January 27, 2025: Plaintiffs in case against Charlottesville’s new zoning file motion seeking Judge Worrell's recusal
Plus: Louisa County is the third-fastest growing locality in Virginia
The official list of commemorations and holidays in Virginia states that this is Community College Week and according to Virginia Code, “the State Board may approve such activities in observance of this week as it deems appropriate.” It does not appear that occurred for 2025, but Charlottesville Community Engagement is willing to be corrected.
I’m Sean Tubbs, and I’m certain there are at least some readers who would suggest I take a basic course on journalism. Perhaps I will, but one does not appear to be currently offered at Piedmont Virginia Community College so we’ll all just have to grit along.
In today’s installment:
Louisa County is the third-fastest growing community in Virginia according to new estimates from the Weldon Cooper Center for Public Service
Plaintiffs who want Charlottesville’s new zoning code to be overturned have asked Circuit Court Judge Claude Worrell to recuse himself from the case
A Charlottesville man has died following a two-vehicle collision on East Rio Road Sunday morning
A look at bills that have not made it out of the General Assembly including one that would have made it mandatory for localities to allow multifamily units in commercial areas
First shout out: Camp Albemarle
Today’s first subscriber-supported public service announcement goes out to Camp Albemarle, which has for over sixty years been a “wholesome rural, rustic and restful site for youth activities, church groups, civic events and occasional private programs.”
Located on 14 acres on the banks of the Moorman’s River near Free Union, Camp Albemarle continues as a legacy of being a Civilian Conservation Corps project that sought to promote the importance of rural activities. Are you looking to escape and reconnect with nature? Consider holding an event where the natural beauty of the grounds will provide a venue to suit your needs. Visit their website to view the gallery and learn more!
Weldon-Cooper: TJPDC region has grown 3.2 percent since 2020
We are two-fifths of the way through the way between federal counts of the United States population and demographers at the University of Virginia have released their estimates for the Commonwealth’s population as of July 1, 2024.
The six localities that make up the Thomas Jefferson Planning District Commission have gained 8,575 new residents or a 3.2 percent increase. The estimate for the TJPDC is 275,848.
“The estimates show the region growing at close to twice the rate as Virginia has since 2020, though slower than the Harrisonburg and Richmond metro areas,” said Hamilton Lombard with the Weldon Cooper Center of Public Service at UVA. “Within the region Charlottesville has had a small amount of growth, largely from the new dorms built in the city, while Albemarle is growing at a similar rate as during the 2010s.”
Louisa County leads the way with an estimate of 41,428, a 10.2 percent increase since 2020. That’s a total of 3,832 new residents. Louisa is the third-fastest growing locality in Virginia.
Greene County is the second fastest growing locality in the TJPDC region with a 5.7 percent increase in population to 21,717. That’s 1,165 new residents.
Percentages are a relative form of measurement. For instance, Albemarle’s growth rate since 2020 is 4.8 percent for a total population estimate of 117,790 as of July 1, 2024. That’s an increase of 5,395 people.
Fluvanna has grown at a 4.2 percent rate for a total of 28,382 people, an increase of 1,133 over four years.
Lombard said increases are due to migration from Northern Virginia as well as the northeast corridor.
Nelson County also grew but at a very small rate of 0.1 percent, or 13 people. The estimate for July 1, 2024 is 14,788.
“Nelson County had the highest rate of remote work in Virginia before the pandemic,” Lombard said. “The county still has Virginia's highest rate of remote work outside Northern Virginia, likely in part due to more remote workers moving to it.”
The figures for Charlottesville as well as other college towns are a little different.
“Across the country, localities with relatively large college populations, including some Virginia localities, were often undercounted in the April 1st, 2020 Census Count,” reads a note in the spreadsheet with all of the data. “In order to correct this undercount, we have benchmarked the 2020 population estimates on the Weldon Cooper Center estimates instead.”
