Category Archives: Development Policies

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

By. Neil Williamson, President

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

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

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

Please let me explain.

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

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

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

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

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

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

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

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

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

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

Less Affordable Housing

Higher Property Values

Less Flexibility

Faster Development

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

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

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

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

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

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

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

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

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

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

As Dorothy told the Lion:

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

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

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

Will you give such bold direction today?

Respectfully Submitted,

Neil Williamson

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

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

March Madness–Albemarle’s Planning Philosophy

FORUM WATCH EDITORIAL

By. Neil Williamson, President

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

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

Please let me explain.

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

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

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

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

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

Additional reasons for my vote:

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

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

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

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

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

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

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

8.26 Albemarle Comprehensive Plan Clear Boundaries with the Rural Area

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

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

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

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

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

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

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

transect

 

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

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

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

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

Respectfully submitted,

 

Neil Williamson

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

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

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

By. Bryan Rothamel, Field Officer

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

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

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

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

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

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

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

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

Eager2016Cropped

Patricia Eager

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

The rezoning passed unanimously.

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

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

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

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


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

Bryan Rothamel covers Fluvanna County for the Free Enterprise Forum

Photo Credit: Fluvanna County, Foster Fuels

Fixing Charlottesville NDS Engine Light

By Neil Williamson, President

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

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

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

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

 

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

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

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

Staff response:

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

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

 

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

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

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

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

The staff response:

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

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

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

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

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

Stay tuned.

Neil Williamson

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

Photo Credits: Carpower.com

Fluvanna Approves New Townhouses

By. Bryan Rothamel, Field Officer

The Fluvanna County Board of Supervisors approved a 40-unit townhouse community near Lake Monticello at its last meeting of 2016.

Rivanna Heights, approved on a 4-1 vote, is situated on land on South Boston Road (Route 600). The development is up the hill on South Boston, up the hill from the intersection with Lake Monticello Road (Route 618).

Patricia Eager (Palmyra District) raised concerns about where the community sits on the road. “My primary concern is of the people that will live there,” said Eager.

The road’s speed limit is 45 mph and will now add a community in between the intersection with Lake Monticello Road and the Riverside section of Lake Monticello.

Tony O’Brien (Rivanna District) said, “I’d rather see this further up the road than it is right now.” He also mentioned the county might have to lobby the Virginia Department of Transportation (VDOT) to lower the speed limit of the windy road in the future.

The community will have a separate entrance and exit. The homes will form a triangle with two way traffic allowed on two sides but all traffic will have to funnel through the entire community. VDOT required to have one way traffic for a certain distance from entrances and exits.

Developers are giving the public safety officers an area to run radar and will also have emergency entrance.

Rivanna Heights is expected to have townhouses with 1,300 square feet, priced between $180,000 to $240,000. Representatives of the applicant repeatedly called the development “affordable housing.”

“You can get a free standing house for $200,000,” said Eager.

Eager was the lone vote against the development.

In the first meeting of 2017, the supervisors are keeping status quo of board leadership with chairman Mike Sheridan (Columbia District) as chairman for 2017.

In an primer to the FY18 budget season, supervisors were updated by staff. The reassessment equalized real estate rate will be $0.882 per $100 assessed. The current tax rate is $0.917 per $100.

The county’s savings account, known as the “Fund Balance”, has an unrestricted balance of $8.4 million. In June the unrestricted balance was $9.1 million. The county also keeps an additional 12 percent of the budget ($8.1 million) as a reserve.

County administrator Steve Nichols will formally present his FY18 budget on February 1.

The next supervisors meeting is January 18 at 7 p.m.


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

Bryan Rothamel covers Fluvanna County for the Free Enterprise Forum

2016 – A Year of Exits (Executive and Grade Separated)

By. Neil Williamson, President

https://freeenterpriseforum.files.wordpress.com/2015/12/top-ten-list.jpg?w=179&h=161At 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?Image result for Court Jester

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.Image result for Albemarle county development area

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 clip_image002two 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

Trafficit knot  @ Proff Rd             Trafficlymead Town Center             @ Hol                       knotTrafficLakes ...

