Category Archives: land use

Greene Defers Doggone Zoning Changes

By.Brent Wilson, Field Officer

While attempting to follow the direction of the Greene County Board of Supervisors to review the zoning code, the Planning Commission determined they needed additional information, public engagement and increased transparency before moving forward.

Last fall (August 23, 2016) the Greene County Board of Supervisors asked the Planning Commission to review several zoning ordinances in 2017. The memo states that they are to be “reviewed for purposes of correction, modification and elaboration”. At the May 17th meeting of the Planning Commission reviewed how Commercial Kennels, Animal Shelters and Animal Kennels are regulated.

beagle-puppiesCounty Zoning Administrator Bart Svoboda outlined the proposed revisions such as reducing the number of dogs in a commercial kennel from a maximum of 10 down to a maximum of 5 and animal kennels would be limited to less than 5. This would not apply to personal pets. Staff did not provide a justification offered as to why the reduction was being sought.

The Planning Commission discussed the proposed revisions to the ordinances – Commissioner Frank Morris asked Svoboda if breeding puppies would be covered by this change as a business. Svoboda indicated that doing so as a hobby would not be included under the zoning ordinances being discussed. He also suggested that there may be a need for a public work session on the proposed changes. (it should be noted that only three of the five commissioners were in attendance – Chairman Jay Willer, Morris, and William Saunders – a quorum of three).

The session then moved to comments from the public of which there were seven speakers. Several speakers were concerned about restricting property rights by reducing number of dogs allowed. Several other speakers were concerned that this change might place restrictions on hunting dogs. Another speaker expressed concern that he only learned about the proposed ordinance revision the night before the Planning Commission meeting.

Willer explained that notices of the Planning Commission meetings are published in the Greene County Record and also appear on the county’s website. Saunders expressed his appreciation to the turnout on the issue.

Morris suggested that a public workshop to gather information before deciding on revisions to the zoning ordinances. He asked Svoboda how much a Special Use Permit cost and was told each permit cost $500.

Svoboda suggested that the revisions be indefinitely deferred until the Planning staff can further research on how other counties such as Rockingham County handle this issue. He estimated that it would take until the end of the summer to research and gather facts to be ready for a work session. The Planning Commission voted to unanimously to defer the ordinance revisions, to hold one or two public work sessions and then make decisions on how to change the proposed ordinance, if at all.

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

Photo Credit: doglib.com

Ruckersville Rezoning

By. Brent Wilson, Field Officer

Virginia Code requires, absent a proactive rezoning by a locality, property owners must ask for permission (and pay an application fee) to have their property’s zoning changed to match the community vetted Comprehensive Plan.  Last night (4/19) such a request came before the Greene County Planning Commission for a public hearing and recommendation.  After the planning commission recommendation the application then must go to the Board of Supervisors for a public hearing and final zoning determination.

ARA Properties owns two adjoining parcels, each about ¾ of an acre nearclip_image002 Ruckersville behind CVS on Moore Road.

One is currently zones B-2, Business while the other is zoned R-1, Residential (60-(10)-2 – three parcels north of Route 33 east of Ruckersville.

A representative of ARA Properties addressed the Planning Commission at their April meeting and explained that they are requesting the rezoning clip_image004to have both parcels zoned the same – B-2, Business so that they can are more apt to be used for commercial uses.

Chairman Jay Willer opened the hearing to the public but there were no speakers signed up for the hearing. Planning Director Bart Svoboda  advised Willer that no comments were received from the adjoining land owners. In addition, Svoboda went on to explain that the parcel is in a growth area of Greene County which is designated to encourage a mix of commercial, office and residential uses.

Willer stated that he felt this is an appropriate use given the Comprehensive Plan of Greene County and the goal is to have commercial activity in that part of the county. Commissioner John McCloskey added that he was glad to see that the owner came forward to request the rezoning.

The Planning Commission unanimously recommended approval of the rezoning and it will now be forwarded to the Board of Supervisors for their public hearing and final zoning decision.

The April Planning Commission meeting was the first meeting for Commissioner Steven Kruskamp, Jr., taking the place of former Commissioner Vic Schaff.

