January 8, 2025: New argument filed in case to overturn Charlottesville’s zoning code
Plus: Jim Andrews to remain chair of Albemarle Supervisors with Diantha McKeel serving another year as vice chair
The second week of 2025 begins and I am grateful it is not yet time to begin work on a year in a review. With today there are 51 seven-day periods left, each of which will have a unique character and profile. However, it is not the job of Charlottesville Community Engagement to give a name to each week. I’m Sean Tubbs, and I’d love to know what you think about this idea and what you’d call this one.
In today’s installment:
Both chambers of the Virginia General Assembly remain under Democratic control following special elections on Tuesday
The Virginia General Assembly will meet only briefly today and postpone business until Monday due to Richmond’s water crisis
The Albemarle Board of Supervisors opt to keep the same leadership in 2025 as a tough budget season approaches
The City of Charlottesville has awarded a contract to a firm for new software to run city traffic signals
A group of Charlottesville property owners seeking to overturn the city’s zoning code have filed an amended complaint
First-shout: WTJU’s Offbeat Roadhouse features The Dale Ave Band this Friday
Every Friday night at 8 p.m, Offbeat Roadhouse on WTJU invites a different musical group into your home for an hour long concert live from WTJU’s performance space. Each week there will be Blues, Folk, Jazz, and Roots acts from around the globe.
The Dale Ave Band will pull into Offbeat Roadhouse Friday night, January 10, for a concert which will also be broadcast on WTJU. The band brings hot club-style jazz,1930’s pop standards, and stylish original compositions to life.
This is a free event, open to all. You can also listen to Offbeat Roadhouse on the radio (91.1 FM) or on-line, and even video stream it at WTJU’s Facebook page or YouTube channel. But concerts always sound better with you as part of the studio audience. WTJU is located at 2244 Ivy Rd in Charlottesville, right next door to Vivace.
Vist WTJU.net for a quick sample of the music!
Democrats retain control of the Virginia General Assembly
Virginia will continue to demonstrate the system of checks and balances in a democracy now that special elections have been held for three districts in the state legislature.
Democratic candidates won both a House seat and a Senate seat in northern Virginia while a Republican candidate won a central Virginia Senate seat. That means Democrats will continue to hold a narrow majority in each house of the General Assembly.
In the Senate the make-up is 21 Democrats to 19 Republicans. There are 51 Democrats and 49 Republicans.
Cifers wins District 10
As of 9 p.m. on January 7, unofficial results from the Virginia Department of Elections show that Luther H. Cifers III will be the next holder of the District 10 seat in the Virginia Senate. The Republican received 11,769 votes to 8,248 votes for Jack Trammell. That’s a 58.73 percent to 41.16 percent margin but the numbers will change as mail-in ballots are counted.
Senate District 10 covers a lot of the Fifth Congressional District and Cifers won handily in Amelia County (81.29 percent), Appomattox County (75.59 percent), Buckingham County (65.33 percent), Cumberland County (71.06 percent), Louisa County (60.69 percent), Powhatan County (68.86 percent).
The margin for Cifers was closer in Goochland County (52.71 percent) and Hanover County (52.79 percent).
Trammell carried Fluvanna County (56.7 percent) and Prince Edward County (50.65 percent). The vote for Trammell was unanimous in Henrico County, but there were only ten votes as only a small sliver of that locality is within Senate District 10 in the Shady Grove precinct.
In Senate District 32, Democrat Kannan Srinivasan won election with 61.25 percent of the vote and Republican Tumay D. Harding received 38.62 percent.
Srinivasan resigned from the 26th District in the House of Delegates to run for the Senate seat. Democrat J.J. Singh won that special election with 61.49 percent of the vote over Republican Ram Venkatachala.
General Assembly convene briefly and will recess until Monday due to Richmond water crisis
This week’s winter storm knocked out power to the water treatment plant in Richmond and service was not restored until Tuesday afternoon.
“We recognize this outage has touched everyday Richmonders, families, and the business community, said Sabrina Joy-Hogg, Richmond’s Interim Chief Administrative Officer, in an announcement on the city’s website.
Residents are asked to boil water until further notice due to the possibility of untreated water being in the system. That has meant the closure of Capitol Square until at least January 12.
“Due to ongoing water outages in the City of Richmond, the House of Delegates will convene [Wednesday] at 12:00 PM to officially gavel in and commence the 2025 legislative session,” announced Speaker Don Scott in a press release. “Following this initial meeting, the House will recess and reconvene on Monday, January 13th, to continue our work for the people of Virginia.”
The water outage has also canceled party caucuses and press conferences as well as all committee meetings.
When the House of Delegates and Senate met, one action taken was to extend the deadline to pre-file legislation until 10 a.m. Monday. In the House of Delegates that took the form of HJ430. The vote was unanimous.
Minority Leader Todd Gilbert (R-33) made a brief remark before the vote.
