High Growth Coalition meets in Culpeper to discuss new state regulations impacting land use and transportation

By Julia Glendening
Charlottesville Tomorrow
Friday, July 3, 2009

The Virginia Coalition of High Growth Communities, is a membership association for local government officials from counties in Virginia with rapid residential development. Also known as the High Growth Coalition, the group met on June 29, 2009 in Culpeper to listen to speakers and discuss three major topics: the regulation of alternative onsite sewage systems; new stormwater management requirements; and VDOT’s secondary street requirements. The focus of the discussion was to examine how local governments will be influenced by changes in legislation approved by the General Assembly and speakers stressed how important it is for local officials to make their opinions heard.  Albemarle County is a member of the Coalition and was represented by Supervisors Sally Thomas (Samuel Miller), Ann Mallek (White Hall), and Mark Graham, the County’s Director of Community Development.

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Alternative Onsite Sewage Systems (AOSS)

According to the Code of Virginia (§ 32.1-163), a conventional onsite sewage system consists of one or more septic tanks flowing to a gravity distributed drainfield. An alternative onsite sewage system does not have the characteristics of a conventional system and does not flow to a point source discharge, such as a pipe.  An AOSS can treat sewage with a device other than a septic tank, such as a media filter, which uses other ways to separate the sewage, for example with peat, byproducts of coal, or foam cubes. Pressurized systems are also used instead of gravity to distribute the wastewater within a drainfield.

Earlier this year, the General Assembly passed two bills (HB 1788  and SB 1276) declaring that local governments cannot prohibit the use of alternative onsite sewage systems, both of which went into effect on July 1, 2009. Previously, a building permit could be withheld if the soil on site would not support a traditional septic system and public sewer was not available to the property.  In compliance with the interim requirements of the new legislation, alternative systems installed after July 1, 2009 will have to be operated and maintained by the most stringent policies declared by the manufacturer, the local government, or the state. These will be replaced by the Board of Health emergency regulations in April 6, 2010 and final regulations at the end of 2010.

In an interview with Charlottesville Tomorrow, Jeff McDaniel, local Environmental Health Manager for the Virginia Department of Health (VDH), said in 2008 about 74 alternative systems were approved in Albemarle, Fluvanna, Louisa, Greene, and Nelson Counties. McDaniel said Albemarle did not prohibit the use of alternative systems prior to this year’s legislation and he thought the legislation would have more of an effect on other regions of Virginia.

Albemarle County's Mark Graham, told Charlottesville Tomorrow that, before the new legislation went into effect this week, alternative onsite sewage systems were allowed only when an existing conventional system had failed. Graham said a developer previously had to demonstrate a conventional system could be implemented in order to get a building plan approved. Under the new law, an alternative system could be specified up front and local government would not be able to deny a development right.

Supervisor Sally Thomas (Samuel Miller) expressed concern about the potential for increased residential growth on previously undevelopable land in an update she gave to the Board of Supervisors at their July 1 meeting.

“We have regarded whether land [percolates for septic] or not as a land use control,” said Thomas. “Now that will no longer be a controlling factor.”

McDaniel noted that about 5 to 10% of building permits with conventional sewage systems have been denied in the past year due to various limiting factors, such as soil or location limitations.

“I see it [alternative systems] as a positive thing,” said McDaniel. “Conventional systems treat the sewage, but alternative systems clean the sewage to a different level. There are places where alternative systems can be used to better treat the effluent.”

He emphasized the importance of properly maintaining all types of sewage systems and said he saw the new maintenance regulations as a way to improve VDH’s existing procedures.

“I think we’re going to clarify some better maintenance and monitoring of not just alternative but conventional [systems],” said McDaniel.

Panelists at the Coalition meeting, however, discussed potential problems with the AOSS regulations. Trapper Davis, from the Coastal Plains Environmental Group, LLC, said he maintains these systems and was also concerned with the cost for residential clients, which is currently $400 for a year of maintenance. He said that may deter people from keeping their sewage systems properly maintained. Davis also said he believed industry professionals do not have enough knowledge about proper maintenance for AOSS and this could be a problem once the interim regulations go into effect.

Bob Lee, from the Loudoun County Health Department, said many homeowners are unaware their sewage system is an AOSS, which could create a problem for trying to identify systems for inspection. Lee also emphasized the importance of establishing quantitative performance standards.

Allen Knapp, from the Virginia Department of Health, said the frequency and cost of monitoring are major issues for the implementation of AOSS.

Stormwater Management Requirements

The state is currently changing storm water management regulations for construction, local programs, and permit fees in order to increase water quality standards, in compliance with EPA standards for the Chesapeake Bay watershed. The Virginia Stormwater Management Program (VSMP) was created in 2004 with House Bill 1177, which authorized local authorities to implement stormwater management programs. The Soil and Water Conservation Board proposed amendments to parts I, II, III, and XIII of VSMP regulations on September 25, 2008. The amendments are still being discussed and there will be a 60-day public comment ending on August 21, 2009.

Ryan Brown, Policy and Planning Assistant Director for the Virginia Department of Conservation and Recreation, described these amendments and said there will be a stricter phosphorous standard for new development from 0.45 lbs per acre per year to 0.28. The amendments also propose a decrease in nutrient levels for land redevelopment. Currently the standard is a 10% reduction to the predevelopment load and the amendments will require a 20% reduction in nutrients from the predevelopment load.

“This addresses new development and prevents us from making the situation worse,” said Brown.

Lisa Ochsenhirt, of Aqualaw, PLC, described the obligations for local governments in order to help clean up the Chesapeake Bay. She stated the three year milestone goal is to increase the pace of reduction by 86% for nitrogen and 52% for phosphorous during 2009-2011. She said this reduction would cost Virginia’s state government a projected $1.2 billion. Ochsenhirt stated the consequences would include a tightening of regulations and permits, an increase in reporting and auditing, and an increase in lawsuits by the EPA, state, or citizens. She warned the High Growth Coalition that the restrictions would hit the high growth communities the hardest.

Mike Flagg, Director of Public Works for Hanover County, said Hanover had calculated the expense to retrofit areas with stormwater treatment from 2005 data and determined it would cost $1,525 a person. Flagg also declared it would cost $500 or more per lot to maintain the nutrient regulations for stormwater, all of which could create more expensive growth areas.

“We may actually be promoting sprawl with some of these rules,” said Flagg.

Thomas also commented at the Board of Supervisors meeting on how the stormwater regulations will affect Albemarle County.

“Our main concern I think in this community is that if you regulate stormwater in the city or in the urban area more stringently you’re just going to squish development out into the rural area because it will be a lot less expensive in the rural area,” said Thomas.