With that caveat, Charlottesville has increased 1.4 percent for a total of 51,743 residents, up from 51,050.
Virginia’s population has increased 1.9 percent since the 2020 Census for a total population of 8,811,195. That is 166,468 more people.
To the south, Buckingham County experienced negative growth with a decrease of 88 people or -0.5 percent. The estimate for July 1, 2024 is 16,736,
To the west, Augusta County added 414 people, or 0.5 percent, for a total of 77,901. The City of Waynesboro increased by 3.3 percent to a total of 22,938. That’s a 3.3 percent increase. Staunton’s growth was also much lower at 0.9 percent for a total of 25,971.
The fastest growing county is New Kent County which grew from 22,945 people in 2020 to 26,308 in 2024. That’s a 16.8 percent increase. Next is Goochland County with a growth rate of 11.2 percent.
You can view the raw data here.
Charlottesville responds to new anti-zoning complaint; Plaintiffs call for Judge Worrell to recuse himself
It has now been a year since the City of Charlottesville and City Council were sued in a bid to reverse the city’s Development Code. That’s the name of the new zoning code Council adopted in December 2023 that allows for more residential development within city limits. There’s been new action this month including a motion from the plaintiffs for Circuit Court Judge Claude Worrell to recuse himself from the case.
Let’s start at the beginning.
The group of Charlottesville property allege they have been harmed because the city did not adequately study the effects that additional population would have on city infrastructure. The city responded that the plaintiffs wanted to deny housing to others and argued that all rules were followed.
An hour and a half long hearing was held last June in Charlottesville Circuit Court.
In November, Judge Claude Worrell ruled the plaintiffs in White v. Charlottesville have the right to bring the case that two of four counts could proceed. Attorney Mike Derdeyn filed an amended complaint in late December.
The second paragraph of the pleading’s introduction now concludes with an additional sentence that claims the city argued they did not have to conduct a traffic impact analysis based on a new code that would allow thousands of units by-right.
“The City’s position in this regard flies in the face of its explicit statutory obligations to submit its proposed rezoning, along with a traffic impact statement, to the Virginia Department of Transportation as required by Virginia Code § 15.2-2222.1(B) and VDOT’s Traffic Impact Analysis regulations,” reads the new sentence.
Now attorneys with the firm Gentry Locke have filed a response that argues plaintiffs have introduced new evidence too late in the process.
“Prior to their Amended Complaint, Plaintiffs did not challenge the [new zoning ordinance] on this basis,” reads the January 21, 2025 filing on behalf of the city. “Any such action must be brought within thirty days of the adoption of the challenged zoning ordinance. Plaintiff’s VDOT Claim was brought more than one year after the adoption of the [new zoning ordinance]. Accordingly, Plaintiff’s VDOT Claim is untimely and Count I should be dismissed.”
This “plea in bar” does not address the underlying legal challenge. (read the Plea in Bar and Motion Crying Oyer)
The next day on January 22, 2025, Derdeyn filed a motion seeking Worrell to voluntarily recuse himself from the case. (read the motion for recusal)
“Judge Worrell should recuse himself from these proceedings pursuant to Canon 1(D)(1) of the Virginia Canon of Judicial Ethics, which provides that ‘[a] judge must recuse himself or herself in a proceeding in which the judge’s impartiality might reasonably be questioned,’” reads the motion.
Judge Worrell is a homeowner in Charlottesville and the motion for recusal points out that four Arlington Circuit Court judges recused themselves from a case against that county’s Enhanced Housing Option program. Retired Fairfax Circuit Court Judge David Schell was brought on to hear the case and ruled in favor of plaintiffs who sought dismissal.
Judge strikes down Arlington’s Expanded Housing Option ordinance, October 1, 2024
Written opinion issued in legal ruling that halted Arlington’s missing middle zoning, October 31, 2024
The motion to recuse also refers to conflicting rulings made by Worrell such as an
ruling in August 2022 against a similar suit seeing voidance of the Comprehensive Plan upon which the Development Code is based. The plaintiff’s final reason seeking recusal relates to Judge Worrell’s spouse.
