Here are some highlights for this week: 

• Staff in Albemarle have made changes to the process through which the Comprehensive Plan is being updated and will ask the Planning Commission for feedback on the plan they’ve put together. 
• Charlottesville’s Board of Zoning Appeals will have a closed session to get legal advice on how they are to interpret the new Development Code, a very broad interpretation of provisions in Virginia’s Freedom of Information Act to kick the public out of the meeting.
• Planning bodies in both Fluvanna and Louisa will take up increases to community development fees to recoup the costs of processing permits and applications.
• Fluvanna County’s Planning Commission will have a public hearing on a scaled-down update of the Comprehensive Plan as well as another public hearing on utility-scale solar uses on agricultural land. 
• Nelson County Supervisors have a lot of odds and ends including approving a project agreement for their $2.5 million Virginia Department of Transportation grant for improvements on Front Street in Lovingston. 

Thanks again to the Piedmont Environmental Council for their ongoing sponsorship of this weekly look ahead at what’s happening at meetings that you may not know were coming up. There’s a lot of talk about democracy and the role of this newsletter is to try to illuminate that which is underreported in the hopes of that changing. 

Monday, July 8, 2024

There are no meetings that have a lot of details about them, and the Places29-Hydraulic Community Advisory Committee has been canceled for this month. 

In the happening meetings: 

• The Albemarle Fire EMS Executive Committee will meet at 4:30 p.m. in Conference Room 2 at the Albemarle County Department of Fire Rescue at 460 Stagecoach Road, Suite F in Charlottesville. They’ll continue a discussion on training and registration policy and will take up a field operations guide for garden apartments. (meeting info) (agenda)
• The Fluvanna Economic Development Authority of Fluvanna County will meet at 5 p.m. in the County Administration building in the Morris Room. They’ll get an update on the Small Business Development Center’s portable assistance grant. (agenda packet)
• The Albemarle Natural Heritage Committee will meet at 5:45 p.m. in Room 235 of the county’s office building at 401 McIntire Road. They’ll discuss the potential changes to Albemarle’s solar ordinance and will review their draft work plan. (meeting info) 
• The Economic Development and Tourism Advisory Council (EDTAC) in Fluvanna County will meet at 6 p.m. in the Morris Room. Under old business they’ll discuss the historic courthouse renovation, what the Gateway Signs committee has been up to, and hear from the Fluvanna 250 Committee. (agenda packet)

Tuesday, July 9, 2024

Nelson Supervisors to consider budget requests from Sheriff, Commonwealth’s Attorney

The Nelson County Board of Supervisors will meet at 2 p.m. in the General District Courtroom at the Courthouse in Lovingston. 

There will be a recognition of retiring treasurer Angela Hicks who will leave the elected position on August 1. Hicks has served in Nelson County government with stints in Parks and Recreation and the Commissioner of Revenue’s office before joining the treasurer’s office as a clerk in 1993. She was elected to the position in November 2011 and a special election will be held for her seat in the fall. (learn more)

There will be a report from the Virginia Department of Transportation and then a presentation on a water and sewer capacity report for the property near Nelson High School that Supervisors recently purchased. Neither item has materials in the packet. 

There are several items under new and unfinished business. 

First, there’s a memorandum of understanding with the Commonwealth’s Attorney on the use of body worn cameras on public safety personnel. Specifically this relates to a 2019 budget agreement that established a funding mechanism for a position to review footage. The CA’s office is requesting a $25,000 annual increase from $32,318 to $57,318. (learn more)

There are two requests from the Sheriff’s Department with one being a grant from the Department of Criminal Justice Services for Sheriff Mark Embry’s campaign to achieve accreditation for this office. That will take a dedicated employee for a limited period.

“If successful, our office will have a higher likelihood of securing future State and Federal grant monies,” Embry wrote.

The DCJS will cover 75 percent of the cost of requiring a local match of $23,039 that is not currently in the FY25 budget. Embry has a specific person in mind who is helping the Town of Amherst with their accreditation. 

The other item is an amendment to the policy where the locality supplements pay that comes from the Commonwealth of Virginia. (learn more)

There is a resolution to join a settlement with Kroger for the overprescription of opioids. Louisa County and Fluvanna County took this matter up last week. Kroger has agreed to pay out over  a billion dollars. (learn more)

“The opioid epidemic that has cost thousands of human lives across the country also impacts the Commonwealth of Virginia and its counties and cities, including the County of Nelson, by adversely impacting the delivery of emergency medical, law enforcement, criminal justice, mental health and substance abuse services, and other services by Nelson County’s various departments and agencies,” reads the resolution. 

