July 2, 2024: No ruling yet after court hearing for lawsuit seeking voidance of Charlottesville's new zoning code
Plus: Charlottesville Police Chief Michael Kochis reports a reduction in violent crime so far this year
For those counting, July 2 is the 184th day of the year. Most people are not counting, especially in a week in which I suspect many people are taking a vacation. I’m not really counting either, but I am about to put together another installment of Charlottesville Community Engagement. This may be the 699th edition, but that could also be just what the spreadsheet says. I’m Sean Tubbs, and the newsletter follows in 3, 2, and 1.
In today’s installment:
Charlottesville Police Chief Michael Kochis presents data to Council showing gun crimes are down so far this year compared to last
Albemarle County Attorney Steven Rosenberg is retiring after two years on the job
Charlottesville Circuit Court Judge Claude Worrell is considering whether to allow a lawsuit against the city’s new zoning ordinance to go to trial but an answer may take a couple of months
Another look at property sellers who have recently lowered their prices to entice a sale
First shout-out: Plant Virginia Natives
We’re in the third week of astronomical summer, and I’ve spent a lot of time fighting the invasive species that love to take over my yard. But as I think ahead to the fall, the winter, and the spring, I’m thinking about one resource that may help me develop a landscape more suitable to this area. I’m talking about Plant Virginia Natives!
Plant Virginia Natives is part of a partnership with ten regional campaigns for ten different ecosystems across Virginia, from the Northern Piedmont to the Eastern Shore. Take a look at the full map below for the campaign for native species where you are in the Commonwealth. For the Charlottesville area, download a free copy of the handbook: Piedmont Native Plants: A Guide for Landscapes and Gardens.
This shout-out has been with the newsletter since the beginning thanks to one Patreon supporter! Thanks to that person!
Two “shots fired” incidents after Chief Kochis presents data showing crime rate is down
Charlottesville Police Chief Michael Kochis appeared before City Council last night to report that the number of crimes reported is down this year, despite public perceptions.
“Currently, year to date compared to 2023, part one crime is down,” Kochis said as part of a report that had not been listed on the meeting’s agenda.
Part one crimes as defined by the Federal Bureau of Investigations include murder, rape, arson, larceny, assault, and robbery. However, that doesn’t paint a complete picture.
“Now the FBI doesn’t necessarily consider shots fired calls or gun violence incidents as a reporting standard but we feel that it tells a story so we track that data,” Kochis said.
Chief Kochis said shots-fired incidents are down 28 percent over 2023 and gun violence incidents are down 50 percent. There’s also only been one murder in 2024 so far compared to five this time last year.
City Manager Sam Sanders had invited Kochis to address the Council on public safety issues.
“We recognize the frustration,” Sanders said. “We all are working to address this and I implore every citizen in this community, if you witness a crime, please call.”
Kochis said one reason the numbers are down is because there have been extra patrols in areas such as Prospect Avenue and Hardy Avenue.
“When I say extra patrols, that’s showing up, getting out on foot, talking to folks, meeting people, getting to know who lives in the community,” Kochis said.
Three people took the opportunity at the public comment period to complain about drug sales happening on Charlton Avenue in the open. Kochis said the department is aware of the issue.
“Charlton is one of our hotspots right now that we’re focusing on and we’re trying to come with some solution,” Kochis said. “There’s a balance between those who are low-level drug dealers and maybe dealing to support their own habit. Services, I will tell you, that the closest in-patient clinic is like 60 miles away.”
There have also been additional patrols on Hardy Drive and Kochis pointed to lower numbers as a result. He said the police department now has a good working relationship with the Charlottesville Redevelopment and Housing Authority. Chief Kochis added people seem to be more willing to call the police to report violent incidents.
After Kochis spoke, there were two additional incidents reported by the Charlottesville Police Department on Facebook.
Police received one call at the intersection of Booker Street and Charlton Avenue in the Rose Hill neighborhood around 10:30 p.m. Three hours later there was another call in the 1000 block of South First Street. Both incidents remain under investigation.
