March 25, 2024: Charlottesville seeks dismissal of lawsuit to overturn new zoning
Plus: City Manager Sam Sanders announces a new sidewalk section on Elliott Avenue
March 25 is the 85th day of 2024, a Leap Year for which all of the fuss is over. There are both the Summer Olympics and a Presidential election to look forward to before the next big calendar change. How many editions of Charlottesville Community Engagement will there be between now and then? I’m Sean Tubbs, and I don’t know the number either.
On today’s program:
Charlottesville’s City Attorney has filed three motions seeking to dismiss a lawsuit that claims the city’s new zoning code is invalid
Charlottesville will hold a meeting this upcoming Tuesday to give an update on improvements to Stribling Avenue to make it safe for people to walk and bike on
Albemarle County budget officials provide more information about the payment that the University of Virginia makes in lieu of taxes
First shout-out: Community Bikes begin a series of mobile repair clinics this week
In today’s first subscriber-supported shout-out: Charlottesville Community Bikes does a lot to help everyone who wants a pedal-fueled vehicle to get one. They also do a lot of work to help people keep their new bicycles in working condition.
This week, a series of mobile repair clinics begins when a trailer stocked with tools and parts will roll into the Hearthwood community off of Michie Drive for basic repair and to pass out helmets. The hour-long event will begin at 2:30 p.m. with the Free Book Bus and Greenbriar Elementary.
Want to help volunteer for a future clinic? Have a suggestion for one should be held? Visit communitybikes.org to learn more!
Charlottesville has responded to lawsuit seeking overturning of new zoning code
As promised, the City of Charlottesville has filed three motions on March 15, 2024 in response to a lawsuit whose plaintiffs seek overturning of the city’s new Development Code. A group of property owners argued in a case filed in January that the city did not follow state code in reviewing a zoning plan to increase residential density throughout the city.
“The Plaintiffs already have that which they now seek to deny others—good, affordable housing in a desirable locality,” reads the introduction of the city’s demurrer in the case of White v. Charlottesville. “To do so, the Plaintiffs, having lost at City Council and at the ballot box, seek a judicial veto of the City’s zoning ordinance changes.” (read the demurrer)
A demurrer is a legal response that asserts there is no valid claim under the facts asserted in the lawsuit. The introduction argues that the community participated in the Cville Plans Together initiative that led to the new zoning code, the new Comprehensive Plan, and an affordable housing plan. Public outreach for much of the plan took place during the pandemic when meetings were held virtually, but that fact has no legal bearing on this case.
Two previous suits by anonymous parties sought to overturn the Comprehensive Plan based on similar arguments, but Judge Claude Worrell dismissed three out of four counts in the first one in August 2022. A second suit was filed but declared a nonsuit.
This time around, the city’s demurrer notes that the plaintiffs are overstating many of their claims.
“Plantiffs’ statements about population increase and infrastructure burden are exaggerated,” the introduction continues.
A second motion known as a Plea in Bar is a five-page document that maintains that the first three counts in White v. Charlottesville are actually legal claims against the Comprehensive Plan, which was adopted 27 months before the anti-zoning lawsuit was filed. This motion also argues that plaintiffs wouldn’t have had standing anyway. (read the Plea in Bar motion)
A third document known as a Motion Craving Oyer seeks to add eight exhibits to the record for this case. They include excerpts from the affordable housing plan, the Comprehensive Plan, the inclusionary zoning analysis, and a July 7, 2023 document on the city’s infrastructure capacity. (read the Motion Craving Oyer)
The demurrer also seeks to dismiss both the City of Charlottesville and the Planning Commission as parties to the suit. The city also maintains that Charlottesville had no obligation to submit the Comprehensive Plan to the Virginia Department of Transportation for any legally-mandated review.
No date has yet been set for any hearings before a judge but City Attorney Jacob Stroman said both parties are seeking to find a date for a hearing.
Options for Stribling Avenue sidewalk to be presented at meeting Wednesday
This Wednesday, members of the public will be able to inspect alternatives for a way to make Stribling Avenue in the Fry’s Spring neighborhood safer for cyclists and pedestrians.
“That has been a project that we talked about for quite some time about bringing a sidewalk section there, a much needed sidewalk there,” said City Manager Sam Sanders. “It’s a very complicated project. It’s going to be a very expensive project.”