Greene Supervisors will take up the matter later in the day. 

There is a resolution for $2,500 in sponsorship funding from the Thomas Jefferson Planning District Commission for the 2025 Regional Housing Summit. This will be the third such event. Louisa Supervisors took up the matter on July 1. 

“Where are we seeing success around the country and how might we replicate these opportunities?” writes Laurie Jean Talun of the TJPDC in the request letter. (learn more)

Good question. This is a big topic to keep writing about and I intend to do so. 

There is also a resolution to amend the salary and classification system. (learn more)

There is also a memorandum of agreement between the Virginia Department of Transportation and Nelson County regarding the $2.5 million grant from the Transportation Alternatives Program for improvements to Front Street in Lovingston. (learn more) (read a brief story I wrote)

At the end of the meeting, Nelson County cites specific pieces of Virginia code when stating why there will be a closed session. There is a copy of the closed meeting motion. This is a best practice for transparency and I salute Nelson County for meeting this basic standard. Supervisors will get legal advice related to acquisition of disposition of public property as well as potential litigation involving the Region 2000 Service Authority. (view the notice)

Public hearing in Greene for 26,000 square foot event venue at farm winery

The five member Board of Supervisors in Greene County will meet at 5:30 p.m. for a closed session with a blanket citation of Section 2.2-3711. They’ll reconvene at 6:30 p.m. 

There is a public hearing for a request from the Beard Mountain Winery to have a tasting room in excess of 4,000 square feet. You may recall the Board of Zoning Appeals recently took up a request to overturn the zoning administrator’s determination that the land qualifies as a farm winery. 

Supervisors’ public hearing was originally intended to be held on May 28, 2024 but was deferred. Beard Mountain Winery is seeking to build a structure up to 26,000 square feet. 

“The Beard family has run a successful wedding planning business for ten years, has been located in Charlottesville for approximately five years, and would like to relocate and expand their business into Greene County,” reads the applicant’s letter. “With facilities often booked out years in advance, there is an enormous demand for new high-quality venues.” 

Charlottesville’s Board of Zoning Appeals to meet in closed session

Charlottesville’s new zoning code went into effect over four months ago and the rules have changed for how land use applications are processed. The role of the Planning Commission has been greatly reduced, reduced so much that they aren’t even holding a meeting in July. 

There could be a greater role in the future for the Charlottesville Board of Zoning Appeals (BZA), a body that is appointed by the Circuit Court and whose members serve five-year terms. 

“The function of the BZA is to hear and decide appeals from any decision or determination made by [the] zoning administrator and to authorize variances from the laws set forth in the Zoning Ordinance,” reads the city’s website for the body. 

Under the new Development Code, the person designated to be the zoning administrator has a lot of discretionary power and it is likely that there may be more of a role for the BZA to play if rulings are challenged more frequently. 

The BZA is cited 37 times in the new Development Code. Here are some things to know:

• Parties who wish to challenge a determination by the floodplain administrator would do so before the BZA
• The BZA can grant a special exception to build in the floodway 
• If a temporary use permit is revoked by the zoning administrator, the permit holder can appeal to the BZA
• The BZA will also hear appeals related to tree removal permits, sign permits, administrative modifications
• The BZA will have the final decision on variances and floodplain variances

The BZA has a closed meeting scheduled for 4 p.m. in the 2nd floor conference room, but there is no specific citation to justify why the meeting can evade having members of the public present. 

“The purpose of this meeting is to provide an overview of the new Development Code to members,” reads the agenda.

Public bodies can go into closed session for advice from legal counsel, but in this case, who is the legal counsel? Charlottesville’s City Attorney remains on administrative leave. Who requested the closed meeting? Staff? A member of the Board? Is there a specific piece of litigation that triggered this review under § 2.2-3711(A)7, or is it a more general review under § 2.2-3711(A)8? 

Planning Commission to learn about “refined” process for Albemarle comp plan

The Albemarle Planning Commission will meet at 6 p.m. in Lane Auditorium in the county’s office building at 401 McIntire Road. (meeting info) (agenda)

Albemarle County launched an update of their Comprehensive Plan in early 2022 that was intended to take place in four phases. The second phase ended up and some point and phase three appears to have been stalled.

Now the process is being altered as the seven Commissioners will learn at a work session. 

“During the work session, staff will share a refined Plan structure along with an overview of next steps in the AC44 project,” reads the staff report. 