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

Thomas FoleyWith 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

leavingyourjobAs 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.

rio gsiIn 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 snob-zones-640-for-web-194x300.jpgas 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

OBrien2014-photo-credit-Fluvanna-County_thumb.jpg

“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, among 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.

seats available2016 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 cheeryskinny santa

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

Accelerating Albemarle’s Anemic Economic Development

FORUM WATCH EDITORIAL

By. Neil Williamson, President

Wednesday night (12/21), Albemarle County Planning Commission and Board of Supervisors will hold a joint public hearing regarding a rezoning in Crozet for Perrone Robotics.  According to Albemarle staff, the intention is to have both government bodies vote on the application that evening.

Josh Mandell of Charlottesville Tomorrow reported on the Crozet Citizens Advisory Committee (CCAC) endorsement of the proposal last week:

Advisory committee member Leslie Burns said she was excited that Perrone Robotics could bring dozens of high-paying jobs to downtown Crozet. “This is not just a new gift store,” she said.

Crozet resident Brian Day said he also would welcome Perrone Robotics’ move to the Barnes Lumber property.

“It’s exactly what we need to ground the future of our downtown,” he said. “The old industry that was there, you could hear it two and a half miles away. We are talking about something that is quiet, safe and high-tech.”

While the Free Enterprise Forum does not take positions on specific projects we do applaud the speed in which the County has moved forward this economic development opportunity.

But we have to ask, why is this news?

Why couldn’t Albemarle move all of their applications forward faster?

I am sure this question is on the mind of the folks at The Clifton Inn.

clifton-main-houseIn September 2015, the County received an application for a zoning text amendment (ZTA) related to historic buildings and sites from the owners of Clifton Inn.

This prompted the county to reexamine its zoning code for historic inns and taverns in rural areas.

The application for this historic property has already languished  in the byzantine bureaucracy for well over a year – why?

Just because it has been successful and now seeks to EXPAND its existing business and add JOBS in the rural area (95% of Albemarle is Rural Areas).

A major milestone was reached earlier this month when ordinance changes were approved – but that only allows the Clifton project to apply for consideration under the new ordinance – It is likely the applicant will have to wait well over two years before being permitted to EXPAND their existing business and add JOBS.

Albemarle can do better.

Beyond simply holding Planning Commission and Board of Supervisors joint public hearings which would speed up the process slightly, the true answer for economic development is proactive rezoning.  Earlier this year in the Daily Progress we quoted then Economic Development Director Faith McClintic in our editorial about Bananas and Albemarle’s Outdated Economic Opportunity Map.

Image result for Albemarle county development area

 

“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

What if the uses defined in the community vetted comprehensive plan actually agreed with the zoning that controls the land?

Today if a business wants to come in where the Comprehensive Plan suggests but the zoning does not agree, there is a year-long Zoning Text Amendment (ZTA) process before a site plan can be submitted.

Imagine if a prospective business could identify a property already zoned and shovel ready, would that make Albemarle more attractive for economic development arena.

If (and this is am important if) Albemarle wants to grow jobs in the new year, reducing regulatory barriers via proactive rezoning would be a great New Year’s resolution.

Respectfully Submitted,

Neil Williamson, President

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20070731williamson 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: Trip Advisor

Real Estate Assessments (and E-911 Tower) Going Up In Fluvanna

By. Bryan Rothamel, Field Officer

As a part of its November 16th meeting the Fluvanna County  Board of Supervisors heard a report that Blue Ridge Mass Appraisal (BRMA) is finishing up a full assessment of the county.  It is expected properties with improvements (houses or buildings) will see an increase of 3 to 4 percent.

BRMA sent out notices to property owners on November 4th and to date has received less than 100 telephone calls. The Board of Equalization was appointed to hear official appeals.

Supervisors also approved change orders to the E-911 project. The most significant one being the least expensive. The supervisors approve the county purchasing a 100 feet by 100 feet square from Central Virginia Electric Cooperative (CVEC). The cost is $10.

CVEC is providing the land only for a public safety communication tower. If the county no longer needs the tower, the land would revert back to CVEC.

Besides how inexpensive the land transaction is, CVEC will also provide electrical service for the tower. Fluvanna can lease up to three additional spots on the planned 300-foot tower. The county will maintain the shelter for equipment but CVEC will provide the access road.

Other change orders were to continue using a company to provide project management, moving the Columbia School tower in a different location on the same property, elimination of requirement of grading that is not needed anymore and installation of fiber cable by Motorola.