A Tradition Like No Other–Albemarle Again Seeks to Ban Golf

By. Neil Williamson

Adapted from comments to the Albemarle County Board of Supervisors April 5th, 2017

Wow, did you fit a great deal into today’s consent agenda.

The sheer number of resolutions of intent required almost the entire alphabet for attachments.  Clearly what started as “Code Housekeeping” has been greatly expanded to a seismic shift of Albemarle’s Planning Philosophy. In the interest of time I will highlight only two of these shifts.

Old Trail Golf Course (in the Rural Area)

#1.  Banning golf courses.  Perhaps it is fitting that this week, the week of the Masters golf tournament, the Board of Supervisors is voting on effectively eliminating new golf courses. Attachment T of your consent agenda item item 8.4.

While this proposal would eliminate golf, swim and tennis club special use permits in the Rural Areas, it really would ban golf courses in Albemarle County.  The concept of putting a golf course in the development area would be an economic challenge and would eliminate roughly 200 acres of developable land. The Free Enterprise Forum notes earlier in this meeting you thanked the donors of 1,500 acres of rural area land for a park – does not parkland recreation have many of the same impacts as a golf course?  Perhaps Albemarle wishes to eliminate your rural park policies as well.

#2 Shrinking the Development Area using Net vs. Gross density – This deep in the weeds issue will have the likely intended consequence of lowering by right residential density therefore increasing the demand for rezonings and increasing the cost of housing in the community.  For two decades, we have heard that placing residents in the development areas provides more efficient delivery of government services.  Why now are you going the other direction?  The perhaps unintended consequence of this action will be to significantly reduce the carrying capacity of the development areas and therefore accelerate the need for an expansion of the development areas.

The Free Enterprise Forum believes these two examples can trace their lineage to individualNIMBY-sign-0411b applications (or proposals) that ended up not moving forward.  In these cases the NIMBY’s (Not In My Backyard) won.  Now these same forces are pursuing regulatory changes that are counter to Albemarle’s planning philosophies but suit their needs; rather than pursuing an anti economic development spot zoning decision they are pushing the NIABY (Not In Anybody’s Backyard) agenda.

In this election year, I know this Board will not reject any of the alphabet soup attachments on the consent agenda.  I can only hope that these proposed ordinance changes will be fairly researched and debated by all and that the Board of Supervisors stands up to the CAVE (Citizens Against Virtually Everything) agenda and consider the impact of your decisions on the basic pillars of your planning philosophy.

Thank you for the opportunity to speak.

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: Old Trail Golf Club

Sayonara Shucet

By. Neil Williamson, President

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.

Shucet has most recently served as a consultant to VDOT as a facilitator and problem solver for challenging projects including the Route 29 Solutions panels.

Virginia Transportation Secretary Aubrey Layne said in the ERC News Release:

I know Philip personally and am confident he is the right man for the job.

It does not appear everyone in the Transportation Department was as prepared for Shucet’s sayonara as Secretary Layne.  According to VDOT’s Lou Hatter:

The Route 29 Solutions project team will work through VDOT Commissioner Kilpatrick’s office to develop a plan going forward.

While appreciative of the professionalism and speed of Route 29 solutions project management, the Free Enterprise Forum has been a vocal critic of the meeting tactics and lack of true public engagement offered by Shucet’s panel process.  In our 2014 post Shucet’s Charade – A Public Participation Illusion:

The Route 29 Advisory Panel is, perhaps unwittingly, playing a part in a masterfully orchestrated and expertly conducted illusion of public participation where the questions, concerns and opinions of panel members are being denied or actively dismissed. No votes are taken nor consensus measured. All the while the facilitator is complementing the panel for its incredible positive forward momentum.

In our three years of observation, we have grown to appreciate the charming manner in which Shucet manages (some might say manipulates) meetings and their outcomes.  His pioneering (for VDOT) of video streaming meetings promotes transparency but not participation.  By reviewing e-mails and phone calls received, Shucet can color the manner in which the complaint was made and how VDOT, or the contractor handled it.