In April, staff concluded their presentation to the Planning Commission and Board of Supervisors on draft goals and objectives.

When the second phase ended, staff put community engagement efforts on hold and instead have been working on the document in-house and with other “partner agencies” to come up with the objectives. 

It appears that several terms have been changed. The name AC44 remains. 

• What was known as the “AC44 Framework” is now simply called “Guiding Principles”
• A series of planning exercises intended to create additional density in some areas of the county used to be called “planning toolkits” will now be referred to as “policies for coordinated land use and transportation planning, service provision, and resource protection in the Development Areas and Rural Area”
• This Comprehensive Plan update will no longer have chapters but instead they will be called “Plan Elements”
• The plan will now be presented in four parts: Plan Context, Place Type Framework, Plan Implementation and an Appendix. There are no specific details in the materials. 

Internal work will continue through the summer, work that is not the subject of this work session. Instead, the “AC44 team” will check-in with the Planning Commission on what they think about the new process. Virginia Code charges Planning Commissions with updating the document, but it appears staff has taken control of the process. 

“The AC44 team is anticipating an upcoming round of community engagement in the fall focused on gathering community input on draft catalyst projects and the place type framework, including a draft future land use map,” reads the staff report. “After this round of engagement, the AC44 team anticipates sharing the draft Comprehensive Plan document for community review.” 

Some questions I would ask if I was on the Planning Commission. 

• What is the stated reason why this process has been changed?
• Who are the members of the “AC44 Team” and are these documents obtainable through the Freedom of Information Act? 
• Will the Future Land Use Map include adjustments to the growth area boundary? 
• What is the status of any citizen advisory body that has been working on this project?

Under regular business, there is a public hearing on a special use permit for a landscape contracting business on property in the rural area. (staff report)

Fluvanna PC to hold public hearing on partial Comprehensive Plan update

The Fluvanna County Planning Commission meets at 7 p.m. in the county administration building. (meeting packet)

There are two public hearings.

One is on a recommendation on a resolution of intent to amend county code for changes to the zoning and subdivision fees. (learn more)

The second is also on the re-adoption of the 2015 Comprehensive Plan with changes to the Land Use and Community Design, Economic Development, and Historic Preservation chapters. Take a look at the draft here. There are no changes to boundaries for planning areas. Read the staff report here.

There will be a site development plan for the S.B. Cox Road and Recycling Center. Supervisors approved a special use permit for the property in 2023. (learn more) (staff report)

There is a request from the homeowner’s association of Meadowbrook Phase IV to amend conditions pertaining to a 2005 subdivision approved by the Board of Supervisors. Some of these conditions require infrastructure that members of the HOA don’t want to pay for.  For instance, they want to remove a condition requiring a fire suppression well because they don’t feel the members of the HOA should have to pay for it now that there’s a fire station nearby. They also don’t want certain amenities built such as a playground because they are retirees. There’s a fascinating story here. (learn more) 

Under unfinished business, there is a request for deferrals for a zoning map amendment related to a business that wants to connect to public water and sewer. The applicant now wants an extension until at least June 2025. (learn more)

There will be a further discussion of utility-scale solar in the Agricultural-1 zoning district. At the end of a June 25 special use meeting, a motion to remove the use in A-1 districts failed to get a second following a public hearing. There was a 3-1 vote to recommend deferral while more research went into the creation of a “solar district” where the use would be allowed. 

Under new business there is an amendment to the by-laws to change meeting locations as the Carysbrook Performing Arts Center is no longer being used. (learn more)

In one other meeting:

• The Albemarle Board of Equalization will be held between 8 a.m. and 6 p.m. according to the meeting notice page. More on these meetings in the next edition of the newsletter. (meeting info)

Wednesday, July 10, 2024

Fluvanna/Louisa water authority to get update on new infrastructure

Construction activities have begun for a pump station and waterline to Zion Crossroads. That’s a goal that the James River Water Authority has been working toward for years 

The Board of Directors will meet at 9 a.m. in the Morris Room of the Fluvanna County Administration Building. (meeting packet)

We learn a lot from the minutes of the May 8 meeting when the board was shown drone footage of grubbing and land clearing. Installation of the pipeline is anticipated to begin in June 2025 and there will be some delays due to ongoing efforts to preserve cultural resources.  These could involve:

