Category Archives: land use

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

Albemarle Passes The Bucks ($1.4 Million) To Unelected CACs

By Neil Williamson, President

piggy-bankIn Wednesday’s (2/1) meeting, without so much as a formal public hearing, Albemarle County’s Board of Supervisors plans to send a $1.4 million dollar piggy bank to the unelected Citizen Advisory Councils so that the elected officials don’t have to make the hard budget choices.

Nothing they are doing is illegal, it’s just not right.  Please let me explain.

Albemarle’s annual Capital Improvement Plan (CIP) Budget is laborious and involves significant number of staff hours to determine the staff priority for Capital projects such as vehicles, buildings and renovations.

Over the last 13 years the Free Enterprise Forum has been impressed with the level of detail and careful consideration the CIP committee (including citizen representation and 2 elected BOS members) have put into these discussions.  There have been times when one geographic portion of the development areas had CIP projects that garnered higher scores by the committee and these were funded rather than less urgent projects.

The new “Neighborhood Funding Initiative” would siphon off $1.4 million of the annual CIP budget and allocate it geographically and by population.  The staff has proposed a formula to accomplish this task:

17-155 - Proposed Allocation of Funding - View

Staff has simply developed this Board driven concept.  In fact, the staff report hints at a better manner to utilize citizen involvement along with the elected officials within the current CIP process.

staff has conducted best practices research which is summarized as Attachment A that revealed that the majority of these types of community focused improvement funding programs fall into three basic categories:  neighborhood matching grants; formal citizen involvement in capital planning; and citizen-driven Capital Improvement Programs. After hearing the Board’s discussion, staff thinks that the third category may most clearly align with the Board’s preferences, so the program has been designed along those lines.  If the Board would like this program to be more closely incorporated in the already existing CIP review, evaluation and ranking process that would be another viable approach.

The Free Enterprise Forum has long been a critic of the unelected CACs.

In 2009 we wrote:

The Free Enterprise Forum believes citizen groups (including us) should have the ability to be active participants in the workings of local government.  That being said, we are increasingly concerned that the leadership function of some Boards and Commissions may be inappropriately delegating to community organizations.

With the proposed policy change, beyond effective regulatory veto power over development projects that would advance the community vetted comprehensive plan, Albemarle now seems poised to give these unelected “mission creeping” Citizen Advisory Councils the county purse strings as well.

As the Supervisors continue to delegate, I wonder what will be left for them to do … besides run for reelection.

As we said in 2009:

In the end, elected leaders must lead, not delegate, if citizens don’t like the direction they should replace the leaders.

The more things change, the more they stay the same.  Stay tuned.

Respectfully Submitted,

 

Neil Williamson

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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 and Nelson County.  For more information visit the website www.freeenterpriseforum.org

Greene PC Recommends Approval of Church Office At US29/33

By. Brent Wilson, Field Officer

clip_image003At their January meeting the Greene County  heard a request for a special use permit (SUP #15-009)  to allow the northwest corner of Route 29 and Route 33 to “have meeting places for clubs, fraternal and civic organizations” as listed in Article 4-1-2-15 where the Music Store was formerly located.

Zoning Administrator Bart Svoboda reviewed the request for the parcel that is oddly zoned A-1, Agricultural, even though it is on the busiest corner in Greene County. Since the parcel is not zoned business like the clip_image002other three corners, it requires a Special Use Permit in order to allow a church to have an office locate in the two story building on the corner.

While the SUP request is for the 2.41 acres, the Legacy Church (who wants to rent the building as an office) is only looking to use the building where the Music Store was formerly located.

Svoboda went on to explain that the parcel is an odd “L” shape and the building is on the narrow portion of the lot that touches the northwest corner in Ruckersville. The larger portion of the lot continues up Route 29 north and in behind the Greene House Shops and the Jack Shops Restaurant. And he clarified that he recommends that the SUP only be for the two story building, not the motel rooms running up US29 north.

Commissiclip_image006oner Vic Schaff asked Svoboda that if the property were to rezoned to B-1, would the use being requested tonight be changed to a by right use. Svoboda agreed and stated that the SUP would then be void.

Ken Lawson from Grandview Real Estate Services addressed the commissioner and addressed only an issue brought up by the Health Department. The Health Department expressed concerns about the use of the septic system but Lawson clarified that the use is only for the “Music Store” and not the motel rooms. Lawson further clarified he contacted the Health Department and clarified this issue with them and they revised their report to have no problem with using the current septic system that the Music Store used as there would be similar demand on the system.

