Tag Archives: Albemarle

Sunny Day? Albemarle Prohibits Greens, Endorses ‘Green’

By. Neil Williamson, President

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

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

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

Please let me explain.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Respectfully Submitted,

Neil Williamson, President

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

Photo Credits: Sigora Solar via Facebook

Good Signs Are Good For Business

By. Neil Williamson, President

Adapted from comments made to the Albemarle County Architectural Review Board April 17, 2017

Your agenda today includes a work session on sign regulations.  In the years I have been following issues in Albemarle, two specific localities always come up in signage conversations: Hilton Head, South Carolina and Route 3 in Fredericksburg.  Neither is appropriate to the discussion of Albemarle.

5th street station credit NBC29It is also important to note as you discuss the size, number and proportion of signs that you also consider their purpose – to help customers find businesses.

The Free Enterprise Forum is aware of at least one planning commissioner who believes we will have no signs in the future as our autonomous cars and GPS tracking will make them obsolete; we do not share that view.

In fact we want to share some relatively recent sign statistics from two surveys in 2015.  The first was commissioned by FedEx Office, measured the importance of signage to business operations and consumer decision making.  The second by the Economic Center, University of Cincinnati, measured the impact on business owners in different industries.

The surveys found that:

  • Nearly 76% of consumers (8 in 10) said they had entered a store or business they had never visited before based simply on its signs. (FedEx)
  • Nearly 75% indicated that they had told others about a business simply based on its signage. (FedEx)
  • About 68% of consumers believe that a business’ signage reflects the quality of its products or services. (FedEx)
  • About 67% of the consumers surveyed said they had purchased a product or service because a sign caught their eye. (FedEx)
  • Nearly 60% of consumers said that the absence of signs deters them from entering a store or business. (FedEx)
  • Roughly 60% of businesses reported that changing the design or enhancing the visibility of their signage had a positive impact on sales, number of transactions and profits, with an average increase of about 10%. (UC)
  • Over 50% of survey respondents indicated that poor signage (e.g., poor quality, misspelled words) deters them from entering a place of business. (FedEx)
  • 38% of large companies with multiple locations identified branding/image as the most important purpose of effective signage, while small firms and single establishments perceived signs to be most important for making their business stand out and for helping customers find their location. (UC)
  • Legibility was chosen by both consumers and businesses as the most important characteristic of signs. (UC)

open for businessWhile we know that the ARB is seeking to make our community great (to coin a phrase).  It is important to remember that the tax paying businesses in Albemarle’s 20+ Entrance Corridors NEED signage to attract and retain customers.

Albemarle is currently outsourcing their economic development strategic plan to a Richmond based consultant.  When we talk about being business friendly, changing the corporate brand colors (ARB trivia – who changed the red in Red Lobster) might not be the best first impression.

Thank you for the opportunity to speak.

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

Photo credit:  NBC29

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

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.

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

By. Neil Williamson, President

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

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

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

Please let me explain.

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

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

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

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

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

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

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

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

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

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

Less Affordable Housing

Higher Property Values

Less Flexibility

Faster Development

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

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

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

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

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

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

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

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

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

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

As Dorothy told the Lion:

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

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

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

Will you give such bold direction today?

Respectfully Submitted,

Neil Williamson

————————————

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

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

March Madness–Albemarle’s Planning Philosophy

FORUM WATCH EDITORIAL

By. Neil Williamson, President

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

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

Please let me explain.

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

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

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

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

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

Additional reasons for my vote:

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

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

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

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

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

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

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

8.26 Albemarle Comprehensive Plan Clear Boundaries with the Rural Area

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

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

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

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

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

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

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

transect

 

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

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

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

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

Respectfully submitted,

 

Neil Williamson

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

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

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

———————————————————————-

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

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