Charlottesville Tomorrow Blog

Army base expansion requires new sewer capacity; Report also recommends widening Route 29

The US Army has determined that an in-depth Environmental Impact Statement (EIS) is not required for the expansion of the Rivanna Station Military Base on Route 29 north of Charlottesville.  However, the draft Environmental Assessment released by Fort Belvoir last month does shed new light on the Army’s plans for the current home of the National Ground Intelligence Center (NGIC).  It also raises a number of issues related to sewer capacity, the ability to use leased space off-site, and the future of nearby land owned by local developer Wendell Wood.

COUNTY REVIEWS ENVIRONMENTAL ASSESSMENT

Albemarle County officials are just beginning their review of Fort Belvoir’s 130-page Environmental Assessment this week.  The County’s Natural Resources Manager, Tamara Ambler, tells Charlottesville Tomorrow that the County has requested an extension beyond the January 9, 2008 deadline to provide written comments to the Federal Government.  Ambler is collecting feedback from numerous County departments about the issues raised in the Army’s report.

Susan Stimart, Albemarle’s Business Development Facilitator, says the Federal Government has been a good listener to the County’s feedback on Rivanna Station thus far.  “They are taking a pretty good attitude in listening to our requirements for design standards and erosion/sediment control standards,” said Stimart.  She also noted, the Federal Government can decide on its own to not comply with any of Albemarle’s standards for new development.

Among the most significant items raised in the report are the following:

• The increased workforce at the base will double the sewage discharge.
• The Federal Base Relocation and Closure (BRAC) program which is moving jobs from Bolling AFB to Charlottesville prohibits any of those jobs to be located in leased space.
• The US Army intends to seek additional land as a buffer around their facility for both future growth and for enhanced security. 
• The Environmental Assessment suggests the widening of Route 29 to 6 lanes (3 northbound and 3 southbound) is desirable to bring relief to congestion expected to result from increased traffic at the facility.

SEWER CAPACITY

Charlottesville Tomorrow was the first to report last month that the North Pointe development near NGIC was stalled in part because of inadequate sewer capacity at the Camelot Waste Water Treatment Plant.  The current NGIC facility also uses the Camelot facility and the Army’s recent Environmental Assessment estimates that sewage discharge from the site will double as the result of the base’s expansion.  While the Army concluded the “increase in demand is well within the capacity of the [Rivanna Water and Sewer Authority (RWSA)],” their report was completed before the Albemarle County Service Authority (ACSA) could weigh in with specific recommendations on sewer infrastructure requirements. 

Peter Gorham, ACSA’s Engineering Director, told Charlottesville Tomorrow that the authority wants to eliminate the Camelot treatment plant and replace it with a regional pump station.  Gorham is trying to schedule a meeting by the end of January for area property owners and other interested parties.  Invitations will be extended to the University of Virginia Foundation (North Fork Research Park), the US Army, developer Wendell Wood, and those involved with the North Pointe development.  The meetings will review timing, costs, and engineering options for the pump station project.  The RWSA is expected to weigh in on the downstream impacts on their sewer network which is also having its capacity studied. 

The ACSA is providing written feedback for inclusion in Albemarle County’s response to the Army’s report. In the meantime, Gorham says the ACSA is working on an interim solution that can boost the capacity of the Camelot plant, however that solution will not be able to accommodate all the potential new users in the area.

BASE EXPANSION AND BUFFER

The existing NGIC facility sits on about 29 acres at Route 29 North and Boulders Road.  The Federal government purchased an additional 47 acres from developer Wendell Wood in 2006.  The expansion of the base of this combined 76 acres includes an addition on the NGIC building, construction of a Defense Intelligence Agency (DIA) facility, a warehouse and delivery facility, additional surface parking, and a new parking garage.

The Environmental Assessment also reveals the Army’s intention to further protect a zone around the base by purchasing an additional 50 acres on the north side of Boulders Road.  According to County records, this land is currently owned by Wendell Wood’s Next Generation LLC.  The report identifies the following purposes for the buffer:

“The purpose of the purchase of the land north and southeast of Boulders Road is to provide protection against encroachment on the Rivanna Station by industrial or residential development, and to allow for future expansion, if needed. It is critical that the Army provide sufficient buffers to meet [antiterrorism/force protection (AT/FP)] requirements and to prevent land uses that could eventually conflict with missions of the U.S. Government. Rivanna Station is currently located at the edge of a developing industrial area, which could ultimately lead to AT/FP and hostile intelligence risks to the facility and personnel through electronic eavesdropping and observation.”