Chairman Jay Willer asked Lawson if there were any plans to use the motel rooms in the future and he said they did not plan on using the rooms. He further explained that the owners plan on selling the property but wanted to acquire the SUP to get a tenant in the short term.

Commission John McCloskey asked if the church would hook up to the county sewer system. Lawson stated that while they could hook up with a connection line to the pump station, the less expensive option is to use the existing septic system which is their plan.

Willer asked Svoboda if a developer bought the property and built a new structure would they be required to hook up to the septic system and the answer was yes. Svoboda went on to say that the county hopes the parcel is rezoned to business which would increase the uses allowed.

The Planning Commission unanimously recommended approval of the SUP request and the request will go to the Board of Supervisors for their decision. The question that remains is why is this parcel still zoned Agricultural instead of Business?

The argument goes both ways: leaving it Agricultural is less expensive to request a SUP than to have the property rezoned Business. However, many potential buyers may be attracted to a parcel that is zoned for business and that is what the county wants on the land.  This is one of many commercial looking properties that are on Agricultural land in Greene County.

The real issue is the odd shape of the parcel – the “L” shape significantly limits what can be built on the narrow portion that touches the corner of Route 29/33. Would the Greene House Shops/Jack Shop Restaurant lot, which lies to the west of the parcel, be able to use the corner piece of the property for parking?

Hopefully, a long term solution can be found for this property that meets Greene County’s and the property owner’s long term objectives for this important corner of Ruckersville.

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

Fluvanna Approves New Townhouses

By. Bryan Rothamel, Field Officer

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

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

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

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

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

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

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

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

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

Eager was the lone vote against the development.

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

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

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

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

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


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

Bryan Rothamel covers Fluvanna County for the Free Enterprise Forum

Albemarle Prefers Pigs over Pinot

By. Neil Williamson, President

Albemarle County has a large number of wineries and vineyards as a part of its agricultural economy.  The Monticello Wine Trail, which includes all of Albemarle, produces roughly 1/2 of all the wine produced in the Commonwealth.

According to the Washington Post:

Virginia ranks fifth in the nation in the number of wineries — with more than 255 — and is the nation’s fifth-largest wine grape producer, officials said. According to a 2011 economic impact study, the wine industry contributes almost $750 million to the state’s economy on an annual basis.

More than 1.6 million tourists visited Virginia wineries in 2013.

Albemarle County’s official website includes a page to “Discover your Albemarle Crush”

pigsWhy then is Albemarle now proposing new regulations that prefer swine over wine?

If the proposed regulations are adopted, a landowner may have a pig pen directly on the property line but a tasting room, parking lot or even a tent for a winery event must be set back 125’.

Rather than valuing the viticultural operations and allowing these rural farms to operate most efficiently (including events), Albemarle is seeking to dictate many of the business decisions including, tent setbacks, hours of operation and even how they bottle their product.

But this is FAR beyond the Supervisors original intent.

Please let me explain.

Last March, the Board of Supervisors determined that they wanted to create a more direct linkage between Albemarle County agricultural use and the ability to hold events at farm wineries, farm breweries, and farm distilleries (FWBDs).

The 1979 Virginia state law, which was designed to promote viticulture in the state, allows farm wineries to utilize leased vineyards anywhere in the state.  Albemarle, seeing to promote viticulture in Albemarle and prevent “faux” farm wineries from becoming by right event spaces in the rural areas, asked staff to address this concern in new event regulations.

WHEREAS, conducting such activities and events on lands designated Rural Area in the Comprehensive Plan and on lands zoned Rural Areas where there is little or no connection to agriculture is contrary to the policies in the Rural Area section of the Comprehensive Plan and the purposes of the Rural Areas zoning district; and

WHEREAS, in order to address these concerns, it is desired to conduct a new study of the relationship between activities and events at FWBDs, their agricultural nature, whether the activities and events are usual and customary as agricultural activities and events, whether and under what circumstances the activities and events are creating adverse impacts on other properties, and the economic impact of any such regulations that may be considered to address these concerns; and

WHEREAS, if the study so warrants, it is desired to consider amending the zoning regulations by strengthening the requisite relationship between agriculture and the activities and events at FWBDs, reasonably addressing any adverse impacts by performance standards or other means identified in the study in order to protect the public health, safety or general welfare, and to address any other issue identified in the study deemed to be necessary and appropriate. Emphasis Added – nw

Staff used the last line in the last Whereas to be a blank check to impact the very business operations of the FWBDs.