Rosenberg to retire as Albemarle County Attorney
Albemarle County will soon be hiring a new person to provide legal advice to staff and the Board of Supervisors.
County Attorney Steven Rosenberg will retire from the position at the beginning of September after 25 months on the job. Before that he served in a variety of positions including a two and a half year stint as Staunton’s city manager.
“It has been my good fortune to complete my career with an organization as strong as Albemarle County, working alongside the Board of Supervisors and staff so dedicated to service to the residents of the County,” Rosenberg is quoted in a press release.
Rosenberg became Staunton’s Deputy City Manager in May 2013 and was promoted to the top job in July 2019. He left the position in January 2022, according to his LinkedIn profile. Prior to that, he was associate general counsel of the University of Virginia for five and a half years. He was also Augusta County attorney from May 2003 to December 2007.
The press release also quotes Supervisor Jim Andrews who said one example of Rosenberg’s service was providing legal oversight of the county’s decision to acquire 462 acres of land for both economic development purposes and to prevent encroachment at the Rivanna Station military base.
“His expertise and insightful leadership on that project laid the groundwork for the County’s Intelligence & National Security Innovation Acceleration Campus (INSIAC) which will provide a space for public sector organizations, private businesses, and academic institutions to address critical challenges,” Andrews said.
So far there is no posting for the position on the Albemarle County jobs page. The Board of Supervisors will not meet again until July 17.
(Note: This story was corrected shortly after publication to reflect the full length of Rosenberg’s tenure as Staunton’s city manager)
Second shout-out: Charlottesville Jazz Society
In today’s second subscriber supported public service announcement, the Charlottesville Jazz Society wants you to know about their first concert of the summer.
Saxophonist and flutist Lynn Riley and her band The World Mix will perform at The Front Porch in downtown Charlottesville from 4 to 7 pm July 21st. A gifted instrumentalist and composer, Riley has impressed critics and audiences alike with her funky and accessible sound that is firmly rooted in the mainstream jazz tradition, while suffused with influences from a host of world music and the blues.
For ticket information and to learn more, visit the Charlottesville Jazz Society at cvillejazz.org.
Charlottesville Circuit Court Judge Worrell to take time to decide on court trial for zoning lawsuit
Attorneys on both sides of a lawsuit seeking to overturn the city’s new development code have until August 23 to send a written closing statement to Charlottesville Circuit Court Judge Claude Worrell to assist him in making a ruling about whether a court trial should be held.
That comes after a 90 minute hearing on June 27 on a motion from the City of Charlottesville to dismiss a suit brought by a group of eleven individuals who own property within city limits. Among their claims is an argument that the city did not fully follow Virginia law by conducting a thorough analysis of how additional density would affect city streets.
Previous stories on the case:
Circuit Court Judge reduces Charlottesville Comprehensive Plan lawsuit to one count, throws out three others, August 29, 2022
Lawsuit filed seeking voidance of Charlottesville’s new zoning code, January 17, 2024
Charlottesville served with lawsuit seeking voidance of the new zoning code, March 1, 2024
Charlottesville has responded to lawsuit seeking overturning of new zoning code, March 27, 2024
Charlottesville seeks dismissal of the case
The new Development Code adopted by the City Council on December 18, 2024 grants new development rights to almost all properties within city limits. On January 16, a group of neighbors opposed to the new rules filed a lawsuit seeking for the zoning to be declared void based on four counts.
The city responded that the opponents sought to use the courts to achieve what they could not do through the legislative process and filed a motion called a demurrer which argues the plaintiffs do not have any legal right to bring the case forward.
The hearing had been expected to start at 1 p.m. but was delayed an hour as sentencing in a criminal trial wrapped up. Judge Worrell presides over both civil and criminal cases.
Greg Haley with the law firm Gentry Locke represented the city. City Attorney Jacob Stroman has been on administrative leave for undisclosed purposes. (corrected 7/8/2024)
“The new zoning ordinance (NZO) identified a significant problem which was a lack of affordable housing,” Haley said at the beginning of his remarks.
