Monthly Archives: September, 2017

Preddy Gables Seek Proffer Amendment from GC PC

By. Brent Wilson, Field Officer

Preddy Gables, LLC came before the Greene County Planning Commission at their September meeting (9/20/17) to file a rezoning application to amend the proffers approved on July 13, 2004 (RZ#04-152). The goal of the proffer amendment is to remove the proffer regarding tying the number of apartments to be developed to the development of retail space.

Currently the property located on Terrace Greene Drive / Seminole Trail, due to the ratio in the existing proffer, can only develop 276 units of which there currently are 260 units in existence. Under the new proffer, the total number of units would remain unchanged but the development of those units would no longer be tied to the construction of additional commercial space.  In addition, the proffer amendment increases the amenities and restricts the size of units in the last phase to be no larger than two bedroom. units.

This would be the last phase of the development and was displayed to develop the property that is lower in elevation and closer to Route 29.

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Terrace Greene Apartments- Phase II

Zoning Administrator Bart Svoboda presented the project to the Planning Commission (less Chairman Jay Willer who was absent from the meeting). Svoboda indicated that there were no concerns from any of the agencies reporting and that all of the infrastructure was done originally to accommodate the full development.

Chris Gordon, a representative of the management firm working of the project, reviewed a conceptual rendering of the project. It showed the new section would be below the existing section and he also indicated that the existing structures are fully occupied.

Gordon continued on to explain that the new structure would have several different features – parking would be underneath the structure rather than surface parking, this would require elevators to be used rather than staircases. While not specifically built for older populations, it would be more convenient and easier to access the units in the new structure.

In addition a new pool, work out room and – something that existing renters have requested – a dog run to allow tenants to let their dogs “off-leash” to exercise are all part of the proposal. Gordon stated that the developer has not contacted adjoining landowners yet, as they wanted the feedback from the Planning Commission before taking their idea to the “neighbors”.

As a public hearing, the meeting was opened to the public and there was no one to comment.

In conjunction with this public hearing there was a second public hearing to address revising the height limit in Residential District (R-2) in Article 6 from 40 feet to 50 feet.

County Zoning Ordinance – Article 6, Residential District, R-2, 6-7 HEIGHT REGULATIONS Buildings may be erected up to forty (40) feet in height

This change would allow the new structure to raise up the 42 feet planned (2 feet in excess of the current height allowed).

The height discussion among the commissioners was mixed. While the feeling was that this particular project would use this higher limit to benefit a hillside, however other future projects may not have this topography and therefore it would actually rise 50 feet up from the sight line.

The Planning Commission approved the request to amend the proffers 5-0 and approved the change to the Residential District height by a vote of 4-1 with Commissioner Frank Morris voting against the change in height.

Based on the change in State law, the commissioners completely ignored the issue of the original proffer ratio of residential vs. commercial property. They did not ask the developer about any future plans for commercial development. The law, known as Senate Bill 549, was signed by Governor McAuliffe in March, 2016.  It restricts both the subject matter and manner in which localities may accept proffers in residential zoning actions.

Instead, the commissioners discussed the existing units being “sold out” and that this would bring more additional housing to Greene County. By itself that is good, but that opens the question of the increased  demand of infrastructure on the county, especially schools.

In their letter supporting the rezoning the applicant provided evidence of limited impact on schools:

The existing apartment units at Terrace Greene are home to school teachers, policemen and countless other residents who contribute to the local community. Terrace Greene’s 260 apartments currently have only twenty (20) children residing there, and developing the last 90 units within an elevator building having no three-bedroom units is less likely to appeal to families with small children than the existing 90-unit plan being amended–meaning that these amended proffers are likely to reduce school impacts.  Given that, the economic development and other benefits, this new concept for the final project phase will, like the existing units at Terrace Greene, have a net positive impact–fiscally and more generally –for Greene County.

Balancing the need for housing in Greene and the cost of providing government service to the new housing is an important consideration; as is protecting property rights.

