Biscuit Run may become state park

Download 12-1-09 DEQ Environmental Impact Report Download 11-30-09 Albemarle County comments  Map used with permission of The Daily Progress

By Brian Wheeler
Charlottesville Tomorrow
Wednesday, December 9, 2009
 
Biscuit Run, the largest development ever approved in Albemarle County, may instead become a state park. Forest Lodge LLC, fronted by local developer, builder and banker Hunter E. Craig, is in discussions with the state to donate the 1,200 acres it owns between Route 20 and Old Lynchburg Road.

The land includes about 800 acres rezoned in 2007 on which Craig had planned to build up to 3,100 homes. Craig had proffered an additional 400 acres in the county’s rural area for use as a local park.

Craig and his investors bought Biscuit Run for a reported $46.2 million from the Breeden family in 2005. The property has an assessed value of almost $44 million.

Craig referred questions to a local public relations firm. Representatives there declined to comment on the record. An attorney representing the project said in January that development of Biscuit Run had stalled, though he said work continued behind the scenes.

“The business climate is such that it’s not in the investors’ best interest to proceed with development at this stage,” attorney Steve Blaine said at the time.

Albemarle County Supervisor Dennis S. Rooker said in an interview that he would be disappointed to see the Biscuit Run development plan abandoned.

“This plan was approved after a lot of time and effort by all the parties involved,” Rooker said. “Everyone recognizes that the current economic conditions make it difficult to execute a large development plan.”

“On the other hand, it is always nice to see additional land go into permanent protection,” Rooker said. “Assuming the transaction is completed, we would be very interested in working with the state to maximize the value of the property to our community.”

The Board of Supervisors approved the development unanimously in September 2007 after two years of work and controversy. Many residents had opposed the project adamantly, fearing its effects on roads, schools and the area’s quality of life.

In considering the impacts of the potential donation of Biscuit Run to the state, officials with the Virginia Department of Environmental Quality last month asked Albemarle to provide feedback for an environmental review.

Mark Graham, the county’s director of community development, responded with a four-page letter. Graham raised concerns about both the financial impact of the move and its inconsistency with local planning efforts.

Graham said that “locating a state park within the development area portion of this property is not consistent with the growth management goal of the county’s Comprehensive Plan.”

“The 825 acres of this property located within the development area, particularly now that it has been rezoned consistent with the land use plan, constitutes a very important area in achieving the growth management goal and its loss could place pressure on other parts of the county to absorb future development (either through development area expansion elsewhere or by-right development in the rural areas),” Graham wrote.

With respect to financial issues, Graham noted that the property generates more than $325,000 per year in property taxes for Albemarle.

“While the removal of this property reduces anticipated demands for infrastructure, it also eliminates critical improvements and funding sources,” Graham wrote. “The proffers associated with the Biscuit Run rezoning were evaluated by staff and found to provide a value in excess of $38 million.”

One of those proffers related to construction of a road connecting Route 20 to Old Lynchburg Road. The “Southwood Connector” was envisioned to pass through not only the Biscuit Run development but also a redeveloped Southwood Mobile Home Park.

Habitat for Humanity purchased Southwood in 2007 and has 350 residential sites there, according to the group’s executive director, Dan Rosensweig. Habitat has a separate agreement with Forest Lodge related to the redevelopment project, and Rosensweig said he continues discussions with the developer about Habitat’s plans.

“Our deal involves them granting us some easements and them agreeing to purchase a road easement from us for $1 million,” Rosensweig said in an interview. “We have always considered this a key financial component to jumpstarting the Southwood redevelopment project.”

Pat Mullaney, Albemarle’s parks director, also provided feedback for the DEQ’s environmental impact report. Mullaney described Albemarle’s existing park resources and encouraged any new park plan to include consideration of the city and county needs for new athletics fields.

“While I believe local residents will certainly enjoy the availability of a state park, the need for a traditional state park in this region is not an urgent one due to the availability and character of our local park system,” Mullaney wrote.

The Virginia Department of Conservation and Recreation notes in the report that the donation would allow for “recreational facilities in a region of Virginia not presently served by a state park.”

“In addition,” the agency continues, “the acquisition of this property will result in the protection of approximately 1,200 acres contributing toward the governor’s goal to preserve 400,000 acres of new historic and open land by the end of the decade.”

According to Nikki Rovner, deputy secretary of natural resources, 365,170 acres had been protected in Virginia as of Nov. 16. Rovner said in an interview that any property donated for a park would count toward Gov. Timothy M. Kaine’s land preservation goal, though she declined to comment specifically on the Biscuit Run property.

Virginia has 35 state parks open to the public and at least four others in development. If the donation of Biscuit Run goes through, the project would see a second phase of environmental reviews and a master plan would be developed for the public use of the property.