• Any discovery of human remains will stop work immediately, but a report notes that the alignment was chosen due to lower likelihood of encountering such sites. If remains are discovered, the Monacan Nation will be informed to conduct their own investigation. 
• During construction, efforts will be made to preserve the historic Rivanna canal with an archaeologist on site when that comes. Same for the crossing of the Rivanna subdivision railroad. 
• There are provisions for when there is an unexpected discovery of a cultural 

In other meetings:

• The Albemarle Electoral Board will meet at 9 a.m. in Room C of the county’s office building at 1600 5th Street. (meeting materials) (meeting info)

Thursday, July 11, 2024

Louisa County PC to take up fee increases 

Many appointed and elected bodies have routines for how they do their meetings. The Charlottesville Planning Commission, when it meets, has an informal “gathering” that takes place away from the cameras in City Council Chambers.

When the Louisa County Planning Commission meets, they have a work session first in which they discuss items that will appear before them later in the evening. That’s the case this July when they’ll discuss changes to the growth overlay districts. The Louisa Board of Supervisors has asked them to review language related to landscaping, buffering, and screening. (work session agenda)

“One aspect of the proposed amendments will give the Zoning Administrator the ability to waive or alter the planting requirements for (a) Commercial and civic uses; multifamily dwellings, provided the project meets the intent of the requirements,” reads the staff report.

The regular meeting begins at 7 p.m. and is also televised like the work session. (agenda)

Under unfinished business they’ll take up proposed fees charged by the Department of Community Development to cover the cost of the county processing them. 

“In FY23, the department incurred expenses of $1,395,757.87,” reads the staff report. “Fee revenue offset $1,201,687.72 of these costs, resulting in a funding gap of $194,070.15.”

The same happened in FY24 though the gap was reduced due to several open positions including the department director. 

Under these fee changes, the cost to review a new single family house would increase from a minimum of $300 to a minimum of $1,500. 

There is a public hearing for Louisa Mini Storage LLC’s request to amend a proffer for their rezoning to adjust language requiring trees to be planted to screen the use. 

“Proffer number three (3) allows for only three (3) specific plantings for screening purposes within the required 378 foot eastern boundary,” reads the staff report. “However the owner planted Brackens Beauty Magnolias which was not listed as a proffered planting specie.” 

Staff recommends this planting as they feel it would provide enough screening, but have no power to make the change. That’s why there’s a potential zoning text amendment coming to alter the process as we see in the work session. 

In other meetings: 

• The Albemarle Board of Equalization will be held between 8 a.m. and 6 p.m. according to the meeting notice page. This will take place at Room 235 in the county’s office building at 401 McIntire Road. More on these meetings in the next edition of the newsletter. (meeting info)
• The Charlottesville Redevelopment and Housing Authority will have a work session in City Council Chambers at 6 p.m. There is no agenda posted at publication time. (meeting info)
• The Charlottesville Police Civilian Oversight Board will meet at 6:30 p.m. in CitySpace. There’s no information available at the meeting at publication time. (meeting info)

Friday, July 12, 2024

Charlottesville Historic Resources Committee to discuss Court Square marker

A city committee charged with reviewing historic materials in Charlottesville meets once a month. The Charlottesville Historic Resources Committee often provides updates on a walking map tour for Downtown Charlottesville as well as  engagement with people descended from enslaved persons who were sold at Court Square. 

The latter’s efforts have resulted in a new marker that will be erected there and will be delivered to the city in August or September. According to the agenda, the committee will get to determine when it will be unveiled. Here is the text:

Sales of Enslaved People in Court Square

Between 1762 and 1865, auctioneers sold enslaved men, women, and children at various locations in Court Square: outside taverns, at the Jefferson Hotel, at the “Number Nothing” building, in front of the Albemarle Co. Courthouse (where sales were then recorded), and, according to tradition, from a tree stump. After Thomas Jefferson’s death, 33 enslaved people from his Monticello estate were auctioned at the Eagle Hotel in Jan. 1829 to satisfy his debts. Enslaved Charlottesville residents Fountain Hughes and Maria Perkins recalled Court Day sales as dreaded occasions that separated Black families. Such sales were frequent in Virginia, where the domestic slave trade was central to the economy.

The Historic Resources Committee will also discuss the marker for the Carver Inn and a replacement market at Johnson Elementary School. They will also discuss what to discuss in August, which could include discussion of how to connect bike and pedestrian pathways to places of historic significance. 

*

In another meeting, the Fluvanna County Electoral Board will meet at 10 a.m. in the registrar’s office at 265 Turkeysag Trail, Suite 115. (meeting info)