Charlottesville Community Engagement
Charlottesville Community Engagement
August 14, 2023: Planning Commission finds portions of floodplain apartment project to be inconsistent with Charlottesville Comprehensive Plan
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August 14, 2023: Planning Commission finds portions of floodplain apartment project to be inconsistent with Charlottesville Comprehensive Plan

Plus: Great Eastern Management Company seeks more hundreds more units at North Pointe

With August 14 having arrived, 2023 is now over 61.9 percent of the way through to 2024. But you are just at the beginning of another edition of Charlottesville Community Engagement, a newsletter and podcast that seeks to capture as much as possible about what happens in a given year. I’m Sean Tubbs, constantly trying to increase the amount actually covered. 

In today’s edition: 

  • Charlottesville has released the latest report on retail vacancies throughout the city

  • Great Eastern Management Company seeks rezoning to add more than 550 homes at North Pointe

  • The Charlottesville Planning Commission declares public facilities to be built as part of 245-unit apartment complex in a floodplain would not be consistent with the city’s Comprehensive Plan 

It takes time to do the research that goes into this newsletter. Your paid subscription helps keeps the work flowing!

First shout-out: The Charlottesville Area Tree Stewards

In today’s first subscriber-supported shout-out: The Charlottesville Area Tree Stewards offers many events to support their mission of supporting rural and urban forests to help people understand the value of trees. Coming up on August 24, there’s a guided tree walk at Preddy Creek from 9:30 a.m. to 11:30 a.m. There will be a remarkable array of trees, some of which are not often seen in Albemarle County, such as American wild plum, shingle oak and butternut.

The walk will take approximately 2 hours covering about two miles on gently sloping  or relatively level woodland trails, much of it along Preddy Creek. The focus will be on tree identification and interesting aspects of the trees that will be seen. 

Register for the guided tree walk at charlottesvilletreestewards.org

More vacancies in Charlottesville according to latest report 

The number of vacant storefronts in Charlottesville increased slightly as 2023 passed the mid-way point. 

The city’s Office of Economic Development periodically releases a report of retail vacancy rates in six separate areas. Out of the 449 retail spaces tracked by the city, there were 26 empty commercial spaces or a total vacancy rate of 5.79 percent.

That’s up from 4.68 percent as recorded in the January 2023 report, or five more vacancies this time around. 

There were 11 vacant storefronts on the Downtown Mall, up from eight in January. The section of the report on the Mall counts Draft Taproom as being occupied. Another new opening is the opening of Lone Light Coffee in the space on 4th Street NE that had been occupied by The Pie Chest. 

Vacancies include the Dewberry Hotel, the former Fellini’s space at 200 West Market Street and the former home of Vita Nova. Several restaurants that had been part of the Champion Hospitality Group are now vacant including Passiflora and Brassiere Saison. 

There were seven vacancies in Seminole Square Shopping Center, up from six months ago. The report notes that there is a mixed-use redevelopment planned at this location so several vacant storefronts are not included.  (See also: Great Eastern Management Company presents plan for mixed-use redevelopment of Seminole Square, March 25, 2022)

One recent closure at Seminole Square was Dogwood Refillery. An opening has been Seoul Korean BBQ in the former Chili’s building. 

Barracks Road Shopping Center added two more businesses for a total of six vacancies. 

Both Preston Plaza and McIntire Plaza had no vacancies for the second report in a row. 

The Corner had no vacancies in January but there were two recorded in July. 

Take a look at the full report at this link (Credit: Charlottesville Office of Economic Development)

Albemarle development: Rezoning application filed in Albemarle for 244 apartment units on Berkmar drive

In a regular work week, I like to take one day where I just go through recent applications and report what I find to be interesting. In addition to this newsletter, I have a column in C-Ville Weekly each week. So, I’m always on the lookout for stories and there’s plenty of stones to unturn. One source is the county’s public archive of land use documents.

Plans filed for Woodbrook Apartments

More homes are slated for land within the Places29-Rio Master Plan area and close to the Rio Road Small Area Plan. 

G.W. Real Estate Partners has filed a rezoning to build four multifamily apartment buildings on 7.2 acres of undeveloped land the west side of Berkmar Drive between Woodburn Road and Woodbrook Drive. 

The request is to upgrade from R-6 to Planned Residential Development (PRD) to allow for up to 244 dwelling units. 

“The Project proposes five residential buildings and envisions a mix of three and four-story split and five story buildings,” reads the narrative. “Each of the two buildings fronting on Woodburn Road will be five stories.” 

Without the rezoning, a maximum of 43 units could be built on the site. 

