Author Archive: neilswilliamson

Authentic Charlottesville Optimism?

By. Neil Williamson, President

Yesterday (1/18) afternoon I (and 3 others) spent four hours watching Charlottesville City Council work through issues related to public engagement [the meeting continued into today].  Expertly facilitated by Allison Linney of Allison Partners, the afternoon discussion was authentic, reflective, emotional, and remarkably raw.  In the end, this government skeptic saw rays of optimism from this contentious conversation.

Please let me explain.

Anytime there is a change in any board or commission, there is a shift in the organizational dynamic.  In the case of Charlottesville City Council, they not only changed two councilors, they also changed the group’s leadership electing the two new members to be Mayor and Vice Mayor (mainly defined as meeting roles).

The five member Council met along with City Senior Staff Leadership at historic Morven Farm in Albemarle County.  Beyond the opportunity to restructure the timing and location of meetings, the topic of “Public Engagement” dominated the afternoon.

Councilor Mike Signer was brutally honest in his assessment of how he (and the previous Council) attempted to enforce the February 2016 Council Meeting Procedures.  He outlined the rationale that generated the rules in the first place and indicated he found enforcing the rules to be difficult.

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Heather Hill

Councilor Wes Bellamy spoke passionately about Council wanting to have people come to the meetings and then when they do come and they don’t speak a  certain way or act a certain way we don’t like it.  He indicated that in the coming year they will be dealing with difficult issues.  He said there are racial undertones in the ‘civility’ campaign and the proponents are really looking to squelch voices that make people uncomfortable.  He also indicated that when you tell folks how to act you come off as being better than them.

Equally passionate was Vice Mayor Heather Hill who wanted to discuss the toxic environment that has been created at Council meetings that is resulting in people not willing to attend the meetings.  In addition, she mentioned a desire for councilors to come to each others defense when they are being verbally attacked.

Bellamy suggested that the public reactions to council are an expression of years of citizen frustration with the City and that the City needs to change.

Councilor Kathy Galvin took exception to the idea that a raucous City meeting was a good thing.  She was forcefully adamant in  her opinion that all people should have the opportunity to speak and be heard and if the audience is booing when a speaker (whether it is a councilor or a member of the public) it is a violation of the First Amendment.

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Nikuyah Walker

Newly elected Mayor Nikuyah Walker framed the discussions differently.  She indicated the issue was ‘Public Engagement’ and asked poignantly which is more important public or our engagement.  She wanted the focus to be more on what the public wants to say and less on how council responds.

Reading back over my meeting notes it is hard to say why the conversation left me optimistic.  I anticipate my optimism is rooted in the fact that it is very clear this very different City Council is going to do things differently.  I believe the raw, authentic dialog that I witnessed between Councilors is far better than ignoring deep interpersonal issues and philosophical differences.  In the end, I think the meeting changes discussed likely will increase public interaction. The fact that they are committed to revisiting this decision in sixty to ninety days is equally refreshing.

Yes, this is a different Council with different meeting rules.  It is way too early to say if the proposed changes will make for better meetings; but this cynical observer sees value in Council’s diverse philosophical positions, their passion, and their willingness to challenge established norms.

Only time will tell if this optimism is well founded.  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: City of Charlottesville

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Greene PC Recommends Rezoning To Fix Split Zoning

By Brent Wilson, Field Officer

A “Split Zone” sounds like a complex defensive pass coverage for one of the upcoming NFL playoff games but in zoning parlance split zoning is when a single parcel has two different zoning designations.

Thomas Morris owns such a parcel that is currently split 5.14 acres R-1, residential, 3.47 acres A-1 Agricultural.  Morris came to the January 17, 2018 meeting of the Greene County  Planning Commission requesting all of his parcel be rezoned to A-1, agriculture.  This change would allow subdivision of the parcel and permit mobile homes.

The parcel requesting the rezone is in the western end of Greene County on Snow Hill Road off of Bacon Hollow Road (Tax Map 46-(A)-43B). The reason for the request is to be able to rent two additional mobile homes in addition to the current two units onto the 8 acre parcel.  Mobile homes are not a permitted dwelling unit in the current R-1 zoning.   Although, Morris plans on only adding one additional mobile home at this point he wants to have the ability to rent two.

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Stephanie Golon

Planner Stephanie Golon presented the request to the Planning Commission explaining that the rezone will allow Morris to place one mobile per two acres and that the A-1 zoning in this location is in synch with the Comprehensive Plan.

