Charlottesville Tomorrow Blog

County approves major retail development between Fifth & Avon

The Albemarle County Board of Supervisors has unanimously voted to approve a new retail development south of the City of Charlottesville. The Fifth and Avon Center will bring 470,000 square feet of retail space just south of the City of Charlottesville, in a configuration that will include at least two “big-box” retail stores, as well as a five-story parking structure to serve the site. The property is being developed by Hunter Craig in collaboration with investors who include Coran Capshaw.

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Listen using player above or download the podcast: Download 2008080312-BOS-5thAvon.mp3

In addition to the site, the County will get a new road called the Bent Creek Parkway that will connect Avon Street with Fifth Street on a route that runs the northern perimeter of the new development along Moores Creek. However, part of the road will traverse an old landfill site.

The approval came despite proffers that were dated March 10, two days before the advertised public hearing. According to its own policy, the Board is supposed to receive final proffers nine days before the public hearing to give both staff and the public the opportunity to review them. However, state law allows for proffers to be updated up until the time when a public hearing is called.

The staff report lists several changes that have been made to the proffers in response to the Board’s work session on January 16, as well as other information requested

• The developer has guaranteed the shopping center will be built as one phase, though the site plan would include creation of pad sites for later use
• Developer commits to using green roofing for at least 25% of project as well as rainfall harvesting
• To allay concerns about the County being liable for any ruptures from the old landfill, the property owner will retain ownership of the section of the Bent Creek Parkway that crosses over the landfill – a permanent easement will be granted
• The Department of Environmental Quality has approved the developer’s work plan for how to ensure the landfill does not rupture during construction or after
• Developer proffered that Bent Cark Parkway must be complete before certificate of occupancy can be granted
• County Transportation Planner Juandiego Wade issued a statement that the Bent Creek Parkway would not contribute to additional congestion at I-64 and Fifth Street, and would ease congestion at some intersections on Route 20. However, Wade’s report also mentions that VDOT will conduct a detailed study on the future capacity of the I-64/5th Street interchange “when their workload permits.”

However, staff recommended denial of the plan despite these changes, pending resolution of several issues. First, there were a series of technical errors that prevents the proffers from being legally acceptable. County Attorney Larry Davis said the March 10 revisions corrected those mistakes. Cilimberg said the revisions did not address staff’s outstanding concerns.

Those remaining concerns included:

• Whether the Architectural Review Board would retain control over certain aspects of the plan, including approval of any illuminated signs
• Because occupancy permits will depend on the completion of the Bent Creek Parkway, City engineering staff must sign off on road signals and transportation improvements, such as its intersection with Fifth Street. However, if for some reason the City misses certain deadlines for responding to developer correspondence on these improvements, proffers to fund their construction would not be guaranteed. Staff also questions who would be responsible for right of way acquisition
• If site plan needs to be changed to meet County’s stream ordinances, further rezoning may be needed

Before Chairman Ken Boyd (Rivanna) opened the public hearing, Supervisor Dennis Rooker (Jack Jouett) asked if the public hearing would need to be delayed if a new proffer was suggested by developer in response to staff concerns. That prompted some discussion of whether the people who had signed up to speak should be heard, if the Board was forced to delay the public hearing to satisfy its policy. Boyd invited Stephen Blaine of LeClair Ryan, counsel for the developer, up to the podium to discuss staff concerns before the public hearing was called.

Blaine waived the traditional presentation, and instead used his time to address the concerns. He told Slutzky that the proffers require the landfill mitigation work to be conducted according to the DEQ work plan. He added that the development would meet or exceed the requirements of the ARB, and that the ARB would have to approve each sign. 

Eight people spoke during the public hearing. The first six all reside in the southern end of the County, and welcome the chance to have a grocery store and home improvement store closer to their home.

Morgan Butler of the Southern Environmental Law Center said his organization has been following the development closely, and could not recommend it unless the big box stores were required to be two-story. He added the development would increase traffic, and that the developer should be required to contribute to a fund to pay for improvements elsewhere in the road network. Butler also said he was troubled by the Board’s practice of allowing proffers to be altered up until the public hearing is called.

Jeff Werner of the Piedmont Environmental Council said the project would end up impacting the County due
to increased traffic, and could hurt the City as well.

“It’s frustrating as a City resident to watch Albemarle County just sort of slowly change the perimeter of the beautiful City of Charlottesville into a sort of Anywhere USA Big Box,” Werner said, lamenting what he perceives as the region’s transformation into Northern Virginia.