While the Free Enterprise Forum is understanding of mandating 5 acres of on site planted acreage to hold events, therby tying agriculture to the events,  the balance of the proposed ordinance goes too far:

1.  Increasing setbacks from 75’ front/25’ side/35’ rear to 125’ from property line.

This relatively arbitrary increase seems to be directed at mitigating impact on the neighbors.  Proper enforcement of existing regulations would seem to be a better less property rights limiting manner to achieve the same result.

In addition, when queries via email regarding agricultural setbacks the Zoning Administrator:

There is no Albemarle County zoning setback for those things [livestock].  We also don’t have setbacks for fencing in general.

Clearly, if enacted as drafted the setbacks portion of this code would significantly favor slopping hogs over sipping hops near the property line.

2. Mandating and not defining “regular hours open to the public”

The concept behind this suggestion is good; any winery seeking to hold events should have enough wine to sell to the public regularly.  Unfortunately, the concept does not hold up to close examination.  Today there are nearly 300 Napa Valley (CA) wineries operating on a ‘By Appointment only’ including such industry stalwarts such as Opus One and Duckhorn Vineyards.  There are a number of high end wineries with significant production in Virginia operating under a similar business model (RDV, Boxwood Estate, etc.).  One local winery (Mountfair Winery) is now closed to the public selling the majority of their production via their wine club.  From their website:

Mountfair Vineyards A private club winery! Mountfair Vineyards, nestled at the base of the Blue Ridge near Charlottesville, is a family owned and operated Club Winery serving our club members through appointment and special events. Mountfair is no longer open for regular tasting room hours.

Considering the reduced neighbor impact of an appointment only winery, why should Montfair (or other properties like them) be excluded from holding events?

This market reality raises the question why Albemarle would seek to require wineries that need not be open to make their business model work open their doors to hold events.

Further, a lack of definition of “regular hours” allows the zoning administrator (and her successors) significant latitude in their interpretation of the code.

3.  Punishing the Sunday Bride – Curfew on amplified music.

Currently there is no curfew on amplified music beyond the noise ordinance.  Staff heard loud and clear (pun intended) in the Joint Board of Supervisors/Planning Commission meeting that current practice is to stop all amplified music at 11 pm on Friday, Saturday and Sunday nights.  Rather than accepting a self imposed industry practice and adopting it as code staff selected 10 pm on Sunday night to be the cut off.

One winery, who has been commended for their noise cancelling practices, indicated 20% of their wedding business is Sunday weddings.  If we assume the wedding season runs from May – October (6 months), allowing an 11 pm Sunday cutoff would amount to 24 additional hours of operation (if all dates were booked).  Why not accept the market reality and be done with this – enforce the noise ordinance without punishing the Sunday bride.

Albemarle wineries and cideries (more than breweries and distilleries) have a long history of being good neighbors and benefiting the local economy with their events.  Albemarle can tie the event ordinance to the land but should step away from the mission creep of dictating the business activities on the land.

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: http://www.droid-life.com/2014/08/13/t-mobile-identifies-data-hogs-p2p/

 

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

By. Neil Williamson, President

https://freeenterpriseforum.files.wordpress.com/2015/12/top-ten-list.jpg?w=179&h=161At this time each year, I take time to look in the rearview and see what issues we have covered that have garnered the most attention.  As usual, I am amazed, and thankful, for the large number of people who read and financially support our work.

Here are the Free Enterprise Forum Top Ten 2016 Shaking My Head (SMH) Moments

#10 Is Charlottesville the $17.86 Million Court Jester?

Imagine you are a mayor or a City Manager, if a major employer and economic driver in your city was poised to leave, how would you respond?Image result for Court Jester

Perhaps its just me, but I would likely fight like heck to keep them in the city.  It is much easier to retain a major employer than to attract one.

But what if the employer is actually an arm of a neighboring government, should that matter? …

If Albemarle decides to bring $17.86 million of ‘County’ economic activity back to Albemarle, Charlottesville may end up looking as wise as the Court Jester this Halloween.