WENDELL WOOD

In August 2007, local developer Wendell Wood received approval from the Albemarle County Board of Supervisors to have 15 acres near the NGIC facility rezoned for commercial offices and residential barracks.  According to the General Services Administration, on November 30, 2007 Wood was awarded a $14.76 million lease for non-residential buildings.  The Environmental Assessment notes that nearby land has been rezoned “for the construction of office buildings to support NGIC operations.” 

During the County’s review of this rezoning in 2007, Wood was told water and sewer services were available and, according to ACSA’s Peter Gorham, Wood’s project will be grandfathered into the Camelot treatment facility until the regional pump station is available.  ACSA’s interim sewer capacity measures will only help a limited number of new users, and only those accessible by gravity feed to the existing Camelot facility.  Other buildings and developments not already tied into Camelot will have to wait for the new pump station.

The Federal Base Relocation and Closure (BRAC) program which is moving jobs from Bolling AFB to Charlottesville prohibits any of those jobs to be located in leased space.  Thus, the expansion of NGIC and the construction of the new Defense Intelligence Agency (DIA) facility will take place entirely on the federally owned land at the site and not on the recently rezoned 15 acres which is expected to house other support facilities.

Since he sold the 47 acre parcel to the government in 2006, Wood has also been expecting the Board of Supervisors to carry through with a resolution of intent that would move yet another 30 acres nearby into the County’s designated growth area.  Wood’s Next Generation LLC owns almost 1,000 acres near the military base.

The 30 acres of land were proposed to be removed from the rural area to allow for more intense development such that Wood could recoup money he felt he lost on the original deal with the government.  Wood and a number of Supervisors believe this deal ensured NGIC would not leave Charlottesville as it looked for room to expand.  That matter will be considered by the Board of Supervisors as it reviews the Places29 Master Plan in 2008.  The County Planning Commission has already recommended against adding Wood’s land to the growth area.

WIDENING ROUTE 29

The Environmental Assessment suggests the widening of Route 29 to 6 lanes (3 northbound and 3 southbound) is desirable to bring relief to congestion expected to result from increased traffic at the facility.  The Route 29 and Boulders Road intersection is projected to go from a level of service (LOS) C in 2007 to level of service F in 2015 during peak evening traffic.  According to the report, “LOS F is used to identify that point where the facility has reached maximum capacity and a complete breakdown of service occurs.”

The Metropolitan Planning Organization (MPO) recently approved the use of over $2 million to begin preliminary engineering on the widening of another section of Route 29, the area between Polo Grounds Road and Airport Road.  The US Army’s report suggests that widening should continue at least another 2 miles North to Rivanna Station and possibly all the way to Greene County.  Between Rivanna Station and Airport Road is the proposed North Pointe development which will add an estimated 30,000 vehicle trips per day to that portion of Route 29. 

Brian Wheeler

Army determines environmental impact statement not required for base expansion

UPDATE 1/9/08: The period for public comment has been extended to January 25, 2008.  Mailed items must be postmarked on or before that date to be considered.

The US Army has released a draft environmental assessment related to the expansion of the National Ground Intelligence Center (NGIC) and the construction of the new Defense Intelligence Agency (DIA) facility which will be the home of jobs relocated from Bolling AFB as part of the Federal Base Relocation and Closure (BRAC) program.  The assessment, released December 10, 2007 by Fort Belvoir, determined that the expansion of the Rivanna Station Military Base on Route 29N would not have “a significant adverse affect on the environment.”  As a result, the Army has concluded that a more in-depth Environmental Impact Statement (EIS) is not required. 

The public and Albemarle County has until January 25, 2008 to submit written comments on this determination that an EIS is not required.   According to the Army's letter, those comments may be sent in writing to:

Commander
US Army Garrison Fort Belvoir
9430 Jackson Loop, Suite 100
ATTN: IMNE-BEL-PW
Fort Belvoir, VA 22060-5116
or e-mail: environmental-fb-dpw@conus.army.mil

Download complete draft environmental assessment

Download cover letter / Finding of No Significant Impact

Brian Wheeler

Top-10 Growth & Development Stories of 2007

In my weekly appearance today on WINA AM 1070 on the Charlottesville Right Now program, Coy Barefoot and I counted down Charlottesville Tomorrow's top-10 growth and development stories of 2007.

