November 15, 2024: Charlottesville Circuit Court Judge Claude Worrell ready to rule on zoning case, but allows counsel time to submit more evidence
Plus: Materials for Tuesday's BAR meeting have been published and include massing drawings for a 13-story tower at the Violet Crown
This day of November is not the Ides. That was two days ago. This refers to the calendar used by the Roman Empire. Why do people still reference this long-gone system? If this were a quiz show, my answer would have something to do with William Shakespeare. Friends, readers, Americans! I come to do the 762nd edition of Charlottesville Community Engagement, not to praise anyone. I’m Sean Tubbs, and five years of Latin in secondary school has to go somewhere.
In today’s installment:
Charlottesville Circuit Court Judge Claude Worrell throws out three of four counts in a lawsuit against the city’s Development Code, but allows a fourth to proceed to another hearing
The Virginia Department of Transportation will get nearly $32 million from the Federal Highway Administration for a program to purchase construction materials made with lower carbon footprints
More information on a proposal that will go before the Board of Architectural Review Tuesday
First shout-out: Charlottesville Community Bikes
In today’s first 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)
There are mobile repair clinics held all around the area with the next one coming up Townwood w/ Sin Barreras & The Free Book Bus (learn more)
There’s also a workforce development program that “blends mentorship and comprehensive training in bicycle mechanics” (learn more)
Do you have some wheels you’re no longer using? Community Bikes accepts all bike and bike-related donations, but at the moment, they are especially slim on adult mountain bikes and need kids' bikes of all sizes.
To learn more, visit their website and consider a donation to keep them rolling!
Judge Worrell is ready to rule in lawsuit against Charlottesville’s new Development Code, but allows time for more evidence to be filed
There could be more time in court for a group of Charlottesville landowners who filed a lawsuit in January seeking an overturning of new development rules adopted a month earlier.
“Plaintiffs have provided a sufficient question of fact for the Court to hear evidence regarding the promulgation of the new zoning ordinance,” said Charlottesville Circuit Court Judge Claude Worrell in a three-page ruling issued on November 12. (view the ruling)
The suit was filed on January 16 against the City of Charlottesville, the Charlottesville Planning Commission, and Charlottesville City Council but Worrell ruled this week that only the governing body is an appropriate target of the suit.
The plaintiffs argued that the city did not follow the Commonwealth of Virginia’s rules for studying the impacts of higher residential density on public infrastructure including transportation, schools, water, sewer, and other services. Each of the parties is a property owner on land now zoned from the single-family R-1 in the old code to either Residential-B or Residential-C in the new version. (read the original pleading on cvillepedia)
“At a minimum, with respect to residential zoning districts, this increases the density — by right — to 3, 6 or 8 units per lot — with additional density permitted by right if there are affordable units included,” reads paragraph 54 of the original pleading.
In response, the City of Charlottesville filed three motions including a demurrer, a maneuver where the defendant seeks a ruling on whether the merits of a plaintiff’s case might result in a victory at trial.
Former City Attorney Jacob Stroman and attorneys with the firm Gentry Locke argued the plaintiffs' suit should be dismissed because two of their four counts all make the claim that the Comprehensive Plan adopted in November 21 did not comply with specific sections of Virginia Code.
These are:
§15.2-2222.1 - Coordination of state and local transportation planning
§15.2-2223(B)(1) - Comprehensive plan to be prepared and adopted; scope and purpose
In his ruling this week, Judge Worrell sided with the City of Charlottesville.
“In 2021 Plaintiff’s had thirty days to sue for relief and did not sue for relief,” Worrell wrote in the three-page ruling issued on November 12. “In 2024 the Plaintiff’s have no right to relief for as to the 2021 plan.”
Worrell also referred to a previous lawsuit filed by an anonymous group within a month of that document’s approval by City Council in November 2021. Their identity has never been revealed.
“In Doe, this court held that Plaintiff would have a right of action when their rights are affected by a zoning ordinance,” Worrell wrote. He went on to quote his own ruling that the anonymous group could also challenge “the validity of the comp plan on which the ordinance is based.”
That leaves two counts remaining for Worrell to rule on.
Count 3 which argues the zoning ordinance is null and void because it violates §15.2-2284 which covers “matters to be considered in drawing and applying zoning ordinances and districts.”
Count 4 makes the claim that the new zoning ordinance is “arbitrary, capricious and bears no reasonable relationship to the public health, safety, morals, or general welfare.”