As a facilitator extraordinaire, he has stayed true to the “Shucet Six” we first identified in 2014:

  1. Control who is in the group. The number of participants and their representative groups selected to provide appearance of balance of perspectives
  2. Control Content, Agenda and Release of Data Controlling when and where data is released allows the facilitator the opportunity to build “proper context”
  3. Reduce/Eliminate Outside Influences. By removing public comment from the meetings and accepting it only online, Shucet insulates the panel’s meetings from being distracted by a boisterous critic [AKA Citizen]
  4. Demurely Dominate Conversation. Shucet’s down home drawl, overzealous compliments and genteel demeanor seem to engage the entire panel in discussion while his voice is most often heard directing the conversation. In addition, strictly limiting the group meeting time to two hours also helps this technique succeed.
  5. Limit Decision Options. While the Route 29 Advisory Panel was supposedly provided nine options to consider in their first meeting, Shucet brought forward just four options to the second meeting as possibly moving forward based on the “Professional Judgment” [note the word opinion was not used] and screening of the Technical Team.
  6. No Voting and Don’t Ask for Consensus. After three years, how many votes have been taken? None. How many times has consensus been “tested”? Never. The closest is when Shucet indicated he saw a number of heads nodding.

None of this is news and it does not change the fact that Shucet has served in this role well.  Personally and professionally I consider Shucet to be an excellent public servant.  That being said, I also believe he and I see the role of the so called “advisory” panels differently.

This morning blogger Jim Bacon applauded Philip Shucet, Transportation’s First Responder:

Bacon’s bottom line: Most people working the interstices between the public and private sectors are usually looking to line their pockets by trading on their relationships. Philip Shucet is a different breed. Not to say that he hasn’t done well for himself as a businessman and consultant in recent years, but he could work anywhere in the country he chooses and probably make a lot more money. Fortunately for the commonwealth, Shucet, who lives in Virginia Beach, has chosen to dedicate much of his career to public service and tackling some of the biggest, stickiest transportation problems. We’re lucky to have him.

Recently, in a conversation with VDOT officials someone asked me if I believe the blue tourism oriented destination signs, that were offered to impacted US29 businesses made a difference during the Rio/US29 interchange construction.

I indicated that while the signs likely did not change anything significant, they were an important step to let the local businesses know VDOT was aware (and listening) to their very real concerns – perhaps such tepid tranquility is the overall goal of these panels as well.

How and who will replace Shucet in the facilitator role is the challenge for the future, for now we say Sayonara Shucet, we wish you fair winds and following seas.

Respectfully Submitted,

 

Neil Williamson, President

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

Photo Credit: Cvillepedia

Greene Supervisors Receive Updates On Major Projects

By. Brent Wilson, Field Officer

The March 28th Greene County Board of Supervisor meeting was basically an update of major projects in the county. The first update from County Administrator John Barkleyclip_image002 was on the White Run Reservoir and he reported that the team was reviewing the sources of revenue to build the reservoir.

Barkley announced that a work session would be held on April 11th at 6 pm to go over the analysis of future water demand projections and long term revenue sources. Barkley encouraged the public to review the plan on the Greene County website and to attend the April 11th meeting.

The second major project in Greene County is broadband access and was addressed by Supervisor Dale Herring (At-Large). Herring explained that currently surveying is in process – last weekclip_image004 a survey went out with all students report cards to identify who has what level of service. In addition, property owners are also receiving a survey in their property tax bills. By the end of June all of the surveys will be completed and the next phase of planning for broadband will go forward.

Barkley suggested that carriers be invited to attend a meeting to ask them their plans for future connectivity in Greene County.

The last major project reviewed was the upcoming budget for fiscal year 2018. To date, three public workshops have been held and on April 25th a final public hearing will be held. On May 23rd the Greene County Board of Supervisors will meet to adopt the 2018 fiscal budget .

The supervisors decided to hold that meeting at the county office building vs. the Performing Arts Center where that meeting is normally held. The logic is that the county office building is now set up to broadcast the meetings live over the internet and they wanted to have the ability for the most citizens to view the meeting.

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

Albemarle Economic Development X Files

FORUM WATCH EDITORIAL

By. Neil Williamson, President

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.

Please let me explain.