Podcast produced by Charlottesville Tomorrow * Player by Odeo

Listen using player above or download the podcast: 20080103-RightNow.mp3

Charlottesville Tomorrow's Top-10 Growth and Development Stories of 2007

1. County Elections 2007—Ann Mallek elected Supervisor in White Hall District
2. 4,800 new homes approved at Biscuit Run, Hollymead Town Center, and Rivanna Village
3. Wendell Wood’s projects around National Ground Intelligence Center on Route 29N get new scrutiny by media, public, and local government
4. Albemarle Supervisors set new cash proffer expectations
5. Proposed rural area protection ordinances stalemate Board of Supervisors
6. Lack of rain leads to drought warnings
7. City Planning Commission debates ethics, communications with the public and developers, impartiality, and starts holding pre-meetings off camera
8. Water and sewer infrastructure needs get increased community attention
9. City approves another nine-story downtown building and receives recommendations to limit future building heights in some areas
10. Major capital projects continue facility improvements at the University of Virginia

Brian Wheeler

Supervisors receive update on Rivanna Station Military Base expansion

At their meeting on November 7, 2007, the Albemarle County Board of Supervisors received an update on the U.S. Army’s expanding National Ground Intelligence Center (NGIC) located on Route 29 in Northern Albemarle.  The NGIC site, expanded in July 2006 through the federal government’s purchase of 47 acres from developer Wendell Wood, will grow to include a new facility for 1,000 employees to accommodate defense jobs relocated from the Washington, DC area.  The Defense Intelligence Agency (DIA) estimates 650-800 jobs will be created in Albemarle, that figure includes jobs for related defense subcontractors.  The growing defense facility will be known as the Rivanna Station Military Base.  The Federal Base Relocation and Closure (BRAC) program indicates that the relocation of defense jobs to Albemarle will be completed by September 2011.

Watch the video below:

The staff report presented to the Supervisors included the following key facts:

• An RFP was issued on September 24, 2007, for construction of the new Joint Use Intelligence Analysis Facility with a target award date of February 14, 2008
• The RFP specifies a facility not to exceed 167,000 sq ft in the budget range of $61 - $62 million
• Estimated construction start date is August 15, 2008, and estimated date of construction completion is December 8, 2009
• DIA has expressed a commitment to constructing a “world class facility” and is intending for the new facility to be LEED compliant
• The facility is being planned to accommodate the operations of approximately 1000 employees – this number will be a combination of approximately 200 existing NGIC employees to relieve overcrowding in the current NGIC facility and between 650 and 800 new DIA and National Geospatial Intelligence employees
• The relocating workforce will be a mix of military and civilian employees
• While there may be some small impact on the local job market, this should be viewed as a workforce relocation program and not a significant job creation opportunity – all jobs associated with the relocation require high level skills and education and security clearances and are currently filled by employees who will be offered the opportunity to maintain their employment
• The majority of the subcontractors required to support the new operations are included in the 650 – 800 count
• The specific work groups from DIA that will be relocated are in the process of being identified and notified after which a comprehensive survey will be conducted among those employees to provide more specific demographic data

Lee Catlin, County Communications Manager, explained to the Board that the jobs being added in the community were expected to largely be filled by new residents with specialized job skills. “It’s important to realize that, while there may be some small impact on the local job market, this is really being viewed by the federal agencies as a workforce relocation program and not necessarily a significant job creation opportunity for local residents,” said Catlin.

Edward Nelson, an Intelligence Officer with the Defense Intelligence Agency, said “It is a highly trained, professional workforce that…will have advanced degrees and/or prior military experience.  There will be worldwide recruiting efforts.”

In their discussion, the Supervisors asked questions related to the project’s environmental mitigation measures, the demographics of relocated employees, and the need for more information to make local land use decisions. 

Supervisor Sally Thomas (Samuel Miller) commented that the Board did not have complete information from the federal government as to their needs for housing and office space when the Supervisors reviewed a rezoning request in August from developer Wendell Wood.  Thomas expressed surprise that the employment numbers presented included sub-contractors and contrasted that with information coming to the board in recent rezoning requests.  “Boy is that not what we are being told by some developers,” said Thomas. “Maybe I am the only one that is frustrated, I feel like we are working in the dark in ways that we shouldn’t be working in the dark.”

This prompted Supervisor David Slutzky (Rio) to share his experience of attempting to contact the base commander directly, rather than taking a developer’s word for the need to expand space available to NGIC on other nearby land.  Slutzky said he was frustrated by the NGIC base commander office’s response: “I put a call in to the Commander…so I didn’t have to make a decision through the filtering lens of a local developer who has an economic interest that’s predictable. I was told ,‘No, No, No. If you are with the Board of Supervisors, the Commander will not talk to you,’” said Slutzky.  “And I was really offended by that.”

The DIA’s Nelson explained to the Board that he was not representing NGIC, but expressed his interest in partnering with the County and getting the Supervisors the information they needed for future decisions related to his organization’s project on the 47 acres purchased last year from Wood.

