at last night’s Greene County Board of Supervisors meeting when Greene Hills Golf & Swim Club came to the board to request a SUP with no specific project pending.

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Greene Hills Club on Dundee Road bordering Madison County

Planning Director Bart Svoboda presented request #16-006 for The Greene Hills Club that was founded in 1968. The club is located on Dundee Road and sits on tax parcels 28-A-63 & 63A and is in an A-1, Agricultural District. Svoboda indicated that Greene Hills Club is a rural parcel and fits well with the Comprehensive Plan to preserve the natural resources of the county.

Further, he explained that the club draws players from outside the county to play golf which is also a goal of the comprehensive plan. All of the adjoining landowners were notified and none objected – the only feedback was questioning what the club was planning on doing differently which, in this case, was nothing. The Planning Commission approved the request on a 5-0 vote with the only exception being to exclude a gun club from the uses authorized in the permit.

Matthew Woodson, representing GHC, explained the rationale for the requested SUP. Woodson stated that 2018 will be the 50th anniversary of the club.Interestingly, it was 1975 when Greene passed an ordinance requiring a special use permit to operate a golf and swim club.  This ordinance made GHC an “Non-conforming use”.

Cornell University Law School defines non conforming use:

Also known as a prior nonconforming use (PNU), this exists when a zoning code is changed, but a parcel of land that is already being used for something disallowed by the new zoning code is “grandfathered in” (is allowed to continue).  For example, if a neighborhood zoning is changed to residential, a corner grocery store may be allowed to continue to operate.  The PNU will generally end when the use of the land is changed (so if the grocery store closes, the new zoning code will bar a new store from moving in).

Woodson explained that back in 2013 the club has demolished an older deck and constructed a new, larger structure. In going over that project with the county, it was noted that GHC was approaching the 50% expansion threshold which would require a SUP for any further development (kitchen expansion, pro shop expansion, etc.)

The GHC Board of Directors felt it made sense to go ahead and request the SUP and have that accomplished so that if they wanted to expand, the SUP would be in place. Woodson invited everyone to join Greene Hills and that might expedite the need for expansion!!

Although this was a public hearing, no one signed up to comment on the request. The request was then open for discussion among the Supervisors. Supervisor Jim Frydl (Midway) summarized for the board that he appreciated GHC being proactive. The club has been in synch with the Comprehensive Plan for tourism and recreation. In fact, neighborhoods have grown up near the golf course and it has been a perfect in a rural setting. The other supervisors were in agreement and the request passed on a 5-0 vote.

Brent Wilson is the Greene County Field Officer for the Free Enterprise Forum a privately funded public policy organization.  The Free Enterprise Forum Field Officer program is funded by a generous grant from the Charlottesville Area Association of REALTORS® (CAAR) and by readers like you.  To support this important work please donate online at www.freeenterpriseforum.org

Charlottesville’s Paid Parking ‘Canary in the Coal Mine’ ?

By. Neil Williamson, President

According to the Fairfax County Times, about five hundred people marched in protest on March 4th of the paid parking system implemented by Reston Town Center (RTC) owner and manaReston march 4 Parking Protest Phot Credit Angela Woolsey Fairfax County Timesger Boston Properties in January.

Yesterday (3/13) The Washington Post ran an article titled End of Free Parking is the Last Straw for Some Reston Residents which highlighted business owners concerns:

But businesses in the Northern Virginia suburb, about 23 miles west of Washington, say there has been a noticeable drop in customer traffic since the fees took effect and parking enforcement officers began writing tickets.

Why should Charlottesville care about what is happening in Reston? 

Because we see this push back on this private sector parking operation as a ‘Canary in the Coal Mine’ for Charlottesville

In the early 20th Century, coal miners used to take canaries into coal mines with them. Canaries are more sensitive to dangerous gases than humans are. As long as the bird was singing, the miners knew they were safe but if the canary stopped singing/died, the miners knew to evacuate.

RTC, much like Charlottesville’s Downtown Mall, was a long time in coming mixed use economic success.  Founded in 1990 (the same year Charlottesville removed parking meters), RTC is a new urbanist walkable development is surrounded by parking decks for customer/resident parking.  The retail mix within both properties is similar in type (banks, clothing, hotel and restaurants) if not specific brands.  An important distinction between the Downtown Mall and RTC is that RTC is privately held by a single entity and does not require governmental approval or significant public process to change parking regulations on their private property.

Parking, which in most of Northern Virginia’s shopping districts is ‘free’ has become an issue in both Charlottesville and Reston.   

According to the Washington Post story:

Boston Properties, which took over full ownership of the town center in 2015, had planned for years to implement fees for garage and curb spaces. In 2011, when it was moving to acquire town center parcels, the company estimated that the parking fees would generate as much as $8 million per year. Officials now say the amount will probably be lower…Reston Parking Enforcement Phot Credit Pete Marovich Washington Post

… Im Sun “Sunny” Park, owner of Obi Sushi restaurant, said sales have dropped by about a third since January. As she spoke, she watched a Boston Properties parking enforcement officer outside the restaurant leave a citation on the windshield of a car parked on the street.