 

#9 Bananas and Albemarle’s Outdated Economic Opportunity Map

Imagine being in the banana business — and you have no way to obtain fruit.Image result for Albemarle county development area

That is Albemarle County’s current economic development sales position: “Yes, we have no bananas.”

“If a manufacturer calls interested in locating near a highway, we tell them, ‘We have nothing for you,’. Prospect businesses are looking to move within three to six months if they are not looking to build. We tell them, ‘We have no product ready to go today.’” – Faith McClintic, Albemarle County’s economic development director

#8 Greene Supervisors Approve Overspending FY17 Budget

By. Brent Wilson, Field Officer

In just the second month of the new budget cycle, the Greene County Board of Supervisors discussed clip_image002two issues last night (8/23) that would allow the county to spend nearly $33,000 over the approved FY17 budget.

The first issue that County Administrator John Barkley explained was that several positions are needed to be brought up to market value. He further explained that supplemental funds are being requested to fund the $27,250 for the reclassification of positions. Surplus funds from the FY16 budget will allow the county to be able to fund this request.

#7 C’ville’s Hydraulic Houdini

What would you call it when Charlottesville works to make a primary pillar of an integrated

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

transportation program disappear?

The Hydraulic Houdini.

Please let me explain.

Those with even decent short term memory can remember the argument over the now defunct Western Bypass and the Route 29 “Solutions”.  Rather than building a limited access bypass around Charlottesville’s congestion (The Free Enterprise Forum supported), Bypass opponents proposed a series of integrated “solutions” would increase the existing roadway capacity.

My friend Jeff Werner of the Piedmont Environmental Council (PEC) even had a nifty PowerPoint Presentation regarding the  congestion

#6 Albemarle’s Executive Exodus x 2

Albemarle Executive Foley Finds Greener Pastures

Thomas FoleyWith rumors flying around Albemarle County (and Social Media) all day, a 4 pm Stafford County announcement made it official; County Executive Tom Foley is leaving Albemarle County to take up the same post in Stafford County.  In the announcement Stafford highlighted Foley’s service and temperament as key qualities they were looking for in their new administrator:

Albemarle is Losing Faith

leavingyourjobAs anticipated as the sun rising in the east, it is with absolutely no surprise that Albemarle County’s first Economic Development Director, Faith McClintic, will be leaving her position later this year.  In her short  18 month tenure, McClintic often found herself at odds with Planning Commissioners, some members of the public, this writer, and some elected officials.  In addition, she found herself without product as she said in August of this year:

“If a manufacturer calls interested in locating near a highway, we tell them, ‘We have nothing for you,’. Prospect businesses are looking to move within three to six months if they are not looking to build. We tell them, ‘We have no product ready to go today.’” – Faith McClintic, Albemarle County’s economic development director

#5 Albemarle and VDOT Create US29+Rio Lemonade

While the Free Enterprise Forum lost the battle against the US29/Rio Grade Separated Interchange (GSI), we have found Albemarle County (and Virginia Department of Transportation (VDOT)) to be working exceedingly well together and significantly positively impacting the challenging business environment due to the roadway construction.

rio gsiIn the most recent Route 29 Solutions Project Delivery Advisory Panel meeting, former VDOT Commissioner and PDAP facilitator Philip Shucet indicated the next phase of the Rio GSI project, where the intersection will close for up to 103 days,  “Isn’t going to be a birthday party”.  This might be the understatement of the year.

#4 SOMEONE’s Shameful Sensationalism

Over the last dozen years, I have read literally hundreds of Albemarle County staff reports.  I tend to find the reports to be professional, concise, factually correct and devoid of generalizations or editorial commentary – until last week when I determined that SOMEONE  improperly and sensationally  used a tragedy to further an advocacy position in what was presented as an impartial staff analysis.

In an attempt to sensationalize the need for closing of Earlysville Road to truck traffic, SOMEONE has stooped so low as to cite a terrible teenage 2002 drunk driving accident as justification to overrule the technical analysis of professional traffic engineers.

#3 ‘Snob Zoning’ Crozet Master Plan in the Works?

Recently, C-ville magazine cover story posed the question, “Can Crozet maintain its small town charm snob-zones-640-for-web-194x300.jpgas its population increases?”

Perhaps the question should be “After millions of dollars of planning and infrastructure spending, should Crozet residents be allowed to stifle population and economic growth by hijacking the master planning process?”

We’ve recently learned such a plan is in the works.  And it is a bad idea….