“City Council did not reasonably investigate the basic considerations of modern urban planning when population density is drastically increased by right, such as impacts on stormwater management, sanitary sewer, water supply and traffic congestion,” reads paragraph 92 of the original pleading.
Count 4 also mentions §15.2-2283 which covers the Purpose of Zoning.
At a 90 minute hearing on June 27, 2024, Greg Haley of Gentry Locke argued that the city went through a long process to adopt the new Development Code through a process called Cville Plans Together which featured dozens of public meetings and hours of deliberations.
“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.
Judge Worrell disagreed.
“The Court declines to adopt the City’s argument that the legislative record establishes that the City’s decision to oppose the [new zoning ordinance] was fairly debatable,” Worrell said. “Instead the court is of the opinion that there may be other that the parties may wish to present prior to this court ruling on the ultimate issue.”
However, Worrell said he would be ready to make a ruling on the demurrer if both parties are satisfied. He concluded his order by asking counsel on both sides to contact his clerk to schedule the next hearing.
Since the suit was filed, City Attorney Jacob Stroman was placed on administrative leave for several months before being briefly reinstated. He resigned almost simultaneously and the city continues to use the law firm of Sands Anderson to receive legal advice.
This is a developing story. Expect more stories.
Previous coverage:
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 Circuit Court Judge Worrell to take time to decide on court trial for zoning lawsuit, July 7, 2024
Federal government sends $1.2 billion to 39 states for green materials for transportation construction
There are just over two months until President-elect Donald Trump takes office, but for now the rest of the Biden administration will continue to play out with a series of awards for projects funded through the Inflation Reduction Act and other legislation that passed during the current presidential term.
On Thursday, the Federal Highway Administration announced $1.2 billion in funding that will go to transportation departments in 39 states through a discretionary grant program for low carbon transportation materials.
“The investments will support continued growth in clean American manufacturing, boosting the competitiveness of clean U.S. industries and the creation of good manufacturing jobs while reducing pollution from the production of concrete, steel, and other bedrock materials of our economy,” reads an information release.
The idea is to incentivize the purchase of materials that require less energy to produce and thus less emission of greenhouse gasses. This is part of the Biden administration’s Federal Buy Clean initiative, an initiative not likely to be continued in the next administration.
The Virginia Department of Transportation will receive $31,933,577 through the program in this cycle. VDOT adopted a carbon reduction strategy in November 2023 that can be accessed here.
Second shout out: Charlottesville E-bike Lending Library
The rolling topography of the Charlottesville area keeps some people away from choosing cycling as an option to get around. Perhaps an e-bike is in order?
That’s where Charlottesville’s eBike Lending Library comes in! E-bikes are a great way to get around the community but there are many brands and styles to choose from. Because many e-bikes are sold online, it can be a challenge to try an e-bike before buying one.
The Charlottesville E-bike Lending Library is a free, not-for-profit service working to expand access to e-bikes in the area. They have a small collection of e-bikes that they lend out to community members for up to a week, for free. You can experience your daily commute, go grocery shopping, or even bike your kids to school, and decide whether e-bikes are right for you. Check out this service at https://www.ebikelibrarycville.org!
Materials available for review on potential redevelopment of cinema building at 200 West Main
On Tuesday, the Board of Architectural Review will take a look at a preliminary discussion of the potential redevelopment of 200 West Main Street which is currently the home of the Violet Crown Theater.
The building dates back to 1898 and has been used as a department store, a steam laundry, a grocer, and a furniture store. According to a staff report for the BAR’s review, the use as a cinema dates back to 1913 but it has mostly been used for retail.
“In 1996, the building was converted from a Leggett’s department store to a Regal movie theatre, with the metal facade replaced with bricks,” reads the report. “In 2014-2016, the current, contemporary facade was reconstructed for the Violet Crown theatre.”
Heirloom Development has a contract to purchase the property if they can get approval for a new building. The new Development Code allows up to 10 stories by-right, or 142 feet, if a bonus provision is not taken. If additional affordable units are provided, the structure can be as high as 13 stories or 184 feet.
A pre-application conference has to go before the Board of Architectural Review because that body has jurisdiction under the Downtown Architectural Design Control District.
“The Code does not proscribe what information must be presented for a pre-application conference,” reads the staff report. “However, the BAR has historically required at least a general representation of the location, context, massing and scale of the proposed building.”