Commissioner John McCloskey commented that the property was originally zoned R-1 many years ago but there has been no development and therefore rezoning to A-1 doesn’t reduce the density of the parcel.

Chairman Jay Willer commented that the zoning can be changed in the future if needed. At that point the motion to recommend approval to the Board of Supervisors was passed 4-0, since Commissioner William Sounder was absent from the meeting. The January meeting was also Commissioner Ron Willams first Planning Commission meeting.

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 http://www.freeenterpriseforum.org

Who Answers Greene County 911?

By. Brent Wilson Field Officer

Greene County’s first 2018 Board of Supervisors “organizational” meeting included mundane, but important items such as a review of the calendar, committee assignments, review of bylaws etc. — until the Matters from the Public agenda item cam up.

Two speakers addressed the Supervisors about the reassignment of the E911 system from the Sheriff’s Office to County control. The first person to speak was Greene County Sheriff Steve Smith who provided his version of events that occurred in December to take the operation of the E911 system away from his department.

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Sheriff Steve Smith

Smith said that on the afternoon of Tuesday, December 19th – right before the Christmas holiday – he received an email from Greene County Administrator John Barkley stating that the E911 department was being reassigned and responsibility taken away from the Sheriff’s Office and transferred to the Emergency Service Department headed by Melissa McDaniel.  Smith reported this was done with no advance notice to the Sheriff’s office.

This action prompted an agreement be signed on Wednesday, December 20th be given to allow dispatchers (who no longer report to the Sheriff) to work in the Sheriff’s office. After this approval was attained, Smith contacted Barkley to ask who had approved this change and he was told that the Board of Supervisors initiated the change. Smith then contacted a supervisor and was told that this was initiated by Barkley. Up until this time Smith said he had been told by the Board of Supervisors that the E911 function wouldn’t be separated from the Sheriff’s duties.

Smith concluded by requesting E911 responsibility be returned to the Sheriff’s control.

The second speaker from the public, Bob Young, also addressed the E911 function. His concern was related to the change is assignment being done in closed session of the Board. He indicated that he felt that the public deserves to know why the change was made and asked that each supervisor indicate their comments and decision in public session.

As a practice, the Greene County Board of Supervisors only receives matters from the public at each meeting and does not make any comment related to those comments at the same meeting.

In a related item later in the meeting under “Information issues”, the Supervisors heard from County Attorney Ray Clarke who reviewed the scope of what can and cannot be discussed in executive session.

For now, the Supervisors have shifted the responsibility from the Sheriff to the Emergency Services department for handling E911 calls and determining what department should respond to the call – Sheriff, fire, or rescue.

Most citizens of Greene County want to be safe, have a responsive fire department and a rescue squad that gets them to the hospital in an emergency and that the E911 system is run efficiently and at a reasonable cost. And they probably don’t care who supervises that process, just make it happen.

The current Emergency Operations Plan posted on the county website on page 169 lists first the Director of Emergency Services. http://www.greenecountyva.gov/forms/documents/emergency-services/1205-public-copy-county-of-greene-eop-all-hazards-2/file

This is just the latest of conflicts between the elected Sheriff and the elected Board of Supervisors; some ending up in court. Much like the School Board, the Sheriff’s office is designed to operate outside of the Board of Supervisors.  The relationship, and the relationship with all constitutional officers, is one that needs to be managed well by all involved.

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 http://www.freeenterpriseforum.org

Parking Is Driving Charlottesville’s Future

By. Neil Williamson, President

See the source image

Georgia Tech Hotel & Conference Center

Prediction: In 2056, Charlottesville’s Market Street Garage and City Hall Complex will be razed to make way for a new Hotel and Conference Center.

There are two distinctly different paths to this prediction, economic dislocation/collapse [think Detroit 2013] or a capstone of a visionary community investment program – interestingly, parking will be a leading indicator on the City’s direction.

Please let me explain.

The City’s recent decision to abandon their parking meter “pilot program” makes good sense in the short term but the long term issues surrounding parking are significantly larger than a few on street meters.  Currently, the existing garages are effectively full, with greater than 350 potential parkers on waiting lists for the opportunity to buy a monthly parking pass.

Commercial development activity continues in downtown with four prominent parking demanding projects currently in the pipeline. Conservative estimates place the new parking deficit [parking demand less parking provided] created by these developments to be 844 spaces [(386) Charlottesville Technology Center, (213) West 2nd Street, (160) Dewberry Hotel, (85) Vault Virginia].

If there is a future parking deficit exceeding 800 spaces based on projected demand, what would be the cost of building a parking deck to meet that need? It is widely accepted that structured parking costs roughly $25,000 a space to build (absent land costs). Thus, just the construction cost for an 850-space garage would be $21.25 million (absent land costs).

Last week, I had an over simplistic epiphany regarding the future of transportation. With the advent of self-driving cars (which will be a reality sooner than we realize), “park and ride” parking lots will be replaced by more efficient and less land demanding “ride and park” lots surrounding more walkable business and commercial districts. The car will drop you at your destinatSee the source imageion and drive to a nearby, but not too close, parking area.

This no longer science fiction and will completely rework the highest and best use of the land within the business district and increase the value of parcels currently too distant to serve as parking alternatives.

The average life of a parking deck is 50 years; with this pending innovation of self driving cars, the need for close in parking is reduced so how should Charlottesville deal with the next 33 years of market parking demand exceeding supply. The easy answer is build more parking but make the building flexible for reuse.

Progressive parking experts are now contemplating designing parking buildings with the clear vision of conversion to mixed use buildings later in their useful lifetime. By designing parking decks with higher ceilings, roughed in plumbing mains and central elevators (rather than on the corners). The infrastructure investment is higher than building a standard deck but it serves as insurance that the investment is not lost as demand shifts from parking storage to office/residential space.

If we accept that there is a parking deficit (for the next 30 years), what should be the role of the City in remedying this situation?

Option 1 – Charlottesville City Council could choose to do nothing.  Parking availability could go from bad to worse as downtown employees and customers are forced into mass transit (if available) or parking further from employment centers.

Option 2 – The City could build a lot on the recently acquired Guadalajara/Lucky 7 lot.  Based on the current political reality, I fail to see Charlottesville City Council showing the leadership vision necessary to spend $21+ million to address this clear and present danger to downtown economic vitality.

Option 3 – Charlottesville could enter into a Public Private Partnership (3P or PPP) on the Guadalajara/Lucky 7 lot.  The PPP Knowledge Lab defines Public Private Partnerships as:

a long-term contract between a private party and a government entity, for providing a public asset or service, in which the private party bears significant risk and management responsibility, and remuneration is linked to performance. PPPs typically do not include service contracts or turnkey construction contracts, which are categorized as public procurement projects, or the privatization of utilities where there is a limited ongoing role for the public sector.

The PPP option would require a challenging, lengthy process (likely 3+ years) to seek and identify appropriate partners, develop mutually beneficial agreements including financing options all prior to construction.

Back to our prediction:

If the Charlottesville selects the ostrich method of Option 1, the downward economic spiral that was exacerbated by the events of August 12th will continue.  Enterprises see the City failing to address the paring infrastructure issue and flee the City to locations in Albemarle County (Shops at Stonefield, Fifth Street Station, Reimagined Albemarle Square, Peter Jefferson Place, etc.) or elsewhere with ample free parking. This exodus would significantly reduce Charlottesville’s vitality, as well as its real estate and sales tax revenue.

The loss of revenue creates a reduction in City provided services; resulting in a citizen revolt and resignation of City staff and City Council.  After a special election, a new City Manager is hired and recommends (and council agrees) to sell off the City’s real estate assets (City Hall and Market Street Parking Garage) to raise much needed revenue.  The buyer gets the property for a song, demolishes the existing structures and builds a 15 story hotel and conference center (with parking deck).

or, in an alternative reality

https://i0.wp.com/www.savannah.com/wp-content/uploads/Aloft-Savannah-Hotel-Rendering.jpg

Savannah Aloft Hotel

Charlottesville chooses either Option 2 or Option 3, as well as other investments in the community. Enterprises and neighborhoods thrive, tax revenue continues to climb as the City’s business and residential density increases; autonomous cars and an enhanced transit service reduce the need for structured parking downtown.  As an economic development catalyst, Charlottesville chooses to move City Hall to the Strategic Investment Area (SIA).

The City enters into a Public Private Partnership with a developer to raze the Market Street Garage and City Hall and construct a seven story conference center hotel.  The four star hotel fronts on the Downtown Mall and the newly branded “Uber” Pavilion.