Interestingly, many potential business expansions use the number of “rooftops” in determining the viability of new locations.  One need only look to the recently released Sales Tax data from the Charlottesville Regional Chamber of Commerce to see how the commercial landscape of  Greene County has changed.   In 2006, the total sales tax revenue was $867,433. In 2017 (January-June) the amount was $934,396 in just six months.

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

Photo Credit: http://terracegreene.com/photos.html

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Charlottesville Resolution: Ignore Public Comments

By. Neil Williamson, President

Woody-Allen Photo Credit Evening Standard.Getty ImagesWoody Allen once said “Eighty Percent of Success is showing up”  Charlottesville Chief Deputy City Attorney Lisa Robertson is taking it one step further to 100 percent and on time or your voice does not matter.

Please let me explain.

On tomorrow night’s (9/12/17) Charlottesville Planning Commission Consent Agenda is a resolution to amend the zoning code [Page 145 of 266 page agenda download]. 

This resolution contains the most anti engagement language I have ever seen in my thirteen years of public policy work; the resolution directs staff to ignore public comments received after the middle of June:

Amendments set forth within the “Legal Audit” draft dated February 28, 2017 (other than those referenced in (1)-(6), above) as to which no objections were received from the public as of 5/24/2017; for these text amendments, the proposed ordinance shall incorporate items noted in the “Questions and Corrections” document updated through 6/13/2017

In the last three Planning Commission work sessions on this issue, there have been less that ten citizens in attendance.  The Free Enterprise Forum has provided input after the May 24th date.  Why should our comments on July 25th or anyone else’s be ignored by staff?  Was that meeting not a work session on the zoning code amendment?

Equally troubling is the roundabout manner in which the staff seems to want the discussion of building height to go away.  Even as the City’s own PLACE Design Task Force is scheduled to discuss and possibly vote on a preferred solution this Thursday.  This resolution, if passed on Tuesday, would likely circumvent some of the discussion by proactively eliminating code language:

Deletion of the following words from the definition of “building height” set forth within sec. 34-1200 of Article X (Definitions): “This distance is calculated by measuring separately the average height of each building wall, then averaging them together.” Also: delete the diagram included in 34-1200 as part of the definition of “building height.”

The charge of the PLACE Design Task Force:

To guide the community in making decisions about place making, livability, and community engagement.  Act as an advisory body to the Planning Commission and City Council in matters pertaining to urban design and place making.

Yet Charlottesville’s legal staff feels empowered to push forward this amendment before the design professionals have an opportunity to formally weigh in on its impacts.

Make no mistake, staff is embolden to keep this moving forward on their terms but the Planning Commission does not have to accept the language in the proposed resolution. 

A courageous Planning Commissioner could, and SHOULD, step up and suggest that the item be removed from the consent agenda and the language be revised by the commission.

But will anyone step up?

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 Credit: Evening Standard/Getty images

Frederick Fleet and Charlottesville’s Form Based Code Charrette

FORUM WATCH EDITORIAL

By. Neil Williamson, President

Frederick Fleet photo credit 123peopleI fear we may be at a Frederick Fleet moment with next week’s impending Charlottesville’s Form Based Code Charrette.

Please let me explain.

The technological marvel super ship the Titanic had its maiden voyage delayed by several months due to shipyard repairs to her sister ship.  The voyage was postponed until April 1912.  Four days into the journey, lookout Frederick Fleet spotted an iceberg immediately ahead of Titanic and alerted the bridge.  The First Officer ordered the ship to be steered around the obstacle and the engines to be stopped, but it was too late.

It has been suggested if the Titanic sailed on its original schedule, it never would have encountered the iceberg.

Next week, Charlottesville (and their consultant team) are embarking on a design charrette process that, may have a similar timing issue and may be destined for a Titanic style conclusion.

The Charrette process is an intense design exercise; the word is derived from the French word for “little cart” and refers to the intense work of architects before a deadline.