The reality is the CCAC is opposed to density in the development area that is critical to achieve the philosophical goals of the Comprehensive Plan. The community vetted plan calls for densely populated development areas filled with amenities and services surrounded by less populated rural areas that are supportive of agriculture, forestry and open space.

In her seminal book “Snob Zoning”, Liza Prevost, exposed what happens when NIMBY zealots are able to change plans and regulations

#2 Fluvanna Land Use Fireworks

By. Bryan Rothamel, Field Officer

OBrien2014-photo-credit-Fluvanna-County_thumb.jpg

“I’m a little surprised board members are so happy to push this under the rug,” said Supervisor Tony O’Brien. . .

O’Brien said there were supervisors who should recuse themselves from the vote because they should know they aren’t compliant with the program.

Eager asked O’Brien to name who he thinks is not compliant as she has done everything to be compliant. He replied he never thought she wasn’t but questioned if Supervisor Don Weaver and chairperson Mike Sheridan (Columbia District) were compliant. He also thought Supervisor Mozell Booker might not be compliant but she was in a different arm of the program.

Sheridan said he asked a cooperative agent if he was in compliance and was told his practices were.

Fred Payne, county attorney, gave a legal opinion that supervisors do not have to recuse themselves just because they participate in the program.

O’Brien also suggested Mike Sheridan should recuse himself because Mel Sheridan is his brother.

Payne’s said Mike Sheridan had no need legally reason to recuse himself. He continued supervisors can always recuse themselves if they feel it is necessary but there was no legal reason to do so.

Weaver, who was quiet for the discussion, called for a vote which ended the discussion.

O’Brien said under his breath after the vote, “Embarrassing.”

#1 $52.5 Million Dollar Indecent Proposal – Albemarle Backs Off Threat to Wedding Industry

Last Tuesday evening, a rare joint meeting of the Albemarle County Planning Commission and Board of Supervisors heard a great deal from both wedding venues and the vendors that support them.  Albemarle staff had prepared a proposed ordinance that, among other things, would limit the ability of wineries, breweries and distilleries to 24 events a year.  In the end the supervisors backed away from the most restrictive portion of the ‘indecent proposal’.

The testimony Tuesday was insightful and passionate.    Wedding Photographer Jen Fariello asked pointedly “Why are weddings being attacked?”  Wedding planner Adam Donovan-Groves [name correction 9:01 6/20 nw] told of one recent wedding whose local fiscal impact exceeded $250,000 musicians, gift packs, invitations, transportation, jewelry, photographer, etc.

Yes, 2016 has been a year of executive exits, speedy construction and threats of overregulation.  Through it all the Free Enterprise Forum continues to blog, tweet (@neilswilliamson) and Facebook about local issues of significant importance.

The year ahead is filled with promise: the promise of a national search for a new Albemarle County Executive, the promise of so called “Solutions” 29 being completed earlier than scheduled (looks like June), the promise of new form based code development in Charlottesville, as well as the promise of elections across all localities.

seats available2016 will also bring us the opportunity and privilege of attending and participating in  many more government meetings where important policy decisions are made and #SeatsAvailable.

Thank you for your support!

 

Happy New Year

Neil Williamson

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

Service District SuperTax – A Tax By Any Other Name

By. Neil Williamson, President

A-rose-by

Increasingly a number of Central Virginia localities are finding that so called ‘Service Districts’ may provide a new revenue generation mechanism that is less politically repugnant than simple property taxes.  While both options are based on property value, 2017 may be the year of the Service District due to several interesting new taxation possibilities and complexities – please let me explain.

Albemarle County has been rather transparent in their pursuit of new service districts dating as far back to the discussion of a regional transit authority in the early 2000s.  The Free Enterprise Forum was a little surprised to find a suggestion of a service district buried deep in Greene County Administrator John Barkley’s December report:

Initiatives on the Horizon for 2017 – As the new year approaches, staff will continue working to improve the County’s financial reporting capabilities . . .  New initiatives will include addressing blight and the process and legalities associated with blight abatement, consideration of special assessment districts aimed at targeted infrastructure improvements, and conducting a full structural assessment of County facilities. Emphasis Added – nw

In their December 7th “Balanced Two Year Fiscal Plan” discussion the Albemarle Board of Supervisors were provided an illustration of the SuperTax Service Districts:

