Developer seeks more time on request to to change Rio Road form-based code

One of the topics in Albemarle County’s Comprehensive Plan update relates to the role of what planners call “activity centers.” These are areas where the county wants developers to build as much as they can in order to concentrate growth into specific areas. 

“These centers are locations where higher density and intensity of uses are expected and the goal is to create walkable mixed-use centers and major employment hubs,” reads the draft land use chapter in what the county calls AC44.

One of those centers is the intersection of Rio Road and U.S. 29 where Supervisors adopted a form-based code in late 2019 to encourage that sort of use. This plan includes a “core” area.

“The Core character area has the highest intensity and most urban form of development within the District,” reads a definition of the Core in the form based code. “Development encompasses a mixture of uses and an active street life, encouraged by transparent façades, taller ceiling heights, and non-residential uses on the ground floors of buildings.”

Earlier this year, the Charlottesville Realty Corporation asked for a rezoning of 7.71 acres along Rio Road across from Fashion Square Mall to change the plan from “core” to “flex” on a portion of the property to allow for smaller buildings. 

“Additional challenges with the core designation include the requirement for ground floor commercial, or buildings built to accommodate ground floor commercial on all sides,” reads the request for an amendment. “Preliminary development studies have revealed that development of the entire parcel in accordance with the core requirements would not be feasible.”

However, the developer has asked for a deferral which pauses staff review of the proposal after a meeting with county staff earlier this month. 

“I am in the process of working through updated application materials per our meeting last week and we will resubmit in the next few weeks,” said Chuck Rapp of the firm Collins Engineering in a November 13 email. Rapp served for a brief time as Albemarle’s planning director. 

In August, Albemarle County Supervisors ratified an economic development agreement to incentivize Home Depot to move more quickly on construction of a new store at the location of the now demolished Sears section of Fashion Square Mall. What was referred to as Project Julius is a $750,000 tax incentive that requires the new store to be open by December 24, 2025. Take a look at that story here.

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