Slutzky asked for assistance getting in touch with the right contacts in the government who could help Albemarle.  “As a Board member, where I had to make a land use decision, I got a stone wall….We’ve been asked, reasonably enough by NGIC, to make some decisions already that run in the face of our existing policies for land use in the rural area vs. the urbanized area….We need to have full access to information to know we are making the right decision.”

Slutzky has been a vocal supporter of the County supporting the base’s expansion needs having been convinced in the past that NGIC might leave the community if land were not available to them.  The Supervisors have been swept up in a series of other land use issues around the existing NGIC site and the new DIA facility.  However, there was nothing in this report to the Board to indicate that land outside of what the federal government already owns is needed for the Rivanna Station Military Base.

On August 1, 2007, the Board of Supervisors unanimously approved a “NGIC expansion project” rezoning 15 acres of land so Wood could construct two 4-story office buildings and a 3-story 120-unit residential building.  In the deliberations on that project, Supervisor Dennis Rooker (Jack Jouett) cited a letter from NGIC which indicated they had no immediate plans for using buildings being proposed by Wood, but that they were not opposed to them being built.  Other Supervisors said their conversations with NGIC staff had left them with the impression the base needed access to more land.

The Supervisors did not discuss the action last month by the Albemarle County Planning Commission, as part of the draft Places29 Master Plan review, in which Commissioners recommended against expanding Albemarle’s growth area around the military base to include yet other land owned by Wood.  The Board of Supervisors passed a resolution of intent in May 2006 indicating their preference to have 30 acres of land owned by Wood moved into the growth area (aka "the NGIC land deal").  That matter is expected to come up before the Board of Supervisors when they receive the Places29 Master Plan in early 2008.

Brian Wheeler & Kendall Singleton

Wood's NGIC expansion project approved; Exception to proffer procedures allowed

County Attorney Larry Davis explains the proffer policy to the Supervisors

On August 1, 2007, the Albemarle County Board of Supervisors unanimously approved a rezoning for developer Wendell Wood near the National Ground Intelligence Center (NGIC), a site County staff have begun calling the Rivanna Station Military Base.  The U.S. Defense Intelligence Agency (DIA) oversees NGIC and the Joint Use Intelligence Analysis Facility (JUIAF).  Eight to nine hundred jobs are expected to be relocated from JUIAF’s Bolling AFB facility to the Rivanna Station Military Base in Charlottesville.

Wood’s rezoning request for 15 acres in the Piney Mountain designated growth area was first heard by the County Planning Commission on July 10, 2007.  Wood asked the County to rezone the land so he could construct two 4-story office buildings (89,400 sq. ft. each) and a 3-story 120-unit residential building to facilitate the expansion of NGIC.  This land is not part of the “NGIC land deal” nor is it part of the other land around NGIC and Hollymead Town Center that Wood has asked be added to the County’s growth area to support new development.

 

When applicant’s get special treatment like this, public confidence in your process is but one of the things that suffers and leads to public opinion numbers like those found in our survey. It is regrettable that County staff have been sent behind closed doors in the middle of a board meeting to negotiate this deal with Wendell Wood and that the public hasn’t had a genuine opportunity to participate. Brian Wheeler, Charlottesville Tomorrow [Note: complete statement below] Links for this story: Staff report * Albemarle County Proffer Policy * Letter from NGIC referenced by Rooker in meeting * Letter provided by Ron White and mentioned in D. Progress article

Podcast produced by Charlottesville Tomorrow * Player by Odeo

Listen using player above or download the podcast: Download 20070801-BOS-NGIC.MP3

There were a number of interesting points in the Board’s discussion, including the process taken to review and amend the proffers. The entire discussion and the Board's rationale for approval and the granting of an exception to the proffer policy are included in the audio podcast. The Daily Progress also covered this story today.

Here is a general outline of the proffer discussion:

• Revised proffers were submitted by Wendell Wood the morning of August 1st, the day of the public hearing.  The agenda materials made available to the public on the County’s website had only the outdated proffers submitted early in July.  [Link to agenda item]
• The revised proffers were distributed to the Board shortly before their 2PM public hearing.
• The Board was reminded by staff and the County Attorney about the County’s proffer policy which states that signed proffers should be submitted nine days before the public hearing. 
• The Board was instructed that if there were any material changes made to the proffers after the public meeting got underway, then they would have to ask the applicant to request a deferral, and schedule a new public hearing.
• In the middle of the Board’s review of the rezoning request, they asked the County Attorney if they could question Wood without opening the public hearing.  The Board was told they could speak with Wood. 
• After discussing the proffers with Wood in the public meeting, they postponed further discussion and asked Wood to leave the room and work with the County’s staff and attorney to revise the proffers.
• About an hour later, staff returned with Wood and two versions of revised proffers which were handed to the Board of Supervisors.
• The public hearing was opened.  After Wood made a few remarks, I offered comments on behalf of Charlottesville Tomorrow on the process which had just taken place.  Those remarks are below.
• Various Supervisors respond that the proffers have been adequately reviewed, that this was a special circumstance worthy of making an exception to the proffer procedures, and that the proffers had been modified to the advantage of the County and not the applicant.
• The Board of Supervisors voted unanimously to rezone Wood’s land.