Eastern Ave – Phase 1 – Rt. 250 to Westhall, including Lickinghole Creek Bridge (Crozet)

This is a conceptual illustration of a specific project in Master Plan/CNA

Assumptions:

Project cost, $10.5 M (2022 $s for assumed year of construction–ends in 20 years)

Service District boundary = Crozet Development Area boundary

project funded with 60% state funds, 40% service district generated funding

Scenario 1 Crozet “Service District” provides 100% of Local Contribution – Annual cost to an increase of 2.8 cents on tax rate beginning in 2022

Scenario 2 County contributes $2M Crozet “Service District” provides remainder of Local Contribution – Annual cost equivalent to an increase of 1.6 cents on tax rate starting in 2022

Illustration: For a house assessed at $350,000, an increase of 2.8 cents on the tax rate would equate to an annual increase of $98.00; a 1.6 cent increase on the tax rate would equate to an annual increase of $56.00.

Logically this specific example raised a number of concerns.  Supervisor Ann Mallek mentioned her belief that this Eastern Connector had been promised to Crozet as a part of the concurrency of infrastructure that was the County’s responsibility under the Neighborhood Model.

This failure was identified as early as 2006 when the neighborhood model was still in it’s infancy.  In an October 4, 2006 staff report, when the Neighborhood Model was still in its infancy and the great recession had not yet hit) staff highlighted the hypocrisy of demanding developer infrastructure improvements while not holding up Albemarle’s end of the bargain:

The Comprehensive Plan has also established what public facilities are necessary at what locations to support development of the Development Areas and has anticipated developer provision of facilities along with VDOT and the County’s CIP.  However, the ability of developer and VDOT funding and the County’s CIP to adequately pay for the cost of public infrastructure to support the Development Areas as the priority areas for new development, public services and public infrastructure has become increasingly difficult.  Because this investment in infrastructure is critical to achieving the quality of life necessary to make Development Areas what is envisioned in the Neighborhood Model, the timing of infrastructure development associated with the rezoning of property within the Development Areas may need further consideration.

The Neighborhood Model has redefined how the Development Areas should develop to provide an active, vibrant urban place that will be perceived as a more desirable place to live than the Rural Areas.  It puts a greater reliance on public facilities and urban services in the Development Areas to achieve the urban form. It continues to anticipate developer provision of facilities along with VDOT and the County’s CIP providing a greater emphasis on concurrency with development.  It emphasizes Master Planning of areas within the Development Areas to best define how the Neighborhood Model can be achieved in these areas. . .

. . .Without the infrastructure needed to address the impact of the up-zoned property, concerns regarding the quality of life in the Development Areas will need to be considered.

Emphasis added-nw

Albemarle staff also presented the concept of using the Service District Supertax to fund sidewalks in the urban areas, small area planning, as well as city/county cooperative ventures.

Interestingly, the staff did not mention one VERY attractive part of Service District SuperTax funding – Local government gets all the money – unlike a tax increase where by Board policy Albemarle splits increased revenue 60%/40% with the schools this would be all local government money.  To get the same level of funding for capital projects the tax increase would need to be 60% higher than the Service District SuperTax.

While we appreciate and understand the demands placed on localities to fund the needed infrastructure, the Free Enterprise Forum believes the Service District SuperTax is a flawed model that may create a balkanization of any locality utilizing it.  Further we have significant issues with an existing Board of Supervisors sitting in 2016 approving a Service District SuperTax that does not go into effect until 2022.  While this may be legal, it does not seem right.

Concurrent funding of infrastructure to support locality’s comprehensive plan is the locality responsibility.  If there is a problem with the Board policy of sharing new revenue with the schools, change that policy rather than creating a new Service District SuperTax to work your way around it.

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: www.planetofquotes.com

Accelerating Albemarle’s Anemic Economic Development

FORUM WATCH EDITORIAL

By. Neil Williamson, President

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

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

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

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

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

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

But we have to ask, why is this news?

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

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

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

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

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

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

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

Albemarle can do better.

