Category Archives: economic development

Albemarle Answers Rain Tax Questions (Part II)

By. Neil Williamson, President

PrintIn preparation for an April 11th work session, Albemarle County has released a set of answers to Frequently Asked Questions (FAQ’s) regarding their proposed Stormwater Utility Fee (AKA RAIN TAX).  Generally, we support good information getting out to the public on such an important issue.  Unfortunately there was some clear political spin to some of the answers – not untruths, but spin.  This is the second in a series of blog posts to unpack the answers.

Today’s question ‘Why has a stormwater utility been recommended as the funding mechanism?’

Albemarle’s FAQ’s response:

A stormwater utility has the following advantages:

· Fairness – A utility fee based on a property’s impervious area more closely relates to the demand a property places on the stormwater system and on water resource protection efforts than its real estate property value. For that reason, a utility is considered a fairer way to allocate total program costs to individual properties.

· Stability – A utility will result in a dependable and steady revenue stream that grows with the community; this stability will allow for long-term program development and planning for capital investments.

· Regulatory preference – A dedicated funding source is preferred by federal and state regulators and would create advantages for the County when being audited or applying for grants.

· Wider funding base – Government- and tax-exempt- properties – charged under a utility but not charged taxes – contribute to the stormwater and pollution burden.

So we have four advantages to unpack: Fairness, Stability, Regulatory Preference and a wider funding base.

Fairness is a bit difficult to measure but let’s fist look at the current funding mchanism.  Today, all county taxpayers contribute $.007 of the property tax rate is dedicated to stormwater.

This cost allocation system is the same for schools, public safety, and most other government functions.  Suggesting a user fee is a very different concept.  Imagine if this was how we funded schools, the couple across the street do not have any children, why should they pay for schools?

Is the current funding mechanism ‘fair’?

Albemarle’s FAQs suggest that the proposed rain tax impervious surface calculation more closely relates to the demands placed on the system is a challenge as well.  Nothing in the calculation considers property context.

Consider the Google maps captures below:

White hall google map sugar hollow rdRolkin Road Google maps

The capture on the left is in the White Hall District in Sugar Hollow surrounded by forested lands, the photo on the right is Rolkin Road on Pantops, ignoring the variation in the amount of impervious surface in each photo, does using the same billing unit for these two instances the same make logical sense?   Which photo has more impact on Albemarle County’s stormwater infrastructure?  The home in the rural countryside or the urban ring townhouse?

Albemarle County FAQs indicate the proposed rain tax will result in a steady revenue stream that grows with the community.  The only thing stopping this from happening under the existing funding system is political will of 4 supervisors (the number needed for action).  Such political will has existed in recent years, evidenced by the $.007 dedicated to storm water in the current budget.

Albemarle FAQs suggest the proposed rain tax was selected because of a “Regulatory Preference” and that the proposed rain tax will ‘create advantages when audited or applying for grants’.  The Free Enterprise Forum wishes to be perfectly clear – the proposed rain tax is NOT mandated by any governmental agency.  Among regulators some preference may exist but the regulation relates to the projects not how the projects are funded. Albemarle can say “no” to the proposed rain tax and have a very successful stormwater program.

The last bullet ‘wider funding base’ is perhaps the most jarring. Government and tax exempt properties may be charged under the proposed rain tax but not charged taxes.  This means Albemarle County will have to pay the proposed rain tax on all of their properties (including schools), these funds will come out of the general fund creating a need for more tax dollars to pay for those costs.

In addition, rural churches, often with impervious gravel parking lots will need to spend hundreds of dollars annually either through higher contributions or by cutting ministries in the community.

PrintThe proposed rain tax is not a fair allocation of costs as it does not consider parcel context in its calculations.  Stormwater management is not a utility it is a public service.  The costs should be shared via the general fund not the proposed rain tax.

Respectfully Submitted,

Neil Williamson, President

Photo Credits: Google (accessed 3/19/18)







Albemarle’s RAIN TAX Bureaucracy

By. Neil Williamson, President

PrintIn preparation for an April 11th work session, Albemarle County has released a set of answers to Frequently Asked Questions (FAQ’s) regarding their proposed Stormwater Utility Fee (AKA RAIN TAX).  Generally, we support good information getting out to the public on such an important issue.  Unfortunately there were some clear political spin to some of the answers – not untruths, but spin.  This is the first in a series of blog posts to unpack the answers.