Here is a key point in the discussion on the County's proffer policy and Wood's application:

Supervisor Dennis Rooker (Jack Jouett)
“I had a lot of problems with the proffers that were submitted in our package.  And just looking these over, it seems to me that the problems I had have been dealt with in these new proffers.  The question is…whether the difference between these and what was submitted with the package are so great that under our policy we can’t approve this today.  We have a policy of requiring proffers to be in final form a certain number of days in advance of the meeting which allows the public to look at the file and analyze them, etc. And I raise the question whether or not we, I’m not taking a position at this point, I’m really asking Larry whether or not we can vote today on proffers that have been submitted at the last minute?”

Larry Davis, County Attorney
Your policy is that prior to advertising the rezoning final proffers should be received and reviewed by Mark [Graham].  And there was a set of proffers that were submitted and it was advertised.  Your policy also says that final signed proffers shall be received nine days in advance of the public hearing.  Now if they have not been received, the Board policy is to proceed with the public hearing and unless there is some compelling reason to act, your policy is to defer.  But that is certainly an option of the Board.  The Board is not bound by that policy in every instance.  It’s at the discretion of the Board as to how to follow it, but that is your policy statement and the Board has been consistent in following that since you adopted it [in December 2005.”

Mark Graham, Director of Community Development
“Mr. Chairman, I have copies of the policy if anyone would like to have one and I’ve tried to highlight that the policy actually calls for deferment and scheduling of a second public hearing with those revised materials.  That’s just a point of clarification on it.”

Larry Davis, County Attorney
“Since you adopted that policy there has also been a change in the state law which requires that if there is any material change in proffers after the public hearing is opened that a second public hearing is required, which [the change in state law] is not specifically addressed by that proffer policy but it limits making changes to proffers after the public hearing has begun, from a legal standpoint.”

Supervisor David Wyant (White Hall)
“Which public hearing? Planning [Commission]?”

Larry Davis, County Attorney
“This public hearing before the board.  So once you open the public hearing, any material changes to these proffers will necessitate a second public hearing.”

Supervisor Dennis Rooker (Jack Jouett)
“Which proffers, the ones that have just been handed out?”

Larry Davis, County Attorney
“Yes sir.”

Supervisor Ken Boyd (Rivanna)
“I am a little bit confused about one thing because you used the term ‘substantive changes’ and I got the impression when you were originally going through that there was just a few substantive changes to it, not many with the exception of the one having to do with the cash proffer for affordable housing.  And I still don’t even understand where we are with that particular proffer now.  Is it we have the option of doing it either way we want to?”

Supervisor Dennis Rooker (Jack Jouett)
“There are a number of material differences between the proffers…between what was in our package and what we have.  I think what was handed out is better for the County than what was in the packet.”

Supervisor Ken Boyd (Rivanna)
“That was in response to our request.”

Larry Davis, County Attorney
“The developer has been, I have to say the developer has addressed the issues as we requested them to address them this morning.”

Supervisor Ken Boyd (Rivanna)
“I understand that there is many of them and there is, probably from a legal standpoint, there are substantive changes.  [Are] there substantive changes in what is being proffered?”

Larry Davis, County Attorney
“Yes…” [Mr. Davis then cites examples of the material changes]

Larry Davis, County Attorney
“So there are a number of substantive changes, and I think the proffers in front of you are, I think in good shape, but I have to say I have not had a chance to review them, and as indicated by Mr. Rooker’s question, I really didn’t know because I hadn’t read that part yet.  But Greg Kamptner in my office has spent a bunch of time this morning on this and he feels that they are in the best shape that he can get them to you today.  He’s assured me that he’s reviewed them within the last hour.”

Mark Graham, Director of Community Development
“And staff’s position would be the same on that.  We have tried to, and they look like they have addressed the issue, but quite frankly we have not had the time that we would normally spend on a set of proffers, to give them the scrutiny, and be confident that they adequately address the issue.”