“Mr. Speaker, we have plenty we are going to fight about I’m sure this session but I wanted to thank you Mr. Speaker and [Majority Leader Charniele Herring] for being so receptive and communicative about this resolution and what we’re doing here,” Gilbert said.
“It’s not going to last,” Gilbert said after Scott gave an audible “aww” in response.
At one point during the brief session, Senator Scott Surovell (D-34) appeared before the House of Delegates with a message from his chamber.
“Mr. Speaker, I have been directed by the President of the Senate to inform the House of Delegates that the Senate is hydrated, showered, and duly organized and ready to proceed to business,” Surovell said to a smattering of laughter.
To track the 2025 General Assembly yourself, refer to the new Legislative Information System. Charlottesville Community Engagement will attempt to cover what it can.
Andrews will chair Albemarle Supervisors for 2025
At the beginning of their meeting today, the Albemarle Board of Supervisors elected Samuel Miller District Supervisor Jim Andrews to a second term as the chair. The vote was unanimous and there were no other nominations.
Jack Jouett Supervisor Diantha McKeel will remain as vice chair of the body.
“I’m very pleased with the leadership that has occurred over the last year and am glad we’re keeping the team,” said Rio District Supervisor Ned Gallaway.
The vote took place at the annual meeting which was overseen by County Executive Jeffrey Richardson.
“We have a lot happening this year, exciting actions and moves for our community and I think we’re all anxious to get this work done,” said McKeel, mentioning the Comprehensive Plan and work to get the Regional Transit Authority off the ground.
“Thank you again for trusting me again for this year,” Andrews said. “I also agree that this is a challenging year.”
The only major item on the agenda was a work session on the Comprehensive Plan. As I am quite behind on reviewing documents, I will confess the next AC44 story will be on the Board’s work session from November 20, 2024.
The terms of Andrews, Gallaway, and McKeel all expire at the end of the year and all three are eligible for re-election.
Second shout-out: Charlottesville Community Bikes
In today’s second subscriber supported shout-out, Charlottesville Community Bikes strives to provide wheels to anyone who needs a ride. That includes:
There’s a Kid’s Bike program for people under the age of 12 (learn more)
Several social services organizations refer people to Charlottesville Community Bikes for access to reliable transportation (learn more)
Keep an eye on their calendar for the next mobile repair clinic (learn more)
There’s also a workforce development program that “blends mentorship and comprehensive training in bicycle mechanics” (learn more)
Procurement check-in: City awards contract for software to manage traffic lights
Charlottesville will soon have new software that controls traffic signals throughout the city.
“The City of Charlottesville has a total area of 10.4 square miles and currently has 75 signalized intersections,” reads the background for a request for an Advanced Traffic Management System (ATMS) sent out late last year. “Currently not all of the City’s intersections are connected and communicating, however, the City continues to expand the communications system with the goal of eventually being connected to all of the traffic control devices.”
On December 19, Charlottesville awarded a contract to Econolite Systems Inc. for ATMS software “to integrate the management of the City’s intelligent transportation system (ITS) devices through a single interface.”
This was the lead item in the September producement report. A price for the contract is not listed in the city’s procurement portal.
Five bids have been received for a project to relocate Charlottesville’s Human Resources to the fourth floor of the City Hall Annex. The bids ranged from $144,900 from Snow’s General Merchandise Inc. to $230,000 from NOLA Build and Design. A contract has not yet been awarded. (learn more)
Charlottesville is seeking a firm to install a decorative quartz floor system at Washington Park Pool. Bids are due on January 17. (learn more)
Bids are due Friday for a firm to install a shared-use path on Rugby Avenue. According to the procurement portal, this is for “installation of a paved cycling trail connecting Westwood Road with McIntire Park along Rugby Avenue, passing under the Highway 250 bypass bridge.” (learn more)
Bids are also due Friday for a firm to modify and renovate the existing restroom and concession stand at Pen Park. Part of the reason for this is to bring the facility into compliance with the Americans with Disabilities Act. (learn more)
Plaintiffs file amended complaint in case against city’s updated zoning code
Attorneys for a group of Charlottesville land owners seeking to overturn the city’s relatively new zoning code have filed an amended complaint in the still open case. The document adds more details to support the claim that Charlottesville did not sufficiently review the impact additional density would have on the city’s health, safety, and welfare.
The new pleading submitted on December 30 also reflects an order from Charlottesville Circuit Court Judge Claude Worrell in November that threw out two of four counts in the original case. (read the amended complaint)
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.
The amended complaint now contains new information reflecting conditions since implementation of the Development Code last February. For instance, paragraph 26 formerly had a reference to the asking price of 1316 Chesapeake Street. Now it reflects one of the first examples of how the new rules allow additional buildings in what had been single-family residential zones, causing harm to the plaintiffs.
