City of Richmond, Virginia Department of Planning and Development Review City Hall, Richmond, Virginia 23219 804.646.6335 (f) 804.646.5789 www.richmondgov.com

To: Urban Design Committee From: Planning and Preservation Division Date: September 5, 2013 RE: Agenda Item #14, Conceptual Location, Character and Extent review of the portion of the Tredegar Green Amphitheater proposed for City property, 344 Tredegar Street; UDC #13-39

I. APPLICANT Byron Marshall, CAO, City of Richmond Jack Berry, Venture Richmond

II. LOCATION The amphitheater is proposed be located on several parcels of land east of Belvidere Street, south of S. 2nd Street, west of Brown’s Island Way, and north of Tredegar Street.

Property Owner(s): The property owned by the City and subject to review is 344 Tredegar Street.

The three other properties on which the amphitheater is proposed are owned by Venture Richmond: 340 Tredegar Street, 300 rear Tredegar Street, and Parcel # W0000051012 (no address).

III. PURPOSE The application is for conceptual location, character, and extent review of the portion of the Tredegar Green Amphitheater proposed for City property, which is leased by Venture Richmond.

IV. SUMMARY & RECOMMENDATION This project spanning four parcels (only one owned by the City) would create a single 4.5 acre public space to host the main stage of the Richmond Folk Festival and other events. The most significant aspect of the Tredegar Green project is its potential impact on the and Kanawha Canal. The canal is listed on the National Register of Historic Places, including the section through the amphitheater site. Of the two impacted parcels that contain canal remnants, approximately 285 linear feet of the canal are on the City of Richmond parcel and approximately 210 linear feet are on the Venture Richmond parcel. After a careful review of the project plans and the historical record, it is the assessment of Staff that the proposed amphitheater will preserve critical aspects of the canal’s historic character and its potential for future navigability.

The Tredegar Green Amphitheater achieves two important goals of the Richmond Riverfront Plan.  The improvement will form a significant open public landscape that is jointly owned by the City of Richmond and Venture Richmond.  The project will preserve the James River and Kanawha Canal as a significant historic resource that will provide a significant bicycle and pedestrian amenity in the short term and that could support canal restoration westward in the long term.

Page 1 of 8 UDC File No. 13-39 Agenda Item No. 14 Staff finds that the proposal for the portion of the project owned by the City to be consistent with the recommendations of both the Downtown Master Plan and the Riverfront Plan. Staff also finds that the proposal for the City-owned portion is consistent with the recommendations of the UDC Guidelines.

While Staff is generally supportive of the proposal for the City-owned portion of the project, more information is needed during final review phase to fully understand the impacts of the proposal. Therefore, it is Staff’s position that the Urban Design Committee should recommend that the Planning Commission grant conceptual approval for the portion of the project on City-owned property, with the following conditions:  That the final plans provide a cross-section of the canal as it exists on the City- owned property.  That the final plans show the extent of grading and tree removal on the City-owned portion of the project area.  That the final plans provide a survey of all existing trees greater than 4” in caliper on the City-owned property, noting the location and species.  That the final plans provide a landscape plan and schedule showing plant species, location, quantity, and size at the time of installation on the City-owned property.  That the final plans show details on the bridge that is to be located on the City- owned property, including materials, dimensions, and color renderings.  That the final plans show details on the pedestrian paths and/or bike trails on City- owned property, to include dimensions and materials.  That the final plans show details on the proposed festival banner structure or any other permanent structures proposed on the City-owned property.

Staff Contacts: Jeff Eastman, (804) 646-6348 Tyler Potterfield, (804) 646-6364

V. FINDINGS OF FACT a. Scope of Review This project involves the creation of an amphitheater on land including a parcel owned by the City. The portion of the project on City property is subject to location, character, and extent review as a “park or other public way, ground, or open space” in accordance with Section 17.07 of the City Charter. The City Attorney’s office has advised that the Urban Design Committee’s authority to make recommendations applies to that portion of the project on City property only.