VDOT Secondary Street Acceptance Requirements (SSAR)

Virginia Department of Transportation (VDOT) has developed Secondary Street Acceptance Requirements (SSAR), which will become mandatory July 1, 2009. The SSAR includes three goals: ensuring the connectivity of road and pedestrian networks; minimizing impervious surface area; and addressing performance bonding needs of new secondary streets. The Commonwealth Transportation Board (CTB) approved the SSAR in February 2009 and a transition period was instated from March 9 to June 30.

Ted McCormack, the Director of Governmental Affairs for the Virginia Association of Counties (VACo), outlined the requirements, which included a calculated interconnectivity index for each neighborhood. He stressed the importance of interconnectivity and said it would lead to less construction, increased pedestrian safety, a faster emergency vehicle response time, and a more efficient network overall. He said VDOT has determined that on average throughout Virginia, 10% of all trips are walking trips, demonstrating the lack of pedestrian accessibility.

Nick Donahue, Assistant Secretary of Transportation for Virginia, said VDOT has taken a position of not widening the right of way
to reduce congestion because they believe connectivity is a more successful solution.

“It’s much more cost effective for us to have connectivity so that people’s trips to school, the grocery store, etc. are on the local roads than it is for VDOT to widen the main roads,” said Donahue.

Donahue also answered questions about the impact a reduced state budget has had on VDOT. He said there have been cutbacks in many areas due to the decrease from $8.7 billion in revenue in FY2008 to $5.4 billion in FY2010.

TIMELINE FOR PODCAST FROM JULY 1, 2009 BOARD OF SUPERVISORS MEETING

• 01:45 – Dennis Rooker asks about the Virginia Health Department’s view of alternative sewage systems
• 04:45 – David Slutzky discusses the possibility of a cap and trade program
• 06:45 – Rooker asks what local authority will regulate agricultural runoff
• 07:55 – Ann Mallek comments on other counties’ setback requirements

Arden Place site plan deferred; Woodbrook neighborhood vehemently against connectivity

By Sean Tubbs
Charlottesville Tomorrow
Thursday, June 25, 2009

The developer of the proposed 206-unit Arden Place “luxury” apartment complex off Rio Road has requested a deferral of its preliminary site plan application. The action came at the very end of the June 23, 2009 meeting of the Albemarle County Planning Commission after a majority of members indicated they would deny a waiver of the County’s requirement that all neighborhoods with more than 50 residential units connect to two public streets.

During the three-and-a-half hour discussion, thirty speakers from the Woodbrook subdivision told the Commission they wanted their neighborhood to continue to only have one entrance point off of U.S. Route 29 near Lowes. While some residents said they could accept a pedestrian trail on a County-owned right-of-way, the majority of speakers expressed concern that such a walkway would lead to additional crime and would alter the character of their neighborhood.

The Commission was asked by County Planner Gerald Gatobu to review five specific actions during their meeting: 

• Consideration of a critical slopes waiver
• Consideration of a waiver to disturb a buffer between commercial and residential areas on the applicant’s property
• Consideration of a waiver of County regulations requiring two entrance to public streets for residential complexes with more than 50 units
• Approval or denial of preliminary site plan
• Approval or denial of applicant’s dedication of open space to the County

The commercially zoned portion of the property has over 700 feet along Rio Road, but the preliminary site plan under review did not show an entrance coming through that section. Click for a larger image.

Charlottesville Realty Corporation, and the parcel currently has two zoning classifications on it. The applicant, Coleway Development, has an option to purchase the portion zoned R-15 for high-density residential development. If the site plan for Arden Place is approved by the County, Coleway will purchase the land. The remaining portion, which is zoned for commercial uses, will be subdivided and a site plan for that section will come before the County at some point in the future.

Gatobu said most of the critical slopes on the property are the result of fill created when Fashion Square Mall was constructed in the late 1970’s. It is easier to get a waiver for man-made critical slopes. Gatobu added that there are also natural critical slopes where the property abuts the Woodbrook neighborhood, but those would only be disturbed if a road were to be constructed there.  

The buffer disturbance issue relates to the fact that the property contains both R-15 and C-1 zoning classifications. Attorney Valerie Long, representing Coleway Development, said because the road will pass through both sections, the waiver is required to protect the residential section from disturbances made in the commercial section.

By-right, the developer could have built 170 units but sought a 5% density bonus from the County because of a commitment to preserve some of the wooded area and a 15% bonus because of a commitment to dedicate open-space to the County. The amount of units could have been higher if Coleway Development had proposed affordable housing units.

The waiver for the two-entrances requirement was the main cause of controversy. Gatobu said there were three potential access points. The site plan depicted one – a connection to Putt Putt Place. He said the developer had unsuccessfully negotiated with Dunbarton Properties, the owners of Albemarle Square, to obtain access through that commercial development. The third would be along the public right-of-way through Idlewood Drive in the Woodbrook neighborhood, but that the developer did not want to pursue that option. That right-of-way, owned by the County, has existed since the creation of the Woodbrook neighborhood in the 1960’s.

Instead, the developer proposed constructing a pedestrian walkway along the right-of-way, complete with a bridge to cross the stream that passes through the area. Because of that offer, the developer requested the waiver to allow vehicular access only through Putt Putt Place. Gatobu said staff recommended approval of the waiver with that condition. Additionally, Gatobu said that County fire and rescue officials were satisfied with the pathway if it could be built to allow for emergency access for public safety vehicles.

Commissioner Marcia Joseph (At-Large) asked if the applicant had considered a fourth option – building the second entrance on Rio Road through the commercial portion of the property. Virginia Department of Transportation (VDOT) Engineer Joel DeNunzio said there was room in that area to build a “right-in, right-out” entrance, but that VDOT’s access management standards did not consider another entrance to be desirable. He also said that if that option were proposed, VDOT would need to perform another traffic study. DeNunzio said VDOT preferred the Albemarle Square option.

The intersection with Putt Putt Place is problematic to both VDOT and County traffic engineers. DeNunzio said that even though a fully built-out Arden Place would generate an additional 1,250 vehicle trips a day, the intersection of Putt Putt Place and Rio Road would still not meet VDOT’s warrants to install a traffic signal.

County Transportation Engineer Amy Pflaum said that the traffic study did not include the Woodbrook intersection for two reasons. First, staff and the developer were both aware that the Woodbrook neighborhood was opposed to a vehicular connection. Second, preliminary traffic modeling showed that even if that connection were built, it would not alleviate the long delays that would be experienced by motorists seeking to turn left from Putt Putt Place onto East Rio Road.

Gatobu pointed out that even if a road were constructed along the public right-of-way, Woodbrook residents would have no guaranteed right to use it to travel south to Rio Road as both the Arden Place development and Putt Putt Place are private streets. 