“The single-family property located at 303 Alderman Road was recently purchased for $835,000 and Evergreen Home Builders is proposing to build 6 “Luxury Brownstones” on this property which was rezoned under the [new zoning ordinance] to [Residential-B]. “The tax assessment for this property was $690,200 which indicates the fair market value of the property increased by almost $150,000 or 21.7 percent based solely on the changes sought to be implemented by the [new zoning ordinance].”
The amended complaint also has a slightly amended narrative detailing the history of the Cville Plans Together initiative. A paragraph stating the role of the Planning Commission has been deleted, referencing Worrell’s order dismissing the appointed body from the lawsuit.
In his November ruling, Judge Worrell dismissed an argument that the zoning is unlawful because the Comprehensive Plan on which it is based was also invalid. The amended complaint has removed several references to that document.
For instance, a section that had been titled “The Comprehensive Plan is Void for Failure to Comply with the Statutory Requirements for Transportation Planning” is now titled “City Council Failed to Comply with the Statutory Requirements for Transportation Planning in Connection with the 2021 Comp Plan and the [new zoning ordinance.]
This section now includes a new paragraph 40 that describes how the potential density of the Greenbrier neighborhood could more than quadruple under the new rules.
“There are currently 866 units in that neighborhood with 644 zoned Residential-A, 216 zoned Residential-B, and six zoned Residential-C,” reads the paragraph. “At base density, i.e. without any bonus density for existing structure preservation or for affordable units, a total of 3,276 units will be permitted.”
The paragraph states the maximum buildout with all bonuses would be 4,364 units.
What had been titled “Statutory Requirements Regarding Transportation” is now titled “The City Failed to Submit the 2021 Comp Plan to VDOT for Review” and the paragraphs have been slightly rewritten but largely make the same arguments as the original complaint.
There’s also a new subsection titled “The City Failed to Submit the [New Zoning Ordinance] to VDOT for Review” with new language referencing Virginia Code § 15.2-2222.1(B). The complaint now builds on the Greenbrier example and argues that the number of vehicle trips to be generated by the new zoning would require a traffic impact statement under VDOT regulations.
The rest of the amended complaint summarizes other claims of deficiency with state code.
“City Council failed to reasonably consider the community’s current and future requirements based on appropriate studies regarding transportation, schools, recreational facilities, and public service requirements,” reads paragraph 80.
“As a result, City Council failed to abide by its enabling authority in enacting the [new zoning ordinance] and therefore acted outside the scope of its power, rendering the [new zoning ordinance] ab initio,” reads paragraph 82 citing the Virginia Supreme Court case of Town of Jonesville v. Powell Valley Village Limited Partnership.
The city has acknowledged they received the complaint and have 21 days from receipt to respond.
You can review the original pleading here. Both documents are uploaded to cvillepedia.
Reading material:
Richmond water crisis deepens after storm damage forces delay, Markus Schmidt, Virginia Mercury, January 7, 2025
Fatal crashes in Albemarle County have dropped since 2023, Jacob Phillips, WVIR, January 7, 2025
Navigating the affordable housing landscape in 2025, Sean Tubbs, C-Ville Weekly, January 8, 2025
#790 doesn’t know when the journey back home will begin
I really don’t like the concept of naming winter storms, hence the riff in the opening statement today. But my opinion doesn’t really matter. I can decide if I will use them, though, and I’m not going to do so.
I also recognize my style is sometimes inconsistent. I don’t have a copy editor so I’ve used p.m., pm, and PM at various times. I know I dislike using the percentage sign, so I do not. I retain whatever I remember from AP style, so I spell out one through ten, but then use numerals above that unless a number begins a sentence. Unless I don’t. I also dislike certain acronyms. You can probably tell one of them in one of the stories today.
Writing is like breathing to me, and I’m grateful I get the chance to write to you each day with information I compile from multiple sources. I write what I am interested in and also seek feedback on what people would like to see. I can’t do it all, but as this is my full-time job, I’ll take it in and see what I can do.
There are over 700 paid subscribers, or about a fifth of the total audience. That’s a ratio that’s been with me since the beginning. I work hard because people pay me and I will continue to work hard.
Now that I don’t have a sponsor at the bottom, I’m pitching myself.
Sign up for a paid subscription through Substack. There is not much premium content because my primary aim is to get information out to as many people as possible.
Contribute through Patreon. A major goal this year is to replace this with a way to make a tax-deductible donation, but that’s not set up yet. If I had more time, I’d make more audio programs through Patreon.
Send in a check made out to Town Crier Productions at PO Box 1754, Charlottesville, Virginia, 22902
Ask me about advertising opportunities! Later this month, advertising will begin to appear on Information Charlottesville and I’m hoping it can have the same style as the shout-outs.
Volunteer to design some logos because I’m very bad at graphics!
Tell friends about the work!
More tomorrow.
Today’s musical offering: