Frederick Fleet and Charlottesville’s Form Based Code Charrette
FORUM WATCH EDITORIAL
By. Neil Williamson, President
I 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.
Charlottesville’s Engagement Problem
FORUM WATCH EDITORIAL
By. Neil Williamson, President
One person can’t get engaged – it takes two.
Engagement, like all communication, requires all parties to fully participate; listening and responding. This was not the case in last night’s (6/27) Charlottesville planning commission meeting – where the banner of public engagement is waved proudly; but despite the efforts of two special interest groups, their zoning code concerns were not addressed in the discussion.
Please let me explain.
In last night’s Planning Commission code audit work session, Deputy City Attorney Lisa Robertson related to the Commission that she had several conversations with the Southern Environmental Law Center (SELC) and received a copy of the letter written by the Charlottesville Area Development Roundtable (CADRe).
Rather than taking the bull by the horns and including these organizations’ concerns in the presentation, Robertson said that CADRe’s letter was written to the Planning Commission and City Council and was not staff’s position to reply. Robertson said she thought the comments of both groups might inform discussion of the panel but not once in the two hour work session did she raise a specific concern from either of the organizations. Considering the level of technical detail in the CADRe letter, one would have anticipated planning staff providing some context to the legal discussion – there was none.
The Free Enterprise Forum has reviewed CADRe’s 16 page letter, sent to the Planning Commission in advance of their first work session (5/29). The respectful tone and constructive criticism was well drafted and encouraged public discussion of the various points. Those questions went unanswered.
In his reporting for Charlottesville Tomorrow, Sean Tubbs included the CADRe concerns as a part of his coverage of the meeting in this morning’s Daily Progress. If it was important enough to be in the article, shouldn’t it be part of the Planning Commission discussion?
The goal of the Planning Commission work sessions was to vet the proposed zoning changes and the impacts they might have on property owners. CADRe which works with several prominent property owners raised many significant concerns regarding building heights. Staff failed to mention (let alone address) these concerns in their presentation; therefore the discussion was significantly less robust than it could have been.
Late in the meeting Planning Commission Chair Kurt Keeseker suggested the commission should be made aware understand the types of comments that are coming in and the citizens should receive a response. He related the manner in which the Virginia Department of Transportation (VDOT) is answering inquiries and the reporting back to the Hydraulic Advisory Panel. This less than perfect engagement concept was brought forward in good faith, but it was dismissed.
This process is being done under the auspices of a ‘legal review’ and thus the Deputy City Attorney is the lead staff. As mentioned above, one would anticipate that the planning staff who work with the zoning code day in and day out would have a great deal to offer regarding the code revisions. Silently sitting a row behind the Deputy City Attorney, Alex Ikefuna Charlottesville’s Director of Planning spoke not one word during the 2 hour+ meeting. His silence spoke volumes.
When the four Planning Commissioners present pushed back on staff asking for more engagement with SELC, CADRe, and other interested citizens, staff indicated that could not be accomplished under the stated work plan that City Council adopted.
In summary, at least two special interest groups provided substantial information to the staff and staff choose not to include the concerns in the presentation because the letter was addressed to the Planning Commission and the City Council. When the Commission pushed for more community engagement, they folded under staff’s threat of jeopardizing City Council’s calendar.
The Free Enterprise Forum believes the zoning code rewrite process is being railroaded.
We believe in true engagement. Failing to directly address the concerns of the SELC and CADRe at the Planning Commission work session level will lead to increase delay in zoning code implementation and a lack of respect for the entire “engagement” process. These issues will not “go away” they will return at the public hearings.
Simply putting documents on a website “for all to see” is not engagement – engagement is involved, engagement can be messy, engagement requires significant work and engagement takes time. It seems the City is placing their calendar over their citizens.
Charlottesville deserves better.
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: Hiphealthy.com
Bad ‘Housekeeping’
By. Neil Williamson, President
Growing up in the 1970s, the only ‘housekeeper’ I knew was Alice from the Brady Bunch. She was an important part of the family who helped out getting everything accomplished for a busy family with six children. She was well respected by the children, the community and her employers.
Now, in separate, equally disturbing, actions both Albemarle County and Charlottesville are giving Alice a bad name.
Please let me explain.
Under the auspices of literally “Housekeeping” Albemarle
plans, by my count, nearly 30 code revisions. The legal ad for the June 20th Planning Commission Public Hearing (right) was dense, even by Albemarle standards.
While the Free Enterprise Forum applauds some of the changes proposed, we remain concerned that other items are clearly being pushed through for political expediency and are being “hidden in plain sight”.
Yesterday, I literally took out my magnifying glass to read the small print. Policy wonks may read the legal ads this closely but by putting thirty largely unrelated code revisions into Zoning Text Amendment, the opportunity for obfuscation is great.
In a municipal game of “Where’s Waldo” see if you can find the second amend statement in the ad above. If you were able to find it, you would find this innocuous legalese:
Amend Section 18-32.6 to clarify that specifications for recreational facilities comply with Sections 18-4.16-4.16.3;
Reading the text above, Alice (and pretty much everyone else) might think this is just “cleaning up” some legal stuff to make it comply with some other legal stuff. But in reality, these twelve words eliminate special use permits for golf and swim clubs in the rural areas, effectively banning new golf courses in Albemarle County. [correction June 13 10:46 am this language is to clean up the ordinance, a separate SUP (and public engagement plan) will be submitted to eliminate golf courses in the rural area – per e-mail from Albemarle’s Bill Fritz- the Free Enterprise Forum regrets this error – nw] This is just one of the “housekeeping” items buried in the proposed Zoning Text Amendment
Albemarle is not alone in burying changes in “housekeeping” activities. Charlottesville Deputy City Attorney Lisa Robertson took City Council’s charge of a “Legal Review” to mean anything her office wanted to change should be a part of the review.
Luckily, the Charlottesville Area Development Roundtable (CADRe) took a long look at the “Legal Review”. As CADRe stated in their May 23rd letter to the Planning Commission:
In the case where a revision represents a substantive change that we feel is inappropriate for the Legal Review and better served by potential Amendments following the update to the Comprehensive Plan, we have noted as Substantive Change. [emphasis added-nw]
Much more than just “Housekeeping” CADRe’s letter outlined 16 pages of Substantive Changes; including the elimination of non residential uses in residential districts:
Also, what about all the other non-residential uses that are currently permitted in residential districts per the residential matrix? Is there a proposed replacement matrix that maintains these uses?
Examples: Houses of worship, temporary outdoor churches, cemetery, Health clinic, private clubs, wireless facilities (antennas, attached facilities, etc.), day care facility, schools (elementary, high school, college) funeral home, library, municipal govt. offices, property management, parking garage/lot, indoor health/sports clubs, parks, utility facilities, utility lines, consumer service business.
If these uses are eliminated from the residential districts this too is a SIGNIFICANT SUBSTANTIVE CHANGE
Regardless of your position on the issues buried in these Zoning Text Amendments, it is difficult for us to understand how one would find these changes as “Housekeeping”. Instead, we see it as an attempt, albeit a legal attempt, to circumvent the normal process and implement significant changes without proper public engagement.
Alice would indeed be disappointed in this shaming of the word “Housekeeping”.
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: WJBQ.com
Good Signs Are Good For Business
By. Neil Williamson, President
Adapted from comments made to the Albemarle County Architectural Review Board April 17, 2017
Your agenda today includes a work session on sign regulations. In the years I have been following issues in Albemarle, two specific localities always come up in signage conversations: Hilton Head, South Carolina and Route 3 in Fredericksburg. Neither is appropriate to the discussion of Albemarle.
It is also important to note as you discuss the size, number and proportion of signs that you also consider their purpose – to help customers find businesses.
The Free Enterprise Forum is aware of at least one planning commissioner who believes we will have no signs in the future as our autonomous cars and GPS tracking will make them obsolete; we do not share that view.
In fact we want to share some relatively recent sign statistics from two surveys in 2015. The first was commissioned by FedEx Office, measured the importance of signage to business operations and consumer decision making. The second by the Economic Center, University of Cincinnati, measured the impact on business owners in different industries.
The surveys found that:
- Nearly 76% of consumers (8 in 10) said they had entered a store or business they had never visited before based simply on its signs. (FedEx)
- Nearly 75% indicated that they had told others about a business simply based on its signage. (FedEx)
- About 68% of consumers believe that a business’ signage reflects the quality of its products or services. (FedEx)
- About 67% of the consumers surveyed said they had purchased a product or service because a sign caught their eye. (FedEx)
- Nearly 60% of consumers said that the absence of signs deters them from entering a store or business. (FedEx)
- Roughly 60% of businesses reported that changing the design or enhancing the visibility of their signage had a positive impact on sales, number of transactions and profits, with an average increase of about 10%. (UC)
- Over 50% of survey respondents indicated that poor signage (e.g., poor quality, misspelled words) deters them from entering a place of business. (FedEx)
- 38% of large companies with multiple locations identified branding/image as the most important purpose of effective signage, while small firms and single establishments perceived signs to be most important for making their business stand out and for helping customers find their location. (UC)
- Legibility was chosen by both consumers and businesses as the most important characteristic of signs. (UC)
While we know that the ARB is seeking to make our community great (to coin a phrase). It is important to remember that the tax paying businesses in Albemarle’s 20+ Entrance Corridors NEED signage to attract and retain customers.
Albemarle is currently outsourcing their economic development strategic plan to a Richmond based consultant. When we talk about being business friendly, changing the corporate brand colors (ARB trivia – who changed the red in Red Lobster) might not be the best first impression.
Thank you for the opportunity to speak.
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. For more information visit the website www.freeenterpriseforum.org
Photo credit: NBC29
Fluvanna Budget Increases Without Public Comment
By. Bryan Rothamel, Field Officer
With the Fluvanna Board of Supervisors considering a budget of $75 million, no one spoke during the public hearings on April 5 for the budget or tax rates.
The supervisors advertised a budget with a real estate tax rate of $0.907 per $100 assessed. The equalized rate for last year was $0.882 per $100.
The supervisors advertised no change to the personal property rate of $4.35 per $100. The business related personal property is proposed to lower from $4.35 to $2.90 and a machinery and tools from $2 to $1.90.
The budget is much of the same from the previous year. The schools were bumped up $320,000. The county is starting to pay the lease for the emergency radio project this year.
Before opening the public hearing the supervisors were updated by staff regarding changes since their last meeting. The slight changes could let the supervisors lower the real estate tax rate or fund items that were previously not funded.
Previously the board tried to find other cuts including an attempt to go line item by line item led by Patricia Eager (Palmyra District). After going through two line items, it proved to be more time consuming than ability to find cuts.
“About three years ago when we were on hard times, we went through the budgets,” chairman Mike Sheridan (Columbia District) said during that work session.
The Fluvanna budget is is hard to maneuver much. The advertised budget includes 13.8 percent of the expenditures going towards debt service. The rest of the budget is heavily affected by salaries.
Don Weaver (Cunningham District) estimated at the last work session that 80 percent of the budget is staffing.
“It is very difficult to cut 20 percent,” said Weaver at the time.
The public hearing on April 5 was only attended by three members of the public, three media members and various county staff and constitutional officers.
The Board of Supervisors will meet to debate and possibly adopt the budget on April 12 at 7 p.m. in the Circuit Courtroom. The board can postpone a vote until April 19 without effecting the operations of the Treasurer’s office to get tax bills mailed.
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 Credit: Fluvanna County
Sayonara Shucet
By. Neil Williamson, President
Late 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.
Shucet has most recently served as a consultant to VDOT as a facilitator and problem solver for challenging projects including the Route 29 Solutions panels.
Virginia Transportation Secretary Aubrey Layne said in the ERC News Release:
I know Philip personally and am confident he is the right man for the job.
It does not appear everyone in the Transportation Department was as prepared for Shucet’s sayonara as Secretary Layne. According to VDOT’s Lou Hatter:
The Route 29 Solutions project team will work through VDOT Commissioner Kilpatrick’s office to develop a plan going forward.
While appreciative of the professionalism and speed of Route 29 solutions project management, the Free Enterprise Forum has been a vocal critic of the meeting tactics and lack of true public engagement offered by Shucet’s panel process. In our 2014 post Shucet’s Charade – A Public Participation Illusion:
The Route 29 Advisory Panel is, perhaps unwittingly, playing a part in a masterfully orchestrated and expertly conducted illusion of public participation where the questions, concerns and opinions of panel members are being denied or actively dismissed. No votes are taken nor consensus measured. All the while the facilitator is complementing the panel for its incredible positive forward momentum.
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. His pioneering (for VDOT) of video streaming meetings promotes transparency but not participation. By reviewing e-mails and phone calls received, Shucet can color the manner in which the complaint was made and how VDOT, or the contractor handled it.
As a facilitator extraordinaire, he has stayed true to the “Shucet Six” we first identified in 2014:
- Control who is in the group. The number of participants and their representative groups selected to provide appearance of balance of perspectives
- Control Content, Agenda and Release of Data Controlling when and where data is released allows the facilitator the opportunity to build “proper context”
- Reduce/Eliminate Outside Influences. By removing public comment from the meetings and accepting it only online, Shucet insulates the panel’s meetings from being distracted by a boisterous critic [AKA Citizen]
- Demurely Dominate Conversation. Shucet’s down home drawl, overzealous compliments and genteel demeanor seem to engage the entire panel in discussion while his voice is most often heard directing the conversation. In addition, strictly limiting the group meeting time to two hours also helps this technique succeed.
- Limit Decision Options. While the Route 29 Advisory Panel was supposedly provided nine options to consider in their first meeting, Shucet brought forward just four options to the second meeting as possibly moving forward based on the “Professional Judgment” [note the word opinion was not used] and screening of the Technical Team.
- No Voting and Don’t Ask for Consensus. After three years, how many votes have been taken? None. How many times has consensus been “tested”? Never. The closest is when Shucet indicated he saw a number of heads nodding.
None of this is news and it does not change the fact that Shucet has served in this role well. Personally and professionally I consider Shucet to be an excellent public servant. That being said, I also believe he and I see the role of the so called “advisory” panels differently.
This morning blogger Jim Bacon applauded Philip Shucet, Transportation’s First Responder:
Bacon’s bottom line: Most people working the interstices between the public and private sectors are usually looking to line their pockets by trading on their relationships. Philip Shucet is a different breed. Not to say that he hasn’t done well for himself as a businessman and consultant in recent years, but he could work anywhere in the country he chooses and probably make a lot more money. Fortunately for the commonwealth, Shucet, who lives in Virginia Beach, has chosen to dedicate much of his career to public service and tackling some of the biggest, stickiest transportation problems. We’re lucky to have him.
Recently, in a conversation with VDOT officials someone asked me if I believe the blue tourism oriented destination signs, that were offered to impacted US29 businesses made a difference during the Rio/US29 interchange construction.
I indicated that while the signs likely did not change anything significant, they were an important step to let the local businesses know VDOT was aware (and listening) to their very real concerns – perhaps such tepid tranquility is the overall goal of these panels as well.
How and who will replace Shucet in the facilitator role is the challenge for the future, for now we say Sayonara Shucet, we wish you fair winds and following seas.
Respectfully Submitted,
Neil Williamson, President
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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 Credit: Cvillepedia
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
Over 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 specific
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 
desire 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.
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
Fixing Charlottesville NDS Engine Light
By Neil Williamson, President
If 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 staffIt 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
2016 – A Year of Exits (Executive and Grade Separated)
By. Neil Williamson, President
At this time each year, I take time to look in the rearview and see what issues we have covered that have garnered the most attention. As usual, I am amazed, and thankful, for the large number of people who read and financially support our work.
Here are the Free Enterprise Forum Top Ten 2016 Shaking My Head (SMH) Moments
#10 Is Charlottesville the $17.86 Million Court Jester?
Imagine you are a mayor or a City Manager, if a major employer and economic driver in your city was poised to leave, how would you respond?
Perhaps its just me, but I would likely fight like heck to keep them in the city. It is much easier to retain a major employer than to attract one.
But what if the employer is actually an arm of a neighboring government, should that matter? …
If Albemarle decides to bring $17.86 million of ‘County’ economic activity back to Albemarle, Charlottesville may end up looking as wise as the Court Jester this Halloween.
#9 Bananas and Albemarle’s Outdated Economic Opportunity Map
Imagine being in the banana business — and you have no way to obtain fruit.
That is Albemarle County’s current economic development sales position: “Yes, we have no bananas.”
“If a manufacturer calls interested in locating near a highway, we tell them, ‘We have nothing for you,’. Prospect businesses are looking to move within three to six months if they are not looking to build. We tell them, ‘We have no product ready to go today.’” – Faith McClintic, Albemarle County’s economic development director
#8 Greene Supervisors Approve Overspending FY17 Budget
By. Brent Wilson, Field Officer
In just the second month of the new budget cycle, the Greene County Board of Supervisors discussed
two issues last night (8/23) that would allow the county to spend nearly $33,000 over the approved FY17 budget.
The first issue that County Administrator John Barkley explained was that several positions are needed to be brought up to market value. He further explained that supplemental funds are being requested to fund the $27,250 for the reclassification of positions. Surplus funds from the FY16 budget will allow the county to be able to fund this request.
#7 C’ville’s Hydraulic Houdini
What would you call it when Charlottesville works to make a primary pillar of an integrated
transportation program disappear?
The Hydraulic Houdini.
Please let me explain.
Those with even decent short term memory can remember the argument over the now defunct Western Bypass and the Route 29 “Solutions”. Rather than building a limited access bypass around Charlottesville’s congestion (The Free Enterprise Forum supported), Bypass opponents proposed a series of integrated “solutions” would increase the existing roadway capacity.
My friend Jeff Werner of the Piedmont Environmental Council (PEC) even had a nifty PowerPoint Presentation regarding the congestion
#6 Albemarle’s Executive Exodus x 2
Albemarle Executive Foley Finds Greener Pastures
With rumors flying around Albemarle County (and Social Media) all day, a 4 pm Stafford County announcement made it official; County Executive Tom Foley is leaving Albemarle County to take up the same post in Stafford County. In the announcement Stafford highlighted Foley’s service and temperament as key qualities they were looking for in their new administrator:
Albemarle is Losing Faith
As anticipated as the sun rising in the east, it is with absolutely no surprise that Albemarle County’s first Economic Development Director, Faith McClintic, will be leaving her position later this year. In her short 18 month tenure, McClintic often found herself at odds with Planning Commissioners, some members of the public, this writer, and some elected officials. In addition, she found herself without product as she said in August of this year:
“If a manufacturer calls interested in locating near a highway, we tell them, ‘We have nothing for you,’. Prospect businesses are looking to move within three to six months if they are not looking to build. We tell them, ‘We have no product ready to go today.’” – Faith McClintic, Albemarle County’s economic development director
#5 Albemarle and VDOT Create US29+Rio Lemonade
While the Free Enterprise Forum lost the battle against the US29/Rio Grade Separated Interchange (GSI), we have found Albemarle County (and Virginia Department of Transportation (VDOT)) to be working exceedingly well together and significantly positively impacting the challenging business environment due to the roadway construction.
In the most recent Route 29 Solutions Project Delivery Advisory Panel meeting, former VDOT Commissioner and PDAP facilitator Philip Shucet indicated the next phase of the Rio GSI project, where the intersection will close for up to 103 days, “Isn’t going to be a birthday party”. This might be the understatement of the year.
#4 SOMEONE’s Shameful Sensationalism
Over the last dozen years, I have read literally hundreds of Albemarle County staff reports. I tend to find the reports to be professional, concise, factually correct and devoid of generalizations or editorial commentary – until last week when I determined that SOMEONE improperly and sensationally used a tragedy to further an advocacy position in what was presented as an impartial staff analysis.
In an attempt to sensationalize the need for closing of Earlysville Road to truck traffic, SOMEONE has stooped so low as to cite a terrible teenage 2002 drunk driving accident as justification to overrule the technical analysis of professional traffic engineers.
#3 ‘Snob Zoning’ Crozet Master Plan in the Works?
Recently, C-ville magazine cover story posed the question, “Can Crozet maintain its small town charm
as its population increases?”
Perhaps the question should be “After millions of dollars of planning and infrastructure spending, should Crozet residents be allowed to stifle population and economic growth by hijacking the master planning process?”
We’ve recently learned such a plan is in the works. And it is a bad idea….
The reality is the CCAC is opposed to density in the development area that is critical to achieve the philosophical goals of the Comprehensive Plan. The community vetted plan calls for densely populated development areas filled with amenities and services surrounded by less populated rural areas that are supportive of agriculture, forestry and open space.
In her seminal book “Snob Zoning”, Liza Prevost, exposed what happens when NIMBY zealots are able to change plans and regulations
#2 Fluvanna Land Use Fireworks
By. Bryan Rothamel, Field Officer
“I’m a little surprised board members are so happy to push this under the rug,” said Supervisor Tony O’Brien. . .
O’Brien said there were supervisors who should recuse themselves from the vote because they should know they aren’t compliant with the program.
Eager asked O’Brien to name who he thinks is not compliant as she has done everything to be compliant. He replied he never thought she wasn’t but questioned if Supervisor Don Weaver and chairperson Mike Sheridan (Columbia District) were compliant. He also thought Supervisor Mozell Booker might not be compliant but she was in a different arm of the program.
Sheridan said he asked a cooperative agent if he was in compliance and was told his practices were.
Fred Payne, county attorney, gave a legal opinion that supervisors do not have to recuse themselves just because they participate in the program.
O’Brien also suggested Mike Sheridan should recuse himself because Mel Sheridan is his brother.
Payne’s said Mike Sheridan had no need legally reason to recuse himself. He continued supervisors can always recuse themselves if they feel it is necessary but there was no legal reason to do so.