Gatobu said he had met with Jim Plotkin of Dunbarton Properties, the owner of Albemarle Square. After looking at the site plan for Arden Place, Plotkin told him that denying the connection through Albemarle Square is “a business decision.” On the day of the hearing, Plotkin sent a letter to Gatobu  saying they wanted Coleway Development to construct a fence to block children from the Arden Place development from entering the Albemarle Square property.

ATTORNEY VALERIE LONG PRESENTS CASE FOR ARDEN PLACE

Valerie Long, an attorney with Williams Mullen, represented Coleway Development during the hearing. She said Arden Place was being designed as a “luxury” apartment complex offering market-rate rentals. She said the Places29 area lacked high-end rental housing and Arden Place would satisfy that demand. Long said residents would be able to walk to a large number of destinations including Fashion Square Mall, the Northside library, Woodbrook Elementary and numerous office buildings.

Attorney Valerie Long addresses the Planning Commission

“We really think it’s a perfect fit for this area and obviously the zoning contemplates this use,” Long said.
Long said the developer did not have the legal right to make the connection to Albemarle Square, but that they would continue to pursue negotiations with Dunbarton Properties. Long said Albemarle Square would need to relocate some parking spaces in order to accommodate the connection. Long also said that her client did not want to build a road connecting to the Woodbrook neighborhood because it would cause too much of an impact on a stream.

“Strict application of the two-vehicular connection requirement would result in significant degradation of the site and adjacent properties,” Long said. “We think it would be a different story if the Woodbrook community were just being platted and there weren’t any people living there now.”

Long said her client was willing to conduct additional traffic studies, and would be willing to explore a second connection to Rio Road if the Commission did not grant the waiver.

After Commissioner Tom Loach (White Hall) pointed out that the Putt Putt Place already has a failing intersection for those seeking to turn left, Long said the developer will have an incentive to work out the transportation issues so that people will want to live in Arden Place.

“If [residents] feel it’s not a safe entrance, they won’t want to live there,” Long said. “So there’s a built-in incentive on the part of the applicant to make sure that it’s going to work.”

PUBLIC COMMENT OVERWHELMINGLY AGAINST INTERCONNECTIVITY

Thirty people spoke during the public comment period. The first speaker, John Gallagher, captured the general spirit of the audience when he said he was not opposed to the development, but did not want to be connected to it.  Another speaker, Charlie Trachta, said that crime from outsiders is already rampant and would only get worse if people could easily walk to the neighborhood. Bill Nuckols said he could see no advantage to having pedestrian access to Rio Road. Mike Mueller said he was opposed to the walking trail because it would bring strangers into his community.

“I moved to Woodbrook because it was a nice neighborhood,” Mueller said. “If you open it up to the shopping center and the apartment complex then it becomes the neighborhood recreational facility with people from ACAC running laps around our neighborhood. I don’t know those people.”

Some Woodbrook residents did support the pedestrian pathway. Steven Wilson said that while he was concerned about the potential for crime, he supported the County’s goals for connectivity and thought children in the Arden Place neighborhood could at least walk to Woodbrook Elementary School.

Many of the residents spoke to a greater sense of their residential neighborhood being affected by the growing urbanization of Albemarle County. Ann Hobson has lived in Woodbrook for 39 years, but now her son wants her to move elsewhere because he thinks U.S. 29 is too dangerous.

Kathy Welch said she had originally planned to support the applicant’s request for the waiver until she heard Long acknowledge that the applicant had not sought to build a second entrance onto Rio Road. Instead, she asked for a denial of the waiver because the site plan was “too preliminary.”

“Tell them to start over because they haven’t even considered using their own property as an access way,” Welch said.

On the subject of the public right-of-way, Jeff Deal said he believed that land was platted decades ago at a time when Albemarle County was not as developed. He said U.S. 29 was narrower and Rio Road was not a major arterial. He said if his community had sidewalks, it would make sense to connect to Arden Place.

COMMISSION CONSIDERS THE SITE PLAN APPLICATION

After the public comment period concluded, Commissioner Bill Edgerton (Jack Jouett) immediately said that the Commission had the power to deny all the waivers. He called the preliminary site plan application “an ill-conceived proposal” and suggested the applicant start again.

Commissioner Tom Loach (White Hall) said he generally supports interconnectivity, but that it has to be on an equal basis. He did say he could support the pedestrian trail, because he did not see it as a threat to the neighborhood. However, he said the entrance of Putt Putt Place onto Rio did not pass his own safety test so he could not support the waiver of the two-entrance requirements.

Commissioner Marcia Joseph (At-Large) said she also supported interconnectivity, but she was convinced that Woodbrook would not benefit in this case. She suggested the applicant develop a direct entrance onto Rio Road before coming back to the Commission.

Commissioner Linda Porterfield (Scottsville) said she understood that having the second entrance onto Rio Road would not solve the traffic conditions, but at least it would give drivers leaving Arden Place a choice.

Chairman Eric Strucko (Samuel Miller) said he thought the develop needed two entrances, but said he was concerned that if the waiver is not granted, the developer might have the ability to build the road anyway. Bill Fritz, the County’s Chief of Current Development, said the Commission could still determine the “location and design and number of entrances.”

Strucko, a staunch supporter of the County’s Comprehensive Plan, said he entered the meeting trying to hold fast to interconnectivity but that he had been convinced by the overwhelming public opinion against both the road connection and the pedestrian connection.

The Commission spent several minutes debating potential options for where the second entrance should be. Edgerton called on his Commissioner to stop redesigning the project and to simply vote to deny the waivers.

“I would love to see our development area develop at the density that the zoning calls for, but not in a bad way,” Edgerton said. “If we grant waivers to help them do this, we’re working against the community.”
With a denial of the waiver for two-entrances looming, various Commissioners repeatedly asked Long if her client was willing to ask for a deferral. Long said she would prefer to move forward with the critical slopes waiver and the buffer-disturbance waiver, and then come back with a site plan showing a second entrance.

Porterfield said she was uncomfortable approving any waivers for a preliminary site plan she hadn’t yet seen. Commissioner Don Franco (Rio) agreed and said the applicant should take feedback from this meeting and return in the future with a revised plan.

In the end, five Commissioners expressed their opposition to the pedestrian trail. Without the pedestrian trail, the residential density allowed at Arden Place would be lower because it would no longer qualify for a 15% density bonus.

Porterfield said she thought one benefit would be that children from Arden Place could walk to school at Woodbrook Elementary School, rather than have to travel onto Rio Road and U.S. 29.

Long said her client was disappointed in the conclusion on the pedestrian committee trail.

“When we met with planning staff, they made the comments about that the fact that it would connect multiple neighborhoods within the designated development areas from one set of public roads to another,” Long said. “It facilitates walkability and exercise and open space and all of those things…. We’re very respectful of the neighborhood’s comments about not wanting people walking, but there is a public elementary school in the middle of their neighborhood.”

