Action near on Midway proposal?

Following a contentious public hearing, Greene's Board of Supervisors voted unanimously Tuesday, August 26 to defer a decision to rezone more than 16 acres that would stretch south down U.S Route 29 from its intersection with State Route 607.
Midway Corner, the proposed commercial development, would consist of retail shops, office space, and possibly a hotel. Owned by S.J.S. Limited of Charlottesville, it is to be developed by KG Associates, developer of Forest Lakes in Albemarle.
The decision to defer was made due to questions surrounding comments made by the Virginia Department of Transportation.
"VDOT has requested that (some land) be reserved for its possible purchase and the purchase price be fixed at its current market value," Bart Svoboda, the County's zoning administrator, explained. "The developer would rather have it dedicated, meaning he would like to have VDOT decide what it wants to do with the land and purchase it now."
As a result, Board Chairman Steve Catalano called for the request to be deferred.
At Large Board Member Carl Schmitt appeared upset at times during the meeting with the applicant. He asked that the deferment give concerned residents more time to meet with the developer.
But Catalano scheduled the request as an action item at the Board's next regularly meeting, on Tuesday, September 9.
Most of the people who signed up to speak at the August 26 meeting were homeowners from the Enderly Acres residential development. Andrea Wilkinson, chairperson of the Ruckersville Citizens Council also voiced reservations.
Both have been lobbying against approval of the submitted rezoning request.
Enderly Acres will adjoin the Midway Corner property, should the rezoning pass. One of the development's homeowners, Justin Claeys, said more than 100 Enderly Acres residents have signed a petition against the proposal to rezone the property from residential to B-3 business.
Greene's B-3 zone covers those portions of the County characterized by constant heavy traffic where "frequent efficient access" to businesses is required.
The petition reads, in part: "The request … should be denied … B-3 allows truck stops, hotels, convenience stores and fast food restaurants. These are 24-hour or long-hour operations, with lights, noise, odors, and activity that would be disruptive to our neighborhood every hour of the day, every day of the year. These and other long-hour businesses create late-night hangout locations that will dramatically hurt the safety and security of our neighborhood."
According to the County's ordinance, B-3 use regulations allow for all business uses allowed in other business zones, as well as, among other things: hotels and motels; drive-up restaurants; convenience stores; vehicle sales and service; building material sales; service contractors; highway retail service centers and truck stops; and, bus, truck and taxi terminals.
But KG Associates proffered out months ago much of what the Enderly Acres residents have objected to.
The proffers form, dated August 11, specifically restricts: clubs; nightclubs or dancehalls where alcohol is served; temporary merchants selling fireworks; vehicle sales, service and rental businesses; vehicle repair garages; highway retail service centers and truck stops; bus, truck and taxi terminals; and fuel distribution centers.
In addition, the proffers form includes a concept plan describes the location of an expanded buffer adjacent to residential properties, the general locations for the proposed development's intersections with exterior roads, and the general concept of an interior road running parallel to Route 29.
On the west side of the proposed parallel road, closest to the Enderly Acres neighborhood, the developer has restricted: convenience stores; drive-up restaurants; building material sales; and, service contractors.
At the August 26 meeting, Claeys said, "We have … been willing to work with (the developer) and try to come to a compromise. In doing so we've created an … alternative concept plan. Michael (Barnes) rejected that. We don't feel that we're quite ready to (reach an agreement) … we need to work with Michael some more to … proffer some additional measures."
Claeys said he wanted, among other things, a restriction on hours of operation on the commercial development; a higher fence than the proffered six-foot fence between the commercial and residential properties; and, guarantees for security.
According to county officials, developers are under no obligation to discuss projects with citizens.
Barnes, however, has met with Claeys and other residents in his office regarding their concerns.
Barnes has also attended a meeting of the Ruckersville Citizens Council - a group formed a little more than three years ago "to enhance the quality" of life" in the Ruckersville area, according to its blog.
During the public hearing August 26, Wilkinson requested a deferral of the Midway Corner project to "get everything straightened out with VDOT and everything straightened out with all the neighbors."
She noted that the Planning Commission had recommended denial of the project last month - partially due to unresolved citizen concerns.
"We've not had a chance to understand every ramification," Wilkinson remarked.
But Barnes said at one point: "We have worked with Enderly Acres and Ruckersville Citizens Council. We're trying to strike (a balance that maintains) the flexibility we'll need to (create) a successful project … if we don't have flexibility our chances of the project being a financial success will be hurt."
All Board Members addressed the concerns of residents.
As with Schmitt, Vice-chairman Buggs Peyton suggested that the developer might have another conversation with the residents.
"I'd like to see this development proceed but I just don't think that we've answered all the questions satisfactorily," Peyton said.
Mike Skeens asked about maintenance of the security fence between the residential and the commercial development.
Jeri Allen said: "This is clearly an area for commercial development. There has been tremendous effort put forth on the part of the developer … to work with the neighbors. While I am sympathetic to the concerns of the nearby residents I don't think it's in the best interests of the residents or the County to put so many restrictions on this development that will virtually doom it to fail."
Catalano agreed with Allen and applauded the efforts of the developer in working with the citizens.
"A lot of work has gone into this; more than I've ever seen on a B-3 rezone … the land use is appropriate; it is something that is designated in our comprehensive plan," Catalano said.
The Board is scheduled to take action on the request at its regularly scheduled meeting September 9. The meeting will be held at 7:30 p.m. in the County Administration building on Celt Road in Stanardsville.