Weaver, who was quiet for the discussion, called for a vote which ended the discussion.
O’Brien said under his breath after the vote, “Embarrassing.”
#1 $52.5 Million Dollar Indecent Proposal – Albemarle Backs Off Threat to Wedding Industry
Last Tuesday evening, a rare joint meeting of the Albemarle County Planning Commission and Board of Supervisors heard a great deal from both wedding venues and the vendors that support them. Albemarle staff had prepared a proposed ordinance that, am
ong other things, would limit the ability of wineries, breweries and distilleries to 24 events a year. In the end the supervisors backed away from the most restrictive portion of the ‘indecent proposal’.
The testimony Tuesday was insightful and passionate. Wedding Photographer Jen Fariello asked pointedly “Why are weddings being attacked?” Wedding planner Adam Donovan-Groves [name correction 9:01 6/20 nw] told of one recent wedding whose local fiscal impact exceeded $250,000 musicians, gift packs, invitations, transportation, jewelry, photographer, etc.
Yes, 2016 has been a year of executive exits, speedy construction and threats of overregulation. Through it all the Free Enterprise Forum continues to blog, tweet (@neilswilliamson) and Facebook about local issues of significant importance.
The year ahead is filled with promise: the promise of a national search for a new Albemarle County Executive, the promise of so called “Solutions” 29 being completed earlier than scheduled (looks like June), the promise of new form based code development in Charlottesville, as well as the promise of elections across all localities.
2016 will also bring us the opportunity and privilege of attending and participating in many more government meetings where important policy decisions are made and #SeatsAvailable.
Thank you for your support!
Happy New Year
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.
An Albemarle Planning Christmas
First presented to the Albemarle County Planning Commission on December 13, 2016
By. Neil Williamson, President, Free Enterprise Forum
Twas two weeks before Christmas and all through Albemarle County
Folks were shopping and buying their family holiday bounty
The neighborhood meetings were held, public hearings advertised with care
In hopes that applicant’s final approvals might soon be theirs.
With Tubbs in his head seat and me off and tweeting
The regulars were in position for a long Planning Commission meeting
When up in the foyer there arose such a clatter
Sharon phoned maintenance to get to the bottom of the matter.
Away to the back doors, I flew up the row
With Sean, Jeff, and Morgan behind me, albeit quite slow
As I reached the ACOB back doors, of course located in front
I mumbled about relegated parking and pushed them open with a grunt
Florescent lights spilling out to the front staircase mountain
Gave brightness to the beautiful but empty decorative fountain
When what to my skeptical eyes should appear
but a BMW Mini and eight tiny reindeer
With a tall bearded driver, so sly and so tame
I knew in a moment it must be old Wayne
More rapid than zoning violations his courses they came
And he whistled and shouted, and called them by name
“Now Graham, now Gast-Bray, now Fritz and Newberry!
On Echols! On Weaver! On Benish and Sherry!
To the top of the properly stepped retaining wall!
Now dash away dash away dash away all!’
As the mud on a critical but managed slope after a summer rain flows,
when they meet with an obstacle from the ground that grows
So up to the green roof of the ACOB the coursers they flew,
With a sleigh, full of applications and Wayne Cilimberg too.
And then in a twinkling, I heard tapping noise somewhat fleeting
I thought Kilroy was updating citizens with her tweeting
As I gathered myself and turned to speak with the guys
The former Planning Director jumped off the elevator with surprise
He was dressed in a Hawaiian shirt and well pressed slacks
And his clothes smelled of suntan oil and perhaps the dog track
A bundle of approvals, he had slung on his back
He looked like a lost Shenandoah hiker just opening his pack
His eyes — how they twinkled, not application weary
His mind now so rested, his face rather cheery
He had a slight build but fit from the gym;
Tanned rested and ready, retired but slim.
Retirement clearly suited this jolly tall elf,
And I laughed when I saw him in spite of myself;
A wink of his eye and his now graying mane
Soon gave me to know I need not fear from Wayne.
He spoke not a word but had an aggressive comprehensive plan
Stamping applications “approved”, saying “yes, yes you can”
And pressing the button with his red sharpie stained hand
The elevator swept him away to the upper floors of ACOB land.
He sprang to top of the building on McIntyre
And away he flew like his pants were on fire
He shouted above the din of his fine steed
“Approve applications, economic development we need.”
I heard him exclaim as ere he drove out of sight
“Merry Christmas to all — Retirement is All right!”
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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: Gifs.cc