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

Image result for Albemarle county development area

 

“If a manufacturer calls interested in locating near a highway, we tell them, ‘We have nothing for you,’. Prospect businesses are looking to move within three to six months if they are not looking to build. We tell them, ‘We have no product ready to go today.’” – Faith McClintic, Albemarle County’s economic development director

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

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

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

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

Respectfully Submitted,

Neil Williamson, President

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20070731williamson Neil Williamson is the President of The Free Enterprise Forum, a public policy organization covering the City of Charlottesville as well as Albemarle, Greene, Fluvanna, Louisa  and Nelson County.  For more information visit the website www.freeenterpriseforum.org

Photo Credits: Trip Advisor

Albemarle Backdoor Downzoning Proposed

By. Neil Williamson, President

Imagine you woke up one morning and you learned, through no fault of your own, your property was worth 50% less than when you went to bed the night before.

What if you also found housing was less available, less diverse and more expensive?

And what if your neighbors were behind the change?

All of this is possible under a resolution under consideration (but not yet endorsed) by Albemarle County’s Crozet Community Advisory Committee (CCAC).

Thee fundamental question at hand is seeking to redefine the land use calculation from gross density to net density.

In an oversimplification, this moving of the goalposts reduces the density possible on most parcels.

The New Designs for Growth Guidebook correctly identifies the impact of the different planning paradigms:

Density Calculations
The method communities use to calculate density can dramatically impact development patterns.  For instance, while densely arranged homes on one portion of a large parcel would have the same gross density as the same number of homes spread out evenly over the parcel, the two developments have substantially different net densities.  Hence lot size and building arrangement can result in very different residential densities.

When revising ordinances, local jurisdictions should take into consideration the implications inherent with the different methods of calculating density.  Net density produces a more visually recognizable density for the developed portion of the site, while gross density allows for more flexibility in developing sites (e.g., cluster developments, PUDs) as well as projects evaluated in the context of average density of adjacent developments (i.e., a development fitting within a density continuum).

Gross density = Total residential units / total development land area
Net density = Total residential units / total residential land area (excludes roads, open spaces, and other uses)

While accurate, the definition above fails to address the clear concern of property owners the numerator in the calculation. Currently under the gross density concept if you have 10 acres in R-2 zoning in the development areas, you have the by right ability to build 20 homes on the 10 acres.  Under net density, the applicant must discount any land deemed “unbuildable by regulation”.

What would be included as “unbuildable by regulation”?  The City of St. Helena in Oregon has the following considerations:

    • All sensitive land areas:
    • Land within the 100-year floodplain;
    • Land or slopes exceeding 25 percent;
    • Drainageways;
    • Wetlands;
    • Fish and wildlife habitats;
    • Archaeological sites;
    • Federal or state protected areas for listed threatened or endangered species; and
    • Designated open space and open space-design review areas;
    • All land dedicated to the public for park purposes;
      • All land dedicated for public right-of-way:
      • Single-dwelling units: allocate 20 percent of gross acres for public facilities; and
      • Multiple-dwelling units: allocate 15 percent of gross acres for public facilities;
    • All land proposed for private streets;

Considering the topography of the Piedmont, one can easily see the aforementioned 10 acres losing significant portion of its by right density.

But the demand for housing will not go away.

Albemarle County’s Comprehensive Plan highlights the anticipated need for new units:

As seen in the residential Capacity Analysis discussed in the Development Areas Chapter, projections suggest that by the year 2030, approximately 15,000 additional dwelling units will be needed to accommodate the County’s future population. According to the Development Area Master Plans, the Development Areas can accommodate a range of approximately 13,800 to 29,000 new dwelling units.

Under current zoning, approximately 13,400 to 19,900 new dwelling units can be built.

If Crozet is able to move the goal posts by changing the density calculation, this would result in a less dense community, more expensive delivery of government services and a loss of property value to development area land owners.

Further as fewer homes will be able to be constructed in each development the cost of the infrastructure required for those homes would be spread across fewer units increasing cost to the end user.

As development area lots become more expensive, rural area development will become more economically attractive encouraging sprawl.  When coupled with the dearth of available new units to meet the forecast demand, cost of all housing (rural and development areas) will increase.

But it will reduce the population density allowed in Crozet – could this be the overarching goal?

Regardless of cost?

As usual more questions than answers, stay tuned.

Respectfully Submitted,

Neil Williamson, President


Neil Williamson is president of the Free Enterprise Forum, a privately funded non-profit public policy organization focused on local governments in Central Virginia. For more information visit www.freeenterpriseforum.org.

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

By. Bryan Rothamel, Field Officer

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

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

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

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

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

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

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

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

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

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

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

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

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


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

Bryan Rothamel covers Fluvanna County for the Free Enterprise Forum