Category Archives: Development Policies

Fluvanna Adding Debt and Reducing Regulations to Boost ZXR Development Potential

By. Bryan Rothamel, Field Officer

The Fluvanna County Board of Supervisors are adding another $8.5 million to the county’s debt total.

The supervisors voted 4-0 to finance $8.5 million for the Zion Crossroads water and sewer project.Chairman Mike Sheridan (Columbia District) had a pre-planned absence.

Current estimates has the project at over $10 million. The remaining amount will be paid in cash from the county’s reserves.

Tony O’Brien (Rivanna District) wanted to include in the financing the first year’s payment but it failed to reach a second. Patricia Eager (Palmyra District) moved to pay the first year’s payment in cash. This payment was not budgeted for in FY18.

The supervisors originally applied and were approved for $8.5 million through the Virginia Resource Authority but debated on financing less than the full amount. The county’s reserves are sitting at $4.8 million above policy of keeping 12 percent of the budget in reserves. This additional amount above policy is called the ‘fund balance.’

With financing of $8.5 million for the project, the county will still pay $1.7 million in cash from the fund balance.

“Flexibility [in the cash balance] is important. $2 million is not a lot of flexibility,” said O’Brien.

The county’s debt total will be over $100 million. Starting in FY19 the county will be retiring $6 to $7 million a year of debt.

Also at the June 21 meeting, the supervisors approved a number of changes in the the zoning ordinances.

The only one not to get an unanimous vote was the one regarding planning unit developments. Fluvanna still does not have an approved PUD and only one has come to a vote, Walker’s Ridge.

The changes would restrict PUDs to the Zion Crossroads community planning area and would require use of public water and sewer. O’Brien raised concern if a developer needed more capacity than the county could offer at the time, it would stop development.

County staff said if a developer wanted a PUD, the developer would help finance an expansion of the system to make it work.

Wayne Stephens, director of public works, said he thought it would be a huge mistake to allow people to build a private system in a community planning area.

O’Brien envisioned a scenario where the developer would have a private system that later would connect when the capacity would allow.

“Trust me, if you have an out…someone will take it,” said Stephens.

The ordinance change passed 3-1 with O’Brien against it.

The other zoning text amendments passed without dissension. The sign ordinance became less restrictive including allowing larger signs in the Zion Crossroads urban development area. The ZXR sign overlay district will have similar dimensions as Louisa County but slightly smaller.

The other change was increasing the maximum height of Industrial 2 zoned properties. It also will now require less setback unless bordering a residential zoned property.

All of the changes are geared to helping development in the Zion Crossroads’ area with the anticipating of the aforementioned planned water system.

In other news, the supervisors approved the county applying for a grant to build a fire training tower building at the Fork Union Fire Station. The goal of the application is for the county’s match to be provided by staff work or already budget resources instead of additional cash contribution.

The supervisors approved a new private secondary school at the old ABC Preschool by Slice Road. The facility is a six week program geared to helping students return to the public school classroom by working on social skills and classwork. The private school has agreements with Fluvanna, Albemarle, Charlottesville, Greene, Nelson and Madison already.

The board transferred money to pay for county attorney services. The FY17 projected cost is $273,000. The county’s attorney costs have increased each of the last four years. The supervisors briefly discussed during the budget season hiring a full time county attorney, however that discussion didn’t go far.

Also at the June 21 meeting the supervisors extended the contract for the county attorney services at the same rates as the current fiscal year.

The supervisors will next meet on July 5 at 4 p.m. and 7 p.m. The supervisors have no second meeting in July. A public hearing on issuance of the ZXR bonds will be on the 7 p.m. docket.


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

Charlottesville’s Engagement Problem

FORUM WATCH EDITORIAL

By. Neil Williamson, President

Man-proposing-ring-woman-e1434128981263One 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

Image result for alice brady bunchGrowing 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” AlbemarlePC Legal notice 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

Sprawl Wars–One Rouge

By. Neil Williamson, President

Reminding me of the old Don Imus bit “Which Doesn’t Belong and Why”, this Thursday evening I will be joining Charlottesville City Councilor Kathy Galvin and Piedmont Environmental Council’s Charlottesville-Albemarle Land Use Officer Jeff Werner on a panel discussing “How Zoning and Land Use Shape The World Around Us”.  This FREE event is a non-partisan project of The Democratic Road Forward PAC.

At the outset, I must complement the other panelists both of whom are well respected in their professional and political fields.  I have known Werner and Galvin for many years; we disagree strongly about some things, but we have always had interesting, positive conversations/debates.  I anticipate Thursday will be equally interesting.