“I see them giving tickets all day,” Park said. “They are killing business.”

Charlottesville Tomorrow’s Sean Tubbs reports Charlottesville is moving forward with their test of metered parking:

A six-month test of parking meters around Charlottesville’s Downtown Mall could begin as early as August. Officials believe that if the project is successful, it will improve the chances of finding a parking spot near the mall.  “What we hope that it does is open up some of those spaces,” said Rick Siebert, hired last year as the city’s first parking manager. “What we’d like to do is have people drive down a block and actually see an open space.”…

The council also has authorized the establishment of an enterprise fund to support creation of the city parking department, which is overseen by Siebert. The department will be supported by revenue from parking garages, parking meters, fines and payments for permits required for special zones in the city.

It is interesting the different visions of free parking among those involved in the process.  One of the commenters to the Washington Post story (hockeymom1) wrote:

I live nearby and will not go to any of the retail or restaurants at Reston. Tysons, Mosaic and Dulles are free. Bethesda, which has less parking available and expensive land, charges quarter an hour! $2.00 an hour is insane! This article was good. I had not realized that once the developer had full control they wasted no time implementing fees! 

On the other hand, perhaps not surprisingly since his new department will be funded by such fees, Charlottesville Tomorrow quoted Charlottesville’s Parking Manager:

“When you make something free, people don’t value it,” Siebert said. “People look for those spaces and they tend to camp out in them. Everyone’s heard of the two-hour shuffle, where people drive around the block after two hours looking for another space, adding to traffic congestion.”

Perhaps Charlottesville can learn from Covington’s MainStrasse parking fiasco.  A popular neighborhood outside of Cincinnati, their innovative paid parking plan included solar powered parking kiosks. When launched in March 2016, the Covington City Website sounded very similar to Charlottesville’s current parking diagnosis:

“The goal with this plan is to alleviate existing issues and modernize parking on streets and in City-owned lots,” said City Engineer Mike Yeager. “The parking plan was created after working with the community to understand concerns about things like residents having a difficult time finding available on-street parking and businesses being affected by to the unrestricted parking times in front of their buildings.”

According to a January 17, 2017 article on Cincinnati.com the MainStrasse program fell swiftly on its face:

Under the parking program, the city charged for parking in MainStrasse for the first time in the history of the neighborhood. It also restricted many blocks to residential parking only.

But residents and businesses complained it made parking much more difficult. Parking kiosks didn’t work. Businesses lost customers. … The pay parking pushed cars into the residential areas not restricted by permits.

The city commission suspended the parking program indefinitely until the city can come up with a new parking plan.

The pay parking kiosks will be shuttered and the residential parking restrictions in MainStrasse lifted, Mayor Joe Meyer said.

canary in coal mine photo credit share.america.govWhile it is heartening to see Charlottesville position parking meters as a “pilot” and only a part of the parking solutions considered. 

Available parking is the life’s blood of most small businesses. 

The Free Enterprise Forum hopes the City Council will pay attention when the canary stops singing – local businesses (as well as the jobs and taxes they generate) will be at risk.

Only time will tell.

Respectfully Submitted,

Neil Williamson

Neil Williamson is the President of The Free Enterprise Forum, a privately funded public policy organization covering the City of Charlottesville as well as Albemarle, Greene, Fluvanna, Louisa and  Nelson County.

Photo Credits: Angela Woosley, Fairfax County Times, Pete Marovich, Washington Post, Share.America.gov

VDOT Panel’s Pocahontas Problem

By. Neil Williamson, President

This Sunday’s (3/12) Daily Progress Editorial discusses “Beginning Anew on Hydraulic” painting a rather optimistic picture of the regulatory and political process planned to design, secure funding and build improvements to the Hydraulic and US29 intersection.

But the Editorial forgot Pocahontas.

Please let me explain.

Regular readers are aware of the Free Enterprise Forum’s position opposing the Rio/US29 grade separated interchange.  Despite that opposition, we have been impressed with the manner the project was completed.  Now the Daily Progress editorial board is comparing the Rio intersection process with Hydraulic:

And the process through which the Rio project was completed did, in fact, contribute to its success. That process can be replicated, regardless of what kind of engineering design it eventually produces.

In fact, it is being replicated. The meeting last week of state and community leaders follows the pattern used in the Rio project: A panel of local elected officials, business owners and citizens is meeting regularly to discuss the Hydraulic venture, provide input and help guide decision-making. Their involvement is aimed at ensuring that local interests are represented in the state’s drive to speed traffic through a congested bottleneck.

disney pocaThis is where Pocahontas lesson comes in:

What I love most about rivers is you can’t step in the same river twice – The water’s always changing, always flowing

Just prior to the seating of the so called “29 Solutions” panel, there was significant state and federal dollars allocated and a contract awarded to a project (the western bypass) that had enjoyed (4-2) support from Albemarle’s Board of Supervisors and then Republican Governor Robert McDonnell. In November 2013 elections, the balance of power on the Albemarle County Board of Supervisors shifted left and Democratic Governor Terrance McAuliffe was elected.  Then in February 2014, the project was effectively prohibited by a letter from the Obama Administration’s Environmental Protection Agency.