Today’s question ‘Will the stormwater utility result in the creation of a new bureaucracy?’ 

Albemarle’s FAQ’s response:

A stormwater utility will not result in the creation of a separate organization or a new County department. Revenues from the utility will be used to support existing staff and mandated programs related to stormwater management and water resource protection, as well as some program enhancements to better achieve County needs and goals [link to below “New Programs”]. Administration of the utility is expected to require the equivalent of about one-half additional staff. [Emphasis added-nw]

To be fair, like a good politician, Albemarle did not answer the yes/no question posed.  Perhaps we have a different definition of bureaucracy.  Merriam-Webster defines it as follows:


In the answer above,  Albemarle references the revenues will be used to “support existing staff”; true but not complete.  The program budget projects staff INCREASES from the current  ~16.5 Full Time Equivalents (FTE) to 23.4 staff in FY28 (nearly a 42% increase).  But note there is not a new department.

Albemarle’s Stormwater Utility Program’s 10 year budget is $52 Million dollars But note there is no new department.

The program budget approved by the Board of Supervisors included two line items that we think of as bureaucratic (absent the fee they are not needed):  Program Management/Administration and Regulation and Enforcement.

Albemarle County’s program budget (chart below) shows that roughly 1/3 of every dollar generated by the RAIN TAX foes to these two line items.  That between $1.2 – $2 million dollars annually.   The Free Enterprise Forum contends absent this funding mechanism, those funds could be used for stormwater infrastructure if they were not being spent on administration and enforcement.

2018-03-15 14_00_44-Rain Tax Figures - Excel

Let’s the question for the class; ‘Will the stormwater utility result in the creation of a new bureaucracy?’

PrintYES!  The Free Enterprise Forum believes the RAIN TAX will create a new bureaucracy (but not a new department).  The storm water mitigation credits allowed by the RAIN TAX will need to be verified at installation and regularly inspected to ensure proper compliance.  In addition, the mapping services required to make parcel corrections and other adjustments will be most significant in the first five years.  While we can understand some considering this work a part of the stormwater protection, we contend this specific, bureaucratic work would not be required if this funding mechanism was not used.

To paraphrase William Shakespeare, “A bureaucracy by any other name would smell as sweet”

Respectfully Submitted,

Neil Williamson


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

Fluvanna Supervisors Work Budget & Encourage Economic Development

By. Bryan Rothamel, Field Officer

The local government budget season is nearing its climax. On March 14, the Fluvanna County  Board of Supervisors will meet to pick a tax rate to advertise.  Once advertised, the rate can be reduced but it can not be increased.

BOS FRONT (L-R): Mozell Booker (Vice Chair), Patricia Eager REAR (L-R): Don Weaver, Mike Sheridan (Chair), Tony O'Brien

Fluvanna County Board of Supervisors

The supervisors will meet for a work session at 7 p.m. but expect a long night. This will be the first time the supervisors go line by line to determine what should and should not be in the budget.

The county administrator proposed nearly a three cent increase in real property tax in his budget. Steve Nichols didn’t include any additional money for the schools in his budget.

The School Board unanimously passed a budget that requested an additional $1 million in local funding. The largest portion of the request includes $700,000 for salary increases.

Nichols’ budget also doesn’t any salary increases for the county staff. It does include one additional staff member but the departments requested four new positions.

The county’s budget situation will only get tighter in future years without new development. The proposed LKQ salvage yard is estimated to bring in about $300,000 of tax revenue, the equivalent of a penny of real estate taxes for all land owners.

The supervisors have actively followed staff recommendations to make development easier. Besides the Shovel Ready Sites program passing, the county made a change to collection of the land use back taxes for the Zion Crossroads community planning area.

The old rule was when a property changed zoning, it was out of the land use program. The owner would then have to pay five years of back taxes. The recently passed rule is the landowner can request a zoning change, the zoning change can occur but paying five years worth of taxes is not collected until the use of the land changes.