While the Free Enterprise Form is pleased to be invited to the panel, some of the promotion for the event already has me scratching my head. Rather than focusing on the more cerebral zoning and land use, the organizers are touting “URBAN SPRAWL” Here is the blurb from the website:

2017UGsession6_4

“Decades of unplanned and carelessly applied zoning gave rise to urban sprawl”, I have to disagree.

Sure the zoning regulations and their enforcement had an impact on neighborhood expansion, but market demand, improved mobility, automobile affordability, as well as the advancement of women in the workplace were significant contributors to sprawling neighborhoods.

Blaming the previous planning is evidence of the arrogant planner’s paradox — if only the community planned better we would be a better community – planning is good but product must have a market or it does not get built.  The Free Enterprise Forum does not believe most planners have a wide enough world view when it comes to planning alternatives.

In his paper, Urban Sprawl, Smart Growth, and Deliberative Democracy, David B. Resnik, JD, PhD wrote:

Urban sprawl in the United States has its origins in the flight to the suburbs that began in the 1950s. People wanted to live outside of city centers to avoid traffic, noise, crime, and other problems, and to have homes with more square footage and yard space. As suburban areas developed, cities expanded in geographic size faster than they grew in population. This trend has produced large metropolitan areas with low population densities, interconnected by roads. Residents of sprawling cities tend to live in single-family homes and commute to work, school, or other activities by automobile.

The concept of living in a suburban neighborhood has been a dream for many American families.  The advent of affordable automobiles and gasoline provided America the greatest independent mobility in the world.  People could choose to live out in the country and still make it into the urban areas to work.  Today, environmental groups and academics have successfully attached a negative connotation to the “American Dream” of owning a house with a yard by using the term ‘sprawl’.

“Sprawl features rapid geographic expansion of metropolitan areas in a “leapfrog,” low density pattern, segregation of distinct land uses, heavy dependence on automobile travel with extensive road construction, architectural and social homogeneity, shift of capital investment and economic opportunity from the city center the the periphery, and relatively weak regional planning.”
Rollins School of Public Heath, Emory University

“Sprawl is irresponsible, often poorly-planned development that destroys green space, increases traffic and air pollution, crowds schools, and drives up taxes.” –The Sierra Club

Local and State Governments have joined in the anti-sprawl movement mainly for economic reasons – it is significantly more efficient to deliver government services (Schools, Police, Fire, Etc.) to a densely populated area rather than geographically dispersed.

In a fascinating piece of creative lexicon, the term ‘Smart Growth’ worked its way into the planning sphere in the 1990s.  Like ‘Clean Water’ these positive terms, work subliminally to support their own cause i.e.: if you are opposed to ‘smart growth’ you must favor ‘dumb growth’.  Recently many of  ‘smart growth’ proponents have shifted lexicon to be supportive of “Form Based Zoning”, “Sustainable Cities” and of course Charlottesville’s  “Streets that Work”.

One of the premier new urbanist evangelists is Andrés Duany, whose firm DPZ was hired by Charlottesville last year to develop their Form Based Code.  Duany has co-authored five books: Suburban Nation: The Rise of Sprawl and the Decline of the American Dream, The New Civic Art, “The Smart Growth Manual”, “Garden Cities” and “Landscape Urbanism and Its Discontents”.

The Free Enterprise Forum believes there is a market for Form Based Codes and New Urbanism; but there is also a market for old urbanism and suburbanism.  Just as we were supportive of Albemarle’s neighborhood model as ONE model not THE model, we believe zoning should not be crafted to prevent the last bad thing from happening again it should be built to allow the next great place to be built.  Neither sprawl or the automobile should be seen as planners’ enemy.

In his seminal book The Vanishing Automobile and Other Myths, Randal O’Toole wrote:

Sprawl is one of those invented problems. Low-density suburbanization–which is what people usually mean when they say “sprawl”–not only is not responsible for most of the problems that its critics charge, it is the solution to many of the problems that sprawl opponents claim they want to solve.

The war on sprawl is really a war on American lifestyles. It combines a war on the suburbs that house half of all Americans with a war on the automobiles that carry Americans four out of every five miles they travel. Yet the suburbs provide an ideal medium between rural open spaces and crowded cities while occupying just 2 percent of the nation’s land. Meanwhile, for most urban-length trips, the automobile is the fastest, most convenient, and most economical form of personal transportation ever devised.

Americans live in a wide range of possible lifestyles. A fourth of all U.S. residents live in rural areas away from any cities or towns. Another 10 percent live in small towns that are far from major urban areas. While 65 percent of Americans live in urbanized areas of 50,000 people or more, just a third of those live in the central cities such as New York, Seattle, or Dallas. Urbanized lifestyles range from low-density suburbs through medium-density edge cities to high-density city centers. All of these are valid lifestyle choices and they work for the people who live there.