Haley said the new zoning was adopted as part of the Cville Plans Together process which includes Council’s adoption of an affordable housing plan in March 2021 as well a new Comprehensive Plan in November 21. He said the zoning code puts into practice values Council sought to adopt.
“It allows multifamily units in all zoning districts,” Haley said.
Haley noted that Charlottesville is not alone in legal challenges to upzoning cases, pointing to similar lawsuits in Alexandria, Arlington County, and Roanoke. Speaking for Charlottesville, he said the adoption of the zoning code was the result of a long process.
One of the specific allegations in the plaintiff’s case is that the city did not provide a required analysis of the potential impact of additional residential density on the city’s transportation network. The initial pleading argues that the maximum density could allow up to 62,000 additional dwelling units and an additional 150,000 residents.
Haley said that doesn’t rise to a legally substantive argument, and countered the city did not expect all of those people to show up overnight.
“It is a disagreement between the plaintiffs and the city about the outcome of the zoning,” Haley said.
Haley said Council considered a range of factors and housing was the one they prioritized the most. He said this is demonstrated by the adoption of the affordable housing plan and a Comprehensive Plan that signaled higher density would come in the new zoning ordinance.
“Where are working class families supposed to live?”
Haley went through a list of studies conducted while the zoning was in development that showed the rate of change would be much slower than the plaintiffs argue. One of these was a study that sought to show the effect inclusionary zoning would have on the conversion of single-family lots into ones that took advantage of additional development rights. Haley said the inclusionary zoning analysis estimated that 1,300 new units would be built over three years.
Haley said the number generated by the plaintiffs is a theoretical maximum and disputed the notion that the issue wasn’t studied by the people who made the decision.
“You have conclusions from staff that the infrastructure is sufficient,” Haley said.
The Planning Commission deliberated for months before recommending adoption on a 6-0 vote in October 2023. Council then began their own deliberations including a public hearing on December 5 of that year.
“This legislative record establishes that reasonable people could disagree on the adoption of the zoning,” Haley said, arguing that meant the action was not “arbitrary and capricious” as claimed by the plaintiffs.
Haley said a trial would not be warranted because the legislative body offered multiple forums for disagreements to be aired. He said there was no place for the court to substitute its judgment for that of City Council citing a 2002 case in which the Virginia Supreme Court overturned a trial that overturned a decision by the Rockingham County Board of Supervisors.
Plaintiff’s attorney argues for a trial
Michael Derdeyn, attorney for the plaintiffs, said the case was simple and that the city did not comply with Virginia Code which is ultimately the responsibility of the state legislature.
“They city failed to do what the General Assembly told them to do,” Derdeyn said. “The process was flawed.”
Derdeyn specifically referred to §15.2-2284 which describes what localities must consider when coming up with new zoning districts. This code section lists a variety of areas of study including “the transportation requirements” of the community.
“If they tell you how to do something, you have to do it,” Derdeyn said.
On a more specific level, § 15.2-2222.1 details how localities must coordinate with the state on transportation planning.
“Prior to adoption of any comprehensive plan pursuant to § 15.2-2223, any part of a comprehensive plan pursuant to § 15.2-2228, or any amendment to any comprehensive plan as described in § 15.2-2229, the locality shall submit such plan or amendment to the Department of Transportation for review and comment if the plan or amendment will substantially affect transportation on state-controlled highways as defined by regulations promulgated by the Department,” reads section (A)1.
Derdeyn said the city only sent the transportation chapter and not the complete plan.
“Why they would not send the comp plan to VDOT is baffling,” Derdeyn said.
Derdeyn said a court trial would allow the evidence to be submitted to prove that the city and VDOT did not do what state code said they had to do. This would include correspondence from former City Attorney Lisa Robertson who resigned at the end of December 2022.
“The facts are that if the city had sent the whole comp plan then you would see that in the record,” Derdeyn said.