Long said because the land is already zoned R-15, it is costing the developer more to purchase so that is why they are pursing the bonus density. Strucko said he could appreciate that, but that the additional units would place additional burdens on the community’s infrastructure.

“We have to weigh the benefit of those additional 30 units and the traffic they generate on Rio Road versus the availability of this green space,” Strucko said.

DeNunzio said it would take VDOT at least 30 days to review a new preliminary site plan once it is received.

Franco encouraged the developer to seek another way to obtain the density bonuses, possibly by making off-site road improvements.

Andrew McGinty with Coleway Development said  that another way to get the bonus density would be to convert the project to a 100% affordable housing project, but that might be his only option.

Andrew McGinty with Coleway Development

“Based on what I’ve heard [at this meeting], I can’t make a luxury product work here,” McGinty said. Instead, he might consider applying for tax credits through the Virginia Housing Development Authority and returning with a fully by-right development with 220 units.  He could do so by eliminating all open space and without preserving the woods.

“I am under a tremendous amount of pressure from my partners to not even try to do a luxury product,” McGinty said. “There’s absolutely no risk in doing more tax credit apartments on this site. A new community there would lease up instantly. All the tenants in the existing [nearby] communities would move over to the new one.”

Strucko said he acknowledged McGinty’s property rights, but that the Commission was charged with weighing the community’s greater interests versus the developers.

Edgerton grew impatient and asked to call the question on a motion to recommend denial of the waivers and the preliminary site plan application. With that, McGinty called for a deferral. The Commission voted to accept the deferral, and the preliminary site plan application will come before the Commission at a later date.

New 206-unit apartment complex raises interconnectivity concerns with Woodbrook neighbors

By Sean Tubbs
Charlottesville Tomorrow
Monday, June 22, 2009

One of the goals of the Places29 Master Plan is to encourage greater housing density in Albemarle County’s growth area. One way to achieve that goal is through in-fill development on empty parcels of land. However, the reality may be that some of the plans will be hard to implement due to a lack of cooperation between adjoining property owners, fears from existing residential neighborhoods, as well as County regulations designed to ensure that the transportation infrastructure can support the additional density.

Location map for the proposed Arden Place development. The arrows in blue indicate sites for possible road connections.

On Tuesday, June 23, 2009, the Albemarle County Planning Commission will take up a preliminary site plan for a 206-unit by-right multifamily apartment complex called Arden Place. The property is located off of Rio Road and Putt Putt Place and is being developed by Coleway Development for the Charlottesville Realty Corporation.  The project does requires a critical slopes waiver as well as a waiver to disturb an existing buffer between the property and the Woodbrook neighborhood. On the surface, it would seem that the development is in keeping with the spirit of Places29. Because of appropriate efforts to mitigate impacts, staff has recommended approval of the two waivers.

However, even with the waivers, County staff initially recommended that the Planning Commission deny the preliminary site plan application because the developer cannot currently build a second road to support the complex. County regulations require that an apartment complex with over 50 residential units have at least two vehicular connections to public streets.

County Engineer Glenn Brooks wrote in a May 1, 2009 review that building only one vehicular entrance at Putt Putt Lane and Rio Road would not be enough to support the development. In particular, those seeking to turn left from Putt Putt Place onto Rio Road will experience long delays. However, Brooks also noted in his letter that the intersection did not yet meet the minimum guidelines for the Virginia Department of Transportation (VDOT) to build a traffic signal. Additionally, Brooks said the development would further congest the intersection of Rio Road and U.S. Route 29, as well as the intersection of Putt Putt Place and Rio Road.

Download County Engineer Glenn Brooks' May 1, 2009 letter (.PDF)

However, Deputy County Attorney Greg Kamptner intervened in the review late last week with a June 18, 2009 letter which states that the County lacks the authority to deny a site plan based on anticipated off-site transportation impacts.. Since then, the developer has asked for a waiver of the County regulations that require two vehicular connections. Instead, of a vehicular connection to Woodbrook, the developer is proposing to build a pedestrian path connecting to a strip of property owned by the County, a public right-of-way which was intended for future neighborhood connectivity. This would allow pedestrian and bicycle traffic between Arden Place and Mallside Forest Apartments to the Woodbrook neighborhood, location of the neighborhood elementary school. In an updated staff report, County Planner Gerald Gotubu recommended approval of this waiver.

Download Deputy County Attorney Greg Kamptner's letter

Additionally, the developer is also in negotiations with the owners of the Albemarle Square commercial development to build the second road connection near the former Circuit City building. This would allow traffic to reach Rio Road via the traffic light for Albemarle Square. However, negotiations have not yet been successful.

With seemingly reluctant support of the site plan, County staff continues to warn against the traffic impacts Arden Place will have on Rio Road.

“Without a signal, and anticipating normal growth as well as the addition of the Arden Place development, in  approximately 5 years the expected delay for a vehicle attempting to turn left from Putt Putt Place onto Rio Road East will be over 19 minutes,” the amended report states. “Without the Arden Place development, this delay would be 7.3 minutes.” The report goes on to say that if the connection to Albemarle Square could be constructed, the wait would be only 5 minutes.

As the site plan evolved, residents of the Woodbrook neighborhood mobilized to take action to oppose the connection of a public street through their neighborhood. They created their own blog to monitor the situation and will be on hand for the Planning Commission’s meeting this week to provide input. 

Supervisors deny addition of new rural lot for western Albemarle family

By Julia Glendening
Charlottesville Tomorrow
Monday, June 15, 2009

On June 10, 2009, Ronald and Janie Matheny appeared before the Albemarle County Board of Supervisors to request an additional development right on their property in western Albemarle near the County’s border with Nelson County. The Mathenys hoped to divide their property to create a new family subdivision allowing for the construction of a new home for their grandson. The Planning Commission reviewed the request on April 21, 2009 and by a 4-2 vote recommended denial to the Board of Supervisors. The Board of Supervisors also denied the request because the majority determined it was not in accordance with the County’s strategy to limit development in the rural area.

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The Matheny’s current lot is 4.9 acres and they requested an additional development right to allow their grandson to build on 2.17 of the acres. Their property on Craigs Store Road was previously divided to create five small residential parcels, all of which are owned by the Mathenys. The land is part of the County’s Rural Areas and additional development rights, beyond what the family had already created, are not in compliance with the rural areas zoning.

In their discussion, the Board of Supervisors established that if the new building was an accessory apartment, new development rights would not have to be granted. Amelia McCulley the County's Zoning Administrator, defined an accessory apartment as a neighboring dwelling that must be connected to the main building by a “conditioned space” and cannot exceed 35% of the total gross area of the main building. Since the Mathenys wanted to develop a separate dwelling, the Board was asked to consider a special circumstance for their family subdivision.