In 2022, City Council rezoned 12 acres of land at the western end of Stribling Avenue to allow for 170 units. One of the conditions recommended by the Planning Commission was to predicate approval on creation of a sidewalk. At the time, Southern Development offered a $2.9 million loan to help cover the cost, but further investigation has led to cost increases.
Now the public can learn more at an open house at the Fry’s Spring Beach Club that begins at 6 p.m.
“We will be able to demonstrate for the public that we have figured out what our various options are and get that community feedback as we make a decision on which was to proceed in how to get that project done,” Sanders said.
Sanders also told Council that a new sidewalk has been constructed on the north side of Elliot Avenue near Ridge Street where one had not been before. The firm Linco constructed about 100 linear feet at a cost of $13,503.45.
This is the second new section of sidewalk constructed since Sanders took over as city manager last summer. The other was on East High Street where a 200 foot gap was filled last fall by Linco at a cost of $55,835.27 which included some drainage work and two driveway entrances.
“We’ve basically been celebrating at this moment that we’ve been working on process and as we worked on that process, that leads to progress,” Sanders said. “We’re getting things done.”
Further updates on that process will come at a City Council work session on transportation planning scheduled for April 15.
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!
Albemarle budget officials break down how UVA-related entities make payments to the county
Albemarle County Supervisors met today for a budget work session for fiscal year 2025 and I will have a write-up of that event later on this week. At a previous work session, one Supervisor wanted to know how the figure of $133,225 was calculated for the University of Virginia to pay instead of property taxes.
A written response came in the third set of answers to Supervisors’ questions so far.
“There are three different University of Virginia-related entities in which the County has a relationship that are based on either existing agreements or state law,” states the response.
UVA itself is exempt from paying property tax and most of Grounds is within Albemarle County. However, the county can charge to offset the cost of education, public safety, and solid waste services for faculty and staff who live in UVA housing.
In 2023, that service charge was $126,890.
At the same time, properties owned by the UVA Foundation pay the full real estate tax.
“As of January 1, 2023, the UVA Foundation is the largest real estate taxpayer in the County, with total assessed value equal to $226,769,000, equating to $1,936,607 in real estate taxes,” the report continues.
The third entity is the UVA Physicians Group which has a 2010 agreement with Albemarle County to pay a payment-in-lieu of taxes rather than real estate taxes.
“The PILOT is equal to the real estate property taxes, at the rate established by the Board each year, for all Physicians Group properties that are not used by the University for scientific, educational, or literary purposes,” the report continues.
The amount paid by this group in 2023 was $36,801.
Reading material:
How New Jersey’s new affordable housing law aims to ease the housing crisis, Daniel C. Vock, Route Fifty, March 22, 2024
Group disappointed by Charlottesville's vote on Gaza resolution, Maggie Glass, WVIR NBC29, March 22, 2024
Charlottesville City Council votes down resolution calling for cease-fire in Gaza, Jason Armesto, Charlottesville Daily Progress (paywall), March 22, 2024
UVa Law School awards Albemarle County official Mike Pruitt $55k to fight housing discrimination, Jason Armesto, Charlottesville Daily Progress (paywall), March 23, 2024
Advocacy group lauds anniversary of Arlington zoning revisions, Gazette Leader, March 23, 2024
Charlottesville E-Bike Lending Library is helping ease residents into a car-free (or car-light) lifestyle, Emily Hemphill, Charlottesville Daily Progress (paywall), March 23, 2024
Albemarle board one vote away from establishing affordable housing trust fund, Jason Armesto, Charlottesville Daily Progress (paywall), March 25, 2024
After 8-year legal battle, debate resumes over biking at Ragged Mountain Natural Area, Emily Hemphill, Charlottesville Daily Progress (paywall), March 25, 2024
Demand for bus service has increased. The state’s proposed east-west bus line offers a solution, Nathaniel Cline, Virginia Mercury, March 25, 2024
What can you say about #652?
I’m still getting used to not doing the podcast at the same time as the written newsletter but I think the toothpaste is now out of the ketchup bottle. The main thing is to get information out to the public quickly, or as quickly as possible.
To what end? I’m not certain, but today I began work as the full moon set in the west and the sun rose in the east and that was kind of neat. It’s also neat anyone can subscribe to this work via Substack to help keep it going! And if you pay through Substack, Ting will match your initial payment.
The partnership with Ting is an incredibly generous sponsorship, and you if you sign up for service and enter the promo code COMMUNITY you’re going to get:
Free installation
A second month for free
A $75 gift card to the Downtown Mall