County planners approve Treesdale Park affordable housing development on Rio Rd

By Connie Chang
Charlottesville Tomorrow
Wednesday, November 11, 2009

On Tuesday, the Albemarle County Planning Commission approved a preliminary site plan for the Treesdale Park development to be constructed by the Albemarle Housing Improvement Program (AHIP). Because of federal tax credits, all units in the development will be made available for rental to residents who earn below 60 percent of the area median income.

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Location of Treesdale Park off Rio Rd, between Towne Lane and Stonehenge Road.

Treesdale Park is an 88-unit multi-family community that will be located on East Rio Road. AHIP plans to construct three multi-story buildings which will contain a mix of both two and three-bedroom apartments. Treesdale Park will also be sustainably constructed and certified through EnergyCraft and EnergyStar to further minimize maintenance burdens for its residents.

Back in December 2007, the 6.64 acre site received approval from the Board of Supervisors to be rezoned from an R4 zoning to a Planned Residential District, which increased the allowable units to be built from 4 units per acre to between 3 and 34 units per acre.
At the Planning Commission’s meeting in 2007, several nearby residents expressed concerns over the impact the denser site would have on nearby traffic, stormwater management, and schools. Approximately 25,000 vehicles a day travel on the portion of Rio Road adjacent to the proposed development and many worry that Treesdale Park will overburden the existing traffic flow.

Although no members of the public made comment at Tuesday night’s meeting, the applicant’s representative, Scott Collins, addressed issues regarding stormwater management and excavation on the site.

Scott Collins

According to Collins, the development shares the same stormwater management facility with the adjacent Stonewater subdivision to the south. He expects the proposed biofilter design to add aesthetic value to Treesdale Park and enhance the stormwater quality for the surrounding area.

The preliminary site plan was called up for review by the Commission by an adjacent property owner who lives across Rio Road and is concerned about noise impacts of blasting during excavation of the site. Collins noted that the excavation will not occur at a depth where the majority of rock is located and does not anticipate any problems with the issue.

Construction of Treesdale Park is expected to begin in 2010 pending approval of a final site plan at a future date.

TIMELINE FOR PODCAST

• 0:50 - Senior planner Summer Frederick presents staff report
• 3:30 – Applicant Scott Collins presents
• 4:45 – Commissioner Linda Porterfield asks about retaining wall heights
• 5:52 – Commissioner Marcia Joseph asks whether pathway includes planting
• 9:25 – Porterfield asks about stormwater management
• 10:18 – Commissioner Calvin Morris asks whether development will be 100% affordable
• 10:50 – Public comment period
• 11:14 – Frederick addresses adjacent property owners concerns
• 12:25 – Collins discusses excavation
• 13:00 – Joseph wants to add a condition “to landscape area around the walls with variety of small trees and shrubs”
• 15:23 – Porterfield moves for acceptance of critical slopes waiver with the two conditions
• 16:02 – Porterfield moves for approval the preliminary site plan with conditions

Supervisors accept open space for Arden Place development; Widen trail and require pedestrian connection to Woodbrook

This article is an extended version of what appears in today's Daily Progress.

By Connie Chang & Brian Wheeler
Charlottesville Tomorrow
Thursday, November 5, 2009

The Albemarle County Board of Supervisors has overruled the recommendations of its planning commission, and the wishes of many in the Woodbrook neighborhood, by requiring the developer of a luxury apartment complex to widen a proposed trail and connect it to public property.

 The 212-unit Arden Place development was approved by the planning commission in September and is located on land off of Rio Road behind the Albemarle Square Shopping Center.  Coleway Development agreed to provide open space and a trail in order to qualify for a density bonus of 25 additional residential units. 

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On Wednesday, the board accepted Coleway’s proposal, but not before making modifications.  Supervisors added requirements that a pedestrian trail be widened from 5 feet to 8 feet and be connected to a planned stormwater management project called the Woodbrook Lagoon Project. 

At the public hearing in September, many Woodbrook residents voiced opposition to a wider trail and any connection in the vicinity of their neighborhood.  No residents were present at the Wednesday morning meeting.

Some Supervisors thought the 5-foot wide pathway would be too narrow to be effective.
Supervisor Sally Thomas (Samuel Miller) noted that a pathway would need to be at least 8 feet to accommodate bicycle traffic.

“Someone’s going to be sorry if we don’t make this wide enough to make it usable,” said Thomas.

“If you want to create an access that allows people to get from this area into the commercial areas to the north and west, [then] you don’t want it to be what would be considered a narrow sidewalk,” said Dennis Rooker (Jack Jouett). “It needs to be a width people can push a carriage on easily, bicycles could go on.”

Woodbrook residents have previously lobbied against any connection from Arden Place to the nearby Woodbrook Lagoon Project.  Even a trail, they said, would diminish the safety and security of their neighborhood.