Both paths of these paths seem to end in the same place but the courage of City Council making long term infrastructure decisions drives the successful community while a lack of such vision creates economic uncertainty and possible municipal failure.

Charlottesville future will be decided by those in power at present.  Parking, and other municipal decisions, will determine which path the city travels.

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: Savannah.com, Tripadvisor.com

Free Enterprise Forum 2017 Top 10

By. Neil Williamson

top ten listWell, 2017 is the year many in Central Virginia would like to forget.  Beyond the far reaching ramifications of the year when Charlottesville became a verb on the national stage, The Free Enterprise Forum remained focused on monitoring local government, reducing regulatory burdens, promoting market based solutions, protecting property rights, and encouraging economic vitality.

None of this could be accomplished without the generous support of our donors and our regular readers. Thank you.  As we embark on our fifteenth year of operation,we remain vigilant, and “pleasantly” persistent.

Each year, we select the top ten blog posts for our year in review.  There were many other blog posts that reached honorable mention status.  I would be remiss if I did not thank our Field Officers Brent Wilson (Greene County) and Bryan Rothamel (Fluvanna County) for their significant reportage in 2017.

With apologies to the now retired David Letterman, here are our Top 10 posts for 2017:

#10 Albemarle’s $52 Million Rain Tax Department December 4, 2017

rain gifFarmers count on rain to feed their crops; Albemarle County is counting on the Rain Tax (AKA Storm water “fee”) to grow government with a 10 year budget that exceeds $52 million.

 

#9 Charlottesville’s Paid Parking ‘Canary in the Coal Mine’ ? March 14, 2017

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.

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

#7 Frederick Fleet and Charlottesville’s Form Based Code Charrette Sept. 7, 2017

Frederick Fleet photo credit 123people….Considering the current [Charlottesville] 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.

#6 Fixing Charlottesville NDS Engine Light February 16, 2017

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.

#5 Albemarle Economic Development X Files March 29, 2017

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.

#4 Changing Charlottesville Philosophy to YIMBY July 25, 2017Image result for yimby

…This is not a development problem, it is a political problem, and it exists nationwide.

I recently reviewed the YIMBY (Yes In My Backyard) San Francisco platform and I believe there are many parallels to Charlottesville….

We believe that San Francisco has always been, and should continue to be, an innovative and forward-looking city of immigrants from around the U.S. and the world. San Francisco is not full, and the Bay Area is definitely not full. Ours is an inclusive vision of welcoming all new and potential residents. Anyone who wants to should be able to afford housing in the Bay Area.

#3 Hindsight Report Asks ‘What If?’ August 1, 2017

…The Hindsight Report indicates that over the study period (2001-2016), Albemarle County received, from the study area, over $277 million in local tax revenue compared with the $212.9 million revenue sharing payments made to the City of Charlottesville (+$64.1 million).

….Had Charlottesville been successful in the annexation and the revenue sharing agreement not been in place, the City would have received $304.7 million in tax revenue from the study area during the study period compared with $212.9 million in revenue sharing payments from Albemarle County (-$91.8 million).

 

#2 A Tradition Like No Other–Albemarle Again Seeks to Ban Golf  April 5, 2017 and

Sunny Day? Albemarle Prohibits Greens, Endorses ‘Green’ April 24, 2017

See the source image

….By our back of the envelope calculations, rural recreation is an economic driver in the community representing nearly 2,000 jobs and an annual payroll of $40 million dollars.  In addition, rural recreation is a part of the fabric of Albemarle County.  The Free Enterprise Forum asks you to abandon this folly and utilize your limited staff resources to meet real needs of the community.

#1 Sayonara Shucet March 31, 2017

Shucet - Photo Credit CvillepediaLate yesterday afternoon (3/30), the embattled Elizabeth River Crossings (ERC) named former Virginia Department of Transportation (VDOT) Commissioner Philip Shucet as their new Chief Executive Officer.

In our three years of observation, we have grown to appreciate the charming manner in which Shucet manages (some might say manipulates) meetings and their outcomes…. As a facilitator extraordinaire, he has stayed true to the “Shucet Six” we first identified in 2014…. for now we say Sayonara Shucet, we wish you fair winds and following seas.

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But most of all THANK YOU, the readers and supporters of this blog and our work in Central Virginia.  Without your generous support, we would not exist, thank you!

BRING ON 2018!