Derdeyn also took up the city’s claim that the rate of change would be incremental. He said that didn’t matter because the state code required a full analysis of the potential build-out for long-term planning purposes.
“They are supposed to do the study on the front end,” Derdeyn said.
Judge Worrell disagreed with that interpretation and said plaintiffs had no evidence that 62,000 new residents would appear overnight. He suggested they would have to demonstrate more clearly the immediate impact the zoning might have on transportation.
Derdeyn again said those were details that would come in a full trial. He said the city’s rate of change analysis only looked at residential neighborhoods and did not study the potential impact on existing mixed-use corridors where residential density would be unlimited with no maximum cap.
“They didn’t analyze the other parcels,” Derdeyn said. “They looked at part of the puzzle. They didn’t even look at the whole city.”
Judge Worrell said the city had discretion to make assumptions and said they didn’t have to be founded in pure fact. He said many decisions are based on statistical extrapolation and sometimes there is risk and mistakes are made.
“Dewey did not defeat Truman,” Judge Worrell quipped.
This is the second time Worrell has presided over a hearing involving these same issues. In August 2022, he dismissed three of four counts in a previous suit to overturn the Comprehensive Plan. In one of them, he said the plaintiffs did not have standing because they could not demonstrate any harm had been done to them with that plan’s adoption.
Derdeyn said that harm is now demonstrated in the suit that he argued should go to trial.
“Your honor said we had to wait until the zoning,” Derdeyn said. “The ordinance passed and now we are here.”
After a 90 minute hearing, Worrell made no decision and invited both attorneys to submit closing arguments and he would follow-up with a written opinion.
“Suffice it to say, it’s an interesting argument,” Judge Worrell said.
Stay tuned to Charlottesville Community Engagement for more stories on this case and land use issues in the region.
Legal cases referred to in the hearing:
Board of Supervisors of Rockingham County v. Stickley (2002)
Town of Jonesville v. Powell Valley Village Limited Partnership (1997)
Another set of price drops in the market
You may have seen that I posted a list of Charlottesville property transactions from May over the weekend. In addition to going through each sale in order to better understand the real estate market, I’ve also begun listing the “price drops” that are sent to me by Realtor.com. In the three and a half years I’ve been taking a close look, these were not frequent until this year.
On June 12, the asking price of a four bedroom house at 1340 Mosby’s Reach in the Dunlora neighborhood was further reduced $25,000 to $799,000. That was lowered further to $749,000 on June 25. The 2024 assessment is $594,900. (view the listing)
On June 14, the asking price of a four bedroom at 2230 Mechum Place in Albemarle’s Waverly neighborhood was reduced $30,500 to $924,500. The property was assessed in 2024 at $917,500. A transaction is pending. (see the listing)
On June 20, the asking price for a three bedroom townhouse at 2285 Whittington Drive in the Pavilions was lowered $5,000 to $475,000. The 2024 assessment is $424,000. (peer at the listing)
On June 21, the asking price for a two bedroom house with 960 square feet at 923 Nassau Street dropped $7,000 to $315,000. The house was built in 2016 and sold that November for $160,140. The 2024 assessment is $301,400. (observe the listing)
Also on June 21, the asking price for a four bedroom house on Martin Kings Road was reduced $15,000 to $514,000. This is in Albemarle County’s Saddlewood Farms subdivision close to the Fluvanna County border. The assessment for 2024 is $451,600. (look at the listing)
Also on June 21, the asking price for a four bedroom house at 120 Lankford Avenue in Charlottesville was lowered by $5,000 to $419,900. The 2024 assessment is $307,600 for the house and the 0.43 acre lot. The property last sold in September 2019 for $235,000. (peruse the listing)
On June 22, the list price for a three bedroom house at 1514 Amherst Street was dropped $5,000 to $514,797. This would later go down another $15,000 to $499,979. The 2024 assessment is $434,600. (scan the listing)