To be clear, any land use regulation worth of the name is a restriction of property rights.  Interestingly, those same regulations provide a level of protection for the property rights (and property values) of others.  The question is how intensely you regulate.

  • Should local government determine where you should put your dumpster?
  • Should local government determine what color red should be in the Red Lobster sign?
  • Should local government mandate expansive sidewalks, bike lanes and street trees?
  • Should local government encourage economic development by reducing regulation?
  • How much power should neighbors have directing development nearby?
  • How does zoning impact neighborhood ethnic and income diversity?  Should it?

These are the type of questions I hope we get to discuss on Thursday night.  The answers will shape how our community chooses to prosper and grow, or not.

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.

Sunny Day? Albemarle Prohibits Greens, Endorses ‘Green’

By. Neil Williamson, President

What does Albemarle want for the rural areas (95%+) of the county?

On this and other issues, Albemarle County’s Board of Supervisors is putting the fun back into dysfunctional.

Earlier this month, the Supervisors enacted two Rural Area Resolutions of Intent that are as similar as a ten pound bag of gold and a ten pound bag of manure.  Both weigh ten pounds but one is more valuable than the other because the supervisors like it better.

Please let me explain.

First up on April 5th, buried on their consent agenda as attachment “T”, the supervisors decided they don’t like golf, swim and tennis clubs in the rural areas:

WHEREAS, it is desired to implement the Rural Area Chapter of the Comprehensive Plan by removing “swim, golf, tennis, or similar athletic facilities” as a use permitted by special use permit in the Rural Areas zoning district because those uses are no longer consistent with the County’s policies and objectives for the Rural Area

During the Comprehensive Plan discussion (which reads such regulation should be considered) many of the folks opposed to such recreational activities in the rural area have suggested they generate too much traffic and take up too much land mass.  Interestingly, this would effectively ban new golf courses in Albemarle County as we wrote in a piece earlier this month (A Tradition Like No Other–Albemarle Again Seeks to Ban Golf).

So imagine our surprise when the same Board of Supervisors later on the same day used climate change as the justification for changing their regulations regarding rural solar farms.

To be cost effective, these farms will take a large amount of acreage and require significant additional infrastructure.

The sunny view on solar is different than that of swim, golf and tennis clubs.

WHEREAS, the Albemarle County Comprehensive Plan (hereinafter “the Plan”), Chapter Four, Natural Resources, Objective Eight states the County shall, “Recognize changes occurring to the earth’s climate to anticipate and mitigate impacts to the County.”; and

WHEREAS, the County, the City of Charlottesville, and the University of Virginia formed the Local Climate Action Planning Process Steering Committee (hereinafter “LCAPP Committee”) in 2010, which recommended that all three entities integrate the role of energy and carbon emissions in projects and planning and that the entities identify and promote actions that enable the community to reap the health, economic and environmental benefits that accompany sound energy-based decisions; and

WHEREAS, the Board accepted the LCAPP Committee’s recommendations on September 7, 2011; and

WHEREAS, the Plan, Chapter Twelve, Community Facilities, Objective Ten, Strategy 10(a) provides that the County will, “Continue to ensure the adequate provision of electricity, telephone, fiber optics, and natural gas services to support existing and anticipated development in the County through coordination with utility companies”; and

WHEREAS, permitting the siting, development, construction, operation, integration, and decommissioning of large-scale solar energy systems may assist the County’s efforts to achieve the aforementioned objectives in the Plan as well as the LCAPP Committee’s recommendations;

NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare, and good zoning practices, the Albemarle County Board of Supervisors hereby adopts a resolution of intent to consider amending the Albemarle County Zoning Ordinance to achieve the purposes described herein;

So, despite the Comprehensive Plan’s discouragement of commercial activity in the rural areas, it is OK if they like your product or service provided.  As property rights advocates, we believe both uses should be permitted in the rural areas. 

We even agree that a special use permit is an appropriate route to make sure swim golf and tennis clubs as well as solar farms have adequate protections in place to remain harmonious with the surrounding rural areas.

We do not understand how the Board of Supervisors can call for a ban on rural area recreation the same day as they endorse the concept of a commercial field of glass that will require regular maintenance, transmission lines and have equal if not greater significant neighborhood impacts.

Perhaps there are some politics involved in such in-congruent decisions.

Respectfully Submitted,

Neil Williamson, President

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: Sigora Solar via Facebook

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.

5th street station credit NBC29It 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)

open for businessWhile 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

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

————————————

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