There will be a request for a special exception to modify or waive a stepback requirement. Fifteen percent of the units would be rented to households with incomes below 80 percent of the area median. (ZMA2023-006)

Location map of the proposed Woodbrook Apartments 

Great Eastern Management Company seeks rezoning at North Pointe to add 550 more homes

The Great Eastern Management Company has filed a plan to amend the previous rezoning that cleared the way for the mixed-use North Pointe development that is now under construction near the Charlottesville Regional Airport. 

The company wants to rezone just over half of the 269 acres subject to the 2006 rezoning. 

The 2006 rezoning put a limit on the number of dwelling units at a maximum of 893  The amendment seeks to increase that number to 1,548 by allowing more townhomes and multifamily apartment buildings. The number of single family homes would remain at 269. 

“To address the public need for additional housing in the Albemarle Charlottesville region, higher density housing is needed to provide entry-level and workforce housing in all its forms,” reads the narrative. “Higher density projects such as the North Pointe Community allow for the protection of environmental resources and lessens the pressure on the rural areas to provide  housing.” (ZMA2023-007)

Here’s a round-up with information compiled from a review of applications for zoning clearances.

  • The Virginia Department of Transportation is currently taking input on a survey for transportation solutions in a rapidly changing Ivy Road Corridor. In addition to UVA’s growth in both Albemarle and Charlottesville, a small shopping center on Ivy Road has been undergoing a renaissance since JPA Towers Investors bought the property in January 2020. Selvedge Brewery will replace Snowing in Space according to a zoning clearance approved on August 8. The Charlottesville Daily Progress had an article on this back in April. (CLE2023-102)

  • Caliber Bodyworks of Virginia will open a location on the site of the former Hall’s Body Shop. A zoning clearance application is pending. (CLE2023-104)

  • Stephen Harvey wants to open an event space at 340 Towncenter Lane called Fire Free Coffee Bar. A request for additional information had not been received at press time, but the address in the zoning clearance application matches the same address as the Republican candidate in the House District 55 race. (CLE2023-105)

  • A company has received a zoning clearance to open a grocery store called Medina Market in Albemarle Square in the space formerly occupied by Plan 9. A building permit is required to connect two storefronts into one. (CLE2023-107)

  • A new Thai restaurant has opened on Route 20 in the space formerly occupied by Riverbirch. MaplePine is the latest tenant in the Shops at Riverside Village built by Stony Point Design Group per an approved zoning clearance. (CLE2023-108)

  • Johnson Controls is seeking a zoning clearance to open a 20-person operation in the River Edge complex off of Route 20 at the base of Pantops. (CLE2023-112)

  • Southwest Mountain Vineyards has filed for a zoning clearance for amplified music at its location on Route 22 on land owned by Paul Manning at Castalia. (CLE2023-113)

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Second shout-out: Rivanna Conservation Alliance’s Community Watershed Cleanup

In today’s second Patreon-fueled shout-out:  Mark your calendar for the 4th Annual Rivanna River Round-Up on Saturday, September 16th! Volunteers of all ages can participate in a community-wide cleanup across more than a dozen sites in the Rivanna River watershed, clearing litter from our rivers and streams. Registration for the Rivanna River Round-Up will open on August 21st.

Do you know of a trail, stream, or other accessible location in the Rivanna River watershed that could use a trash cleanup? Let the RCA know by suggesting a site for this year’s event. Just answer a couple of questions using a form on their website and you might see your suggestion become an official Round-Up cleanup site!

Charlottesville PC checks 0 East High Street projects against Comprehensive Plan

Does Charlottesville’s Comprehensive Plan sanction the existence of public facilities such as sidewalks and sewer pipes that would be built as part of a development in the floodplain? That was the central question asked at a public hearing before the Charlottesville Planning Commission last Tuesday. 

“Our focus tonight is on the review of the identified public features for their consistency with the Comprehensive Plan,” said James Freas, the city’s director of neighborhood development services. (staff report for the item)

This on the item on the Planning Commission’s agenda is known as a 2232 review after the section of Virginia Code that enables this check of what would otherwise be a by-right development under the city’s existing zoning code. 

“The applicant proposes two new streets labeled Public Road A and Public Road B in addition to widening our existing Caroline Avenue and Fairway Avenue,” said Carrie Rainey, the city’s urban planner. 

The land for the roads as well as land for public trails to the Rivanna River would eventually be dedicated to the city as part of the project. 

“The applicant is also proposing the dedication of two  new parcels, Lot A and Lot B,” Rainey said. “Lot A is proposed to include a new public trail and Lot B is proposed to include a new parking trail and parking lot and trail connection to the existing Rivanna River Trail.” 

The scope of the review was limited to the Comprehensive Plan and did not cover whether any of the improvements would meet technical guidelines including whether the city would eventually issue a permit to build in the floodplain. 