Director of Planning, Wayne Cilimberg, stated twenty requests for additional rural development rights, in excess of what is allowed by-right, have come before the board since 1981 and half were approved. Half of these approvals were for additional lots for family members.

Location map of the Matheny lot

Supervisor Sally Thomas (Samuel Miller) was opposed to granting the request and said she has never approved an increase of rural development rights. She said she could only remember one approval in the past 16 years she has been a member of the Board and the approval was for the development of the North Garden fire station on December 5, 2007. She also recognized the Mathenys reside in her district. “Although it hurts when it’s one family,” said Thomas, “I think we sitting up here have to think about hundreds of families and not just one.”

Supervisor Ken Boyd (Rivanna) was in favor of granting the development right and said he believed the Board should have “compassion.” “Sometimes we have to have a little common sense,” said Boyd, who commented on how he supported family subdivisions. The only Supervisor who agreed with Boyd was Lindsay Dorrier (Scottsville) who said he did not think this development would deviate greatly from their rural area protection strategies.

However, Supervisors Dennis Rooker (Jack Jouett), Ann Mallek (White Hall), and David Slutzky (Rio) all expressed their concern that if they approved this petition, it would set a precedent for the approval of future requests.

 “I think we’ve put a lot of thought and effort into trying to encourage growth activities inside of our development areas, that’s what the [Rural Areas] Comprehensive Plan contemplates and I think that’s what we need to stick to,” said Slutzky.

The Board denied the development right by a vote of 4-2. Even though the request was for a family subdivision, the majority of the board decided it was not an extreme circumstance that justified approval of the special use permit.

TIMELINE FOR PODCAST
01:10 Slutzky introduces topic
01:22 Cilimberg reviews staff report
10:10 Janie Matheny answers questions
18:22 Thomas states why she does not grant approval
19:35 Boyd explains his approval
20:55 Slutzky comments on the request
22:10 Dorrier gives his opinion
24:30 Rooker explains problems with approval
25:00 Mallek remarks on voting consistency
26:45 Motion to deny development right

Albemarle releases quarterly building report data

Albemarle County released today their First Quarter Building Report for 2009.  This chart, prepared by Charlottesville Tomorrow shows the trend in building permits and their location in Albemarle's growth area vs. rural area since 1997.  The linked report has details about the specific type of building (e.g. single family detached) as well as the specific magisterial district/neighborhood area.

There is also a First Quarter Certificate of Occupancy report for 2009.

Brian Wheeler

VDOT helps builders and citizens adjust to new secondary street standards

By Daniel Nairn
Charlottesville Tomorrow
Monday, April 27, 2009

VDOT: "Current development patterns often rely on isolated street networks."

On April 21, 2009, Representatives from the Virginia Department of Transportation (VDOT) spoke at the Albemarle County office building as part of a state-wide “listening tour” to explain new rules for building secondary roads in Virginia. New Secondary Street Acceptance requirements were passed by the Commonwealth Transportation Board in February , and will become mandatory on July 1, 2009. Until then, developers can opt to use either the older or the newer system. Although a period of public review was conducted prior to the finalization of the policy, this next round is intended to help developers and interested citizens understand the transition process.

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According to VDOT, the three main objectives of the new requirements are to increase of connectivity of roads, enhance pedestrian accommodations, and provide a public service. More connectivity is expected to decrease congestion, enhance emergency services, encourage pedestrians and cyclists, and open up new street design potential. The standards specifically call for narrower streets, which VDOT believes are safer, less costly, and less susceptible to water run-off.

Existing streets are not affected by the change, and non-compliant new streets are not outright forbidden. They will simply not be eligible for state maintenance.

“Essentially streets that don’t satisfy these requirements are private in nature,” said Ken King, VDOT’s Southwest Regional Operations Director. “If the purpose of the street is [to be] private it should be maintained privately.”

There are many variables in determining how these requirements are measured, and VDOT officials repeatedly admitted that there is no way to capture every possible case in a set of regulations. Requirements vary depending on whether the parcel is categorized as urban, suburban, or rural. Exceptions will be allowed by-right under specific conditions, such as a river blocking access on one side of a street. An appeal process has been set up for situations that are not covered by these exceptions.

VDOT is maintaining a web site intended to guide regular citizens through the transition process, and they are developing a more comprehensive manual that will be available some time before July 1.

TIMELINE FOR PODCAST:

0:45 - Nick Donahue, assistant secretary of transportation, introduces secondary street requirements
1:30 – Ken King outlines new street acceptance requirements
2:40 – Problem is increasing congestion on arterial roads
3:30 – Current funding constraints require more careful spending
5:00 – The problems with current disconnected subdivisions
8:10 – Accidents and congestion occur at traffic signals
9:00 – Three main objectives of new requirements
10:30 – Regulation doesn’t prohibit private streets
11:00 – Listing of the benefits of the new system; emergency services
13:10 – Process of creating new regulations
14:15 – Graduated approach meets the diverse needs of the state
16:15 – Streets are added as a network, rather than one by one
17:35 – Introducing the connectivity index concept
18:50 – Appropriate pedestrian accommodations
21:40 – Public service requirement; excessively wide streets
25:05 – Rob Hoffricter, assistant division administrator of VDOT maintenance division, provides some specific implementation examples
27:00 – More details on the different connectivity index requirements
28:10 – Cul-de-sacs are not prohibited, only reduced in number
30:40 – Process of determining exceptions, automatic or by petition
33:35 – Details on acceptable pedestrian accommodations
35:10 – Street design standards; widths and parking
37:50 – Fee structure and inspections for new roads
40:50 –Timeline of the transition period into new policy

RWSA’s Tom Frederick updates Albemarle County Board on water supply plan

One day after the Board of Supervisors participated in a joint meeting with the City Council  to discuss the water supply plan, they received a more detailed briefing from the leaders of the Rivanna Water and Sewer Authority (RWSA) and the Albemarle County Service Authority (ACSA).

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Tom Frederick, Executive Director of the RWSA, reported on the status of the panel of experts hired to take a look at the designs for the new Ragged Mountain Dam. The panel is meeting this week in Charlottesville, and Frederick said the main goal is to determine what additional studies are required to help inform the team’s work.

“If we reach the point where additional data is needed, we’re going to need to hire a driller to go out to the site,” Frederick said, adding that will slow down the panel’s work.

During Frederick’s briefing, Supervisor Sally Thomas (Samuel Miller) asked him to comment on statements made by Charlottesville Mayor Dave Norris’ that the existing dam at Ragged Mountain can be raised by 13 feet, rather than replaced. Thomas wanted to know if the panel would also be looking at the foundation of the existing plan.