The problem was previously landowners trying to sell and develop land had to pay for zoning changes plus the five years of taxes before even listed the property for sale. Now the landowner can factor in paying the taxes into the sale of the property. Plus, the “five years of back taxes” may include the new zoning. Commercial land is valued higher than agriculture.

Supervisors also reduced fees to rezone. Applications to rezone now will only cost $1,000. Previously they cost $1,000 plus $50 per acre. If a property owner has multiple parcels to rezone but submits one application, it is still just $1,000.

The next supervisor meeting is the budget work session on March 14. It is shaping up to be a long one, bring snacks if coming. Cookies will probably be available.

The Free Enterprise Forum’s coverage of Fluvanna County is provided by a grant from the Charlottesville Area Association of REALTORS® and by the support of readers like you.

Bryan Rothamel covers Fluvanna County for the Free Enterprise Forum

Photo Credits: Fluvanna County

Greene Planning Commission Considers Expanding Tourism

By. Brent Wilson, Field Officer

Greene County’s Board of Supervisors asked the Planning Commission to look at including Tourist Lodging in the Residential (R-1) zoning district. Planner Stephanie Golon outlined the proposed revision to the zoning ordinance explaining that several citizens have requested this change to have Travel Lodging as a by right use.

Golon explained that Transit Occupational Tax (TOT)  has increased the past three years from $174,000 to last year hitting $226,000. Tourist Lodging is defined as having no more than 5 guest rooms in each structure and no more than 4 events can be held per year. Most of the R-1 areas are Ruckersville, Stanardsville, Dyke, Lydia and subdivisions such as Greene Mountain Lake.

Some negative aspects of this use is that it takes away from commercial lodging and the transient nature of the dwelling takes away from the nature of a residential neighborhood. Golon also clarified that a development’s HOA (homeowners association) may have more stringent rules than the county which might bar tourism lodging in their neighborhood.

Chairman Jay Willer clarified that most of the funds go to support tourism rather than come to the county as tax revenue. Ms. Golon added that the Commissioner of Revenue works with owners of the properties to collect the proper taxes. Also, each property must be in compliance and pay the proper taxes to have their property advertised by the EDA.

Willer’s main concern was the granting of four (4) events per year in a residential neighborhood and he would prefer that a Special Use Permit (SUP) be required in order to hold an event in R-1. Planning Director Bart Svoboda explained that there is a 100 foot set back requirement but Willer still had a concern that noise isn’t limited to 100 feet.

Willer agreed that some properties may be large enough to allow the event with minimal noise problems, but others in dense neighborhoods would have the noise carry to many properties. If the revision is allowed then there is no control while a SUP will provide flexibility in deciding to allow the event or not. After discussion with the Commission, Svoboda and Golon it was unanimously agreed to defer action until next month and the staff would add the SUP requirement for the R-1 zone.

Brent Wilson is the Greene County Field Officer for the Free Enterprise Forum a privately funded public policy organization.  The Free Enterprise Forum Field Officer program is funded by a generous grant from the Charlottesville Area Association of REALTORS® (CAAR) and by readers like you.  To support this important work please donate online at

Business Vitality Sustains Better Communities


By. Neil Williamson, President

In recent weeks, we have heard several calls to slow economic development and advancement in our community.  Many of these calls are accompanied by concerns of gentrification, income inequality and economic fairness. These calls have manifested themselves in vocal opposition to pro-business policies.  The Free Enterprise Forum believes a flourishing business sector is mission critical to creating a vibrant community; beyond the financial benefit a diverse, successful business community generates a positive, accepting, thriving community.  image

The Charlottesville Regional Chamber of Commerce recently released the 2017 Sales tax data.  This empirical data does not capture all local economic activity but provides an objective metric to the overall health of the economy.

The reality is, using a ten year lens, all of our localities have increased their sales tax base.  The percent increase is largest in those areas which previously had very little retail but all localities see growth in the last decade.

It is into this context, that I read this morning’s Washington Post opinion piece by economic writer Robert SamuelsonThe political consequences of slower growth”.  In his piece, Samuelson defines the import of economic growth:

The role of economic growth in advanced democracies is not mainly the accumulation of more material goods. By any historical norm, even today’s poor are staggeringly wealthy. Economic growth plays a more subtle role. It gives people a sense that they are getting ahead and are in control of their lives. It serves as the social glue that holds us together and counteracts — to some extent — the influences of race, class, religion, ethnicity and geography, which drive us apart. emphasis added-nw

The Free Enterprise Forum believes the same socioeconomic theory works on the local level and has a correlated counter theory.See the source image  The higher the citizen confidence in their local economy regarding opportunity as well as job growth, tensions between often competing factions are reduced.