However, several Supervisors felt that blocking access to public property by the broader community was a more significant concern.

“I do have some reluctance to endorsing that a particular piece of county-owned property is really only available to one neighborhood,” said Ann Mallek. “It is public property and we are making a significant improvement to it for many good reasons.”

In an interview, former Woodbrook Association President, John Gallagher, expressed disappointment over the Board’s decision, especially in regards to the re-establishment of a connection to Woodbrook.  He said residents had made headway in a long battle to remove what was once proposed to be a vehicular connection.

“Our neighborhood has one way in and one way out and it has been that way for 40 years or so,” said Gallagher. “What this pathway does is breach our security. That pathway is going to dump people into a place without sidewalks or streetlights. [The Board] is creating a safety issue.”

Supervisor David Slutzky (Rio) reiterated the concerns he had heard from Woodbrook residents in his district.

“One of the reasons why the Woodbrook community seemed to react so strongly to that connection is that there are no public facilities other than the street for people to walk on,” said Slutzky. “They were worried about a lot of kids now walking down the streets of Woodbrook where they don’t have sidewalks.”

Andrew McGinty, developer for the Arden Place project, noted that the Board’s decision will certainly come as a surprise to the majority of Woodbrook residents.

“[The Board’s decision] was a departure from what was negotiated in the planning commission meeting,” said McGinty. “You have to sympathize somewhat with Woodbrook.”

“We worked very closely with the Woodbrook residents throughout this process trying to implement and incorporate their suggestions,” said Valerie Long, Coleway’s attorney.

Pending easement agreements and other signed documentation with Gardens Shopping Center, the proposed Arden Place development will also have vehicular access to the Carmike Theater. Although this connection will be gated and limited only to Arden Place residents, Woodbrook residents still worry over the potential for strangers to access their neighborhood.

“[The pedestrian connection] blows a hole into the commercial area, the outside world,” said Gallagher.

In an initial motion, Slutzky moved to grant the dedication of open space with the only added condition that the path be widened from 5 feet to 8 feet. After that motion failed on a 2-4 vote (Slutzky and Ken Boyd in favor), the motion was revised to include the condition that the path also connect to the Woodbrook Lagoon Project. That motion passed by a 5-1 vote with Ken Boyd (Rivanna) voting against.

In an interview after the meeting, Boyd said he supported the development, but wanted the neighborhood’s input on the changes from the board.

“I am in favor of the project as presented and agreed to by the Woodbrook neighbors,” said Boyd.  “I couldn’t vote in favor without first giving them a chance to weigh in again.”

Planning commission endorses Places29 over objections of business community

By Brian Wheeler
Charlottesville Tomorrow
Wednesday, October 28, 2009

After an investment of four years and $1.6 million, the Albemarle County Planning Commission voted 4-2 on Tuesday to endorse Places29, a master plan for future development and transportation projects along the U.S. 29 corridor north of Charlottesville.

The decision came after a public hearing dominated by local business leaders who oppose many of the plan’s key transportation recommendations.  Twelve of the 14 speakers addressing the commission represented businesses and business organizations.  They spoke in opposition primarily to transportation elements of the plan, specifically grade separation on U.S. 29 at six key interchanges.

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Neil Williamson, Free Enterprise Forum

Neil Williamson, executive director of the business advocacy group the Free Enterprise Forum, told the commission his group could not support the current plan. 

“The plan is over budget, it over promises, and ignores the time frame stipulated by the planning process,”  said Williamson in an interview.  “By ignoring the [20 year time frame], the planners have relieved themselves from the restrictors of time and money.”

Commissioners Marcia Joseph (At-Large), William Edgerton (Jack Jouett), Cal Morris (Rivanna), and Tom Loach (White Hall) all voted to endorse the plan which now goes to the Board of Supervisors.  Commissioners Don Franco (Rio) and Linda Porterfield (Scottsville) said the concerns of the business community about the impact of transportation proposals and potential fiscal impacts both needed further review.  Chairman Eric Strucko (Samuel Miller) was not present at the meeting and was unavailable for comment today.

Chris Tyler is the owner of the Red Carpet Inn on U.S. 29. Tyler shared a view that resonated strongly with several members of the commission.

 “The first thing I’d like to say is kind of like what the doctors are told, ‘First, do no harm,’ said Tyler. “This plan will directly affect the businesses on the 29 corridor, and it will affect them adversely.  It will lower the revenues produced and therefore it will lower the tax base that the County has to work with.”

Morgan Butler, Southern Environmental Law Center

Morgan Butler is an attorney at the Southern Environmental Law Center.  He was one of two speakers who encouraged the commission to endorse the master plan.

“Transforming this part of the County into a more appealing and functional growth area that can also generate sustainable economic growth is a big challenge, but it is also a critical one for the county to undertake,” said Butler. “The first step is getting a plan in place, that sets forth that vision and then charts the course for getting there.”