“If there’s cracked rock in one place, it may not be safe to add to the existing dam, either,” Thomas said. Frederick said the expert panel would be looking at the 1908 dam too.

“We are not limiting the evaluation to the layout for the dam that Gannett Fleming proposed to us,” Frederick said. “That means that it is on the table to talk about the existing dam location… At this point in the process we think that our posture needs to be broad and invite those kinds of questions.”

Supervisor Ken Boyd (Rivanna) asked if the RWSA would meet the deadline imposed by the Department of Conservation and Recreation’s Dam Safety Division to repair or replace the Ragged Mountain Dam. Currently, the RWSA has a conditional permit to continue operating the 100 year old Ragged Mountain dam until June 30, 2011. The permit requires the RWSA to submit a plan to either replace or strengthen the dam by November of this year. The pause in the dam’s design phase could jeopardize the RWSA’s ability to meet the deadline. Frederick said it was too early to tell if the agency would be granted another exception. 

Other news from Tom Frederick:

• The Moores Creek Wastewater Treatment Plant “Enhanced Nutrient Removal” project is out to bid. Contractors have until March 31, 2009 to submit bids. Frederick said the RWSA has applied for federal economic stimulus money to help pay for the project. The project has a cost estimate of around $65 million.
• Frederick announced that the design for the Meadowcreek Interceptor is more or less complete, and right of ways negotiations are on-going with the City and City residents. He briefed Supervisors on changes made in response to community concerns about the pipe’s aesthetics.  Namely, a section of the pipe was lowered, and a landscaping plan was created. Frederick said the changes have raised the cost estimate for the project by $440,000. Negotiations between the City and the RWSA are still underway regarding the amount of money the RWSA will have to pay the City for an easement. Frederick said he hopes the project can go to bid in late April.

Fern says new pump station will handle future needs in northern development area
ACSA Executive Director Gary Fern shared the details of the $11 million North Fork Regional Pump Station, which he said is the largest construction project ever taken on by his organization. The pump station will replace the Camelot Wastewater Treatment Plant, which is at the end of its useful life. In response to a question from Supervisor Dennis Rooker (Jack Jouett), Fern said that the pump station should be able to accommodate the capacity of the 900-home North Pointe development.

In a follow-up interview with Charlottesville Tomorrow, Fern said the Powell Creek Interceptor would be large enough to accept all the extra sewage that will be sent to the Moores Creek Wastewater Treatment Plant, at least through the year 2030.

View other stories on North Pointe development and sewer capacity:

•  Supervisors updated on sewer capacity for Albemarle Place and North Pointe  (October 2008)
•  Sewer capacity stalls North Pointe development  (December 2007)

Sean Tubbs

TIMELINE FOR PODCAST:

• 01:00 - Frederick gives update on the expert panel for the Ragged Mountain Dam
• 03:00 - Supervisor Sally Thomas asks Frederick about Mayor Dave Norris' alternative plan
• 05:45 - Supervisor Ken Boyd asks about Department of Conservation and Recreation mandate to fix or replace the Ragged Mountain dam
• 08:00 - Frederick reports on the Moores Creek Enhanced Nutrient Removal project
• 09:30 - Rooker asks if there is a chance of stimulus money, prompting discussion
• 15:30 - Frederick briefs Board on Meadowcreek Interceptor
• 22:40 - Rooker raises the concern that the City may hold up the Interceptor with discussion
• 25:34 - Slutzky warns against making too much of the issue, says he will talk to the Mayor
• 26:30 - Frederick takes "strong issue" with the idea that the new Meadowcreek Interceptor is only for County growth 
• 30:30 - Frederick describes how a portion of the Interceptor will be built within VDOT's right-of-way for the Meadowcreek Parkway
• 32:00 - Frederick briefs Board on the South Fork Stewardship Task Force
• 32:30 - Thomas asks Frederick about Dominion Development Resources' claim that they can prevent siltation in the reservoir
• 36:00 - Frederick reviews the RWSA's budget for the next year, as well as the Rivanna Solid Waste Authority's strategic plan
• 47:30 - Frederick asks for feedback on the RWSA's new website
• 48:20 - ACSA Executive Director Tom Frederick begins discussing the $11 million North Fork Regional Pump Station
• 55:30 - Rooker asks how North Pointe development will be affected by the North Fork pump station
• 58:30 - Fern discusses the ACSA's strategic plan, the ACSA rate study
• 59:20 - Fern discusses the potential for connecting the Oak Hill trailer park to the ACSA jurisdictional area

County planners grant waiver for 125-unit complex on Pantops if developer provides affordable homes

The Albemarle County Planning Commission has granted a critical slopes waiver that will allow a 125-unit condominium complex to be built on South Pantops Drive. The Commission granted approval despite the project’s lack of conformity with the Pantops Master Plan, which calls for open space to be preserved at the location. The comprehensive plan designation for the land changed when the County Board of Supervisors adopted the Pantops Master Plan in March 2008. However, the existing zoning is R-15, allowing for Charles Hurt’s Virginia Land Trust to construct 7 buildings at the location.

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County staff recommended a denial of the critical slopes waiver.  The application was called before the Planning Commission because a portion of the preliminary site plan involves the disturbance of critical slopes. That requires an applicant to ask for a waiver.

County Planner Patrick Lawrence told the Commission that the County’s open space policy discourages the disturbance of critical slopes so close to streams and waterways. He added that the retaining walls that will be required “may present an aesthetic problem looking up from the river to the property itself.”  However, the Planning Commission previously approved a different site plan for the property back in January 2005.

The applicant is proposing that the project will connect trails that are currently not linked to the rest of the Pantops area. Lawrence said the County’s Parks and Recreation Department are working to finalize how the project’s trails and other amenities would be connected.

Kelly Strickland of Dominion Development Resources represented the applicant and said the project would be close to two major employment centers – State Farm Insurance and the new Martha Jefferson Hospital. He referred to the Pantops Master Plan’s call for housing units to be located close to jobs to encourage people to walk to work. 

“There’s going to be a proportion of affordable units in this site plan,” Strickland said. Because the developer is not seeking a rezoning, the County cannot seek a proffer, or voluntary contribution, that 15 percent of the units be designated as affordable. He said the plan conformed to the spirit of the Pantops Master Plan because it protects views of Pantops from Monticello, it would construct a greenway along the Rivanna River, and because of the access to jobs. 

Commissioner Bill Edgerton (Jack Jouett) said that because the site plan needed a critical slopes waiver, he could not consider it a by-right development.

“You could avoid building on the critical slopes by building a smaller project,” Edgerton said. He asked Strickland if he would be willing to proffer that 15 percent of the units be designated as affordable. Strickland said he could not make that decision on behalf of the property owner, who was not present at the public hearing.