“Generally as part of the Comprehensive Plan compliance review, we are not reviewing the details of design of those pieces part of which would have to be confirmation that the floodplain permit could be achieved and that the requirements were met per the floodplain and floodway section [of the code],” Rainey said. “So there’s not a detailed analysis at the time. That would happen during the final site plan process.”

The city has issued four denials of preliminary site plans so far. 

Civil Engineer Justin Shimp represented Seven Development during the compliance review. He said he listened at the site plan conference last October when neighbors of the property expressed concern they would lose access to the Rivanna River. The fourth submission contained more specific guarantees to the city. 

“It is private property right now and people have been traversing across it but there is no easement or any right of the public to do so,” Shimp said. “This project proposes creating those rights in perpetuity.” 

Shimp is one of most prolific civil engineers in the community with dozens of land use applications in process at any particular moment. He said he’s never had one of his projects called up for a 2232 review. He said the development would help advance the city’s ability to access the river, citing one of the “guiding principles” of the Comprehensive Plan adopted in November 2021.

“‘The city will place an emphasis on enhancing networks and safety for walking, riding bicycles, and public transportation,’” Shimp read aloud. “This is definitely an improvement for walking and bicycling in this corridor.” 

Some of the guiding principles of the Comprehensive Plan as seen on page 22. (view the whole plan)

City Councilor Michael Payne cited other sections of the Comprehensive Plan such as the Urban Rivanna Corridor Plan which was added to the larger document in February 2022. (read that plan)

“And I just really struggle to see how you could make the argument that this is improving access to the Rivanna River,” Payne said to applause in a CitySpace filled with opponents of the project. “It’s kind of as if there is this public space that the community loves to come to and we’re going to pave over that, therefore we’ve increased the access.” 

Shimp reminded Council and the Planning Commission that the land is not public property and the current landowner could put up fences at any point. 

Mayor Lloyd Snook said he found nothing in the Comprehensive Plan that said the city desired apartment buildings in the floodplain but said he was unsure of the outcomes of a 2232 review.

“This is not a site plan review, this is not a rezoning request, and frankly it’s something that I don’t know if Council has a particular voice in,” Snook said. “When we get to vote on what, I’m not sure.”

City Attorney Jacob Stroman confirmed that Council would be able to vote on the Commission’s recommendation once they’ve made one.

The public hearing featured many speakers who asked the Commission to find that the public facilities would not be consistent with the Comprehensive Plan. 

“The single dumbest idea I’ve heard is to build in the Rivanna floodplain adding to the likely future floods,” said nearby resident David Swanson. 

“These facilities would ruin the High Street riverfront as we know it,” said John McDonald. 

There was an appearance from the Green Grannies, but you’ll have to hear that in the podcast. 

“Multistory apartments are not more attractive than trees,” said Bob Gibson of Chesapeake Street. “They’re not really ‘improvements.’” 

One former member of City Council urged the Planning Commission to vote that the project would not be in compliance. 

“The comp plan and the city code all require protection of water quality from harms caused by stormwater yet heavy storms impact this area,” said Kay Slaughter. “The project would further exacerbate problems by removing substantial mature trees and vegetation within the floodplain.” 

After the public hearing, the matter came back to the Planning Commission. Commissioner Hosea Mitchell said he could anticipate something would eventually get built at 0 East High Street.

“There’s a property rights rule here that’s going to be utilized but as it relates to this public facilities offer, I do not believe it is consistent with Chapter 6, Goal 1, which is connectivity where you want streets to connect to one another,” Mitchell said. “And I do not believe it is consistent with Chapter 7, strategy 5.8.” 

That strategy reads: “Work to preserve and enhance wetlands, floodplains, and other features that provide natural resiliency against climate change.” 

Commissioner Philip d’Oronzio said the trails that would be provided by the current application would be consistent with the Comprehensive Plan, but he didn’t think the public roadways would be.

Commissioner Karim Habbab also agreed that the roads wouldn’t connect to anything. 

“If you look at our Climate Action Plan and strategy 7.1 in the comp plan that talks to avoiding sensitive environmental resources and natural resiliency features such as flood plains, stream buffers, and wetlands, and the general goal of increasing our climate resiliency as well as the Rivanna River Corridor plan on retaining and stewarding natural habitats and systems throughout the corridor, this as presented…[is] not suitable, sustainable, or resilient and [is] detrimental and would go against our Comprehensive Plan,” Habbab said. 

The vote to communicate to Council that the Commission did not find that some of the public facilities to be in compliance with the Comprehensive Plan was unanimous. 

Commissioner Rory Stolzenberg was not present for the vote and there is one vacancy. 

Reading material:

Concluding thoughts for #565

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Charlottesville Community Engagement
Charlottesville Community Engagement
Regular updates of what's happening in local and regional government in and around Charlottesville, Virginia from an award-winning journalist with nearly thirty years of experience.