Williamson said in an interview that his organization had reached the conclusion that the County shouldn’t even attempt to do land use and transportation planning together and that attempts to do so were “perpetuating the island mentality of the Albemarle-Charlottesville community.”

“I believe Places29 would be better served if it was simply a land use plan,” said Williamson. “Land use should inform transportation decisions, but the transportation decisions should be made in a larger regional context.”

Judy Wiegand, the Albemarle planner heading the project, said the staff had been directed from the beginning to take that approach and that it was “essential that they be done at the same time.” 

“There is no place in the County where that can be shown more clearly than in the 29 North corridor,” said Wiegand. 

Wiegand also pointed out that when future development projects are reviewed, the Places29 master Plan will help establish expectations about private sector contributions to accommodate a backlog of existing transportation needs.

Local developer Wendell Wood

Wiegand said she believed the extension of parallel roads like Berkmar Drive and Hillsdale Drive, combined with six grade-separated interchanges on U.S. 29, would lead to greater economic vitality in the business sector.

“Businesses have been in our minds since the beginning,” said Wiegand. “Once we get more of the road improvements in place and the mixed use centers start to develop, there will be more economic vitality in the business community.  We are trying to make it easier for people to get to these businesses.”

Commissioner Linda Porterfield was most concerned that the plan did not do more to encourage developer Wendell Wood to make a proffer to contribute financially to the plan’s road improvements.  She said expanding the County’s growth area to include land he owns in the path of the proposed Berkmar Drive extension was important.

Wood told the commission that he paid for the improvements and widening of U.S. 29 in front of Hollymead Town Center.  He encouraged the commission to expand the growth area to include his properties near the South Fork Rivanna River and the National Ground Intelligence Center, but those adjustments were not part of the final plan endorsed by the commission.

The Board of Supervisors is not expected to review the Places29 master plan until January 2010 at the earliest.  More information about the plan can be found on the County’s website at http://www.albemarle.org/places29

TIMELINE FOR PODCAST:

 

• 1:35 – David Benish gives staff report on Places29 Master plan
• 6:29 – Henry Weinschenk, Owner of Express Car Wash in the City, speaks against the plan, specifically the grade-separated interchanges
• 9:34 – Neil Williamson, Executive Director of the Free Enterprise Forum, speaks against the plan, specifically against the absence of project timelines
• 12:40 – Carter Myers, owner of Colonial Auto Center, speaks against plan
• 16:46 – Lloyd Wood, Chairman of the North Charlottesville Business Association, speaks against plan
• 19:46 – Jim Kennan, County resident, speaks against plan
• 22:36 – Tom Fromm, small business owner, speaks against plan
• 26:39 – Chris Tyler, owner of the Red Carpet Inn, speaks against plan
• 28:01 – Tim Hulbert, President of the Charlottesville Regional Chamber of Commerce, speaks against plan
• 31:14 – Wendell Wood, property developer, speaks against existing designated growth area classifications [background on previous consideration of Berkmar Drive extension]
• 35:01 – Morgan Butler, from the Southern Environmental Law Center, speaks in support of the plan and against expanding the growth area
• 37:36 – Jeff Werner, from the Piedmont Environmental Council, speaks in support of the plan
• 40:08 – Bob Hodous, City resident, speaks against plan
• 43:18 – Mark Green, the developer of Rivanna Plaza, speaks against plan
• 45:36 – Roy Van Doren, owner of property at Hollymead Town Center, tells Commission that with plan which encourages density, comes traffic
• 47:08 – Public hearing closed
• 47:27 – Commissioner Cal Morris says business community concerns were clear
• 48:06 – Commissioner Don Franco says public raised serious questions
• 49:14 – Julia Monteith, UVA’s representative on the Planning Commission, asks why there is a disconnect between the planning process and resident concern
• 50:08 – Wayne Cilimberg, Director of Planning for Albemarle County, responds that the plan minimizes impact on businesses as much as possible, but says there must be a balance
• 53:16 – Commissioner Marcia Joseph says this balance has been issue for a long time and specific components of the plan were decided long ago
• 55:23 – Monteith says that she is surprised after all this planning that so many spoke against plan
• 58:22 – Commissioner Bill Edgerton says that public comments did not come as a surprise to him and that since growth is coming to the area, improvements must be made on Route 29 now
• 1:02:19 – Commissioner Linda Porterfield says that they have adequately heard objections from the business community in the past and that in the current economic climate, harm to businesses need to avoided as much as possible
• 1:06:08 – Commissioner Tom Loach  says that the people commenting tonight do not fully represent the community as a whole and that the plan has been well-vetted
• 1:21:16 -- Edgerton explains his view of consequences of growth area expansion and nature of Wendell Wood's offer to help build Berkmar Drive
• 1:23:55 -- Cilimberg shares history of Wendell Wood's proposal to move this rural land into the growth area [background on previous consideration of Berkmar Drive extension]
• 1:25:43 – Joseph moves for approval; Edgerton seconds
• 1:26:00 – Wendell Wood interrupts Planning Commission, accuses Edgerton of “lying” 
• 1:27:04 – Cilimberg asks for clarification; does motion include the expansion for growth areas?
• 1:27:34 – Joseph says that motion does not recommend expansion of growth area
• 1:29:02 – Franco says he remains concerned about the plan’s impact on businesses along Route 29
• 1:30:03 – Joseph says that she doesn’t see how impact on businesses can be accurately measured now
• 1:30:59 – Cilimberg says that impacts must be reviewed and that any time comprehensive plans can be amended
• 1:37:49 – Porterfield says she can’t support the plan that doesn’t contain adequate parallel roads
• 1:39:03 – Final vote taken: 4 Yeas (Edgerton, Loach, Joseph, Morris), 2 Nays (Porterfield, Franco)