The site is traversed by the James River and Kanawha Canal, a historic district listed on the National Register of Historic Places. The canal is recognized as a wetland that is subject to United States Army Corps of Engineers (USACOE) permit review. Section 106 review (a portion of the National Historic Preservation Act of 1966) will also occur as a part of the requirement for USACOE permitting for the entire length of the canal affected by the amphitheater project. The City planning department, as well as the public and other stakeholder groups, will have input in the Section 106 review process for Tredegar Green.

b. Site Description and Surrounding Context The four properties (totaling 4.5 acres) on which the amphitheater is proposed are located east of Belvidere Street, south of S. 2nd Street, west of Brown’s Island

Page 2 of 8 UDC File No. 13-39 Agenda Item No. 14 Way, and north of Tredegar Street. The site is traversed by the James River and Kanawha Canal, a historic district listed on the National Register of Historic Places. This remnant of the canal begins at 5th Street and extends at a near constant elevation to the Pump House in William . The canal ditch across the project area is approximately twelve feet in depth and mostly dry.

The north bank of the Canal marks the delineation between two zoning districts, with those portions of the properties north of the Canal located in the RO-3 (Residential-Office) zoning district, and those portions of the properties south of the Canal located in the M-1 (Light Industrial) zoning district. The proposed amphitheater is a permitted use in the M-1 district but is subject to parking requirements. The amphitheater is not a permitted use in the RO-3 district. The applicant is aware that relief from the zoning ordinance, in the form of a Special Use Permit, Rezoning or Conditional Rezoning will need to be achieved in order to allow for the proposed use.

The project site slopes dramatically downhill from 114’ in elevation above sea level at 2nd Street to 40’ above sea level at Tredegar Street, and with the exception of the Canal and the parking area adjacent to Tredegar Street, is unimproved. A considerable amount of grading over the years has reshaped both the upper and lower slopes of the project site. The City-owned portion of the site is partially wooded, but otherwise the site is lawn.

A 19th century brick wall originally extended across the amphitheater site on the canal towpath. In 2011, NewMarket Corporation, which formerly owned the Venture Richmond property, opted to demolish the wall on their property. In 2012, an unauthorized demolition removed the remainder of the wall on City-owned property. Details on the replacement of the wall are still being considered. The location of the wall is delineated on the site plan.

The Virginia War Memorial is adjacent to the project area to the north, across 2nd Street. The , a National Historic Landmark that is home to both the American Civil War Center and a portion of the Richmond Battlefield Park, is located to the east, across Brown’s Island Way. The elevated CSX train trestles abut the project area to the south, with the James River beyond and Brown’s Island located to the southeast. The Lee Bridge and footbridge access to Belle Isle are located to the south and southwest, with the corporate headquarters of Dominion Virginia Power beyond the bridge to the west. The Oregon Hill residential neighborhood is located to the west and northwest of the site, across Belvidere Street. c. Project Description This project spanning four parcels would create a single 4.5 acre public space to host the main stage of the Richmond Folk Festival and other events. In its most basic form, this project is essentially a clearing and grading plan. While much of the vegetation along the canal on Venture Richmond property has already been removed, there is existing vegetation on the City-owned property that is proposed to be removed to make way for seating and to allow for the requested grading.

The dry bed and towpath of the James River and Kanawha Canal will continue to bisect the amphitheater. The bed of the canal will remain at the existing level. The

Page 3 of 8 UDC File No. 13-39 Agenda Item No. 14 cutting of the north bank and removal of timber retaining walls will be necessary to reshape the upper level of the amphitheater. A limited amount off fill will be added to create a more gradual slope on the south bank of the canal. The towpath of the canal will be leveled to 83’ in elevation and narrowed to 12’ in width. The lower slope of the amphitheater through a mixture of cutting and filling will create a more gradual slope down to the stage area.