On June 23, the asking price for a four bedroom house at 4447 Sunset Drive in the Briarwood subdivision in Albemarle County was reduced $10,000 to $595,000. The 2024 assessment is $536,600. (consider the listing)
On June 24, the list price for a three bedroom house at 1476 Wickham Pond Drive was lowered $9,900 to $529,000. The 2024 assessment is $515,100. (survey the listing)
Last time I did one of these, 210 Georgetown had been lowered to $579,000. On June 24, the listing dropped another $39,000 to $540,000. The assessment for 2024 remains at $356,900. (regard the listing)
On June 25, the asking price for a three bedroom house at 424 Carrsbrook Drive was dropped $10,000 to $540,000. Two days later, that number was again lowered to $519,000. The 2024 assessment is $454,200. (watch the listing)
Also on June 25, the list price for a four bedroom house at 527 Jester Lane in the Camelot neighborhood was lowered $5,050 to $419,950. The 2024 assessment is $288,800. (gaze at the listing)
On June 25 as well, a three bedroom house at 5523 Rockfish Gap Turnpike in Crozet had its asking price reduced $25,000 to $624,900. The 2024 assessment is $422,800. (look at the listing)
On June 26, a three bedroom house at 1002 Park Street had its asking price lowered $20,000 to $550,000. The property is assessed at $515,300 in 2024. (be shown over the listing)
Also on June 26, a three bedroom house at 1401 Melbourne Road had its asking price dropped to $549,000. The 2024 assessment is $502,700. (go to the listing)
On June 28, the asking price for a five bedroom house at 2480 Spring Brook Drive in the Samuel Miller was dropped $51,000 to $1.19 million. The 2024 assessment is $944,400. (eye the listing)
On June 30, the asking price for a three bedroom townhouse at 928 Prescelly Place in the Stonehenge community was reduced $5,000 to $300,000. The 2024 assessment is $282,300. (listing is here)
I consulted a thesaurus this time. What trends do you see?
Reading material for July 2, 2024:
Charlottesville Gas Study Not Pointing To Elimination. Yet., Steve Haner, Bacon’s Rebellion, June 27, 2024
Shifting tides? Potential changes for Short Term Rentals, building on mountain ridges, Yvette Stafford, Nelsonian, July 1, 2024
Youngkin circumvents legislature to upend Virginia climate policy, Adam Aton, E&E News, July 1, 2024
Va. Senate again fails to pass bill on tuition benefit for military families, Graham Moowmaw, Virginia Mercury, July 2, 2024
We are now past #699
A quick note about the above section, reading material. I’ve not been posting links to the Charlottesville Daily Progress because my subscription lapsed to the three-day a week periodical. I’ve also let my subscription to two other Lee Enterprises newspapers go and I’m having the same access issues to all of them. What will I do? I don’t know. I want one subscription to all of their Virginia papers but that is not an option.
I do know that I’d like to be producing a newsletter every day and I want to add more functions as I keep going through the days. I’m grateful that I’m able to do this every day, continuing to grow my capacity while bringing information others may not want to do, or is not interested in reporting.
What I do is just one source, though, and I do try to list as many other stories in the above section though some of the sources have different editorial approaches. I want people reading a wide variety of material, including my own. I believe this way lies a better future.
The immediate future for me involves getting #700 ready for tomorrow. There’s a lot to write about, and I hope to get to as much of it as possible.
So far, there’s one new subscriber for July and I’ve thanked that person already. I have about six people left to thank for June. This really is a community-supported newsletter and thanks to all for providing me with resources I need to keep going.
Ting will match your initial subscription, whether it be at $5 a month, $50 a year, or $200 a year. It is quite generous of them to do so, and I appreciate their investment in this style of community journalism.
Ting can help you with your high speed Internet needs. If service is available in your area and you sign up for service, enter the promo code COMMUNITY and you will get:
Free installation
A second month for free
A $75 gift card to the Downtown Mall
I originally posted the wrong period of time for Steven Rosenberg's time as the Staunton's City Manager. The length was two and a half years, not a year and a half. I regret the error!