After the public hearing, Supervisor Lindsay Dorrier (Scottsville) said he supported the project because it would mean more money would be spent in Albemarle Country, rather than Augusta County. One speaker during the public hearing had mentioned her neighbor travels to Waynesboro rather than shopping along Route 29 in Albemarle.

Slutzky said he did not think the project would generate traffic, but instead would transfer traffic away from Route 29 by giving residents of southern Albemarle more choices. He praised the developer for proffering green roofing technologies, which was not required.  “a particularly high quality project,” he said.

Rooker said the project is consistent with the Comprehensive Plan, and took issue with Werner’s characterization of the project.

“If you drive around Route 3 in Fredericksburg, you’re not going to see anything like this project, which is surrounded by a significant green buffer, is very sensitive to the streams, incorporates trails, has a good pedestrian plan within the project,” Rooker said. He added that the site could allow multi-story buildings.

Thomas said she lost the battle with her fellow Supervisors when the County changed the Comprehensive Plan designation for the property in 2004 to allow for this use. “So, having lost it, I think I’m about to vote for my first big box, because I think the transit provisions, the pedestrian, the bike network, the other environmental  aspects. Have we pushed as hard as we could? Could we have gotten something even more special? We’ll never know, but this is certainly the best that we’ve seen and I’m excited that it’s going to set a good standard.”

TIMELINE FOR PODCAST

• 1:04 - Staff report from Wayne Cilimberg, detailing the changes in the plan since the January 16 work session
• 11:43 - Cilimberg reviews staff recommendation
• 13:01 - Supervisor Slutzky expresses concern that he has not seen a copy of the work plan to secure the landfill
• 15:09 - Supervisor Thomas asks questions about the "tree-islands" staff is recommending be placed between every ten spaces in the surface parking lot, as well as questions on pedestrian-friendliness of the development
• 16:41 - Supervisor Rooker asks how public hearing will be affected if a new proffer is suggested by developer in response to staff concerns
• 18:34 - Supervisor Rooker asks a question about an ARB requirement to have a 50 foot buffer zone between I-64 and the property to hide the development from view
• 20:04 - Supervisor Mallek asks about staff concern regarding stream buffer ordinance and the potential for required work outside the property
• 21:29 - Stephen Blaine of LeClair Ryan addresses staff concerns
• 28:36 - Thomas asks Blaine for clarification on issue of illuminated signs
• 34:16 - Thomas asks for definition of "extensive" roofing
• 35:25 - Slutzky asks his colleagues if they are satisfied with Blaine's responses
• 37:31 - Thomas asks how traffic at 5th Street and I-64 interchange will be affected
• 40:04 - County resident Hugh Underwood speaks at public hearing in favor
• 42:01 - County resident Lorraine Renella speaks at public hearing in favor
• 43:09 - County resident Rebecca White speaks at public hearing in favor
• 45:13 - Downtown Mall business owner and City resident Jacob Martin speaks at public hearing in favor
• 47:03 - County resident Sam Towler speaks at public hearing in favor
• 48:11 - Willoughby resident David Storm speaks at public hearing in favor
• 50:46 - Morgan Butler of the Southern Environmental Law Center speaks against the big box element of the development
• 53:46 - Jeff Werner of Piedmont Environmental Council cautions against traffic increases
• 56:08 - Public hearing closes and Supervisors discuss, followed by motions to approve

Sean Tubbs

Fifth and Avon Center developers receive more feedback; Slutzky raises landfill concerns

Before a project to develop a new retail center south of the City of Charlottesville  can go forward, members of the Albemarle County Board of Supervisors want the developer to make a few more assurances. Chief among them: a guarantee that a road being built to connect the project to Avon Street Extended won't disturb a landfill buried beneath.

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Listen using player above or download the podcast: Download 20080116-BOS-5thAvonWorkSession.mp3

Source: Street Sense

New Era Properties LLC and Avon Holdings LLC are seeking a rezoning of almost 87 acres from Light Industrial and Rural Area to Planned Development Shopping Center (PDSC). That will allow up to almost half a million square feet (476,355) of commercial space, to be distributed across two big box stores and several smaller stores. No specific tenants have yet been confirmed.  A special use permit has also been filed for the construction of one or more parking garages.

The Cox Company is serving as the consulting engineer, and the applicant is being represented by LeClair Ryan.  The Bond Company is serving as the main architectural firm. The property is located just north of the junction of Interstate 64 and Fifth Street Extended, with Moore's Creek serving as the northern boundary.  Part of the property is located on an abandoned landfill.