The proposed project contains important pedestrian and bicycle trails. On the upper slope an existing dirt roadway will be maintained across Venture Richmond and City property as a link between 2nd Street and the North Bank Trail, also providing access to the existing pedestrian bridge crossing the canal beneath the Lee Bridge. A new pedestrian bridge is proposed to be constructed on the City property to provide access across the canal. Finally the canal towpath will serve as a bike and pedestrian link between the existing and proposed canal bridges and Brown’s Island Way.

The large parking lot at the bottom of the site will remain in its existing configuration and be used for tent placement during the festival. The project narrative notes that there will be improvements to the parking lot and the drainage ditch adjacent to the lot. An existing gravel area on the Venture Richmond property next to the parking area will be used for portable lavatory placement.

The estimated cost of the project is $500,000, which will be paid for by Venture Richmond. d. Staff Assessment of the Impact on the James River and Kanawha Canal The most significant aspect of the Tredegar Green project is its potential impact on the James River and Kanawha Canal. Of the two impacted parcels that contain canal remnants, approximately 285 linear feet of the canal are on the City of Richmond parcel and approximately 210 linear feet are on the Venture Richmond parcel. The James River and Kanawha Canal is listed on the National Register of Historic Places, including the section through the amphitheater site. The canal towpath impacted by the amphitheater is also included in the Tredegar Iron Works National Historic Landmark District. The nomination for the canal notes that it is significant at the state level and its significant history extended from the chartering of the canal in 1785 to the beginning of its conversion to a railroad facility in 1880.

The canal is unquestionably one of the most significant industrial transportation and engineering resources in the Commonwealth of Virginia. To no small degree the canal shaped the history of Richmond during it’s nearly 100 years as a functioning navigable waterway.

Included in the applicant’s submission is a historical assessment pertaining to the history and integrity of the James River and Kanawha Canal prepared by Dutton + Associates. Staff is also providing its own assessment below, as well as a timeline and historic images, attached to this report. Staff has received and reviewed a considerable number of documents from concerned citizens and has incorporated pertinent information from those documents into the Staff assessment of the canal.

After a careful review of the project plans and the historical record, it is the assessment of Staff that the proposed amphitheater will preserve critical aspects of

Page 4 of 8 UDC File No. 13-39 Agenda Item No. 14 the canal’s historic character and its potential for future navigability. The following points provide the rationale for Staff’s assessment: 1. Between 1785 and 1795, the James River and Kanawha Canal was constructed through the Tredegar Green area. As it extended westward to the Lower Arch (above the Pump House at Byrd Park), the alignment of the original canal followed the general arc through Tredegar Green of the present canal structure. Over its history the canal section, between Great Turning Basin (located between 7th and 12th Streets) and the Lower Arch, was known as the Lower Level of the James River and Kanawha Canal. 2. In 1825, the Commonwealth of Virginia substantially rebuilt the Lower Level creating the canal alignment that remains intact between 5th Street and the Pump House. 3. Between 1837 and 1838, the James River and Kanawha Canal Company completely rebuilt the Lower Level. The reconstructed canal tapered in width from 80’ near the present Pump House at Byrd Park, to 60’ at Harvie’s Pond (just to the east of Tredegar Green). The south bank of the canal consisted of a granite retaining wall, towpath, and steep embankment. A tapered slope formed the north bank of the canal. 4. The section of the 1838 canal west of Harvie’s Pond had a wide right-of- way made necessary by a wide and steep canal embankment. Maps, photographs, and records from this period all point to a uniform 12’ wide towpath extending the length of the Lower Level during the 1838 to 1873 period. 5. The only nineteenth-century documentation of the elevation of the water sheet following the 1838 reconstruction at Richmond of the Lower Level is an elevation of 81’ above sea level, measured in 1848. A two foot separation between the canal water sheet and towpath level was standard in that era. These two facts support 83’ as being the original towpath elevation at Tredegar Green. 6. The earliest documentation to a towpath wider than 12’ through Tredegar Green is the 1876 Beers Atlas. This corresponds to dramatic changes south of the canal between 1867 and 1876: the expansion of the Tredegar Ironworks property westward, the extension of rail lines into the ironworks, and the construction of a brick enclosure around the growing Tredegar complex. 7. Between 1881 and 1884 the Richmond and Alleghany Railroad, the successor to the James River and Kanawha and Canal, undertook a drastic modification of the canal through the Tredegar Green area. The placement of rail lines on the north bank resulted in the narrowing of the canal from 60’ to 50’ and the construction of the tall timber retaining wall. On the south bank, removal of the stone retaining wall lining the canal left steep earthen embankments and the addition of railroad-ballast-raised portions of the towpath to nearly 85’ in places. 8. The top of the southern canal bank remains 83’ in elevation in many places and at points rises to a maximum height of 85’. The proposed grading of the towpath to a 12’ wide surface a uniform 83’ in elevation, in the assessment of Dutton and Associates and City Staff, will remove only deposits made during railroad modifications after the close of navigation on the canal. 9. A 1936 engineering drawing prepared by the Chesapeake and Ohio Railroad, clearly shows that the canal water sheet was slightly less than 82’ in elevation at the westernmost Tredegar water intake (just to the east of