If however, the political environment highlights the divisions between groups and accentuates an ‘us vs. them’ mentality, then despite economic positives, citizen confidence generally drops and a drop in economic vitality soon follows.

Earlier this month, Charlottesville City Councilor Wes Bellamy was quoted by Charlottesville Tomorrow’s Sean Tubbs chiding an applicant about a requested density increase in the West2nd rezoning:

“Some would say you have made a lot of money in this city and because you have already made so much, maybe you could give one back to us,” Bellamy said.

Later in the month, in a presentation to the Charlottesville’s Housing Summit City Principal Planner Brian Haluska provided an inadvertent counter to Bellamy’s Anti-Profit position:

A developer that does not make a profit is a developer that won’t be around for long

Profit has a place in our economic growth engine.  Absent the opportunity to add value, why would investors put their resources at risk.  Absent cooperation from the localities, market demanded projects (residential and commercial) will be financed and developed ‘by right’ making the well funded vision of localities comprehensive plans nothing but a mirage.

Samuelson’s piece concluded by projecting the influence a declining rate of economic growth has on society:

We should also remember the larger role played by the economy in shaping the nation’s political and social climate. Unless we are able to raise the rate of economic growth — a task whose inherent difficulty ought to be obvious by now — we face an increasingly contentious and politically strained future.

We can expect intensifying competition among Americans (the rich and the poor, the young and the old, cities and states, businesses and governments) for ever-larger shares of the nation’s slow-growing income. We’ll also miss the muffling effect that higher economic growth has on the nation’s other conflicts and grievances.

While I may differ regarding the verbiage “muffling effect”, the sentiment is clear; a community that has economic growth tends to be more cohesive, collaborative, congenial, and accepting.  The community that lacks such economic vitality tends to be more combative, restrictive and protectionist.

The question for our communities is do we want to spend resources fighting for “our” slice of the pie or should we work together to increase the size of the community pie?

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:

Over 1/3 of Albemarle’s Entrance Corridors Are Illegal

By. Neil Williamson, President

On January 16th, 2018, both the Albemarle County Architectural Review Board (ARB) and Planning Commission went into to closed sessions “to be briefed by legal counsel related to a zoning overlay district”  — we now know what that was about.

The Free Enterprise Forum has learned that eight of Albemarle County twenty-one Entrance Corridors fail to meet the state requirements for such designation.  Some of these have been in violation since inception in 1990.  This revelation, made by staff, calls into question the legality and enforceability of any ARB conditions placed on properties along the eight illegal entrance corridors.

First a little background:

On October 3, 1990 Albemarle County held a public hearing on the proposed Entrance Corridor Guidelines [and the Architectural Review Board].  In that hearing, Mr. Andrew Dracopoli raised concerns about the proposed ordinance:

“is concerned that the ordinance has “sprouted wings”.  It seems like almost every road in the County has become a part of this ordinance whereas when it originally came up, it had only five or six roads.  He would like to see it scaled back to just major roads.”

Today, almost 28 years later, Mr. Dracopoli is proven correct.

According to county staff, during a routine preapplication meeting, a question came up regarding the posted speed limit on the entrance corridor.  Staff researched the issue and determined both the speed limit and that the roadway was not an “arterial street”.

Virginia Code §15.2-2306 enables localities to establish entrance corridor districts encompassing parcels contiguous to arterial streets and highways found to be significant routes of tourist access to the county and to designated historic landmarks, structures, or districts within the county

This revelation, led staff to research each of the current twenty-one entrance corridor designated roadways and found eight did not meet the state “arterial” requirement.