The Planning Commission recommended approval of the rezoning on a 6-1 vote in July 2007. The Board of Supervisors seemed pleased with changes that have been made since  a previous  work session on November 7, 2007. Since then, the development team has:

• Adjusted the location of parking structures and reduced their size relative to the commercial buildings, and depicted them on the conceptual plan. Frontage buildings are now shown on the internal streets.
• Shown a connection to the Willoughby subdivision on the conceptual plans
• Relocated the proposed Bent Creek Parkway (which connects 5th Street Extended to Avon Street) to avoid a section of landfill, and agreed to maintain it as a private road until environmental assessments show that the landfill it does not pose a threat.

The plans are still at the conceptual phase, because the development will be tailored to suit anchor tenants, who have so far not yet been announced.  But, the plans are far enough along  for staff to recommend the project move forward because it conforms to the Neighborhood Model concept.  At the beginning of their work session on January 16 meeting , the five Board members present raised further concerns they wanted to see addressed. Chairman Ken Boyd (Rivanna) was absent.

Stephen Blaine

Stephen Blaine, an attorney for LeClair Ryan, said the development team has been responsive to feedback from the previous work session, and would continue to do so.

“I believe our proffers have been additive ever since we began this,” Blaine said.

SUPERVISORS RAISE FURTHER CONCERNS

Supervisor Dennis Rooker (Jack Jouett) had questions about how much traffic would be generated by the retail center. The numbers were not presented to the Board at this meeting. Rooker said he believed previous staff reports had estimated the number at 12 to 15 thousand trips per day.

Wayne Cilimberg, the County's Director of Planning and Development, said VDOT has accepted the Cox Company's estimate of 13,240 trips per day, a number that influenced the proffered transportation improvements. Rooker said he was concerned that the interchange of I-64 and Fifth Street Extended could be overwhelmed.  He wanted more analysis of how much the east-west connector road, known as the Bent Creek Parkway, would alleviate that congestion.  The road, which will entirely be paid for by the developers, is estimated to cost between $5 and $6 million.  Additionally, the Biscuit Run development contains proffers to expand the interchange, but not to widen the bridge that crosses over I-64.

Blaine says there has not been any increase in density since VDOT examined the applicant’s numbers. He added that the applicant has agreed to contribute to the City's traffic signal synchronization program because of the additional lights on Fifth Steet Extended and Avon Street.

Supervisor Sally Thomas (Samuel Miller) brought up the question of interconnectivity to neighborhoods South of I-64, and wanted to know more about how transit would tie into the development.  Cilimberg said the existing proffers contain specification for transit stops within the center, as well as extensive pedestrian connections. Thomas also wanted to know if the development would be able to make use of rainwater. 

Supervisor David Slutzky (Rio) said he was still concerned about the Bent Creek Parkway because it travels across the landfill.  County Attorney Larry Davis said the road would be private until such time as potential liability issues are worked out, but the proffer language needed to be “massaged” to clarify.
Slutzky re-emphasized his concern.

“If the landfill proves to be more natty than we'd all hoped, and the clean-up takes forever,  and the area of clean-up is extensive enough that it no longer is even realistic enough to build the private connection, are we approving a project that's going to be populated with tenants and lots of traffic and there's only going to be one way in and out?”

“We're not going to start this road project until we've presented our plan to [the Department of Environmental Quality],” Blaine said.  DEQ feedback led to the repositioning of the road.

Slutzky was concerned that would not go far enough to ensure the landfill would not present a danger in the future.

“We don't know actually know precisely what's in there and precisely where it goes until you're digging at it,” Slutzky said.  He wanted the final application plan to set up a contingency plan in case the landfill does prove to be more onerous.

Davis said occupancy of the buildings would be contingent on the construction of the parkway, so that
issue will need to be resolved sooner rather than later.

ADJUSTMENTS TO LAYOUT SINCE LAST WORK SESSION

After the November work session, the Bond Company hired the Bethesda-based firm Street Sense to  make adjustments to the plan to allow for a mixture of retail types, as well as to integrate pedestrian and transit elements.

Jon Eisen

“We felt like there were some missing lifestyle components to the southern part of the county that we felt would be well suited on a site of this nature,” said Street Sense's Jon Eisen. Feedback from the work session led his firm to break the plan into two components. The north section features smaller shops, and the south will feature room for two anchor stores. There are now roundabouts controlling vehicular access on the periphery, and the interior streets are being arranged in a block system.

