December 16, 2024: Governor Youngkin proposes making service tips exempt from Virginia's income tax
Plus: VDOT is taking public comment on whether a public hearing should be held for a new exit on U.S. 33 near Stanardsville
On this day in 1653, Oliver Cromwell became the Lord Protector of the Commonwealth of England, Scotland, and Ireland. This was four years after the execution of King Charles I and a temporary end to the monarchy. After Cromwell died, the role passed on to his son who did not command the same power and in 1660 the House of Stuart returned to the thrown.
This is Charlottesville Community Engagement, a newsletter that has nothing to do with medieval history but who is to say that these times are any less important? I’m Sean Tubbs, and you may be able to tell I really enjoy looking back at all kinds of history.
In today’s installment:
Governor Youngkin announces proposal to exempt service tips from the state income tax
The Virginia Department of Transportation is seeking public comment on whether there should be a public hearing on a new exit on U.S. 33 in Greene County near Stanardsville
The Greene County Planning Commission on Wednesday will discuss a proposed technology zoning district to regulate data centers and other 21st century uses
Before the Charlottesville Board of Architectural Review will once again takes up the redevelopment of the Violet Crown cinema on Tuesday, a look back at their discussion on November 19
First-shout: Rivanna River Restoration Project underway at Riverview Park
In today’s first Patreon-fueled public service announcement: The Rivanna Conservation Alliance is leading a public-private partnership to help restore the health of the Rivanna River at Charlottesville’s Riverview Park.
This comprehensive initiative aims to restore critical sections of riverbank, enhance water quality and native habitat, repair a severely eroding stormwater outfall, and provide more opportunities for the community to safely access the river in one of the Charlottesville area’s most cherished natural recreational areas. The work is being done in conjunction with the City of Charlottesville and local design firms Ecosystem Services and Wolf Josey Landscape Architects.
To follow the progress of the project, visit the RCA’s website at rivannariver.org.
Governor Youngkin floats proposal to exempt service tips from Virginia’s income tax
Newly-filed legislation is not the only way that proposals to Virginia government policy are made at the end of a calendar year. Governor Glenn Youngkin has begun releasing several proposals including last week’s announcement related to funding for local and regional jails.
Today the Governor announced a budget proposal that would exempt tips received by service professionals from Virginia’s income tax, a move that he said is estimate to return $70 million to individuals and families.
“By removing tips from taxable income, it will directly increase the take-home pay of hundreds of thousands of Virginians and give them more buying power, which in turn will improve financial stability, stimulate local economies, and honor the value of their hard work,” Youngkin said at an announcement today.
According to the Virginia Department of Taxation and the Virginia Employment Commission, more than a quarter million people in the Commonwealth are either in the food service industry, the hospitality industry, or personal care services.
The income would still have to be reported to the Internal Revenue Service but those who earn tips would be able to earn a deduction.
According to the Legislative Information System, Virginia’s Governor prepares the budget in the form of a bill that goes through both chambers of the General Assembly.
“Each bill is passed by their house of origin and communicated to the other body,” reads the Frequently Asked Questions section. “The Senate will refer the House bill to the Senate Finance & Appropriations Committee, then report it out of committee with amendments.”
Do take a look at the FAQ for more on how the state budgeting process works in Virginia.
VDOT taking public comment on change to U.S. 33 near Stanardsville for Blue Ridge Meadows subdivision
The development of a 439-unit community in the works in Greene County is proposing to make changes to a portion of U.S. 33 that is currently a four-lane highway with use restrictions.
“The applicant proposes to modify the limited access section to create a right-in, right-out access to Blue Ridge Meadows, a proposed development between U.S. 33 Bypass and U.S 33 Business,” reads a public notice published in the December 5, 2024 Charlottesville Daily Progress.
The Virginia Department of Public Transportation is taking public comment on the application through December 23. One question is whether there is enough support for a public hearing. Written questions are to be made to Carrie Shepheard at 701 VDOT Way, Charlottesville, VA, 22911.
The developer had originally sought 500 units on the property and had pursued a rezoning of the land to Planned Unit Development. The Board of Supervisors voted 3-2 in September 2023 to deny the proposal.
The project has moved forward anyway but the number of units was reduced to 439 in order to proceed by-right. There are 114 units within the town limits of Stanardsville right the rest in the county. Both the Greene County and Town of Stanardsville approved a subdivision plan in August.
The subdivision plan for the Blue Ridge Meadows neighborhood in the planning stages. You can see the right-in right-out exit at the bottom middle of the image. 1(Credit: Shimp Engineering)
Greene County Planning Commission to further discuss tech zoning district
The final meeting of the Greene County Planning Commission has two work sessions that could serve as a preview for some of the locality’s biggest policy topics for 2025.
One of them is a review of a proposed new zoning district intended to attract 21st century businesses.
“High-tech enterprises such as information technology, national security, biotechnology, advanced specialty manufacturing, and other companies classified as ‘technology’ businesses provide high-paying, low-impact employment opportunities and new revenue sources from economic development,” reads the staff report for the proposed Technology / Flex Research and Development.
