Planning staff urges two-step approach for Link District ordinance; EDA to review draft and provide feedback

Dr. Rhonda Russell, a planning department lead, presented the Planning Division’s recommendations for the Link District (formerly called the Innovation District) to the Economic Development Authority on Oct. 21.

Russell said the city had completed a comprehensive plan audit and that lessons from a Harvard Design School charette and a study trip to Greenville, South Carolina, motivated additional design recommendations. The staff’s current draft ordinance would encourage buildings pulled forward to the right-of-way, set a maximum building height of 100 feet and a density cap of 64 dwelling units per acre, emphasize ground-floor retail or service uses with residential or office above, and identify certain uses (for example, gasoline sales, vehicle services and some storage uses) to be prohibited and therefore become nonconforming if the ordinance is adopted.

Russell presented two paths for the EDA’s consideration: (A) proceed with adopting the current draft ordinance language now (permitting the innovation uses and prohibiting certain other uses), while simultaneously undertaking a stakeholder design-engagement process and drafting a design-focused amendment to be considered later; or (B) delay adoption and incorporate the more prescriptive design elements now, reflecting lessons from Greenville and the Harvard charette. "If we like it to activate it, we have to put it into prescriptive ordinance and development guidelines, and we're prepared to do that," Russell said.

Commissioners and staff discussed legal limits for enforcement of nonconforming uses, noting that under the Code of Virginia nonconforming uses that do not cease operations for 24 months may continue. Staff said building interior inspections are generally limited absent a building permit or evidence of imminent public safety issues; exterior and redevelopment inspections occur through zoning and permitting processes. The group also discussed phased implementation of design elements and the need to align the Link District direction with the RAISE streetscape project, which is at roughly 60% design and requires definitive guidance within approximately the next 60 days to avoid costly redesign.

Multiple commissioners said they supported moving forward with adoption of the current draft ordinance and later amendment to add detailed design language; others emphasized urgency because property transactions are occurring quickly. Dr. Russell and staff agreed to circulate the Benchmark draft ordinance, associated design materials and a proposed response deadline so the EDA could submit consolidated feedback to planning staff before upcoming council work sessions.

No formal ordinance vote was taken during the meeting; staff said the Planning Commission and council work sessions remain the procedural steps before eventual council adoption.