The BAR will also have to determine whether they will approve demolition. Heirloom Development was given permission to demolish what currently exists at 218 West Market Street for what was to have been a residential structure but is now being proposed as a hotel.
Heirloom Development sold the property to Cavalier Hospitality LLC in September for $5.75 million. Plans for a certificate of appropriateness are also on the agenda of Tuesday’s BAR meeting.
However, the BAR said they would grant a demolition permit for two structures in front of what is now Six Hundred West Main Street. Those two buildings were incorporated into the development just as buildings in front of the former Quirk Hotel became part of that project when the BAR declined permission.
Materials submitted by Heirloom show a 184 foot tall building with 150 market rate units. These would take up ten stories. There would be four stories of parking and an “amenity podium” with a total of 140 spaces.
The absence of affordable units means that principal Jeffrey Levien either anticipates getting an exception to the city’s new Development Code that would require ten percent of units to be affordable, or anticipates paying into the city’s affordable housing fund.
That part of the discussion is not up to the Board of Architectural and it is uncertain how such an exception would be made. Guidance on how a payment-in-lieu fee would be calculated according to a table in the Affordable Dwelling Unit Manual adopted by City Council on February 5, 2024.
The materials put together by the firm Kahler Slater include a disclaimer.
“This is designed to assist City officials and other community members in a preliminary review of a potential real estate development in downtown Charlottesville and provide initial feedback thereto,” reads the fine print. “Everything contained in this presentation and the proposed transaction it refers to is confidential and not to be disclosed except to the extent it is already in the public domain or per express prior written consent by Heirloom Development . This presentation is provided subject to errors, omissions and changes in the information, and is subject to modification or withdrawal as due diligence advances.”
This is a developing story.
Reading material for #762
A nonprofit looks to ease Charleston's housing crisis with apartments, family shelter for homeless, Ali Rockett, Charleston Post & Courier, November 8, 2024
When Trailblazer Elementary School no longer had enough teachers to walk students to school, a Charlottesville nonprofit stepped in, Tamica Jean-Charles, Charlottesville Tomorrow, November 13, 2024
Charlottesville officials and activists discuss potential pedestrian safety improvements, Catie Ratliff, C-Ville Weekly, November 13, 2024
Firearm crackdown: Police execute search warrants across Charlottesville, Waynesboro, Charlottesville Daily Progress (paywall), November 13, 2024
Lynchburg Fire Department to hire 21 new firefighters with federal grant, Brittany Slaughter, WSET ABC13 News, November 13, 2024
How Mass. transportation projects may fare under Trump, Andrea Perdomo-Hernandez, WBUR, November 14, 2024
Charlottesville seeks to privatize operation at outdoor public pools, Emily Hemphill, Charlottesville Daily Progress (paywall), November 14, 2024
Sale of Farmington mansion could put an end to wedding controversy, Hawes Spencer, Charlottesville Daily Progress (paywall), November 14, 2024
Virginia lawmakers considering regulating police use of automated license plate readers, Charlotte Renee Woods, Virginia Mercury, November 14, 2024
Data centers keep growing in Virginia — and so does energy demand, Katherine Hafner, WHRO (Via VPM), November 14, 2024
There is no other possibility except #762
I wasn’t going to put out an edition today. I’m in Pennsylvania visiting my parents and I had a meeting at 10:30 a.m. to discuss the business of Town Crier Productions.
The business of Town Crier Productions is to serve the community by providing information in a manner that does not seek to sensationalize but instead seeks to give access to matters that are complicated, complex, and very easy to get wrong.
The entire act of journalism is a risk. Things can be misreported. That’s why I have correction policies, and why I always listen when someone says I got something wrong. That’s how I improve what I do, and try to not make the same error twice.
Now I am going to see my parents and I hope to get there soon so I’ll conclude by saying that paid subscriptions keep Town Crier Productions going. Within a year I hope to make some changes to secure this publication’s future.
A democracy needs informed citizens and misinformation spreads instability. My reporting comes from a philosophy that believes stability leads to better outcomes for all. If I’m wrong on that, so be it. I know how I’m going to keep reporting.
I am also grateful that the internet company Ting has sponsored this newsletter since April 2021 by matching the initial paid Substack subscription for new subscribers. This has really made a difference and it continues.
If you sign up for service and you are within Ting’s service area, 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