The report notes Greene’s proximity to the National Ground Intelligence Center, the University of Virginia, and James Madison University. The district would also serve as a way of identifying regulations that could be in place to protect health, safety, and welfare.
“This district is designed to accommodate a mix of technology-driven, research-oriented, and light manufacturing uses that align with the county's vision for economic development and high-quality job creation within a campus-like setting,” reads the statement of intent in the proposed ordinance language.
As currently written, the language would allow several uses by right including, research and development facilities, and advanced manufacturing.
Data centers would be allowed by-right if they are subordinate to another use, but would be allowed as a primary use with a special use permit. A property owner would also need a special use permit for a conference center, testing facilities, and pilot production facilities for testing new technologies.
There is no map provided in the five-page staff report.
The other work session is on agritourism and changing the rules for events at farm wineries, farm breweries, and events at agricultural operations. The Planning Commission also discussed this at their November 20 meeting according to the minutes.
Second shout-out: Supporting the Keswick Heritage Fund’s Love Better Project
The Keswick Heritage Fund is a partnership of several churches in Albemarle County that provides education support and opportunities for professional development. One of their outreach programs is the Love Better Project, which provides scholarships to Black students in the Keswick area. The fund was created soon after the inaugural scholarship was awarded in 2020.
Grace Episcopal Church, Union Grove Baptist, Union Run Baptist, Zion Hill Baptist and St. John Church are united for growth through community partnership and education. To learn more about the fund, the scholarships, and the churches themselves, visit their website at keswickheritagefund.com.
Charlottesville Board of Architectural Review to resume discussion of 200 West Main on Tuesday
One of the biggest land use stories in November concerned a proposal to redevelop the Violet Crown cinema at 200 West Main Street with a residential building that would be 184 feet tall. That’s allowed under Charlottesville’s new Development Code if certain conditions are met, but those conditions have nothing to with the Board of Architectural Review.
Jeffrey Levien of Heirloom Development has a contract to purchase the property and on November 19, 2024 the BAR held the first pre-application conference to provide feedback on the early stages of a design proposal.
“This is a request to construct a new building at this site which presumably would require the demolition of the existing building, which would require a COA because it is designated contributing,” said Jeff Werner, the city’s historic preservation planner.
A COA is a Certificate of Appropriateness that the BAR must grant because the property is within one of the city’s architecture design control districts. Demolition would be just one step as the appointed body would also have to sign off on the design.
During a preliminary application conference, the BAR may provide feedback but Werner said their comments are not binding.
“For example, the BAR might express consensus support for certain materials, identify features that require revision or clarification, or request additional analysis, et cetera,” Werner said. “But such comments will not constitute a formal motion and the result will have no legal bearing, nor will it represent an incremental decision on the required COA.”
This proposal comes at a time when the city’s new Development Code is less than a year old and so far there have only been a handful of “major development plans” to take advantage of new allowable heights.
“It's a very important first test of our code because what I want to discuss tonight is like, do we want to unlock the development of this property?” Levien asked at the beginning of his presentation.
Levien said he needs to first know if the BAR would grant a COA for demolition and then he needs to know if they would support the massing and scale he proposes. While the new development code has stripped out the role the Planning Commission and City Council play in individual projects, the new rules give the BAR some amount of discretion in the Downtown Mixed Use district in which 200 West Main is located.
“In Downtown Mixed Use (DX), where the BAR has authority, the maximum height is determined based on BAR review using their design guidelines,” reads section 2-125 of the Development Code. “In areas outside of BAR authority, the maximum height is determined by the maximum number of stories and feet allowed by the zoning district.”
Anyone who disagrees with whatever decision the BAR makes can appeal to City Council.
To design the building, Levien said he needed to know how high he could go and have that decision locked down. He said he didn’t want to waste money on a design that could never get approved.
“I didn't know where to start, but we have to start the conversation if we're going to test this code,” Levien said.
One item to take into consideration with tall buildings is the sunlight they may block at different parts of the day. One of the items in the November 19 was a shadow study intended to help the BAR with their decision. Levien also made a pitch for how a residential building would fit in with the future of the Downtown Mall.
“The city's mission is designed to provide more housing,” Levien said. “This is what this project does. The Violet Crown is a jewel. It's a jewel that's just become outdated as far as a business model in the world of theatres. That's my opinion based on a lot of fact.”
BAR member Cheri Lewis took a few minutes to read directly from the guidelines for demolition and you can follow along in the BAR’s guidelines. She stopped about halfway through.
“Excuse me as I go on and on, but this is important stuff, guys,” Lewis said. “This is what we should be talking about tonight. The applicant wants us to demolish. He's not. He's stood up and not given us a reason. So I just want to refocus this. I'll be done in about a minute.”
After hearing the list, BAR member Ronald Bailey said he didn’t think demolition of 200 West Main Street would violate the guidelines. Planning Commissioner and BAR member Carl Schwarz agreed.
“I'm not sure I would have much trouble accepting a demolition,” Schwarz said. “There's not much left of that building that I think dates to the department store that used to be there.”