Cvillepedia described the situation in the manner:

Aubrey Layne, Virginia’s Secretary of Transportation, convened a panel in the spring of 2014 to suggest alternatives for money that had been allocated by the Commonwealth Transportation Board.

With the project [Western Bypass] presumed dead, former VDOT commissioner Philip Shucet has recommended alternate uses for at least $200 million that had been allocated to the bypass. The alternatives include $54 million to extend Berkmar Drive across the South Fork Rivanna River, an additional $10 million to further extend Hillsdale Drive Extended to Holiday Lane in Charlottesville, and $81 million to build a grade-separated intersection at Rio Road and U.S. 29. The Commonwealth Transportation Board adopted a new six-year improvement program that included the projects at its meeting on June 18, 2014. [17] That meant the Western Bypass project was defunded. [5]

In addition, in a deft politically savvy move, McAuliffe required ALL the Route 29 “solutions” be completed by October 31, 2017 (coincidentally just prior to Election Day 2017).

The Pocahontas lesson that was not lost on Virginia Department of Transportation (VDOT) contract facilitator Philip Shucet.  In the first meeting of The Hydraulic Planning Advisory Panel last week, he highlighted that unlike the previous panel which was considering how to spend a pot of money already allocated to the district the project or projects would have to compete for limited transportation dollars via VDOT’s Smart Scale evaluation program in 2018.

Secretary Layne’s charge to the Hydraulic panel includes this concern as well as hinting at the potential political in fighting at an intersection that is 3/4 in the City of Charlottesville and 1/4 in Albemarle County:

Secretary of Transportation Aubrey Layne’s charge to the Panel:

To provide general advice and input to the City of Charlottesville, Albemarle County, VDOT and the Commonwealth Transportation Board regarding future land use and mobility improvements in the general area near the Hydraulic Road and Rt. 29 intersection.

The Secretary understands that land use decisions are in the hands of the localities, but also emphasizes that decisions to submit a future Smart Scale application for state-funded transportation improvements are also in the hands of the localities.

The multi jurisdictional work (land use, design and funding) of Hydraulic Road will be significantly more involved than the challenges at Rio Road.  While we agree that the process will be informed by the work of Rio, we are also reminded that Pocahontas quote is actually derivative of the ancient Greek philosopher Heraclitus:

No man ever steps in the same river twice, for it’s not the same river and he’s not the same man.

Not only is Hydraulic a very different intersection than Rio,the land use work ahead is different and the funding is nowhere near secure.

Yes the facilitator is the same, as are some of the panel members, but this multi-jurisdictional land use and transportation effort will be a VERY different process and the outcomes (and their timing) are far from certain.

Stay tuned.

Respectfully Submitted,

Neil Williamson, President

Neil Williamson is the President of The Free Enterprise Forum, a privately funded public policy organization covering the City of Charlottesville as well as Albemarle, Greene, Fluvanna, Louisa and  Nelson County.

Photo Credits: Disney

VDOT Updates Greene County Supervisors

By. Brent Wilson, Field Officer

Joel DeNunzio, the local Virginia Department of Transportation representative from the Culpeper District, updated http://gcva.granicus.com/MetaViewer.php?view_id=1&event_id=51&meta_id=1565 the Greene County Board of Supervisors at their second meeting of January.

Two transportation projects received funding from the VDOT’s new Smart Scale funding program.  The scoring program is relatively complex but is transparent.  According to VDOT:

Virginia’s SMART SCALE (§33.2-214.1) is about picking the right transportation projects for funding and ensuring the best use of limited tax dollars. It is the method of scoring planned projects included in VTrans that are funded by HB 1887. Transportation projects are scored based on an objective, outcome-based process that is transparent to the public and allows decision-makers to be held accountable to taxpayers. Once projects are scored and prioritized, the Commonwealth Transportation Board (CTB) has the best information possible to select the right projects for funding.

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US29/Route 33

The first Greene County Smart Scale project funded addresses the upgrade to the southeast corner of the Routes 29/33 intersection based on congestion mitigation, safety and economic development. DeNunzio explained that this project was submitted in the Fiscal Year 2017 and has been funded. VDOT is meeting with the contractor with a targeted completion date of December, 2020.

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Joel DeNunzio

The second project DeNunzio discussed was the paving of Route 630 / Beazley Road which is to be started by July of this year.

As for construction projects, the main concern is the intersection of Route 29 and Route 607 / Matthew Mill Road. This is one of the most congested intersections in Greene County and the work will begin this summer and should be completed by September, 2017 as it also included in the Smart Scale program in Fiscal Year 2017 and has been funded.