“Judge Worrell’s wife sits on the City of Charlottesville’s Human Rights Commission pursuant to an appointment by the City Council and has been a public supporter of the new zoning ordinance that is being challenged in this case,” the motion reads.
Attorneys with Gentry Locke responded to the motion the next day and called the motion a case of “judge-shopping.” (read the city’s response)
“On January 14, 2025, Judge Worrell upheld the City Council’s decision to grant a special use permit, applying the ‘fairly debatable’ standard that is also at issue in this case,” reads the city’s response. “Plaintiffs are merely attempting 1o mitigate their risk of facing the same fate.”
The city’s response argue that the plaintiffs have established no legal reason why Judge Worrell should recuse himself.
“Plaintiffs have presented no authority that merely residing in the locality in which the challenged ordinance is in effect is grounds for recusal,” reads a section of paragraph 6.
“A judge’s spouse’s appointment to an unrelated commission or her support of a zoning amendment does not warrant recusal,” reads another section of paragraph 6. “Plaintiffs do not.assert (nor could they correctly assert) that Judge Worrell’s wife is a party to or is likely to be a witness in this matter or that Judge Worrell could be influenced by her position or opinion.”
A hearing on the recusal is scheduled for February 6 according to Derdeyn. A hearing on the plea in bar is scheduled for March 26.
Fatal crash near on East Rio Road kills one
The Albemarle County Police Department’s Crash Reconstruction Team is investigating the first fatality on a public roadway within the locality.
Public safety officers were dispatched at around 10:30 a.m. morning on January 26 on a call for a two-vehicle crash on East Rio Road near Albemarle Square.
“On the scene of the crash, officers found a four-door sedan and a motorcycle collided within the intersection of Rio Road East and Mall Drive,” reads an information release sent out Monday afternoon. “The sole rider of the motorcycle… was ejected from the motorcycle and succumbed to injuries sustained from the crash.”
The ACPD has identified the deceased as 31-year-old Hunter M. Thomasson.
The driver of the sedan was treated for minor injuries.
This is the second overall fatality in Albemarle County this year. The first occurred when 93-year-old Noreen C. Wilbourn was killed on January 12 in the parking lot of a shopping center in Scottsville, as reported by CBS19.
Second-shout out: Design Develop
In today’s Patreon-fueled shout-out, architectural firm Design Develop is offering a new service aimed at the development community that the rest of us might want to know about , too — 3D point cloud scanning! This technique uses specialized equipment, such as 3D scanner systems, to gather a large amount of data points that represent the surface of the scanned object or scene. This really comes in handy when working with historic structures, as the firm knows from its experience in Baltimore and Charlottesville. Read their blog post for more information!
The applications of 3D point cloud scanning are extensive and cover various fields, including architecture, construction, cultural heritage preservation, virtual reality, industrial design, manufacturing, and more. These applications require accurate 3D spatial information, and Design Develop’s workflow provides precise and comprehensive results, all while being more cost-effective than traditional methods.
Design Develop has expertise in this workflow for their own needs and now has a dedicated team offering this service in the Charlottesville and Albemarle Area. If you're involved in the real estate, design, or construction industry, contact them for more information or a free quote.
Visit their website for an introductory video that captures the 3D point cloud scanning of the Downtown Transit Center and a booklet that will explain more!
Legislative snapshot: Bill that would require residential development in commercial zoning fails in committee
The work of the Virginia General Assembly is now well underway as January moves closer to February. As of 7 a.m. this morning, there are a total of 2,058 bills pending in both the House of Delegates and the Virginia Senate. So far, 506 bills have failed, though about four-fifths of that number are pieces of legislation that were “carried over” to the current session.