Levien has previously gotten approvals from the BAR to demolish the existing shopping center at 218 West Market Street as well as the building where Brown’s Lock and Key is located. Later in the meeting, he pointed out that demolition is tied to getting a building permit for the next building.
“I do want to point out to Ms. Lewis that as I've done in the past, I will completely give a full COA of answering all those questions and I believe like those will be answered and those will be satisfied,” Levien said.
BAR Chair James Zehmer agreed that this proposal is a test case and the appointed body will proceed cautiously given its location.
“The Downtown Mall is on the National Register of Historic Places so we need to do this thoughtfully and carefully,” Zehmer said. “If it moves forward, I think that the BAR certainly does have the right to exercise its authority to limit the height of this building to within two stories of the existing height of the buildings on the Downtown Mall.”
Members of the BAR sought a more detailed shadow study and to get a determination from the city’s tree experts on what effect a lack of light may have on their health. That will be a major discussion point on Tuesday.
Schwarz said he felt the building should be stepped back from the Mall and that any height should be toward the Water Street end of the property.
“Personally, to me, density downtown does not necessarily mean density right up on Main Street,” Schwarz said. “It could mean density on the two parking lots on Water street or we have another parking lot that Woodard owns on Market Street. There's various locations that are downtown that would greatly increase the number of people downtown that aren't necessarily right on the Mall.”
Toward the end of the conversation, Levien said City Council agreed to 184 feet as the tallest possible height in the Downtown Mixed Use zone. That was a long process that resulted in the Development Code.
“That's the rules right now, “Levien said. “The exception to the rule is that you have the power to reduce that and I respect that. I am just trying to get to the point of what that means because it's either going to mean a project's viable and we can activate this mall and change a lot of things holistically about this Mall.”
While Werner had warned the BAR that they cannot dictate any of the uses in the building, Lewis had asked if there would be retail on the mall side because she wanted some sense of what the new structure would do for the Mall.
“We do have a purview over [the building] and certainly how this big building interacts and impacts our Downtown Mall,” Lewis said. “That is our purview. And that's why I asked that question.”
Levien said he could counter with the amount of economic benefits that might come from a residential structure on the mall, but he just wanted to know what building envelope the BAR would approve.
Toward the end of the discussion, Zehmer summarized what had been said.
“I think there's a general feeling that demolition of the existing structure would be allowed,” Zehmer said. “Again, you'd have to provide the proof of the benefit to do that and the reasoning why we should allow it. I think, as some of us have summarized, I think stepping back is something we should explore, especially on the Main street downtown mall facade.”
Zehmer said there should also be a stepping back on Second Street SW and that facade on the Mall should be at human scale.
Levien said the conversation was helpful.
“I think the city did a phenomenal thing,” Levien said. “It took a wide shot at zoning. The question is, can we put it into practice because if it's theoretical, it doesn't mean anything to anybody.”
The conversation continues on Tuesday, December 17, with another pre-application conference. For some more details, check out yesterday’s Week Ahead newsletter.
Reading material for #781
A new version of Missing Middle zoning changes may be studied, Scott McCaffrey, ARLNow, December 12, 2024
Virginia K-12 enrollment plateaus, still down since pandemic, Anna Bryson, Richmond Times-Dispatch (via Charlottesville Daily Progress (paywall)), December 13, 2024
Campbell County Planning Commission votes against landfill rezoning request, WSLS (via YouTube), December 13, 2024
Charlottesville City Council decides Monday whether to give $3 million to The Salvation Army to expand and build a new shelter, Charlottesville Tomorrow, Erin O’Hare, December 13, 2024
Nelson's annual financial audit delayed, CBS19 News, December 13, 2024
Cifers triumphs in multi-round vote to represent GOP in state Senate District 10 special election, Markus Schmidt, Virginia Mercury, December 14, 2024
Finding a route to fiscal stability for US transit agencies, McKinsey & Company
The thing about #781 is…
When I hit send in a few minutes, there will have been three separate posts in the feed within 24 hours. That will likely mean fewer reads as this stuff does get confusing. But I’m planning on a full week of newsletters this week as I continue this experiment in journalism.
I have one more big story for today but I want out of time. My dad phoned when I was one paragraph away from completing today’s edition, and I took ten minutes to speak with him. He and my mother now live far away after being relatively close.
Someone today asked me if I have a plan for this newsletter’s future. I do in my head, and scattered across a dozen or more planning documents. I’m not sure what it looks like from the outside, but for me, I am trying to create an information outlet from the ground up. My main interest has been making sure I can get stories out that people are interested in.
How it all comes together is an improvisation, and I’m a big fan of improvisational comedy. I’ve also spent the last 15 years trying to write songs but I much prefer the visceral thrill of making something up off the top of my head. I most spare the world from that stuff, but this newsletter lays out my approach fairly bare.
Thanks to all the paid subscribers, most of whom have been thanked. One day I do hope to have someone to help with all of the business functions, but I can’t cover that person’s salary now. Do I have a plan for it? I guess I better build one.
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