County to review cash proffers it expects for homes in new developments

By Brian Wheeler
Charlottesville Tomorrow
Thursday, October 1, 2009

It was just two years ago that Albemarle County made significant changes to its cash proffer policies.  Proffers are the voluntary contributions a developer makes to mitigate the impact of their project and incentives to help gain the support of local officials for a rezoning request.  Now one Supervisor is calling for the proffer policy to be reexamined given the decline in new home construction and a challenging economic climate.

Members of the Albemarle County Fiscal Impact Advisory Committee (L to R) Ken Boyd, Jamie Spence, Don Franco, and Wayne Cilimberg

Supervisor Ken Boyd (Rivanna) is the only elected official on the County’s Fiscal Impact Advisory Committee.  In a committee meeting Tuesday, he said the cash proffer methodology needed to be reexamined.

“There is concern in the development community that the proffers are inflating in costs while their sales prices of their homes are deflating,” said Boyd. “In talking to one person that has a project before the Planning Commission now, it’s making it almost impossible to make the thing work because of what they have to pay in proffers.”

In mid-2007, Albemarle County raised the one-time cash proffer expectation from about $3,200 to $17,500 per single family detached home.  Further, the cash proffers were required to include an escalator clause for inflation.  Thus, even when no homes are being built in an approved development, the cash proffers have the potential to increase every year until construction begins.

At the time, the advisory committee made its recommendations for a new cash proffer system after studying the approach taken by Chesterfield County.  A methodology was developed that looked at the 5-year and 10-year projected capital needs of the County and allocated some of the costs for major projects to new development. 

Cash proffers are typically used to fund infrastructure needs like schools, roads, libraries, and public safety.  For the current fiscal year, however, Albemarle cut its overall capital budget by around $100 million and very few cash proffers have been collected in the current year.

At their meeting, the committee expressed an interest in revisiting the methodology.  Members asked if the specific dollar amounts per home should take into account the shrinking expectations about what capital projects could actually be built in Albemarle over the next decade.

Planning Commissioner Don Franco (Rio) was recently appointed to the advisory committee and introduced himself as “the developer” on the commission.  Attending his first meeting, he asked if the County’s smaller capital improvement program (CIP) should lower the proffer expectations.

“The CIP really ought to be tied more to required projects,” said Franco.  “One of my complaints early on, when the proffer policy was going forward, there seemed to be a lot of ‘Let’s create all the CIP [projects] we can and put them out there.’ Some of them were development related but many of them weren’t.”

Committee member Morgan Butler, representing the Southern Environmental Law Center, called for the committee to identify cash proffers that represent “to the fairest extent possible, the cost of the impact of each new unit of development.”

“Once we come up with that figure, it’s up to the Board’s discretion to adjust it one way or another to take account of some of these factors, like the poor economy,” said Butler.  “I don’t think our goal in revising these numbers should be to come up with a number that’s more conducive, or that helps the development community in a time of fiscal uncertainty.”

“I am concerned about the overall economic sensitivity of the County,” responded Boyd. “Somebody once told me that our factory workers in Albemarle County are our construction workers and a lot of these job losses are keyed to that.  I am just trying to take a look at the big picture [to see] if we can stimulate some building that’s going to help the economy overall.”

The Fiscal Impact Advisory Committee will hold additional meetings this fall and into the spring to revisit the methodology and ultimately make recommendations to the Board of Supervisors for consideration in next year’s county budget.

County sewer authority considering special rate district for new pump station

By Sean Tubbs & Tarpley Ashworth
Charlottesville Tomorrow
Sunday, September 27, 2009

The Albemarle County Service Authority (ACSA) is considering a special rate district so that new development will help pay for a $11.3 million sewer pump station to be located in the county’s northern growth areas.  The North Fork Regional Pump Station will replace the Camelot Wastewater Treatment Plant which does not have the capacity to meet future demand.  Wastewater will be pumped south to the Moores Creek facility in Charlottesville for treatment.