In big ways and small, Albemarle seems to be losing ground.

Losing Faith, Missing Deadlines

When Economic Development Director Faith McClintic resigned in October 2016, Foley stated:

I am pleased that Faith will continue leading the development of the county’s first economic development strategic plan through the plan’s presentation to the Board in mid-December, and we will work with her during that time to assist in her transition to her new job responsibilities in Richmond.

But that did not happen.

In the same article, McClintic seemingly dissed Albemarle stating:

“I have told the county that I will finish the economic development plan so that if they get the political will to do it, they will have a roadmap,” she said. [emphasis added –nw]

Perhaps because of her comments on her way out the door,  McClintic did not complete the work she started.

We now understand a Richmond based consultant has been engaged to conduct stakeholder interviews and complete the economic development strategic plan with a late May delivery date to the Board of Supervisors.

False Expectations

Interestingly, as Albemarle’s Planning Commission seems to want the opportunity to weigh in on all sorts of issues beyond their direct scope of work, I was heartened when the Chairman wrote in an e-mail to the Free Enterprise Forum in Late July 2016:

 

“Last evening (7/26), under New Business (after your departure) the planning commissioners briefly discussed your comments under “matters from the public.” We wonder if you might expand on your thoughts in a 1-3 page “discussion piece” for our review, reflection and comment at a future meeting.

Thank you.

Best regards,

Tim

J. Timothy Keller – At-Large Commissioner and Chair
Albemarle Co. Planning Commission

Never one to turn away an opportunity to participate, I provided my Economic Development Homework Assignment from Albemarle PC.  In the post I posed a simple question:

The question is not only does Albemarle want to compete – the question is does Albemarle want to win?

Then………crickets.

Despite specifically requesting my input for their “review, reflection and comment” the Planning Commission has yet to take up the six basic concepts we raised in our so called “thought paper”.

Perception is Reality

Last week, Virginia Business ran an article about “Getting on the Radar” regarding Richmond’s economic development efforts.  Writer Paula Squires quoted national site consultant Tom Striger who explained why Austin, Texas is not as hot as it once was:

… he referred to Austin as a cautionary tale. For years, it enjoyed the buzz of being a young, hip, university town, and it drew corporate relocations.

Yet when Austin needed to invest in infrastructure, such as building new roads or expanding its airport, the city balked, Stringer said, out of fear of damaging its charm.

That’s where Austin has gone off the rails. People don’t go to Austin anymore. 

It takes three years for a building permit, and there’s no incentives. You have to live 20 miles from the city or put the facility near San Antonio. ‘It’s a privilege to be in Austin.’ That’s the mindset you have to avoid.”[emphasis added –nw]

Sound familiar?

Back in 2015, during the Deschutes Brewery discussion we wrote about Albemarle’s New Day or Arrogance:

 During my daughter’s accepted seniors college tour we heard two types of pitches from the schools she was considering the first “We are a great school, you are lucky to be considered” vs the college president saying directly “If you hear just one thing today please know, we want you here”.  Guess which school we selected. …

…. Please do not return to the Albemarle Arrogance that says to those who want to operate a business “you’re lucky to be here” and instead say you are “open for business” [emphasis added –nw]

Albemarle could benefit from a good hard look in the mirror.

Yes, there are a couple champions for economic development on the Board of Supervisors, but they are not in the majority.

Five months after McClintic’s departure and with Foley now leading Stafford County, Albemarle is without a County Executive, without an Economic Development Director and without a strategic plan to move economic development forward.I still want to believe

But I still want to believe.

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.

VDOT Updates Greene County Supervisors

By. Brent Wilson, Field Officer

Joel DeNunzio, the local Virginia Department of Transportation representative from the Culpeper District, updated http://gcva.granicus.com/MetaViewer.php?view_id=1&event_id=51&meta_id=1565 the Greene County Board of Supervisors at their second meeting of January.