Supervisor Ken Boyd (Rivanna)
“I appreciate what you are saying, but what I am trying to clarify in my mind here is that it appears we got a set of proffers that we didn’t particularly like and either staff, in terms of community development, or legal people, said look we need to clarify this point… and now we have worked through this process.. .  Are you all afraid that maybe something else was put in here that you didn’t see?  It sounds like you were part of the process of redesigning these all along, which ought to give you some level of comfort because you had studies it before...”

Larry Davis, County Attorney
“It’s been an interactive process the last few days and we have accomplished what I think we were trying to do which was to get a set of proffers that the board could consider and adopt if you chose to do so.  And I think we have them in that form.  I don’t know that planning staff have had time to re-analyze the planning issues as they have changed in the last few days.  But I can’t address that, I think Mark is going to have to address whether they have had adequate time to address the planning issues.”

Mark Graham, Director of Community Development
“And I think that is what I was getting to.  We have not had the time to give them the kind of scrutiny we normally would…”

Soon after this exchange, the Board was told they could speak with Wood without opening a public hearing. After those discussions, they postponed action and asked Wood to leave the room and work with the County’s staff and attorney to revise the proffers.  About an hour later, staff returned with Wood and two versions of revised proffers.  The public hearing was opened. 

---

When the public hearing opened, I made the following remarks:

Good afternoon, my name is Brian Wheeler, Executive Director of Charlottesville Tomorrow.  My organization does not have a position on this rezoning or the expansion of NGIC.  I would however like to connect some impressions of the County’s review of this request with the voter survey results that I provided you this morning.

Charlottesville Tomorrow had a national public opinion research firm ask 1,045 Albemarle County voters about their level of satisfaction about government’s efforts to ‘create genuine public participation in growth and development decisions.’  Only one-half of the voters were satisfied, 51.9%.

As a member of the public, I have access to the July 2nd proffers and Mr. Wood’s July 12th letter to react to.  I don’t have the proffers he submitted this morning.  When this project was recommended for approval by a 4-3 vote of the Planning Commission, the commissioners who voter for it did so with statements about how these proffer details would all be vetted by this Board.  The commissioners voting against it said they did so in part because the proffers were not in order.

I attended the July 10th meeting, I’ll just read from my notes here:

[Commissioner Marcia] Joseph observes that Planning Commission didn’t have luxury of a work session, applicant is in a hurry.

[Commissioner Bill] Edgerton – There will be tremendous community impact no matter who moves in there.  A rezoning is forever…  I can’t in good conscience support something this unresolved.

[Commissioner Marcia] Joseph – I can’t support this with so many outstanding issues.  I’d prefer to have more information prior to meeting…

While motion was being made and proffers re-written on the fly, Mr. Cannon asks if the Commission can even pass a motion when the applicant hadn’t even  proffered the things that they were putting in the motion.  [Deputy County Attorney] Kamptner said that that could work.

So flash forward to today and you have proffers your attorney said earlier he has not reviewed.  You have proffers your head of community development said he had not reviewed.  You have accepted proffers against your internal policy for their review by staff.  You have proffers the public has had no opportunity to review.

When applicant’s get special treatment like this, public confidence in your process is but one of the things that suffers and leads to public opinion numbers like those found in our survey.

It is regrettable that County staff have been sent behind closed doors in the middle of a board meeting to negotiate this deal with Wendell Wood and that the public hasn’t had a genuine opportunity to participate.  Thank you.
[End of my remarks to the Board]

---

The rezoning request was approved unanimously by the Board.  According to today's Daily Progress article, Supervisor Sally Thomas said an e-mail indicating NGIC didn't intend to occupy Wood's buildings and that was not reviewed prior to her vote would have factored into her decision:

"It shows the value of our policy,” Thomas said during a break. Given the e-mail, and the fact that board did not follow its own policy, the supervisors might have “mud on our face,” she said.

The letter from Glenn Wait at NGIC states, in part: "[I]t would indeed be very convenient to have housing within walking distance of the Center. At this time, we have no direct plans or contractual arrangements to lease the proposed apartments that Mr. Wood is wanting to build. I believe that he is being proactive as he knows at some point the Army will be re-negotiating for apartments and I am sure that he would want to be considered."

Brian Wheeler

An in-depth look at the NGIC deal

NGIC land deal in the news...