To their credit, staff has prepared a resolution of intent the Board of Supervisors will consider in their February 7th meeting.  The purpose of this resolution is to revise the Entrance Corridor Ordinance removing those roadways that do not qualify as arterials.  The following roadways will no longer be under ARB jurisdiction (nor ever should have been)

Non-Arterial Corridors: Avon St Ext (Rt.742), Barracks Rd (Rt.654), Irish Rd (Rt. 6), Thomas Jefferson Parkway (Rt.53)

Corridors with mixed classifications:5th St and Old Lynchburg Rd (RT. 631), Louisa Rd (Rt.22), Richmond Rd (Rt.250), Stoney Point Rd (Rt. 20)

The Free Enterprise Forum has written extensively about overreach at the ARB – including our 27 page report:  Eye of the Beholder – Albemarle County’s Architectural Review Board’s Mission Creep. While we understand the goals and objectives of the ARB and the Entrance Corridors, we believe Albemarle has, since 1990, vastly exceeded the intentions of the enabling legislation.

Today we see many positive signs as Albemarle staff is looking to do the right thing by repealing the illegal designations.  Perhaps now, as a community, we can look to limiting ARB purview to the five or six roads Mr. Dracopoli mentioned in his 1990 testimony.

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:


Greene Supervisors Decline US 29 Residential Rezone

By. Brent Wilson, Field Officer

Significant public policy issues including affordable housing, economic development and commercial capacity were all part of Tuesday night’s Greene County Board of Supervisors’ rezoning public hearing. A standing room only crowd as well as several media outlets were on hand to hear an unsuccessful rezoning request and, then if rezoing were approved, a request for a Special Use Permit.

Back in December the Greene County Planning Commission voted 4-1 (Morris opposed) to recommend approval of the Mark-Dana Corporation request to rezone of a tract of 8 acres in Ruckersville from B-2, Business to R-2 , Residential.  The current owners of the property are John and Wanda Melone of the Melone Family Trust who plan on selling the property to the Mark-Dana Corporation to be developed.

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

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


Andrea Whitmarsh

Projected residential growth of the county is expected and is part of the schools justification for expanding the school system. However, the development could generate up to $1.2 million in tap fees to access the public water system.


David Koogler

Next David Koogler, chairman of the Mark-Dana Corporation,  gave the Supervisors some background of his company. His mother, father and Sister – Dana – operate the company that was started in the 1980’s when President Reagan signed low income housing into law. They have done similar projects in Virginia and Texas and they live in Grottoes, VA.

Jack Melone, one of the owners of the property, then addressed the Board. He explained that the parcel was originally zoned Agricultural, the front part then was rezoned to B-2 and later the county changed all of the zoning to B-2.  Melone stated that this rezone to B-2 has brought about a significant tax increase for him and his family.

The hearing then was open to the public with 12 people commenting and all but two asked that the Supervisors decline the rezoning with the major reason being that it would be take away from business property along Route 29. However, Simon Fiscus Director of Skyline CAP spoke in favor of the project as a way to provide more low income housing for the county.

Several of those opposed to the project agreed that low income housing in Greene County is needed, but not in this location – a prime business location. Others opposed the rezone since the county has already signed up for large expenditures for a water supply and school expansion. The consensus was that adding more people would aggravate both of these issues.

The other issue made by Bill Gentry a realtor with Jefferson Land & Realty in Madison in favor of the rezone was that commercial development looks at rooftops to determine if there is enough demand to support their business. He cited the Lamb property that has set vacant for decades and other parcels that have similar situations. The rezone and the proposed development would help attract more development.


Bill Gentry

The meeting then shifted to a discussion amongst the Board members. Supervisor Bill Martin asked Golon if the access to the parcel being considered would be through the frontage rather than by some connector in the rear. Golon indicated it is planned to access through the front of the property. Martin further stated that he supports affordable housing and Greene County needs it. However, this property is better suited as B-2, Business.

Supervisor Dale Herring agreed that the property should stay B-2 and that in the long run – 20 to 30 years – the property will better serve the county as currently zoned. Greene needs affordable house, but somewhere else.

Supervisor David Cox brought up another issue that he is not in favor of split zoning and that this would go against developing a business district. The Supervisors unanimously agreed to not approve the zoning request.

