Annie Gould Gallery
A unique art gallery located in the heart of historic Gordonsville.
109 S. Main Street, Gordonsville, VA • (540) 832-6352 anniegouldgallery
NZO or bust
Closing arguments filed in challenge to city’s new zoning code
By Sean Tubbs
TComprehensive Plan to VDOT, a key claim made by the defendants.
he waiting game continues for a lawsuit filed earlier this year that seeks to nullify Charlottesville’s new zoning code.
A group of residents filed suit against Charlottesville in January alleging that city officials failed to follow state guidelines to study the impacts higher residential density allowed in the Development Code would have on transportation infrastructure. The land-use rules were rewritten shortly after City Council adopted a new Comprehensive Plan on November 21 that called for more housing across the entire city.
“A comprehensive plan and zoning ordinance must be submitted to [the Virginia Department of Transportation] for review when [they] will ‘substantially affect’ transportation on state-controlled highways,” wrote attorneys with the firm Flora Pettit in a filing with Charlottesville Circuit Court in late August.
This spring, Charlottesville responded with a motion seeking to dismiss the case arguing that the plaintiffs do not have the right to sue, and added they cannot prove they will be harmed by the new rules.
After a 90-minute hearing in late June, both sides filed written closing statements to inform Circuit Court Judge Claude Worrell’s eventual opinion. Lawyers with the firm Gentry Locke argue the suit should not proceed to trial.
“Plaintiffs do not like the policy choices in the new zoning ordinance,” the Gentry Locke attorneys wrote in their recent filing. “The City followed the process in enacting the NZO. The Plaintiffs, therefore, rely on strained legal theories and ignore facts in their effort.”
Attorneys for the city also argue that Charlottesville followed the rules when submitting the mobility chapter of the
“Plaintiffs cannot now—more than two years after the fact—fault the City for failing to double-check VDOT’s work product,” the closing argument continues.
Flora Pettit attorney Michael Derdeyn represents those plaintiffs, as well an anonymous group that previously sought to overturn the Comprehensive Plan based on many of the same arguments. He argues that VDOT review should have been based on the theoretical maximum of new housing units that could be built under the new code.
“There can be no question that the City failed to comply with its obligation,” Derdeyn wrote.
That will be up to Judge Worrell to decide, and a ruling will be issued at some point in the near future.
Meanwhile, developers have slowly begun taking advantage of the provisions in the new code that allow more density without asking City Council for permission. That includes six units planned to be built at 303 Alderman Rd., a property that had been zoned for single-family residential but is now in the Residential B district. Another plan, submitted for land behind the Meadowbrook Shopping Center, will be the first to take advantage of bonus rules if units meet the city’s affordability guidelines.
A firm called Greenshire Holdings has filed a major development plan to build 24 units on what is now an 0.83-acre lot at 2030 Barracks Rd. The materials sent to the city include a request to subdivide the property into two lots with 12 units to be built on each.
No traffic management plan would be required because the total amount of construction is under the 50,000 square-foot threshold that would trigger one.
The developer of 303 Alderman Rd. will be among the first to take advantage of the new zoning, if and when this single family house is demolished to make way for six townhomes.
SEAN TUBBS
FARMINGTON
Elegant Farmington Country Club residence on 5 acres with stunning Blue Ridge Mountain views. Offering privacy, yet great convenience to Charlottesville and the Club amenities, this 5-BR home includes a guesthouse, pool, separate office and garage. $5,795,000 Tim Michel, 434.960.1124
MEADOW FARM
436+ acre parcel of land in Southern Albemarle! 4 division rights; complete privacy; lush, gently rolling terrain; long road frontage; stream; 3-acre lake; 125-135 acres of open land; mature hardwood forests. Under conservation easement. MLS#651411
$2,985,000 Charlotte Dammann, 434.981.1250
THE HOLSINGER
Exceptional 2-bedroom, 2.5-bath condo, located just steps from the historic Downtown Mall. Luxurious living spaces, spacious floor plan, fully loaded kitchen, hardwood floors, a private balcony, and secure parking. Enjoy vibrant downtown living! MLS#656160 $1,200,000 Jim Faulconer, 434.981.0076 or Will Faulconer, 434.987.9455
CRAIGS STORE RD
76 acre parcel in western Albemarle with compelling views of the Blue Ridge Mountains, diverse terrain, and multiple estate-caliber building sites. 2 miles from Batesville Market, 15 miles from Charlottesville, not under conservation easement. MLS#652337 $975,000 Court Nexsen, 646.660.0700
BENTIVAR MANOR
Exquisite brick home on 88 acres less than 5 miles from city limits. Residence is in excellent condition, 7-BR & 11,000+ sf. Property is a mix of pastures & woods with long frontage on the Rivanna River, & miles of trails. MLS#652353 $4,875,000 Jim Faulconer, 434.981.0076 or Will Faulconer, 434.987.9455
HIGH FIELDS
Scenic 42-acre farm 10 miles from Charlottesville. Features pastures, woodlands, serene creek, antique farmhouse, updated kitchen, 3-BA, 4-BR, and panoramic Blue Ridge Mountain vistas,and substantial barn. MLS#651245 $1,695,000 Jim Faulconer, 434.981.0076 or Will Faulconer, 434.987.9455
FRAYS MILL
Wooded 81.395-acre preservation tract near Frays Mill Subdivision in Albemarle County, 6 miles from Charlottesville Airport, shops, restaurants. Ideal for recreation, agriculture, and private home with mountain views. MLS#651664 $995,000 Jim Faulconer, 434.981.0076 or Will Faulconer, 434.987.9455
Charming cottage on 3+ acres in Ivy! Light-filled with living, dining, kitchen, sunroom, study, primary BR, bath, second BR on main floor. Lower level has bonus room, BR & bath. Recently updated floors, roof, sunroom tile. Private deck, mature landscaping, pond, Fiber Optic available. MLS#655171 $598,000 Charlotte Dammann, 434.981.1250
FIELDS OF BOAZ
A country French estate on 24 acres 6 miles from the University of Virginia. Timeless charm and modern luxury with soaring ceilings, spacious primary suite, home office, wine cellar, guest quarters, and private pond. MLS#652608 $3,995,000 Court Nexsen, 646.660.0700
HISTORIC STAUNTON
Meticulously renovated National Historic Register home, blending modern amenities with remarkable charm. 5-BR with hardwood floors, stained glass windows, and trim. Quartz kitchen, magnificent primary suite, terrace apartment. MLS#653080 $1,295,000 Court Nexsen, 646.660.0700646.660.0700
CROZET
Quality-built residence, circa 2017, in the heart of Crozet, minutes from shopping, Western Schools, and Blue Ridge Mountains. Highlights include a main-level master suite, high ceilings, gourmet kitchen, screened porch, and 2-car garage. MLS#655239 $989,000 Jim Faulconer, 434.981.0076 or Will Faulconer, 434.987.9455
HILL TOWNHOME
Exceptional brick, end-unit home in popular Cherry Hill! Walk to UVA Hospital & Grounds. This 3-lvl townhome features a beautiful gardener’s fenced yard. Elegant hardwood entry, open floor plan, owner’s suite, and 2 additional guest bedrooms. First-floor bonus room and garage! MLS#655503 $525,000 Katherine Leddington, 646.593.0333
HOLLY HILL
CHERRY