Page 5 of 8 UDC File No. 13-39 Agenda Item No. 14 Tredegar Green) and inclined gradually westward to over 83’ at the Albemarle Paper Intake. Given the modifications made by the railroads it is not unlikely that they raised the water level a foot from the documented 1848 level. 10. In 1990 Whitman, Requardt, and Associates determined that a canal water sheet of “approximately +82’” in elevation would necessary at Tredegar Green to make the canal navigable. This particular water elevation provides the necessary 5’ depth of water necessary to clear the Department of Public Utilities infrastructure in the bed of the canal farther west. 11. Grading for the proposed amphitheater profile south of the canal will remove 19th century fill while maintaining a substantial embankment supporting the towpath and bank of the canal. 12. Based on the Dutton Report and the historical record it does not appear there are any features of significance on the north side of the canal in the Tredegar Green area. Since the north slope is late nineteenth century fill and since stone retaining walls on the south side of the canal have been removed, the gradual slope proposed on both sides of the canal is consistent with the standards for construction in the 1835-1838 era of the canal’s history. 13. The Lower Level of the James River and Kanawha Canal was designed to move the substantial volume of water needed to fill Harvie’s Pond and the Great Turning Basin. These reservoirs in turn supplied water to operate the Tidewater Connection Locks and power multiple large factories. Because these features are no longer extant, the proposed canal bed dimensions should be sufficient for any proposed canal “restoration” in the future. 14. If the James River and Kanawha Canal is ever to be reconstructed from Brown’s Island Way west to the Pump House at Byrd Park it will be a substantial engineering endeavor. Staff is satisfied that modern engineering and hydrology would allow the canal section through Tredegar Green to be readily incorporated into any such rewatering following the proposed modifications by Venture Richmond. e. UDC Review History In January 2012, the UDC and Planning Commission reviewed and approved, respectively, the 2nd Street Connector Road (now know as Brown’s Island Way). These bodies also considered final details related to the road in June 2012. f. Master Plan The 2008 Downtown Master Plan designates the City property as being in the Civic Area, which refers to both buildings and open spaces, with buildings being dedicated to “culture, government, and public gatherings” and open spaces defined as “outdoor areas dedicated for public use” (page 3.28). The other properties in the project area are designated as being in the Future Development Area, which includes properties generally bounded by Belvidere Street on the west, Byrd Street on the north, 7th Street on the east, and Tredegar Street on the south. The Plan notes that “land uses within the Future Development Area may range from office and research to civic/cultural and mixed uses, which may include multi-family residential and retail, recreational, and entertainment uses at street level” (page 3.31). The Plan goes on to state that “new development in the district should have a strong orientation to the James River and Canal Corridor, and should take

Page 6 of 8 UDC File No. 13-39 Agenda Item No. 14 advantage of views and proximity to the canal and riverfront areas with careful building orientation and consideration for the sloping terrain” (page 3.31).