Charlottesville’s consultant firm DPZ website explains the charrette process:

In a one- to two-week work session, the charrette assembles key decision-makers to collaborate with the DPZ team in information sharing, iterative design proposals, feedback and revisions, organizing a complex project quickly. Professionals and stakeholders identify options that are rapidly prototyped and judged, enabling informed decisions and saving months of sequential coordination.

For projects requiring public participation, the charrette is effective in managing a large audience, encouraging input and producing valuable political and market feedback. The dynamic and inclusive process, with frequent presentations, is a fast method of identifying and overcoming obstacles. The shared experience helps vest interest in the design and build support for the vision. A number of DPZ charrettes have concluded with a final presentation during a city council voting to approve the plan!

In my limited experience, charrettes are fast paced, deadline driven and can feel a touch rushed even with the buy in from all stakeholders.  That hardly describes the current Charlottesville environment.

In recent months, even prior to the August 12th events, Charlottesville’s efforts to create a Form Based Code for the Strategic Investment Area (SIA) has been met with significant community concerns regarding gentrification and affordable housing.  In a meeting last week, one resident said,

You can’t ask a room full of white people to make zoning changes in low income neighborhoods

In an April affordable housing community meeting at Mt. Zion First African American Baptist Church, an attendee raised concerns about the SIA plan and the plan’s lack of commitment to the existing community.  One resident stated,

The City Council has knives in all the Charlottesville citizens back.

In last week’s meeting, a leader in the affordable housing community questioned whether the SIA plan was a valid starting point and questioned the City position that it was developed with significant community input.  He also questioned the “power structure” within the charrette process as well as the ability of residents to attend meetings held during the day.

Into this tense environment, a team of Form Based Code experts and consultants are arriving in town on Monday.  Tasked with producing a community supported set of Form Based Code concepts in a week’s time, the consultant Form Based Code Institute will be operating in an “open door” studio in the IX Art Park Event Space (522 2nd St SE).

Specific meetings are scheduled throughout the week

Specific Focus Groups:

Zoning—Mon. September 11 4:00 pm

Housing—Tues. September 12 10:00 am

Property Owners—Tues. September 12, 1:30 pm

Public Works—Wed. September 13, 11:30 am

Planning Commission—Wed. September 13,  4:00 pm

Presentations:

Opening Presentation—Tues, September 12 6:00 pm

Final Presentation—Thurs. September 14 @ 6:00 pm

Beyond definitions of Form Based Codes, two affordable housing concepts were discussed at last week’s meeting: additional height in exchange for affordable housing units or expedited development proposal review for reaching a certain percentage of affordable housing.  One resident suggested that form based code’s goal is to make review process easier.  The consultant replied, we would never make the approval process so easy that it could not be expedited.

Another idea to reduce the cost of building in the SIA was to reduce parking requirements by providing city owned structured parking in support of residential uses.  Considering structured parking is mandated in the SIA, this might be a concept that could save upwards of $20,000 a unit.

The reality is Charlottesville needs more housing, across all price points. We continue to believe one of the key hurdles to creating more housing (affordable and otherwise) is the oppressive regulatory environment; we believe a well crafted Form Based Code coupled with public investment and financial incentives could jump start development in the SIA.

While the Free Enterprise Forum believes that Form Based Code has great potential to provide predictability of outcomes and allow some use flexibility, we are very concerned that the years of work that has brought the project this far may be thwarted due to the current political environment.

To that end I am reminded of a comment from another resident in the April Mt. Zion meeting,

You’re going to come here from somewhere else, and tell us what to do

Anything that comes out of the charrette process will still need to go through the Planning Commission and City Council approval process.

Considering the current climate, I am reminded of Titanic crewman (and survivor) Frederick Fleet who was on duty when he saw a black mass ahead of the ship. He struck three bells and telephoned the bridge. Though the ship swung out of the way, he watched as an iceberg scraped the starboard side.

The Free Enterprise Forum is ringing the bell.

We fear this ill timed, but worthy, Form Based Charrette exercise will be met with a similar fate.

It is a shame.

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.