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 Planning Commission Approves 105 Apartments

By. Brent Wilson, Field Officer

A proposed affordable housing apartment project on US 29 in Ruckersville took a step forward Wednesday night.

The Mark-Dana Corporation came before Greene County’s Planning Commission on December 20th seeking  a two-step approval – 1) rezone a tract of 8 acres in Ruckersville from B-2, Business to R-2 , Residential and 2) a Special Use Permit (SUP) to increase the density to allow 105 apartments to be built on the 8 acres.  The current owners of the property are John and Wanda Melone of the Melone Family Trust.  If the rezoning and SUP of the property are approved, the Melones plan on selling the property to the Mark-Dana Corporation to be developed.

Greene County Planner Stephanie Golon presented the rezoning application identifying the property as just south of the Blue Ridge Café and the Ruckersville Gallery antique store on Route 29 South.  The 8 acres requesting to be rezoned sits to the west of 7 acres, both parcels owned by Melone Family Trust.

Golon mentioned that the parcel is located at the south end of the area identified as mixed use in the Comprehensive Plan.  The feedback from the departments in Greene County did not have any concerns other than the school system – Superintendent Andrea Whitmarsh responded that the Ruckersville Elementary School was at capacity already and the addition of 105 apartments would add to the overcrowding.  This is part of the school’s justification for expanding the school system.

The other main issue of the presentation is the Mark-Dana Corporation will be applying for financing through the Low-Income Housing Tax Credit Progam  which will help provide affordable housing in Greene County.   Under this financing program, units constructed must remain affordable for forty years past the date of occupancy.

David Koogler

David Koogler, chairman of the Mark-Dana Corporation, reviewed the project for the commission stating that the units will have a brick frontage, they will be three stories in height and there will be one, two and three bedroom apartments.  Koogler explained that his parents started the business and they now have 23 properties with 15 of them in Virginia and the balance in Texas.

The hearing then moved to comments from the public which brought up several concerns – the project is barely cash positive with only 30 students estimated, another 2 students would cause the project to be cash negative.  The other issue brought up was the demand on the water supply.   The White Run project won’t be completed for five years after the apartment project is completed (2019 vs. 2024).   However, Simon Fiscus Director of Skyline CAP  spoke in favor of the project as a way to provide more low income housing for the county.

Commissioner Frank Morris brought up the question of how many housing units this parcel would allow by right.  Planning Director Bart Svoboda answered that based on 8 acres it would accommodate 48 units.  Commissioner William Saunders asked if the possible lack of water can be a reason to reject the rezoning request.  Svoboda answered no, since there are EDU’s available.

Chairman Jay Willer brought up the fact that if this rezone to R-2 is approved it would be the first residential rezoning in the growth area of Ruckersville.  The vote was then taken and was approved 4-1 with Commissioner Morris voting against the rezone.

With the rezoning approved, the commission turned to the Special Use Permit request to allow 105 apartment units on the eight acres, up from the 48 units allowed by right in R-2.   Koogler added to Golon’s presentation about the number of new residents in the apartments.  Koogler stated that historically some of the apartments are rented by residents already living within the county the apartments are constructed.  Therefore the net increase which generates a need for additional resources from the county is less than the total number moving into the apartments.

In the SUP public hearing, again, the input from the pubic focused on the pressure on the school system.  Inversely, Fiscus again stated the need for more affordable rental units.  Morris brought up his concern about setting a precedent of going above the “by right” number of units per acre.  McCloskey asked Svoboda if a condition of the SUP could be that it restricted the property to affordable housing.  Svoboda answered that no, under state code, that type of restriction could not be applied to the property.

Willer asked Mr. Koogler one last question – how long does the restriction of the property last?.  Koogler answered that the restriction lasts 40 years and stays even if the property is sold.

At that point the commission voted 4-1 to recommend approval of the Special Use Permit to the Board of Supervisors.

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 http://www.freeenterpriseforum.org

Fluvanna Ponders Proactive Rezoning for Economic Development Prospect

By. Bryan Rothamel, Field Officer

The Fluvanna County Board of Supervisors will hear an application to rezone a property in the Zion Crossroads area at the December 20 meeting.  The rezoning was initiated by the Board of Supervisors in hopes of attracting a specific company looking to invest over $8 million in a new facility that would employ 30 to 40 people. The company’s name is not disclosed at this time.