Another concern is the speed on Preddy Creek Road, especially on the curves. Under State law where there is no posted speed limit, by default the speed limit is 55 mph. Discussion centered on whether a speed limit of 35 mph should be posted on the curves and whether drivers would actually slow down. Over the last year the Greene County Sheriff has placed speed enforcement units on Preddy Creek Road.  What was unclear from the Board discussion was why there should be a concern to post a lower speed limit on dangerous curves

A comment from the public brought up the unpaved Ice House Road and DeNunzio agreed that it should be paved. County Administrator John Barkley indicated to Jessica and James Maupin that he would contact them when this issue would be discussed again.

Supervisor Jim Frydl (Midway) then asked DeNunzio if the mobile speed signs that he has seen in other counties could be used in Greene County. DeNunzio agreed that they may help in certain areas and he said that he would work with Sheriff Steve Smith to partner with them to acquire the signs for Greene’s use at a cost of about $5,000 each.

Supervisor Bill Martin (Stanardsville) again expressed his concern about materials left by VDOT and asked that the remaining materials at the northwest corner of the Route 33 Bypass and Swift Run Road be removed. DeNunzio has had the metals removed but committed to have the remaining materials removed.

The final issue discussed with DeNunzio was the possibility of the connector road that was designed in the Preddy Creek project on Route 29. When the project was designed it showed a connector road from Route 29 northbound going through to Matthew Mills Road.

Only a fraction of this project has been completed – the apartment complex. The proposed 1,100 homes and businesses have not been constructed. Chairman Michelle Flynn (Ruckersville) asked Planning Director Bart Svoboda if the connector road would have to be built if the project was completed. Svoboda indicated that the road would need to be built.

A further question from Flynn asked could funds from another project be redirected to provide this road. DeNunzio clarified that funds cannot be redirected to other projects but each project would have to re-apply for funds that specific project.

Brent Wilson is the Greene County Field Officer for the Free Enterprise Forum a privately funded public policy organization.  The Free Enterprise Forum Field Officer program is funded by a generous grant from the Charlottesville Area Association of REALTORS® (CAAR) and by readers like you.  To support this important work please donate online at www.freeenterpriseforum.org

The Wizard of Oz and the Rio/29 Small Area Plan

By. Neil Williamson, President

Adapted from comments made to the Albemarle County Board of Supervisors March 1, 2017

Scarecrow, tin man, lionOver the years, some have considered the Cowardly Lion, the Tin Woodsman and the Scarecrow in The Wizard of Oz to be less than perfect heroes – I beg to differ I find them to be the best kind of heroes – those that must work together to achieve a goal.

Today, (3/1) as the Board of Supervisors considers the innovative Form Based Code land use planning for Rio/29 small area plan I believe this unlikely trio could provide important guidance

Please let me explain.

The Form-Based Codes Institute (FBCI) defines form based code this way:

A form-based code is a land development regulation that fosters predictable built results and a high-quality public realm by using physical form (rather than separation of uses) as the organizing principle for the code. A form-based code is a regulation, not a mere guideline, adopted into city, town, or county law. A form-based code offers a powerful alternative to conventional zoning regulation.

Utilizing a state grant, Albemarle has completed Phase I of Rio/29 Small Area Plan. Stage II is much more difficult and may move in many directions.  According to the staff report:

Phase II, expected to begin in March 2017, will further address the following issues identified in Phase I:  Transportation challenges posed by increasing development & economic activity in the area. Further analyzing market factors affecting development potential, such as demographic change influences (for example, “aging up” millennials and baby boomers, and increasing income and purchasing power)

Incorporating Economic Development Strategic Plan influences into the area plan With a focus on developing the following:

  • Detailed design of node(s)
  • Transportation strategy for this vision
  • Form-based Code/zoning, infrastructure, and other implementation strategies needed to accomplish the vision

When Dorothy first stumbles on the Scarecrow (covered in crows), her mission lacks specificscarecrow-wizard-of-oz direction. In seeking her way, the Scarecrow provides contrarian advice

Dorothy: That’s funny. Wasn’t he pointing the other way?
Scarecrow: [points both ways] Of course, some people do go both ways.”

As the story goes the scarecrow joins Dorothy to assist on her quest to find the wizard and so he might be granted his wish for a brain.  Interestingly the Tin Man’s tin-mandesire for a heart is in direct contrast with the Scarecrow’s request for a brain; just as these two colorful fictional characters provide dramatic tension, similar tensions will be evident as Albemarle moves from a Euclidian (traditional use based) zoning process to Form-Based Code.

At last week’s Legal Aid Justice Center/NAACP sponsored workshop in Charlottesville, concerns regarding Form Based Codes taking away citizen’s right to oppose projects and promoting gentrification of neighborhoods were voiced by speakers and attendees.  The handout provided, written by Legal Aid Attorney Kim Rolla highlighted four problems identified with FBC:

Less Affordable Housing

Higher Property Values

Less Flexibility

Faster Development

As the last traveler to join the quartet, the Lion was expected to be brave and fierce, a leader but he seemed to lack the trappings of power. As one reads the novel, the lion exhibits bravery throughout the story – he just lacked confidence.