October 2005: NGIC's Expansion Announced

10/20/05 * Daily Progress: NGIC plans for expansion with $85 million facility

May 2006: The vote on the land deal

5/3/06 * Charlottesville Tomorrow Includes audio and PDF download of resolution

5/4/06 * Daily Progress:  County Adjusts for NGIC

March 2007: C-Ville Weekly's Jayson Whitehead starts a series of articles on the land deal

3/20/07 * C-Ville Weekly:  Let’s Make a Deal

5/1/07 * C-Ville Weekly: Army keeps Wood's secret:  Government refuses to disclose value of NGIC land

5/7/06 * Daily Progress: Conflict delayed land deal: County  vote to aid NGIC, area developer

5/15/07 * C-Ville Weekly: Citizen presses for NGIC info:  Accuses Supervisor Boyd of lying about land swap

May 2007: Planning Commission  takes Wheeler parcel off the table

5/29/07 * C-Ville Weekly: Pantops land will remain in growth  area: Supervisors respond to impact on NGIC resolution

6/5/07 * Charlottesville Tomorrow Includes audio of Planning Commission discussion about Wheeler parcel

6/6/07 * Daily Progress: Planning Commission eyes Pantops  site

6/19/07 * WINA AM 1070: Clara Belle Wheeler interview

6/23/07 * Charlottesville Tomorrow's in-depth report (this posting)

WINA’s talk radio programs have drawn some added attention to the National Ground Intelligence Center (NGIC) land deal this week.  Unfortunately because of a thunderstorm Tuesday that interrupted power at their studio, much of the recorded audio from these programs has been lost.  Since I was one of the guests and took some notes during the interviews, in this post I’ll share the information Charlottesville Tomorrow has pulled together on this important public policy issue.

Watch a 1 minute video at the bottom of this post showing which parcels of land are part of the NGIC deal

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The NGIC land deal has been described by supporters as an effort by Albemarle County to ensure a major employer on Route 29 North remains in Charlottesville and has room to expand to support another 800-1000 jobs being moved here from a defense facility in Maryland.  The “deal” involved the sale by Wendell Wood of about forty-seven acres of land to the federal government.  It came with support from the Board of Supervisors, via a May 2006 resolution of intent, to have Albemarle County consider a future redrawing of the comprehensive plan boundaries to move thirty other acres of Wood’s rural land near NGIC into the growth area with an offsetting adjustment to move seventy-seven acres near Pantops, owned by Clara Belle Wheeler [no relation to this author], into the rural area.  The deal has been described by critics as not starting with an open process, as government being bullied into helping increase the investment profits for a private citizen, and as an over reaction to the suggestion that Department of Defense might pick up their facility and leave town if they didn’t get Wood’s land for $7 million or less.

The resolution of intent passed by the Board was intended to send Wood the signal that he could proceed with the sale of land to NGIC knowing that five of the six members of the Board of Supervisors had supported his request for a growth area boundary adjustment.  The resolution has initiated a sequence of reviews to be incorporated into the development of both the County’s Places29 Master Plan and the Pantops Master Plan.

A little over a year ago, Supervisor Ken Boyd took the lead bringing the matter before the Board and he spoke directly to Wendell Wood and Clara Belle Wheeler in advance of the Board’s meeting on May 3, 2006.  Wood’s letter formally requesting the adjustment is dated April 26, 2006.  In that letter, Wood asked that portions of five separate parcels of land be incorporated into the growth area adjacent to NGIC and along Watts Passage Road.  In an appearance on WINA’s Charlottesville Live on June 22, 2007, Boyd described how Wood had “said that he was going to lose a lot of money on this if he sold it to them at [$7 million], but if we were willing to redraw the boundary lines to put another thirty acres, which was adjacent to it, or surrounding it, into the development area, he could recoup his losses with that.”  Boyd also said that no promises were made to Wood about the boundary change beyond the fact that the Board’s recommendation would go through the public process as part of the master plan reviews.

Unlike Wendell Wood, Clara Belle Wheeler never put a request in writing to the Board.  When Boyd called her and described the proposed swap of land involving a property owner on Route 29N, she says she told Boyd, “I’ll think about it.”  Wheeler’s interest in having her land remain undeveloped was well known by the Board and her parcel was held out as a way to offset the boundary adjustment being proposed for Wood.  The County Attorney, Larry Davis, even revised the resolution of intent the day before the vote to insert language related to Wheeler’s parcel as an offsetting adjustment.  Boyd told the Daily Progress that Wheeler had told him she was committed to moving her land into the rural area.

After the resolution was passed, Wheeler was shocked to hear via a phone call from Supervisor Sally Thomas that her land had been included as part of the proposed NGIC resolution.  In her appearance on Charlottesville Right Now with host Coy Barefoot on June 19, 2007, Wheeler stated, “If you don’t know there is going to be a public meeting, and you don’t know what is going to be discussed, you can’t be there.  If you are going to discuss something as major as trading rural and urban development rights, that needs to be done in a pre-announced public forum.”  Sally Thomas was the lone vote against the resolution.

