University Park Residents Object to Third Cafritz Appeal

The University Park Council decided Monday to pursue a third appeal to the Cafritz development in Riverdale Park, and will challenge the developer's special permit in circuit court. 

The council, which is appealing the detailed site plan of the development before the district council and the preliminary site plan in circuit court, opted to pursue a court appeal of the development’s special permit as well.

This decision—which was unanimous among the six present council members—came at the advice of town attorney Sue Ellen Ferguson.

According to Ferguson, the special permit and the DSP have several similarities that made her feel the addition appeal would be a wise course of action.

“Because the special permit has a number of things in it that are the same as the DSP, I’m concerned that someone could say, in opposition to us, that the opportunity for changing that has been lost because the special permit has not also been appealed,” Ferguson told the council.

“I’m not absolutely certain that it’s necessary, but I’m afraid to let it go,” she said.

Some town members that were present at the meeting questioned the council's decision to pursue multiple appeals.

“Even if they were not complying with some of the covenants, I would hope, from a cost benefit perspective, is this something we have to appeal? Do we have to spend so much money to get what we want from them?” questioned University Park Resident Linda Verrill.

Verrill added that she was uncomfortable with the idea of the town spending nearly $100,000 on the appeals.

University Park Resident Chris Garriott also raised concerns over potential cost to the town, calling the appeals “a money pit,” adding that he felt strongly that the town should not pursue the fight.

"I feel like something is going to go over there at some point and obviously we have to be involved at some point, but we are not Riverdale Park,” Garriott said. “The longer we draw it out, we might lose Whole Foods. We might get something that’s not an anchor.”

In response to citizen comments, Council Member Len Carey (Ward 4) replied that it the Cafritz developers had met most of the covenants, but not to the town’s satisfaction.

“I’m not trying to stop it, I’m trying to, along with the rest of [the town council], make it a worthy development,” Council Member Michael Cron (Ward 6) added.

One resident, who did not want to be named, did speak out in support of the appeals, saying, "You can't put a price on quality of life."