“Initially the overall plan was to have the developers [pay] up front the money for this overall project,” said Gary Fern, the ACSA’s Executive Director. “Unfortunately with the economy and all, the developers are saying they don’t have the money to do that.”

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The Camelot Wastewater Treatment Plant will be decommissioned once the North Fork Regional Pump Station is operational

However, in a new plan shared with the water authority’s board earlier this month, the ACSA announced it is considering paying for the project through the sale of bonds which will be paid back through future connection fees. Fern is proposing two special districts, one serving the affected areas north and one serving the affected areas south of the North Fork of the Rivanna River. Properties in the north will be assessed more because two pumping facilities will be required to move their wastewater through the ACSA system.

According to a fee schedule proposed by Fern, each new residential, commercial, and industrial connection requested in the northern district would pay a $1,310 connection fee, and new connections in the south would pay the $1,012 fee. Developers will pay the fees based upon the number of “equivalent residential connections,” a formula which varies by the type of development.   

The fees would be levied on top of those that would normally apply for a new connection.  The ACSA raised its existing connection fees on September 1, 2009 . At a meeting in August, developers lobbied successfully to postpone an even greater fee increase until March of next year.

Jay Willer of the Blue Ridge Home Builders Association told Charlottesville Tomorrow that he preferred the pay-as-you-go system that Fern is recommending.

“The development community understands paying our share of the costs,” Willer said. “We  prefer approaches that let us put our money on the table as we have it to put on the table.”

Major developments in the area include the University of Virginia North Fork Research Park, the Rivanna Station military facilities, and North Pointe.  The nine-hundred home North Pointe development was approved in 2006 but has been delayed, in part, because of the absence of sewer capacity.

Click for a map of the rate district

Fern estimates that the ACSA will raise approximately $10.15 million by imposing these connection fees. The projections are based on the 14,782 estimated new equivalent residential connections the ACSA expects to add over the next twenty years in this area alone. Fern said that if the actual number of new residential connections exceeds this total then the charges would be adjusted accordingly.

Fern also said the ACSA might need to keep the fees in place longer than twenty years if the number of new residential connections falls short of projections.

ACSA board member Jim Colbaugh suggested to Fern that the fee schedule should also include a 25% contingency charge to cover for additional land, construction, engineering, and inspection costs that could be imposed during the planning and construction process of the new pump station.

“My honest suggestion is not to surprise anybody at the tail end,” said Colbaugh. He warned that if this contingency charge is not built into the plan, then these hidden fees could disrupt the financial planning of the project. Fern said the fees could rise once the design for pump stations is complete.

The ACSA board will hold a public hearing later this year to vote on the proposed connection fees and rate districts. The pump station is expected to be complete in late summer of 2011, after which the Camelot Waste Water Treatment Plant will be decommissioned.

TIMELINE FOR PODCAST:

• 02:24 – Staff report from Gary Fern, Executive Director of the ACSA
• 17:42 – Colbaugh suggests implementing a 25% contingency charge
• 18:57 – Palmer asks if these charges would be reevaluated annually
• 20:22 – Palmer asks how long fee will be in place
• 21:31 – Colbaugh asks what happens if there are more new connections than anticipated
• 23:14 – Martin asks Fern to clarify the statutory basis for the levying of special rates

New site plan for Luck Stone means new traffic signal on Route 250

By Connie Chang
Charlottesville Tomorrow
Wednesday, September 23, 2009

The Albemarle County Planning Commission has approved a preliminary site plan for the Luck Stone Corporation facility at the intersection of Route 250 East and Route 22 at Shadwell. The proposal includes a 1,500 square foot office building, parking, and a weigh station as well as a new entrance on Route 250 East of Charlottesville.

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A previous site plan was approved in March 1999 but had expired because a final plan was not submitted for approval within a year of the preliminary approval.

The existing Luck Stone facility has two entrances onto Route 250, neither of which has a traffic signal. As part of the plan, a new entrance will be constructed on the east side of the site, to alleviate on-going concerns over the safety of trucks entering from and exiting to Route 250. Because the primary entrance today sits at the bottom of a hill, there is inadequate distance for trucks to accelerate up Route 250 without impacting the flow of traffic. According to County staff, the new entrance, which is located on the top of a hill, will allow trucks to gain enough momentum for acceleration and to pull more safely out of the site.

“These proposals will allow traffic to flow more smoothly and greatly improve the traffic situation on Route 250,” said County Planner Megan Yaniglos.