The property is located along Memory Lane (State Route 698), approximately 0.35 miles south of the intersection of Richmond Road (U.S. Route 250). The parcel is within the Rural Residential Planning Area and is adjacent to AG Dillard and near the rear portion of the women’s correctional facility. It used to be part of the Cosner salvage yard.

The Cosner salvage yard use of the property was nonconforming to the zoning of A-1. For the property to become a salvage yard again, it would need to be I-2 plus get a special use permit.

The unnamed company would have to initiate a Special Use Permit (SUP), if the zoning change is approved. At that time, additional details would be released. The I-2 zoning does not allow a salvage yard by right but is a permitted use with SUP.

A county official declined to release any other information on the company other than the pictures that were part of the presentation slated for the meeting.  The pictures depict a much different salvage yard than how Cosner operated. The pictures show a cemented yard of cars and a large warehouse.Recycled-green-auto-parts-info-graphic-3

The new term of art for salvage yards is “Automotive Recycling” [See infographic to the right]. The car recycling Industry is the 16th largest in the United States, contributing $25 billion per year to the national Gross Domestic Product (GDP). The US automotive recycling industry employs around 100,000 people and earns around $25 billion a year. Nationally, there are around 7,000 vehicle recycling facilities.

During the Planning Commission meeting, officials said the company brings in cars through the warehouse for inspection then stores the cars in the parking area. Spare parts are shipped to interested buyers and there could be some local buyers. The company would pay taxes including machinery and tools.

The Planning Commission recommended denial of the rezoning on a 3-1-1 after two failed motions. First, the PC had a motion to approve that failed to get a second. Then, there was a motion to defer that did not get a second. A motion to recommend denial received a second but failed on a 2-2-1 vote. Shortly there after a motion to reconsider.

The Planning Commission had issues with the I-2 zoning in the rural planning area. The property is next to the community planning area and next to I-1 zoned property.

PC members at first started considering the economic development portion of the rezoning but then retreated to only considering the question, “Should this property be zoned I-2 on its own merits?”

One suggestion was rezoning on the possibility the zoning reverts back to A-1 if the interested company backs out of the arrangement. County officials said without the rezoning, the business would move on. Tony O’Brien (Rivanna District), the Board of Supervisors liaison to the commission, said there is little concern about the company’s intentions.

The Board of Supervisors will take up the issue at the 7 p.m. session on December 20.

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The 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 Credits: Automotive Recyclers Association

Rudolph the Form Based Code

Testimony to Albemarle County Planning Commission December 18, 2017

Created by Robert Lewis May;  Adapted by Neil Williamson, President

rudolph the form based code

Rudolph the Form Based Code

You know Residential, Commercial, Industrial and Mixed Use,

Urban and Rural and Multi-Family and Historic

But do you recall?

The most hyped up zoning code of all?

 

Rudolph the Form Based Code

Had a most prescriptive, aesthetic design

And if ANYONE ever fully understood it,

They might even say it shinedSee the source image

 

All of the other zoning codes 

Used to laugh and call him names;

They never let poor Rudolph 

Join in any Euclidian Land Use GamesSee the source image

 

After a long, contentious, municipal meeting,

The tired elected official came to say

Rudolph with your building forms and street standards so tight

Won’t you spark our anemic economic development tonight

 

Then how the other codes despised him,

As they shouted out with mock glee

Rudolph the Form Based Code

“The rest of us are history”.

 

Merry Christmas Everyone!

 

Respectfully Submitted,

Neil Williamson

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Neil Williamson is the President of The Free Enterprise Forum, a public policy organization covering the City of Charlottesville as well as Albemarle, Greene, Fluvanna, Louisa  and Nelson County.  For more information visit the website www.freeenterpriseforum.org

Photo Credits: Mass.gov, Placemakers.com,

Greene County Revises Water/Sewer Connection Payment Timing

By. Brent Wilson, Field Officer

In 2008, Greene County developed a policy to sell Equivalent Dwelling Units (EDU’s) for water and sewer connections.  At the time, concerns were raised regarding the allowance of the speculative purchase of EDU’s, prior to the actual need.  As the cost of EDU’s increased (currently $10,000 for water and $10,000 for sewer) the timing of the EDU’s purchase has become an issue, especially for smaller builders.