Commissioner Cal Morris (Rivanna) said the property owner never came forward to protest the fact that the land was designated as open space during the Pantops master planning process.

Illustrative rendering of how the condos will look (Source: County staff report)

“That concerns me, especially when we do not have compliance with the affordable housing element of it,” Morris said. Commissioner Marcia Joseph (At-Large) said she was concerned that affordable housing elements could not be guaranteed. She said County planners have been anticipating the property would undeveloped ever since the County developed its open space policy in the early 1990’s.

Commissioner Linda Porterfield (Scottsville) said she could support the project because of the need for housing for those with moderate incomes, and because other condominium complexes are nearby. She said the project’s trail connections would be a benefit to the County.

“I don’t know that it does the County a lot of good to keep the whole space unbuilt,” Porterfield said.
However, Joseph was unwilling to take Strickland’s word that there would be affordable housing. Edgerton said he would prefer to see an application that did not disturb critical slopes.

“I personally do not want to give them permission unless they’re willing to give us something back in return,” Edgerton said. “I would be willing to go against our opinion in the Pantops Master Plan because I think there would be a benefit to the community to have a component of affordable housing in this complex.”

Chairman Eric Strucko (Samuel Miller) said he would also be open to going against the Pantops Master Plan if the affordable housing provision could be guaranteed. “We’ve seen condominiums of this sort sell for upwards of a million dollars a unit,” Strucko said. He also added that he would like to see sidewalks along South Pantops Boulevard so residents could walk to jobs at State Farm and Martha Jefferson.
Strucko suggested granting the waiver with conditions. Edgerton made a motion to grant the waiver with the condition that 15 percent of units be affordable. Morris seconded and the vote was 6-0. Commissioner Jon Cannon (Rio) was not present. The proposal is not expected to come before the Board of Supervisors unless the applicant appeals the conditions.

Though he voted to grant the waiver, Commissioner Tom Loach (White Hall) said it was disingenuous for the County to have a master plan that did not conform to the property’s zoning. “I hate to think that the people in the Pantops area were depending on this remaining green space when in fact it was zoned R-15,” Loach said. “It seems to me that master plans should be based on reality.”

Sean Tubbs

TIMELINE FOR PODCAST:

• 01:00 - Staff report from County Planner Patrick Lawrence
• 05:30 - Comment from County Planner Bill Fritz regarding Pantops Master Plan designation
• 07:00 - Commissioner Bill Edgerton asks if areas that can't be built on can be included in DUA
• 09:00 - Commissioner Calvin Morris asks question about possibility of more than 125 units
• 10:00 - Edgerton asks why project is not consistent with Pantops Master Plan
• 11:30 - Presentation by Kelly Strickland of Dominion Development Resources on behalf of the applicant
• 22:20 - Question from Commissioner Tom Loach regarding affordable housing provisions
• 23:00 - Edgerton asks Strickland if he would proffer that 15 percent of units be "affordable"
• 24:30 - Commissioner Marcia Joseph asks about the location of a retaining wall
• 25:30 - Strickland points out that owner is not obligated to provide greenway connections
• 28:00 - Bill Fritz points out that a previous site plan involving critical slopes disturbance was approved in January 2005
• 30:30 - Joseph said she is bothered that affordable housing cannot be guaranteed
• 32:15 - Comments from Commissioner Linda Porterfield
• 36:30 - Comments from Commissioner Bill Edgerton
• 38:30 - Comments from Commissioner Eric Strucko
• 40:10 - Comments from Commissioner Loach
• 40:50 - Porterfield says she assumes there will be one-bedroom apartments for sale in the complex
• 44:00 - Morris says if the affordable housing provisions aren't "proffered" they won't happen
• 45:00 - Deputy County Attorney Greg Kamptner explains how the Commission can grant waiver on conditions
• 47:30 - Loach comments that it is disingenuous to have a master plan that does not match reality
• 50:30 - Edgerton makes a motion

New Bellair lots approved by County Planning Commission

The Albemarle County Planning Commission reluctantly approved the creation of a new lot in the Bellair Neighborhood subdividing a 2.4 acre parcel at the request of developer Lane Bonner.  The preliminary plat for this project was approved unanimously by the Commission in February 2008 with the condition that it return for review of the final plat.  The County’s R1 zoning allows Bonner to build a home by right on parcels that are at least 0.97 acres and meet other County zoning requirements. 

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Bonner owns other nearby lots in Bellair including one that was sub-divided by the Board of Supervisors in June 2008.  Bonner said in February that he plans to develop what had been 3 parcels in Bellair into 5 lots on a total of 7.3 acres.

Several neighborhood residents and community members spoke in opposition to the project, as they have at past public hearings.  Last year residents expressed concern that the increased number of homes would not be in keeping with the style of the neighborhood.  Commissioners Bill Edgerton (Jack Jouett), Eric Strucko (Samuel Miller) and Linda Porterfield (Scottsville) initially voted to deny its approval.  However, with only three of six votes, and more importantly because the Commission could not articulate an unsatisfied condition, they did not have sound legal footing to deny the project.

Planning Commissioner Marcia Joseph (At-Large) expressed concern regarding the size and location of septic drainfields on the site.  Due to the small lot sizes, topography and location of wetlands, non-traditional septic systems might need to be installed and the health department’s requirements for these systems were unclear to the Commission. 

Albemarle County Planning Commissioners

Bellair resident Ellen Holmes told the Planning Commission that she did not believe the delineation of wetlands on the site plan was accurate.  Senior Engineer for Albemarle County, Glenn Brooks, told the Commission he was confident that the plans are accurate and that from an engineering standpoint, the site meets the criteria for septic systems.  In response to concerns regarding the non-traditional septic systems, Environmental Health Manager, Jeff McDaniel told the Commission that these types of systems have been approved and used in many other subdivisions throughout the County.

Joel Loving, a Bellair resident, expressed concern that the site is not an adequate size for two new homes and said that the developer, Lane Bonner, had not adequately communicated with neighbors during the site planning process.  “There’s barely enough room for one home much less the two that are proposed,” he said.  “The developer has gone to ridiculous extremes to put a large square peg into a very small round hole.”

Commissioner Porterfield asked planning staff if Bonner has more proposed subdivisions in the area that will be coming before the Planning Commission.  Staff responded that there is one more that has been approved by staff. 

The Planning Commission approved the final site plan for subdivision of the property in the Bellair neighborhood with a vote of 5 to 1 with Commissioner Edgerton opposing.  Commissioner Jon Cannon (Rio) was not present.