The construction of the new entrance will also require installation of a new traffic signal at the intersection of Route 250 and Route 22. The approval of the preliminary site plan comes with the condition that the west entrance shall only be open for emergency access and the existing second entrance shall be closed.

 “I have been working with Luck for at least ten years to get this entrance moved simply because of the safety issues,” said L.F. Wood, owner of the nearby Shadwell Store property.

Emily Willey, the owner of the Clifton Inn which is near the new Luck Stone entrance, expressed concerns about noise and traffic. “[We offer] a quiet country-inn getaway experience.” Willey said, “I presume that this is bringing all the traffic of heavy trucks with loads waiting and going in, so that’s a concern for our business.”

Bill Fritz, Albemarle County’s Chief of Current Development, said the level of activity at the quarry would not increase.

“It’s the same number of trucks, it’s just further east,” Fritz said.

According to Deputy County Attorney, Greg Kamptner, “The trucks on the roads would not be regulated by the zoning standards. Because this is an NR [Natural Resource] Overlay, a lot of noise from that particular use are going to be completely exempt or subject to different standards.”

Because the site is located in a County Entrance Corridor, further design issues with the project will be addressed by the Architectural Review Board at a later date.

TIMELINE FOR PODCAST:

1:00 – County planner Megan Yaniglos presents staff report
6:34 – Applicant Tom Gayle presents
7:54 – Commissioner Marcia Joseph asks whether the entrance at the bottom of the hill is right-in only
9:03 – Marcia Joseph asks whether the signal will be installed at the same time
9:55 – L.F. Wood, owner of the Shadwell Store property, comments
12:15 – Emily Willey, Clifton Inn owner, comments
14:32 – Chairman Eric Strucko asks whether the new entrance is closer to the Clifton Inn
16:14 - Commissioner Calvin Morris comments on noise level
16:45 – County Attorney Greg Kamptner comments on noise ordinance
17:25 – Marcia Joseph comments on noise regulation
17:50 – County planner Bill Fritz comments
18:42 – Marcia Joseph recommends the critical slopes waiver and preliminary site plan for approval

County Supervisors approve erosion control plan to minimize sediment runoff from construction projects

By Julia Glendening
Charlottesville Tomorrow
Thursday, August 6, 2009

The Water Protection Ordinance plans to reduce the amount of sediment that flows into the local watershed

On August 5, 2009, the Albemarle County Board of Supervisors approved an amendment to the County’s Water Protection Ordinance in an effort to decrease the amount of sediment runoff that enters the local watershed from construction areas. The ordinance will require developers to complete major grading work on construction projects within nine months or install permanent vegetation on the site. Projects already approved will have to establish vegetation nine months after renewing their next annual permit.

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Mark Graham, the County’s Director of Community Development, said the biggest issue is the timeline change for construction projects. Other changes within the amendment are administrative process improvements to void plans not currently in use and to reduce bond administrative costs from the 25% maximum to 10% maximum.

A timeline for construction projects is important because construction areas that are left denuded for a long period of time are susceptible to erosion from rainstorms and the soil can decrease the water quality of surrounding streams and lakes. The existing Minimum Standard 1 of Virginia Erosion and Sediment Control Regulations states:

“Permanent or temporary soil stabilization shall be applied to denuded areas within seven days after final grade is reached on any portion of the site. Temporary soil stabilization shall be applied within seven days to denuded areas that may not be at final grade but will remain dormant for longer than 30 days. Permanent stabilization shall be applied to areas that are to be left dormant for more than one year.”

Graham said this creates a loophole that allows projects to be left “moonscaped”, or completely without vegetation for an indefinite amount of time. The amendment to the Water Protection Ordinance was written to close this loophole. The vegetation would not have to be stabilized within nine months, only installed, because of the time required for permanent vegetation to become established. Graham also said staff would have the authority to make developers reinstall vegetation if it has not completely stabilized by the end of the subsequent growing season.

Sediment runoff for a hypothetical ten acre construction site over varying lengths of time. Source: Albemarle County

The Virginia Department of Conservation and Recreation suggests that minimizing the area and time of disturbance is the best way to reduce sediment runoff. Graham presented a graph depicting the difference in sediment load between the current practice of completing a project in twenty-three months with the state mandated 60% efficiency and the proposed practice of completing the project within nine months with the same 60% efficiency. He gave an example of how the downstream sediment load for a hypothetical ten acre lot would be cut in half with the proposed practice. He also described how it would minimize the public costs and the construction costs as much as possible.

Two of the main proponents of the ordinance amendment were on hand to support its adoption. Morgan Butler from the Southern Environmental Law Center and Robbi Savage from the Rivanna Conservation Society both worked with staff to develop the stricter regulations.

“Our goal is pollution prevention. It is a lot easier to resolve a problem before it begins than to remediate a problem,” said Savage.