Just as the Wizard of Oz gave our unlikely trio gifts recognizing their skills, the Free Enterprise Forum is asking the Board of Supervisors today to give planners the confidence and direction to move boldly forward with Form Based Code in their “Transformational” small area planning.

We are asking the Supervisors to provide direction in two specific areas: Removing Architectural Review Board Jurisdiction and Protecting Existing Property Rights.

In reviewing the staff report on Phase II, it is clear that the Architectural Review Board will have representation on the stakeholder group. It is not clear if the eventual buildings that follow the painstakingly developed design guidelines in the form based code will also be required to submit to ARB review.

The Free Enterprise Forum believes the ARB should weigh in on the code as it is developed and then step away. No project under the FBC should be subject to ARB review. To submit a form based code application to additional ARB review would be counter to the goals of the form based code.

We believe the land uses proposed within the new Rio/29 district must be of equal or higher density than is currently permitted. Height restrictions must be carefully considered especially when attempting to create mixed use buildings. In addition, we ask Albemarle consider utilizing the Form-Based Code as an optional overlay. As FBCI reported Arlington County found in their 2003 FBC overlay worked well:

Virginia is a strong property-rights state, and the county avoided some legal and political issues by keeping the “by-right” zoning in place and overlaying the FBC as an option. Developers can choose to use either the conventional zoning or the form-based code for proposed projects, although effectively, few projects “pencil out” if the conventional code is used. As a result, since the FBC was adopted for the centers in 2003, it has fostered the construction of 10 mixed-use development projects, including more than 1,500 homes, more than 280,000 square feet of retail and office space, a new community center and a new public plaza. The transformation envisioned by the community is well underway.

“The fact that the code has continued to work well for Columbia Pike over more than a decade, even as the economy has gone through a major recession, shows that the vision was realistic and the FBC provided a sound framework for private reinvestment.” said [Mary]Madden.

The Free Enterprise Forum asks Albemarle Board of Supervisors today to boldly embrace this direction, establish the community endorsed form based code AND have the courage to both eliminate ARB review and make the FBC an optional overlay.

As logical as this tact seems it will not be easy.32735-cowardly_lion

As Dorothy told the Lion:

“Don’t you know the Wizard’s going to give you some courage?”

Cowardly Lion said “I’d be too scared to ask him for it.”

Rio/29 Form-Based Code will take courage, heart and firm direction from the Board of Supervisors.

Will you give such bold direction today?

Respectfully Submitted,

Neil Williamson

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Neil Williamson is the President of The Free Enterprise Forum, a privately funded public policy organization covering the City of Charlottesville as well as Albemarle, Greene, Fluvanna, Louisa and  Nelson County.

Photo Credits: MGM, Classicphotos.com, imgardcade.com, michaelcerio.com

March Madness–Albemarle’s Planning Philosophy

FORUM WATCH EDITORIAL

By. Neil Williamson, President

Oregon_St_Utah_Basketball.JPG_t1140Imagine you are a college basketball player and in the final tournament game, the officials change the rules – calling fouls that usually would be ignored and ignoring others that would usually be called.

In addition, the basket automatically changes height dependent on which player is shooting and from where. There was no change at the rules committee, there was no open discussion amongst coaches – those charged with making the decisions just changed how they judged things – this is Albemarle County planning philosophy today.

Please let me explain.

Albemarle, in big ways and small, is changing the way they look at property where the Rural Areas and Development Area boundaries meet. The Comprehensive Plan, which is only a guideline, calls for density up to the edge of the development area (see below) but recent actions see that philosophical pillar being eroded.

On the development area side, the Adelaide proposed subdivision  on the edge of the Crozet development area provides one example of eroding, or perhaps evolving, planning philosophy.

In the Crozet master plan the land was designated for “3-6 dwelling units an acre” – the Adelaide proposal came in at 5.5 units an acre. (editor’s note the Free Enterprise Forum does not take positions on specific projects only policy thus had no position on this or any other application).

In her defense of her vote in opposition, Supervisor Ann Mallek wrote to the Crozet Gazette:

I stand behind my vote to deny Adelaide to uphold important features of the Crozet master plan … .The primary reasons for my vote were stated in the resolution I read as part of my motion to deny. Three supervisors thought the density was acceptable at the high end of the range. Three thought the density should be at the low end of the range. A 3-3 tie results in denial of the application.

Additional reasons for my vote:

  • New density on the edge of the growth area, surrounded by forest and rural uses, should be at the low end of the range suggested in the comprehensive plan and master plan for Crozet. …
  • The highest density buildings were placed at the highway, further encroaching on the rural nature of the State Scenic byway. Emphasis added – nw

Regarding the rural side of the line, earlier this year during a discussion of Farm Winery, Brewery and Distillery events, Supervisor Diantha McKeel said:

We’re looking at, in my district, on Hydraulic Road, in the middle of the urban ring.. an event center [winery] essentially an event center surrounded by 25,000 homes. It is in the rural area but in the urban ring.  The folks that live in the area are very patient with music from Albemarle High School, they love the band on Friday night – but to have something that brings in this type of traffic and noise and impacts without some restrictions is unnerving and I get that it is a little unusual place.