In other business, the Supervisors expressed hope that more people will find their way to Pleasant Grove farm and museum.  The supervisors approved a funding request to apply for two directional signs on Route 15 South. The signs would help tourists coming from the Zion Crossroads I-64 exit to Pleasant Grove.

The application to the Virginia Department of Transportation (VDOT)  would request the first sign be before the Routes 15 and 250 intersection saying how far and direction to the county owned park. The second sign would instruct drives to turn on to Route 53 in Palmyra.  The application is $100 per sign. There is an annual cost of $450 per sign.

Supervisors will have two public hearings regarding county code amendments at the December 21 meeting. The first is to correct referenced state code in an ordinance regarding solar panels. Don Weaver (Cunningham District) has solar panels on his property and abstained for the vote. Legal counsel said he didn’t need to but he could if he felt necessary.

Supervisors will also have a public hearing regarding the deadline for businesses to file for personal property taxes. Currently the deadline is February 1 but the Commissioner of Revenue can move it to March 15 without issue.

The first phase of the Palmyra Rescue Squad building is nearing completion. The county has increased lighting in bays, installed an HVAC building, improved the living area and improved the exterior.

Currently the squad houses the paid professional crew 24-hours a day. Volunteers also operate out of the building.

Supervisors will next meet on December 7 at 4 p.m.


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

Bryan Rothamel covers Fluvanna County for the Free Enterprise Forum

Is The Jury Still Out on Albemarle Courts Relocation?

By. Neil Williamson, President

Tonight (10/24) the Albemarle County Board of Supervisors will take “public input” regarding the albemarle-courthousepossible relocation of their courts system.  Of the five options on the table, all but one keeps the courts in the City of Charlottesville. While the Free Enterprise Forum would like to have a favored option, we do not believe the case has been made for any option — considering how far along the process is, we are astonished at the basic questions that remain unanswered.

To review here are the five options:

OPTION 1: DOWNTOWN/LEVY EXPANSION
OPTION 2: RELOCATE COUNTY & CITY GENERAL DISTRICT COURTS TO COUNTY OFFICE BUILDING MCINTIRE

OPTION 3: RELOCATE COUNTY GENERAL DISTRICT COURTS TO COUNTY OFFICE BUILDING MCINTIRE

OPTION 4: RELOCATE COUNTY GENERAL DISTRICT COURTS & CIRCUIT COURTS TO COUNTY OFFICE BUILDING MCINTIRE

OPTION 5: RELOCATE COUNTY GENERAL DISTRICT & CIRCUIT COURTS TO COUNTY SITE

As we examine the decision matrix provided by the county, we have many more questions than answers.

Here are our top ten inquiries:

  1. Has the city offered any economic incentives to support any of the City based options? (see last week’s blog post)
  2. Why does option 1 (stay downtown) cost $12,500,000 more than building in option 5?
  3. Why does it cost $18,000,000 to put the General District Court at the County office building when it appears that most of the infrastructure is already there?
  4. If you build a new county admin facility, where will it be located and, how much does it cost?  Where is that cost shown?
  5. Do options 2-5 factor in the lost property tax revenue for whatever parcel is acquired?
  6. The matrix seems to indicate that options 2-5 strongly support the County’s strategic redevelopment/urban place making priorities.   Doesn’t that really depend on where the County offices are built and how?  It could eat up a bunch of property in the urban area and create little long term value.
  7. Will option 5 allow a mix of uses on their site?  What of creating affordable housing over top of the new county offices?
  8. It seems that you are assuming any new construction by the County in the County has high economic development value.  Why?  What assumptions have been made to draw that conclusion?
  9. Is taking urban county property off the tax rolls good for economic development? Will the development area be expanded to replace this lost land?
  10. Why is the construction risk higher for option 1 than any of the other options?

The public input offered can only be as good as the information provided to them to base that input.  We forwarded these questions to Albemarle County early last week and they indicated they hoped to have answers in their presentation tonight. If that is the case, the public will have limited time to process the information before the public input session closes.

Regardless, these questions need answers before anyone should make a decision on the future location of the court.

The jury is not “still out” — the full argument has yet to be presented.

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 http://www.freeenterpriseforum.org

Photo Credits: Albemarle County