At this point Chairperson Michelle Flynn asked Koogler if he wanted to pursue the Special Use Permit.  Koogler said no but he asked to address the Board. He stated that this is the third parcel he has brought before the Supervisors in Greene and all have been disapproved. He stated that his company’s projects do attract businesses. His final request was – would the county please point him to a parcel that would meet the approval of the Supervisors so that his company can bring affordable housing to Greene County


Alan Yost

Hopefully Greene County can have Economic Development Director Alan Yost and the EDA help identify a viable parcel for this development. As for the specific parcel of Melone, he has previously stated that the tax burden of the property is not sustainable for him. While the county may want commercial development on the parcel – Melone he has tried for years to develop it with business developers, unsuccessfully – he may have to find another way to dispose of the property.

Brent Wilson is the Greene County Field Officer for the Free Enterprise Forum a privately funded public policy organization.  The Free Enterprise Forum Field Officer program is funded by a generous grant from the Charlottesville Area Association of REALTORS® (CAAR) and by readers like you.  To support this important work please donate online at

Free Enterprise Forum 2017 Top 10

By. Neil Williamson

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

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

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

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

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

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


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

canary in coal mine photo credit share.america.govWhile it is heartening to see Charlottesville position parking meters as a “pilot” and only a part of the parking solutions considered.. . Available parking is the life’s blood of most small businesses.

… The Free Enterprise Forum hopes the City Council will pay attention when the canary stops singing – local businesses (as well as the jobs and taxes they generate) will be at risk.

#8 The Wizard of Oz and the Rio/29 Small Area Plan March 1, 2017

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

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

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

Frederick Fleet photo credit 123people….Considering the current [Charlottesville] climate, I am reminded of Titanic crewman (and survivor) Frederick Fleet who was on duty when he saw a black mass ahead of the ship. He struck three bells and telephoned the bridge. Though the ship swung out of the way, he watched as an iceberg scraped the starboard side.

The Free Enterprise Forum is ringing the bell.

We fear this ill timed, but worthy, Form Based Charrette exercise will be met with a similar fate.

It is a shame.

#6 Fixing Charlottesville NDS Engine Light February 16, 2017

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

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

#5 Albemarle Economic Development X Files March 29, 2017

i want to believeAlbemarle County says that it is in favor of economic development.  The former County Executive Tom Foley went so far as to say it is a “new day in Albemarle” regarding being open for business.  A couple of supervisors have even gone on the road attempting to drum up public support for economic vitality.

I find myself thinking of the 1990’s science fiction series the X-files where two FBI agents, Fox Mulder the believer and Dana Scully the skeptic, investigate the strange and unexplained, while hidden forces work to impede their efforts.

Just as Fox Mulder in the X-Files, I want to believe Albemarle, but the facts keep getting in the way.

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

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

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

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

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

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

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


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

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

See the source image

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

#1 Sayonara Shucet March 31, 2017

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

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


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

BRING ON 2018!

Respectfully Submitted,

Neil Williamson, President

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

Fluvanna Ponders Proactive Rezoning for Economic Development Prospect

By. Bryan Rothamel, Field Officer

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

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

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

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

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

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

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

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

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

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

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

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


The Free Enterprise Forum’s coverage of Fluvanna County is provided by a grant from the Charlottesville Area Association of REALTORS®and by the support of readers like you.

Bryan Rothamel covers Fluvanna County for the Free Enterprise Forum

Photo Credits: Automotive Recyclers Association

Rudolph the Form Based Code

Testimony to Albemarle County Planning Commission December 18, 2017

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

rudolph the form based code

Rudolph the Form Based Code

You know Residential, Commercial, Industrial and Mixed Use,

Urban and Rural and Multi-Family and Historic

But do you recall?

The most hyped up zoning code of all?


Rudolph the Form Based Code

Had a most prescriptive, aesthetic design

And if ANYONE ever fully understood it,

They might even say it shinedSee the source image


All of the other zoning codes 

Used to laugh and call him names;

They never let poor Rudolph 

Join in any Euclidian Land Use GamesSee the source image


After a long, contentious, municipal meeting,

The tired elected official came to say

Rudolph with your building forms and street standards so tight

Won’t you spark our anemic economic development tonight


Then how the other codes despised him,

As they shouted out with mock glee

Rudolph the Form Based Code

“The rest of us are history”.


Merry Christmas Everyone!


Respectfully Submitted,

Neil Williamson


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

Photo Credits:,,