To prevent having rural enterprises adjacent to the development areas Supervisor Rick Randolph suggested:

Perhaps none of the edges of the winery parcel can be outside of the rural area.

Albemarle County Attorney Greg Kamptner informed Randolph such a provision would be in violation of state law.

All of this discussion took place despite the explicit direction of Albemarle’s Comprehensive plan that calls for clear edges between development and rural areas.  Interestingly the very neighborhood McKeel discussed was called out in the plan

8.26 Albemarle Comprehensive Plan Clear Boundaries with the Rural Area

Strategy 2r: Promote use of Development Area land up to the boundary with the Rural Area. Do not require transitional areas between the Rural Area and Development Areas. Part of Albemarle’s beauty and attractiveness for residents and visitors is their ability to clearly see and appreciate the features of both the Rural Area and Development Areas. Discerning the boundary between the designated Rural Area and the Development Areas is important because it affects where and how new development should take place.. . .

Visual clues are also helpful in identifying the Development Areas-Rural Area interface. Land use on Rural Area Edgeboth sides of the boundary should be so distinct that residents and visitors know they are in the Development Areas or the Rural Area. Theses visual differences help to define expectations and appreciation for the different areas. Figure 20 clearly shows that the left side of Rio Road is in the Rural Area and the right side is in the Development Areas. . .

Transitions of large-lot subdivisions at the boundary are discouraged, as they are neither rural nor urban.They are too small for agricultural uses and muddy the edge. Emphasis added – nw

One easy solution would be to expand the development areas to encompass what McKeel calls the urban ring.  Dependent on the size of the expansion it could create, for a time, a buffer area of non conforming uses.

The larger core question revolves around the duality of two comprehensive plan land types, Development and Rural. A plurality of planners today see the world in a less binary reality.  The most popular planning philosophy of the day deals with the concept of “Transects” which is taken from the environmental sciences.

The Center for Applied Transect Studies (CATS) Explains transects this way:

To systemize the analysis and coding of traditional patterns, a prototypical American rural-to-urban transect has been divided into six Transect Zones, or T-zones, for application on zoning maps. Standards were written for the first transect-based codes, eventually to become the SmartCode, which was released in 2003 by Duany Plater-Zyberk & Company.

transect

 

A similar picture appears in Albemarle’s Comprehensive Plan.  Interesting question – where would you say the development area starts in the image above?  T-3?  T-4?

Based on recent actions, it is difficult to say where the Supervisors believe the Development areas begin and the rural areas end.

  • The question is how does this now shaky planning philosophy pillar impact the community vetted master plans and how does the rural area gain a voice in the discussion since by design they are outside of the master plan areas?
  • Should Albemarle consider abandoning its density dogma across the entire development area and seek to create a new comprehensive plan category?
  • A further question would be if Albemarle should consider proactively rezoning all the development areas land to make the community supported densities occur rather than the adversarial nature of the current rezoning process.

Once again we have more questions than answers, let March Madness begin.

Respectfully submitted,

 

Neil Williamson

Neil Williamson is the President of The Free Enterprise Forum, a privately funded public policy organization covering the City of Charlottesville as well as Albemarle, Greene, Fluvanna, Louisa and  Nelson County.

Photo Credits: Denver Post, Albemarle County, Center for Applied Transect Studies

Fluvanna BOS Approves Conservation Easement – Removes 331 Residential Units; Approves Two New Zion X-Roads Industrial Operations

By. Bryan Rothamel, Field Officer

Fluvanna County’s once unpopular Poplar Ridge residential subdivision proposal is now officially dead.

During a February 15 meeting, the Fluvanna Board of Supervisors voted unanimously to approve a conservation easement for the property.  Poplar Ridge was approved in August 2014 for 156 single family attached units and 175 single family detached units situated on the 232 acres. The property is just north of Palmyra, next to Camp Friendship. The conservation easement will severely restrict the usage of the property and that’s the goal of the owner. The owner receives tax benefits for conserving the land.

“The effect on this is to restrict land in perpetuity,” said the county’s attorney, Fred Payne.
Payne explained to the supervisors to change this conservation easement is very difficult because it requires action by the federal, state and local governments.  “In effect what you are doing is locking this property in the state it is now,” said Payne.  The easement restricts the lands usage so much, Payne estimated there wouldn’t be many usages available because the zoning restrictions are also in effect.
For example, the land is zoned R-3 which is for development of more village-like housing. The easement now restricts building or subdividing but allows hunting. The zoning doesn’t allow hunting.
Jack Hanssen, lawyer for the applicant, said, “[The applicant] reserved the right to donate this [land] for a public park.”

Supervisors also approved two rezoning requests in the Zion Crossroads area.

