By. Neil Williamson, President
After a January 2018 determination found that 1/3 of Albemarle’s Entrance Corridors are illegal, the Board of Supervisors has yet to act on a resolution of intent to fix this issue.
In this vacuum, Albemarle County’s Planning Commission decided they don’t need no stinking Architectural Review Board – they can mission creep far beyond their state mandated advisory role and institute architectural demands on projects regardless of their location.
Please let me explain.
First it is important to note, the Free Enterprise Forum does not take positions on specific projects. The examples below are used to show a broken process, we do not have an opinion regarding the applications’ individual merit.
During the Architectural Review Board review of a project (SP-2017-00016) in the Scottsville District on Avon Street Extended, it was determined that Avon Street Extended is not an arterial roadway (a requirement for an Entrance Corridor designation). The applicant went through the initial review without this knowledge and after the determination was made, the planning commission was briefed. Based on the applicant’s testimony at the Planning Commission, it was clear they were never told that they were not under the ARB regulations. Only late in the public hearing did the Deputy County Attorney mention that the applicant would not need to go back to the ARB for a final review.
Instead, the mission creeping Planning Commission seeking to achieve ARB-type control created a new class of conditions to codify the architecture as a part of a special use permit for a body shop.
b. Additional fenestration or architectural features shall be added along the “02 Left Elevation (South)” façade to provide a pedestrian orientation to the satisfaction of the Director of Planning or his/her designee. Priority should be given to providing additional fenestration or a combination of wall plantings, architectural features and fenestration along this particular elevation. [emphasis in original – nw]
Conditions in a Special Use Permit generally mitigate negative impacts on adjoining property owners, taking this to mean architectural elements is a LARGE LEAP beyond normal review.
The following week, the Planning Commission considered a Special Use Permit application for a new church on Rio Road East (SP201700010). Rio Road East has never been established as an entrance corridor; it is mentioned as a corridor for possible entrance corridor consideration in the Comprehensive Plan (Page 5.20).
Strategy 8f: Consider additional EC designations as appropriate, or as road classifications change, for roads such as the John Warner Parkway, Route 614 (Sugar Hollow Road), Route 692/712 (Plank Road), and Route 810 (Brown’s Gap Turnpike).
It is important to note there has been no resolution of intent or any other forward motion on making the John Warner Parkway an Entrance Corridor beyond the notation above in the 2015 guiding planning document.
That mere mention is enough for this activist Planning Commission to mission creep into mandating architectural features as a function of the Special Use Permit process. In this case now they have precedent, based on the SUP they railroaded the week before (Example #1). Honestly, the applicant never knew what hit him.
The Free Enterprise Forum is very concerned that the mission creeping Planning Commission is unchecked in its power grab beyond state code. As an advisory body, nothing becomes final until accepted by the Board of Supervisors.
When the Board of Supervisors considers these applications later this year, will any Supervisor (or County Counsel) raise the red flag regarding these architectural demands absent a significant community benefit OR a strong legal nexus?
I know which way I am betting.
Neil Williamson, President
Photo Credit: Bartblog.bartcop.com