Richmond’s Riverfront Plan, adopted by City Council in November 2012, refers to the subject area as “Tredegar Green”, one of ten “pivotal places”, a designation referring to underutilized sections of the Riverfront that can be reconfigured as destinations (page 13). The Plan contains extensive language pertaining to the area: “Tredegar Green is envisioned as an open public landscape, directly connecting the Virginia War Memorial property at 2nd Street with the Tredegar Iron Works at the James River. The catalytic intervention is the anticipated construction of the 2nd Street Connector...Once complete, the 3-acre landscape between the connector and the Lee Bridge will be available for unrestricted public use, primarily as a passive public landscape. With the removal of the existing fencing, vegetation and brick wall, this former NewMarket parcel will expand the public realm by offering an ideal vantage point to view the river from above, and remain a main performance venue for the annual Richmond Folk Festival” (page 28).

The Plan continues: “The site is bisected by the dry bed of the James River & Kanawha Canal. The future potential for this industrial artifact is significant; a pedestrian walk could be constructed within or along the canal bed, or the canal could be restored. The 2nd Street Connector is expected to incorporate a culvert structure bridging the canal bed. Preceding studies advocated for the restoration of the canal westward to Park. Canal boats could carry passengers along a 1.8 mile run between Maymont Park and Tredegar Green. All public improvements to and investments in Tredegar Green should support the goal of westward (or appropriate) canal restoration, as the canal could once again become a functioning connective conduit, a historic blueway” (page 28).

The Plan then discusses the existing parking area adjacent to the elevated train trestles, noting that “the existing public parking lot will be reconfigured yet remain intact as a key universally-accessible trailhead, allowing pedestrians and cyclists to head off to Belle Isle, Brown’s Island, and beyond. The existing path and bridge connection to Oregon Hill merits greater attention, with the objective of an accessible route connecting Oregon Hill Parkway to Tredegar Street. The recently- completed pedestrian bridge spanning the canal bed is not fully accessible. A universally-accessible route linking Tredegar Street and the Belle Isle Pedestrian Bridge, at the lower end, to the North Bank Trail and Oregon Hill Parkway on the upper end, will greatly improve the public perception that this pivotal connection is both safe and traversable for all (page 28). g. Urban Design Guidelines The Public Park section of the Urban Design Guidelines notes that “public parks are integral to the quality of life found in any urban landscape” and that “parks should respond to the environment in which they are located and should be designed in accordance with their intended use” (page 9). The Guidelines also note that “urban greening through the provision of open space is encouraged in both public and private projects throughout the City” (page 9).

The Guidelines go on to share that “historic elements should be surveyed and preservation should be considered for both facilities and landscapes”. Similarly,

Page 7 of 8 UDC File No. 13-39 Agenda Item No. 14 “impacts to the natural landscape should be assessed and should generally be minimized when constructing man-made elements” (page 9).

Pertaining to access, the Guidelines state that “passive natural parks should have adequate trails and access to accommodate intended users” and that “successful public parks…share certain qualities, which include the ability to attract and entertain visitors, access and connectivity to surrounding areas, and safety and comfort” (page 9).

The Landscaping section of the Guidelines notes that “plant materials should create spaces by providing walls and canopies in outdoor areas” and that “landscaping should provide a sense of scale and seasonal interest”. In addition, “landscape plans should include diverse plant species, including evergreen, flowering and shade tree species combined with shrubs, ground covers and annual and perennial plantings” (page 10).

VII. ATTACHMENTS a. James River and Kanawha Canal Timeline and Images b. Vicinity Map c. Application d. Plans

Page 8 of 8 UDC File No. 13-39 Agenda Item No. 14