The first was for Wilson Ready-Mix Concrete plant, to be built just east of the Fluvanna Women’s Correctional Facility.  The concrete plant would have a retail area but would mainly be for creating and transporting concrete out.  Frank Gallo was the only person to speak during the public hearing. He spoke out against rezoning area in Zion Crossroads to industrial because the area should be a commercial area, especially because of the investment in water the county will be making in the coming years.

Gallo said, “If you build it, they will come. But the flip side of it is if you screw it up, they won’t.”

Tony O’Brien (Rivanna District) agreed with Gallo the county needs to keep in mind the investment in water would return higher dollar in commercial. “He raises an excellent point,” said O’Brien.

O’Brien did counter, “With the jail next door and certain industrial (land) nearby, this may fit in.”

Eager2016Cropped

Patricia Eager

Patricia Eager (Palmyra District) applauded an industrial company coming into the county. “I came from an industrial area,” said Eager. “We need good industries. We need concrete.”

The rezoning passed unanimously.

The supervisors also unanimously approved Foster Fuels’ rezoning request to industrial. The property is located in the Zion Crossroad Industrial Park and across from Red Rocker Candy. Foster Fuels application included a provision to have two 30,000 gallon propane Image result for foster fuelsfuel tanks on the property.  Currently Foster Fuels services propane to the area by filling delivery trucks at an Afton location. This new location will greatly help Foster Fuel service the area better.

Other action by the supervisors was appointing everyone who desired to be on the Broadband Access Taskforce. The supervisors couldn’t narrow down the applicants for the committee. The group will meet until October in an effort to improve Fluvanna’s broadband access in rural areas.

The Board of Supervisors also finalized plans to make the county more energy efficient. The money spent on the project is guaranteed to be offset by energy savings.

The next supervisors will next meet for a work session on February 22. The bulk of the time will be spent on agency updates. The meeting starts at 7 p.m. in the Morris Room.


https://freeenterpriseforum.files.wordpress.com/2015/10/bryan-rothamel.jpg?w=151&h=151The Free Enterprise Forum’s coverage of Fluvanna County is provided by a grant from the Charlottesville Area Association of REALTORS®and by the support of readers like you.

Bryan Rothamel covers Fluvanna County for the Free Enterprise Forum

Photo Credit: Fluvanna County, Foster Fuels

Greene Supervisors Approve Capital Improvement Plan

By. Brent Wilson, Field Officer

The Greene County Planning Commission had recommended approval of the county’s Capital Improvement Plan (CIP) to the Board of Supervisors back in December.   At the February 14th meeting the BOS held a public hearing to consider adopting the CIP.

Planning Director Bart Svoboda presented the CIP and, while it has taken time to get to this point, he stated that the CIP will provide a  good budgeting tool for the Supervisors. Two of the largest projects for the county are the water impoundment system  and the school expansion projects.

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The CIP process has been refined to delete the maintenance items and set a threshold for inclusion at buildings of $20,000 and $5,000 for equipment items. Svoboda continued that the CIP will help the Board be forward looking as the plan goes out five years at a time.

Commissioner Bill Martin (Stanardsville) hopes to make the document part of the budget process in the next budget period. Svoboda indicated that the county may not have enough funds to do all the projects in the plan so that prioritizing is critical. The next step to be done is a facilities assessment study to determine what needs to be done in what order. And then to sort based on safety and legal requirements as being the most important.

Supervisor Dale Herring (At-Large) agreed that the goal of the Board should be to conduct a facilities assessment and incorporate that into the CIP. Supervisor Jim Frydl (Midway) thanked Jay Willer (Chairman of the Greene County Planning Commission) and those that helped him to get the plan to this point. Frydl stated that “this is a positive step that needs to go further”.

Chairperson Michelle Flynn (Ruckersville) agreed that the Board needs to be forward looking and that the Capital Improvement Plan will help them do just that and will allow them to be proactive instead of reactive. The CIP was unanimously approved by the Board of Supervisors.

Unfortunately the delay of the approval of the CIP until after the budget data has been received back from the county’s departments has made the current Capital Improvement Plan useless for the budget cycle that is currently underway.

The CIP needs to lead the process so that it can be used to guide the Supervisors to include or exclude projects in the new budget cycle and incorporate the cost of the projects in their budget. Hopefully the Board of Supervisors will start the cycle of the next CIP before the 2019 budget process begins. Otherwise it is just a wish list on a spreadsheet.

Brent Wilson is the Greene County Field Officer for the Free Enterprise Forum a privately funded public policy organization.  The Free Enterprise Forum Field Officer program is funded by a generous grant from the Charlottesville Area Association of REALTORS® (CAAR) and by readers like you.  To support this important work please donate online at www.freeenterpriseforum.org

Fixing Charlottesville NDS Engine Light

By Neil Williamson, President

car-check-engine-lightIf you have ever driven with a “Check Engine” light illuminated, you have an idea of where Charlottesville’s Neighborhood Development Services (NDS) Department has been for some time.

Everyone (land owners, neighborhood associations, developers, etc.) agrees that something is seriously wrong but no one knows specifically what it is or, perhaps more importantly, how to fix it – until now.