Wendell Wood called in to Coy Barefoot’s program shortly after Clara Belle Wheeler’s appearance.  When it was suggested he was getting special treatment, Wood responded, “I think I deserve special treatment.  I pay millions of dollars in taxes.  In reality, I think I do get special treatment, negative treatment.  I truly believe I get negative treatment as a developer in this community.”  Wood said before the matter came to the board he had no prior knowledge of the offsetting arrangement with Wheeler’s land.

Thus part of the controversy related to the NGIC land deal relates to the fact that the matter was not published in the Board’s meeting agenda and it was brought up by Boyd under other business at the very end of a meeting.  Neither the general public, nor Clara Belle Wheeler, had any advance notice that the Board would be acting on the resolution of intent.  Even Wood was not aware of proposed boundary adjustments involving anything but his property.  Further, the exact parcels belonging to Wood were not detailed for the public’s review.  In addition, the Supervisors had discussions behind closed doors that, while legal, meant the public didn’t have the benefit of knowing the details of their past discussions leading up to the vote on the resolution.  [Listen to our podcast of the May 3, 2006 vote]

Two months after the resolution of intent was adopted by the Board of Supervisors, Wood sold the 47 acres to the federal government for $7 million in July 2006.  He said on WINA this week that he did not know how much money he was giving up by letting the property go at that price because he did not have it appraised.  The federal government’s appraisal has not been shared with the public. 

In May 2006, Wood told Charlottesville Tomorrow that federal government was $4.5 million short of the property’s appraised value.  That puts Wood’s understanding of the appraisal at about $11.5 million in May 2006.  In May 2007, C-Ville Weekly concluded after interviewing Wood that he thought the property was “appraised at around $16 million.”  Wood and Boyd have both pointed out on WINA that taking the property by eminent domain was not an option because the government still couldn’t pay fair market value for the property. 

While the government now owns the land they need for NGIC’s expansion, the other parcels and the officials that voted for the deal are facing increasing scrutiny, particularly as the Places29 and Pantops Master Plans are coming under review.  The Albemarle County Planning Commission had an opportunity to act on Wheeler’s land when they voted to approve the Pantops Master Plan on June 5, 2007.  Wheeler says they did what she asked them to do which was to leave her land in the designated growth area. 

C-Ville Weekly has quoted Supervisor David Slutzky as saying he did not recall Wheeler’s land was involved in the deal nor was it a factor in his decision to help NGIC.  Supervisor Boyd was quoted as saying, “there was never any tradeoff, there was never any association between the two items,” the Wood property and the Wheeler property.  When interviewed this week by Charlottesville Tomorrow, Slutzky expanded on his remarks and said that the two pieces of land “were not linked in my mind as justification for my support of the resolution.”  “Our decision to do this was not tied to her land, that [77 acres] was just an illustrative example that such things would be possible,” said Slutzky.  He acknowledges now that the resolution does reference her land, but he points out that, in the resolution’s action statement, it only refers to Wood’s 30 acres as being identified for a specific boundary adjustment.

What will become of the land Wendell Wood’s wants added to the growth area?  That will certainly be a topic in future Places29 work sessions and upcoming public hearings.  The Daily Progress recently quoted Supervisor Dennis Rooker as saying he felt like the Wheeler parcel was a “material” factor in his vote in favor of the resolution and that he would be “less likely” to support moving the boundary adjustment for Wood without other land as an offset.  At the same time, the Daily Progress has reported that Supervisor David Wyant, Slutzky, and Boyd agree that “having the land swap was not crucial to the decision, and that they will continue to support the designation Wood wants.”

Reviewing the matter with Charlottesville Tomorrow, Slutzky says, “This isn’t about Wendell Wood, this is about NGIC.  Because of what I learned in my own investigation, I became convinced that it was what we needed to do.  The threat was real, that if we couldn’t give them some assurances, that we would likely lose the existing NGIC.”

No matter what happens with Wheeler’s land, Wood said on WINA this week that he expects the County to follow through on their intentions to move his land into the growth area, particularly since he has already sold his other property to help NGIC.  Rooker pointed out in a call to WINA Friday that a change in the comprehensive plan doesn’t rezone Wood’s property.  He noted there would still be public hearings for a rezoning before the Planning Commission and the Board of Supervisors.  However, if a revised comprehensive plan and the Places29 Master Plan call for the additional growth on Wood’s thirty acres, he would have every reason to also expect their approval of a reasonable rezoning request.  Wood is accustomed to lengthy deliberations by Albemarle County and he knows the math—it will take four votes in the future to seal the deal.

Watch a 1 minutes video presentation showing Wendell Wood's property involved in the NGIC land deal:

Brian Wheeler