Brian Wheeler and Fania Gordon

TIMELINE FOR THE PODCAST

• 01:00 -- Planning staff Megan Yaniglos introduces the request.
• 02:00 -- Commissioner Joseph asks how drain field could be made lower than the building site
• 03:00 -- Staff responds that there was administrative approval of modification of building shape
• 04:00 -- Bill Fritz, Chief of Current Development for Albemarle County describes location of buildable area
• 04:30 -- Commissioner Edgerton asks if there is a prohibition against building on wetlands.
• 06:15 -- Matter opened to public comment.
• 07:30 -- Joel Loving representing the Bellair neighborhood opposes this proposal.
• 11:15 -- Frank Featherstone claims Lane Bonner has not worked with the neighborhood.
• 13:00 -- Ellen Holmes questions the accuracy of the mapped wetlands on the site plan.
• 14:15 -- Commissioner Morris asks if Engineering Staff has looked at this property.
• 15:30 -- Glenn Brooks Senior Engineer for Albemarle County says that site does meet criteria for septic drainfields.
• 15:45 -- Commissioner Joseph asks that if they cannot do traditional septic systems when does the process stop?
• 17:30 -- Commissioner Edgerton asks if County staff has verified findings.
• 19:30 -- Fritz explains that the entire building site is not necessarily where a house is built.
• 20:30 -- Commissioner Porterfield asks if there is concern about homes being built in front of one another.
• 22:30 -- Commissioner Loach asks if there is increased County liability with non-traditional septic systems.
• 24:00 -- Commissioner Loach thanks staff for due diligence regarding this application.
• 25:00 -- Commissioner Loach moves for approval
• 26:15 -- Deputy County Attorney Greg Kamptner says that Commission must articulate reasons for denial of final plat.
• 27:30 -- Commissioner Edgerton asks if concern about health department report is grounds for denial.
• 28:30 -- Fritz says ordinance requires that health director approve soil suitability
• 33:45 -- Commissioner Porterfield asked if sizes of features on site plan have been field verified.
• 34:00 -- Jeff McDaniel, Environmental Health Manager, Thomas Jefferson Health District says  these systems have been installed all over the County.
• 36:00 -- Commission reconsiders final plat
• 37:45 -- Commission approves SUB2008-00109

Top-10 Growth & Development Stories of 2008

In my weekly appearance today on WINA AM 1070 on the Charlottesville Right Now program, host Coy Barefoot and I will count down Charlottesville Tomorrow's top-10 growth and development stories of 2008.

This is the third year we have counted down the top-10 growth and development stories in Charlottesville-Albemarle.  This wouldn’t be possible without the support of WINA for the Charlottesville Right Now program, host Coy Barefoot for having me on the show each week, Charlottesville Tomorrow’s donors, and the excellent reporting by my colleague Sean Tubbs and our interns and fellows.

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Charlottesville Tomorrow's Top-10 Growth and Development Stories of 2008

1. Approved 50-year Community Water Supply Plan comes under scrutiny as proposed Ragged Mountain Dam cost estimates rise and citizen group demands look at project alternatives and dredging options. [Review all our water supply news].
2. Major new housing and retail developments held up by market forces and lack of adequate public infrastructure (e.g. sewer capacity impacting North Pointe and Albemarle Place developments). National economic recession impacts local government budgets, housing market, and new home construction.  New County residential building permits total 360 through September 2008, on track to be the lowest annual total in over a decade.
3. Supervisor Ann Mallek’s first year representing the White Hall District on the six member Albemarle County Board of Supervisors results in several significant 4-2 votes breaking the 3-3 stalemate that had existed on issues like property taxes and rural area protection strategies.
4. City and County agree to seek legislation to support formation of Charlottesville Albemarle Regional Transit Authority (CARTA), a jointly run public transit authority that would take over and expand the bus operations of the Charlottesville Transit Service (CTS). Separate legislation is being recommended by a work group of Supervisors and City Councilors to seek authority to raise funds for transportation projects (including transit operations) via a local sales tax increase, if approved in a voter referendum in each locality.
5. Meadowcreek Parkway construction contract (for the County’s portion) awarded to Faulconer Construction with work scheduled to begin in early 2009. City Council opts for grade-separated “signalized diamond” interchange for the Parkway’s intersection with the Route 250. The Steering Committee had recommended a design with an overpass above an oval roundabout. City Planning Commission ends their work in 2008 with a recommendation to withdraw funding for City’s portion of project which is scheduled to go to bid in early 2009. 
6. Albemarle County approves several rural area protection strategies. Three rural area ordinance changes were approved related to holding periods on family sub-divisions, stream buffers, and driveways across steep slopes. A new land use taxation revalidation program is also approved by a unanimous vote of the Albemarle County Board of Supervisors. 
7. County continues review of economic development policy update in comprehensive plan and eyes light industrial zoning needs. As part of a lengthy (and frequently delayed) review of the Economic Development chapter of the Comprehensive Plan, Supervisors overturn a Planning Commission decision and opt to continue review of Yancey Mills Business Park, a proposal for a light industrial business park in Crozet near the I-64 and Route 250 interchange. Review of the economic development goals began in November 2007 and is once again on the agenda of the Board of Supervisors for their meeting on January 7, 2009.
8. Charlottesville City Council holds retreat in Staunton, VA.  Charlottesville Tomorrow attends as only observer from public or media. 
9. Albemarle County improves citizen and media access to important planning information by providing Internet access to complete staff reports provided to the County Planning Commission and by releasing the County View web application which allows detailed tracking of planning and building applications. Combined with the County’s GISWEB application and complete access to Board of Supervisor meeting materials and podcasts, the County has an impressive collection of material available online.
10. Charlottesville Tomorrow’s Pie Day 2008.  No other topic generated as much positive feedback and listener calls as Coy and Brian’s ongoing radio dialogue about homemade pies.

Brian’s predictions for the top stories of 2009

• 50-year Community Water Supply Plan
• Results of government efficiency reviews released by City and County.  What changes will be implemented?
• Local elections will be held for City Council and Board of Supervisors (see Election Watch 2009)
• General Assembly will block local sales tax increase for transportation funding and continue to shrink VDOT funding allocations to Charlottesville-Albemarle
• Downtown Mall renovations will be completed.  Will it be under budget and on schedule? Monitor the progress here.
• Local governments will face budget challenges as recession continues.  Revenue sharing from County to City will increase by $4 million to around $18 million a year.
• Places29 Master Plan will be unveiled.  Will it be approved?
• Crozet Master Plan’s first 5-year review gets underway
• Meadowcreek Parkway construction gets underway. Will a lawsuit stall City’s portion?
• Community will review of ASAP’s optimal population study findings

The best way to keep track of these and other stories about growth and development is to subscribe to our free weekly e-mail updates.  Thanks for listening, reading, and commenting in 2008!

Brian Wheeler