“We tried to address creating more of a main street type of lifestyle environment,” he said. “We also want to create an environment where you can have clustering of uses around public open spaces so that you have the ability to capture people, like if there was a clustering of restaurants and you created an outdoor cafe environment that was married up to some other tenant types.” Eisen said the pedestrian trails on the periphery of the property could also accommodate bikes.

But Eisen said the exact configuration for the center would not be known until tenants have been finalized.  “Until you know something, it's hard to lock something down,” he said. He also said that the plan would be built in such a way to reduce light pollution.

On the subject of sustainability, Eisen said Street Sense has a lot of experience developing centers with green roofs, subterranean cisterns for rainwater harvesting, and other mitigation techniques. Slutzky said he wanted a lot of what Eisen described to be written in the proffers, and suggested that some hard requirements be codified in the proffers, in case the property is sold to another owner in the future.

On the subject of two stories, Eisen doubted that Albemarle County has the density to attract a large tenant that would be willing to rent a two-story large facility. “This  market just doesn't have the volume and the density to warrant a lot of second story single tenants,” Eisen said. He did say it might be possible to have one tenant on each floor if that type of construction went forward.

Supervisor Ann Mallek (White Hall) asked if construction on the project would be phased. Eisen said the goal was to build the entire project at once.

“You have to build, in a way, a believable environment if you're going to convince the market that this place is authentic,” he said. But Rooker suggested the addition of a proffer to ensure that all the developer has promised would be built.

“My worst nightmare here is that we end up with two big boxes and that's it, and a parking area,” Rooker said.

That prompted Chris Pine of the Bond Company to point out that the project's backers, who include Coran Capshaw, are locally based and want to build an environmentally sustainable project the community will be proud of.

“We are not casual visitors to this concept,” Pine said. “We're committed to it, and we're comfortable proffering the things that we talked about,” but added they would need to do some work to make sure they could deliver on everything they promised. He also said the project could only work economically if it were fully built out, due to the scope of the transportation improvements and the engineering work.

SEWER CONCERNS

Supervisor Thomas also raised the issue of water and sewer, pointing out that several developments in the County are on hold pending additional sewer capacity.

“We are learning that we should ask stiff questions about sewer and water capacity to the projects, so even though that's not completely or even slightly under our control, I'd still like to be reassured that there is the water and sewer capacity.”

Frank Cox told the board he was certainly hoping the capacity would be there. “We assume that's one of the reason we're paying taxes,” Cox said, only to have Thomas point out that the area's water and sewer facilities are not funded by taxes. 

Mark Graham, the County's Director of Community Development, said the center would be built on the same trunk line that will serve the Biscuit Run area.

“We still do not have results of an interceptor study, and so we don't know the capacity,” Graham said. He added that the developer will need to obtain confirmation from the Rivanna Water and Sewer Authority that there will be enough capacity before building permits can be given. He said Cox has had to contend with this requirement with other developments.

 

NEXT STEPS

A final application will need to be delivered to the County, and a public hearing can be scheduled 23 days after that. The development team had hoped to have that hearing in February, but Wayne Cilimberg said there would not be enough time to review the new proffers before then.

Blaine said his team would make several changes to the proffers after careful consideration. They include:

• More detailed information on how the Bent Creek Parkway might alleviate congestion at the I-64 interchange.
• A guarantee that the Center will be built in one phase, though some pad sites could be developed for later use
• Specific targets for environmental mitigation techniques such as green roofs
• Add language to proffers to address Supervisor Slutzky's landfill concern
• Add language to transit subsidy proffer to reflect inflation
• Change pedestrian access plan to add bike accessibility

Sean Tubbs

Major retail development for 5th St and Avon

As reported in last Saturday's Daily Progress, Albemarle County is reviewing a rezoning application for the property between 5th Street and Avon Street just over the border from the City of Charlottesville.  The project, named "5th Street -- Avon Center" on the rezoning application, proposes almost 400,000 sq.ft. of commercial buildings as follows:

• Grocery store - 84,500 sq.ft.
• Two restaurants
• Home improvement store - 138,000 sq.ft.
• Major retail store - 105,000 sq.ft.
• Three small retail stores totaling 35,800 sq.ft.

The site plan shown in the rezoning application (click image for larger version) also shows a connector road between 5th Street and Avon Street.  Avon Street has no interchange on I-64.  Another 7.85 acres is designated for future offices, some of which would be on top of the City's old trash dump along Moore's Creek.  These offices would add another 51,292 to 68,389 sq.ft. of commercial buildings.

No public meetings have been scheduled for this project which is likely to start its review in a work session with the Albemarle County Planning Commission.

Brian Wheeler