In 2016, the City of Charlottesville contracted the Novak Consulting Group to conduct an organizational efficiency study.  Their 152 page report reflects significant engagement by this consultant with not only City staff but also the various departmental “customers”.  For NDS that interaction included members of the development community as represented by the Charlottesville Area Development Roundtable (CADRe).  This type of 360 degree review is to be commended.

The report identifies structural issues with NDS and attempts to quantify the workload of the 37.5 Full Time Employees.  The report highlights five recommendations (number 26-30 of the report) to improve the NDS department.  Three of these recommendations are rather perfunctory, new software, workload tracking and fee schedule review but two of the recommendations stand out as bold and, perhaps, game-changing.  Unfortunately, in reviewing the staff responses to the recommendations (see below), the Free Enterprise Forum is not convinced the culture of NDS will change without significant outside influence.

 

RECOMMENDATION 27: Designate an Assistant City Manager as the owner of the City’s development review process and Chair of the Pre Development Meeting.

Currently all development related applications are processed and managed by staff within NDS.  Front desk staff perform intake, and then an application is assigned to appropriate Planning staff. The Planner assigned to the case reviews the application and sends hard copies of the plans to the appropriate department – such as Public Works, Parks – for comment. All comments are then sent back to the Planner who compiles them and provides them to the
applicant. Then it is the responsibility of the applicant to address all comments.
Unfortunately, this process does not provide an opportunity to resolve issues among comments.

When there is disagreement or conflict between comments, the applicant is often put in the position of mediating the resolution between departments or disciplines. The development review process in Charlottesville needs a designated owner. The owner needs to be in a position of authority in order to provide clear and consistent direction to all
development review staff, regardless of their department. This position should also be the face of the process to the development community. It is recommended that an Assistant City Manager serve in this role. [emphasis added – nw]

Staff response:

Staff agrees that a comprehensive review of the development process is necessary. Staff agrees that a consistent process that ensures responses to applicants that have been reached through a cooperative inter-departmental process is absolutely critical. Staff would like to further explore the efficacy of the model suggested and the connection to the City Manager’s office.

On the face of this recommendation it is clear that NDS lacks appropriate leadership.  This recommendation is not about personalities but about the need for a titular head that has the authority to get things done.  Reading between the lines of the somewhat tepid staff response suggests they acknowledge the lack of leadership issue but are not yet sure how such a reorganization might impact the functions (and individuals) in NDS.

 

RECOMMENDATION 26: Engage the development community in a process to identify development review reforms.

As noted, NDS under its current Director has made concerted efforts to engage more directly with neighborhoods as well as the development community (process improvements, community outreach efforts, communication efforts). Through some of these efforts a group known as the Charlottesville Area Development Roundtable (CADRE) was formed. CADRE is comprised of
over 120 development community stakeholders (such as land owners, architects, engineers, builders, developers) with interest in the Charlottesville community. The group was formed in large part due to a common sense of frustration about the City’s development approval process.

To learn more about these issues, The Novak Consulting Group met with CADRE’s steering committee. The group discussed a series of key issues that they are working to address with the City generally, and NDS specifically:
• Disconnect between Council, Planning Commission, and Staff regarding vision and administration
• Need for strategic planning and urban design
• Poor interdepartmental communication and coordination
• Lack of decision-making authority among staff

It is evident by the stakeholder feedback as well as staff interviews, that the current relationship with the development community is strained. In order to improve the relationship and most importantly identify needed reforms in the development process, it is recommended that the City and the development community engage in an improvement exercise.

The staff response:

NDS initiated this recommendation in February 2016. As a matter of fact, the development community has folded the Developers Roundtable Forum started by NDS into a formal countywide interest organization. NDS Director meets with the organization from time to time. The idea is to discuss mutual ways of addressing improvement to the review process. The development review process will always be a work in process. The developer’s roundtable can be utilized to provide feedback and suggestions.

Amazingly, the staff response honestly believes the creation of CADRe was a part of their outreach to the community.  I attended the February 2016 NDS developer meeting – there were specific questions about the feedback loop.  At the end of the meeting, staff suggested it was a great meeting and the  group should get together again in another year.  A meeting once a year is not engagement – it is a checklist item.

Yes CADRe is a result of NDS — it was the absolute failure of NDS to effectively communicate with the development community resulted in CADRe’s creation.  Engagement is important.  The Free Enterprise Forum strongly encourages the NDS Director to be present at all CADRe meetings not just “from time to time”.

Charlottesville should be saluted for closely examining their organizational efficiency.   In many ways now, the city has a diagnosis of what is wrong.

The question now is if anyone (City Council? City Manager? Citizens? CADRe?) will actually advocate for the fix of the NDS problem or simply ignore the engine light until it is too late.

Stay tuned.

Neil Williamson

Neil Williamson is the President of The Free Enterprise Forum, a privately funded public policy organization covering the City of Charlottesville as well as Albemarle, Greene, Fluvanna, Louisa and  Nelson County.

Photo Credits: Carpower.com