At the only December meeting for the Greene Supervisors, Planning Director, Bart Svoboda, explained, numerous conversations with builders that have highlighted the cash flow problem this policy creates. So an alternative policy of charging for the EDU’s as a requirement for issuing a Certificate of Occupancy was proposed for Board consideration. However, the contractor runs the risk of EDU’s not being available if he waits until the project is ready to be occupied.

Chairperson Michelle Flynn (Ruckersville) asked if a builder could opt to buy the EDU’s the way they have up until now? Svoboda answered that yes, the contractor effectively would have the option as to when to buy the EDU. He could buy the EDU like the current policy provides and, therefore, he is sure he has the water and sewer connection before the project is started. Or he could wait until the project is ready for occupancy and then purchase the EDU with no guaranty that water and sewer will be available.

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Jim Frydl

Supervisor Jim Frydl (Midway) commented that the risk of water and sewer not being available is small.

The argument for delaying payment is that paying for the EDU closer to when the property can be occupied allows for the revenue stream of the business/residence to begin and provide the funds to pay for the EDU connections.

Some other Virginia localities do not allow the purchase of EDU’s until the building permit is issued for a specific parcel.  Such a policy significantly impacts the ability to “speculatively” purchase EDU’s at a a lower rate than the cost of such EDU’s at redemption.   This potential reform was not discussed on Tuesday.

At this point County Administrator, John Barkley, clarified that any changes to the EDU policy must first be approved by Greene’s Supervisors and then it can be approved by RSA.

Supervisor Bill Martin commented that the current reservoir project will relieve the limitation of water in Greene County. At that point Chairperson Michelle Flynn proposed that the option to pay when connected be approved and that motion was unanimously approved.

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Marie Durrer

Frydl Farewell

The last action taken at the final 2017 meeting was to thank Frydl who completed his second term. Frydl was defeated in his bid for a third term by Marie Durrer, former Clerk of the Circuit Court in Greene County.  Durrer will be sworn in in January.

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

Albemarle’s $52 Million Rain Tax Department

By. Neil Williamson, President

rain gifFarmers count on rain to feed their crops; Albemarle County is counting on the Rain Tax (AKA Storm water “fee”) to grow government by over Twenty new full time employees and a 10 year budget that exceeds $52 million. [corrected 12/5 9:44]

Please let me explain.

In 2013, Albemarle County thought it needed a Rain Tax (a fee paid by all land owners based on the percentage of impervious surface) in order to meet state mandated Chesapeake Bay regulations for pollutants.

In late 2014, staff projected the costs to be nearly $2.5 Million a year.  During the preparation of Albemarle County’s Chesapeake Bay TMDL  Action Plan they found they would receive credits for the many stormwater Best Management Practices (BMPs) – both private and public – that were already built. Albemarle’s Water Resources Program Manager, Greg Harper Harper explains:

While the County is required to achieve 5% of its long-term required pollutant reductions by July 1, 2018, the current status of reductions is as follows:

pollutant reductions achieved as percent of total, long-term requirement

phosphorus  68%

nitrogen 99%

sediment 137%

All (100%) reductions must be achieved by 2028. As you can see, we are theoretically complete with required nitrogen and sediment reductions and two-thirds complete with phosphorus reductions. [emphasis added-nw].

When it was determined that Albemarle was well on its way to meeting those requirements, the Free Enterprise Forum wrongfully thought this would be the end of the discussion of a rain tax [see Singing in the Rain].

Instead, gifted with this “fee” authority from the General Assembly, Albemarle tasked staff to come up with a plan to spend the money to address the county’s greying stormwater infrastructure – .

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Make no mistake this is the beginning of an Albemarle County Public Works Department with Twenty new full time employees  (corrected 12/5 9:44 am) and an annual budget of roughly $5 million absent any check on its further expansion based on a dedicated revenue source

While the Free Enterprise Forum is not questioning the need for many of these infrastructure improvements, we believe these projects should compete with other capital projects in the biannual Capital Improvement Plan (CIP).  Such project competition breeds efficiency and promotes transparency just as a dedicated revenue source reduces sunlight, breeds complacency and presents the opportunity for mismanagement and malfeasance.

Respectfully Submitted,

Neil Williamson

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Neil Williamson is the President of The Free Enterprise Forum, a public policy organization covering the City of Charlottesville as well as Albemarle, Greene, Fluvanna, Louisa  and Nelson County.  For more information visit the website www.freeenterpriseforum.org

Photo Credits: giphy.com, Albemarle County