Scott Elliff, who is on the Forest Lakes Community Association Board, described the problems with sediment runoff in their community from the construction of the upstream Hollymead Town Center. He claimed the amount of sediment Forest Lakes received from the Hollymead construction site was 50 years worth of normal siltation since grading began there. 

Graham met with local developers on August 3 to discuss the issue. Concerns were raised with the cost for contractors and whether the nine month deadline will be difficult to meet. The cost of permanent vegetation is estimated at $3,000 per acre; however, the main issue is how much contractors will have to reinstate vegetation throughout different project phases. Graham said the decision for a nine month completion date was influenced by the 2007 proffer with the Biscuit Run developers who voluntarily agreed to the timeline. He also said 30 to 40% of current projects are completed or under permanent cover within nine months.

Jay Willer, from the Blue Ridge Homebuilders Association, said he did not intend to block increased erosion controls, but he was concerned with imposing the nine month timeline for all projects regardless of their complexity or start date. He also warned the Board that the deadline could impose higher costs, which would ultimately be reflected in increased home prices throughout Albemarle County.

“We’re asking for the flexibility that still allows gains in erosion control, but is also adaptable to the complexity and details of a specific project. Not a ‘one size fits all’ approach,” said Willer.

Supervisor Dennis Rooker (Jack Jouett) said he did not believe this was a particularly aggressive approach because he did not believe there would be projects bigger than Biscuit Run whose developers approved the nine month timeline.

A waiver could be obtained for incomplete projects after nine months that are unable to install vegetation due to conditions beyond the contractor’s control. Supervisor David Slutzky (Rio) suggested increasing the length of an administrative waiver issued by staff from a possible three month extension to six months. He said staff were the experts on the project and it would keep some extension applicants from coming to the Board who would ultimately look to staff for help on the decision.

Supervisors Ann Mallek (White Hall), Sally Thomas (Samuel Miller), and Rooker all expressed concern with reducing the amount of extensions that would be presented to the Board because of the reduced public involvement.

“The value of coming to the Board of Supervisors is that it allows the public to have watched this project and see how these developers are managing the runoff,” said Thomas. “I think it just adds an additional incentive for the developer to be doing a good job.”

Graham said the staff extension is for projects affected by uncontrollable conditions; however, a waiver could be brought before the Board at any time during the project’s duration and for any reason. He said some decisions are less technical and more political when balancing environmental and business costs, which he believed might be better suited for the Board’s discretion.

Thomas said she was bothered by the indefinite waiver that could be potentially granted by the Board; however, none of the other Supervisors felt comfortable setting a maximum deadline. The legal language was changed so the Board at the very least must set a time limit for an extension so projects could not be granted an open-ended waiver.

The Board approved the ordinance with the provisions to lengthen the administrative extensions from three months to up to six months and a requirement for the Board to set a time limit when granting waivers. The effective date will be 30 days after approval for new applicants and existing permits will be “grandfathered” until the date of their annual permit renewal.

TIMELINE FOR PODCAST

• 01:00 – Mark Graham presents ordinance changes
• 02:37 – Dennis Rooker asks about the decrease in bond administration costs
• 15:30 – Rooker comments on loophole
• 19:00 – David Slutzky suggests lengthening staff extensions
• 25:09 – Rooker comments on the appropriateness of the nine month timeline length
• 27:23 – Sally Thomas comments on the lack of time limit for a Board issued waiver
• 30:40 – Ann Mallek asks for clarification about a graph
• 32:17 – Thomas asks if staff can require reinstallation
• 33:42 – Mallek asks about grandfathering the ordinance
• 34:27 – Lindsay Dorrier asks how nine month deadline was decided
• 34:58 – Ken Boyd asks if the ordinance would apply to all construction sites in the County
• 36:36 – Morgan Butler describes reasons the Board should adopt the ordinance
• 39:50 – Leslie Middleton describes sedimentation threat as observed by the Rivanna River Basin Commission
• 42:57 – Jeff Warner encourages the Board to adopt the ordinance on behalf of Piedmont Environmental Council
• 44:00 – Robbi Savage describes importance of pollution prevention rather than remediation
• 46:25 – Scott Elliff describes how Forest Lakes has been affected by the Hollymead Town Center construction site
• 51:42 – Jay Willer describes difficulty for developers with cost and timeline
• 56:04 – David Mitchell comments on problems with timeline due to complexity of some projects
• 59:50 – Neil Williamson comments on effectiveness of seeding in relation to length of waiver
• 1:02:05 – Larry Davis discusses legal language of length of administrative waiver
• 1:02:32 – Rooker asks about two growing season issue
• 1:04:10 – Mallek gives example of reseeding areas throughout construction project
• 1:09:00 – Thomas begins discussion about time limit for Board extension
• 1:14:52 – Davis suggests change in ordinance language for requiring the Board to set a time limit when the Board grants an extension

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.