Others introduced this year have met their demise. For instance, Delegate Bobby Orrock (R-66) filed a bill that would have called for a referendum for an $81 million in bonds for state parks and recreational facilities. HB2181 did not make it out of the House Appropriations Committee on a unanimous vote.
Another bill from Senator Schuyler VanValkenburg (D-16) would have required localities to allow multifamily apartment buildings in commercial districts. A fiscal impact statement was put together and that involved seeking input from communities around Virginia.
“Some counties pointed out that multifamily developments are more costly for localities than other potential land uses because they will sometimes have to upgrade infrastructure, school capacity, and service provision,” reads the impact statement for SB839. “Localities also expressed concern that the by right development of multifamily buildings in commercial districts may result in the erosion of commercial tax bases.”
The bill “failed to report” from the Senate Committee on Local Government with five supporters, seven opponents, and three Senators who abstained from the vote. A similar bill from VanValkenburg would have required localities to increase their housing stock by 7.5 percent by 2031. SB975 also failed to report.
A bill filed by Senator Bill Stanley (R-7) would have directed the Safety and Health Codes Board to develop an impairment standard for THC and implement a testing protocol. SB912 was “passed by indefinitely” in the Senate Commerce and Labor Committee.
Senator Mark Peake (R-8) has filed a bill that would have reduced the absentee voting period to 15 days down from the current 45. SB1072 was passed by indefinitely by the Senate Privileges and Elections Committee on a narrow 8 to 7 vote. SB1073 met the same fate with the same vote. That legislation would have required registrars to check each application with the Social Security Administration.
Another bill from Peake would have required all extramural sports teams to designate teams by biological sex and prohibit transitioning males from participating. SB1079 was passed by on a 9 to 6 vote.
Other bills were killed unanimously such as SB1161 from Senator Saddam Azlan Salim (D-37) which would have established the Artificial Intelligence Transparency Act. The Senate General Laws passed that by on a 15 to 0 vote.
As of 2:40 p.m. on January 27, 2025, there are 2,034 bills pending. The General Assembly moves pretty fast. To quote Ferris Bueller: “If you don't stop and look around once in a while, you could miss it."
Reading material for #800
City manager, Salvation Army break down shelter proposal, Sarah Allen, CBS19, January 14, 2025’
Transportation Funding Restored After Inadvertent Suspension, American Association of State Highway and Transportation Officials, January 24, 2025
Albemarle County elderly and disabled tax relief program expanding, Maggie Glass, 29News WVIR, January 24, 2025
The newsletter has made it to #800
This is the 800th edition of Charlottesville Community Engagement. I want to begin this end-note by saying my journalistic training required me to reach out to the Virginia Community College System to see if they have in fact done anything to celebrate community college week this week. I’ll report back.
My view of humanity is that people should strive to learn as much as they can throughout their entire life and community colleges are set up for lifelong learning. I personally disliked school and being told what to think and what was correct. I chose journalism so I could learn at my own pace, and as I approach my elder years I plan to continue to educate myself.
Today I posed a question on BlueSky where my account now has 273 followers.
“Is there a way to easily calculate the length of the perimeter of the boundary between Albemarle and Charlottesville? This would be a helpful thing to know to describe the potential for interconnectivity.”
I’ve received answers. The secret to my view of journalism is that every day I wake up convinced I know absolutely nothing. I look at facts over and over again to make sure I have them right. I have a practice of issuing corrections when I’m notified of errors. My entire life is lived in fear of getting something wrong.
I’m mortified a lot, but I grit through.
I’ve been writing about this community up close for nearly 20 years and that means at times I point out connections and make observations. If you disagree with these observations, I welcome your observations in writing. I’m not trying to persuade opinion, but I’m going to make use of my experience to provide context to people. My sincere hope is that our community, our country, and our world can once again to strive toward cooperation, collaboration, and making a better world for the generations yet to come.
Anyway, that’s #800.