Two transportation projects received funding from the VDOT’s new Smart Scale funding program.  The scoring program is relatively complex but is transparent.  According to VDOT:

Virginia’s SMART SCALE (§33.2-214.1) is about picking the right transportation projects for funding and ensuring the best use of limited tax dollars. It is the method of scoring planned projects included in VTrans that are funded by HB 1887. Transportation projects are scored based on an objective, outcome-based process that is transparent to the public and allows decision-makers to be held accountable to taxpayers. Once projects are scored and prioritized, the Commonwealth Transportation Board (CTB) has the best information possible to select the right projects for funding.

clip_image003

US29/Route 33

The first Greene County Smart Scale project funded addresses the upgrade to the southeast corner of the Routes 29/33 intersection based on congestion mitigation, safety and economic development. DeNunzio explained that this project was submitted in the Fiscal Year 2017 and has been funded. VDOT is meeting with the contractor with a targeted completion date of December, 2020.

clip_image001

Joel DeNunzio

The second project DeNunzio discussed was the paving of Route 630 / Beazley Road which is to be started by July of this year.

As for construction projects, the main concern is the intersection of Route 29 and Route 607 / Matthew Mill Road. This is one of the most congested intersections in Greene County and the work will begin this summer and should be completed by September, 2017 as it also included in the Smart Scale program in Fiscal Year 2017 and has been funded.

Another concern is the speed on Preddy Creek Road, especially on the curves. Under State law where there is no posted speed limit, by default the speed limit is 55 mph. Discussion centered on whether a speed limit of 35 mph should be posted on the curves and whether drivers would actually slow down. Over the last year the Greene County Sheriff has placed speed enforcement units on Preddy Creek Road.  What was unclear from the Board discussion was why there should be a concern to post a lower speed limit on dangerous curves

A comment from the public brought up the unpaved Ice House Road and DeNunzio agreed that it should be paved. County Administrator John Barkley indicated to Jessica and James Maupin that he would contact them when this issue would be discussed again.

Supervisor Jim Frydl (Midway) then asked DeNunzio if the mobile speed signs that he has seen in other counties could be used in Greene County. DeNunzio agreed that they may help in certain areas and he said that he would work with Sheriff Steve Smith to partner with them to acquire the signs for Greene’s use at a cost of about $5,000 each.

Supervisor Bill Martin (Stanardsville) again expressed his concern about materials left by VDOT and asked that the remaining materials at the northwest corner of the Route 33 Bypass and Swift Run Road be removed. DeNunzio has had the metals removed but committed to have the remaining materials removed.

The final issue discussed with DeNunzio was the possibility of the connector road that was designed in the Preddy Creek project on Route 29. When the project was designed it showed a connector road from Route 29 northbound going through to Matthew Mills Road.

Only a fraction of this project has been completed – the apartment complex. The proposed 1,100 homes and businesses have not been constructed. Chairman Michelle Flynn (Ruckersville) asked Planning Director Bart Svoboda if the connector road would have to be built if the project was completed. Svoboda indicated that the road would need to be built.

A further question from Flynn asked could funds from another project be redirected to provide this road. DeNunzio clarified that funds cannot be redirected to other projects but each project would have to re-apply for funds that specific project.

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

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

By. Neil Williamson, President

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

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

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

Please let me explain.

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

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

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

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

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

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

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

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

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

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

Less Affordable Housing

Higher Property Values

Less Flexibility

Faster Development

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

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

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

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

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

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

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

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

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

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

As Dorothy told the Lion:

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

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

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

Will you give such bold direction today?

Respectfully Submitted,

Neil Williamson

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

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

March Madness–Albemarle’s Planning Philosophy

FORUM WATCH EDITORIAL

By. Neil Williamson, President

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

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

Please let me explain.

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

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

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

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

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

Additional reasons for my vote:

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

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

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

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

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

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

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

8.26 Albemarle Comprehensive Plan Clear Boundaries with the Rural Area

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

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

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

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

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

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

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

transect

 

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

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

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

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

Respectfully submitted,

 

Neil Williamson

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

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

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

By. Bryan Rothamel, Field Officer

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

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

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

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

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

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

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

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

Eager2016Cropped

Patricia Eager

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

The rezoning passed unanimously.

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

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

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

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


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

Bryan Rothamel covers Fluvanna County for the Free Enterprise Forum

Photo Credit: Fluvanna County, Foster Fuels