Developer seeking new building at Violet Crown site appeals to Council

Charlottesville’s relatively new zoning code went into effect on February 19, 2024 and on the eve of its first anniversary, a developer seeking to construct an 184 foot tall building at 200 West Main Street appeared before City Council during the public comment period.

Jeffrey Levien of Heirloom Development has met with the Board of Architectural Review three times to get them on record as supporting demolition of the building that currently houses the very-open Violet Crown Cinema, as well as their guarantee he can build to the maximum height under the new zoning code.

A key component of the new zoning code is that discretionary decisions were to have been eliminated, but Levien pointed out what he sees as an obstacle.

“There’s a part of the code that gives the BAR zoning review rights,” Levien said. “It’s a safeguard I guess that allows them to drastically change massing. It can cut down height, it can require stepbacks, and basically determine whether a project can go forward or not.”

That part of the code relates to the Downtown Mixed Use zoning which can be found in section 2.10.9 which governs building height. In what’s known as DX, “the maximum height is determined based on BAR review using their design guidelines.”

Levien said after spending time with city staff, he has come to the conclusion that the BAR can’t set binding conditions for their approval the way the code is currently set up.

“I’m here asking for your help, please, to be able to put a stake in the ground as to what this envelope can be and it’s important for me to say envelope because it’s just the massing,” Levien said. “None of this circumvents zoning review, city engineering review, or anything else.”

Levien asked Council to take action, but it is unclear if what he asked for can happen under existing Code. The three times he appeared before the BAR was for a preliminary discussion.

In January, Levien filed two requests with the city for 200 West Main Street. Though he is not the owner, he has a contract to purchase the site which allows him to submit land use applications.

One request is a special exception to ask for relief from a requirement from something called active depth defined as “the horizontal depth of a building that must contain active spaces.”

The purpose of this is to “facilitate the creation of a convenient, attractive, and harmonious community by minimizing the impact of inactive spaces on the public realm and to promote a comfortable, safe, engaging, and attractive build environment.”

In the DX district, this requires a minimum of 30 feet for primary streets and 15 feet for secondary streets.

In materials filed on January 28, Levien argued that requirement would take away space necessary to build parking for an apartment building.

On February 6, Zoning Administrator Read Brodhead sent a letter explaining the submitted materials were not sufficient for review by the city.

“Development Code Section 32-5.2.15.B.1 requires the applicant to schedule a pre-application conference with the Administrator to discuss the procedures, standards, and regulations required,” Brodhead wrote.

There are currently no further documents related to that request. Under the new Development Code, special exceptions go through the Planning Commission for a recommendation with final approval by City Council. These meetings are to be public, but a formal public hearing is not required.

Heirloom’s second application is for a request for a Certificate of Appropriateness to demolish 200 West Main Street. The materials include a 12-page letter from Bob Pineo of the group Design Develop who writes that the new Development Code offers a chance for the city to build a “more dynamic, inclusive, and sustainable urban fabric.”

“”We propose the demolition of 200 West Main, making way for a project that aligns with the city’s stated goals of density, diversity of uses, and forward-thinking urban design,” Pineo wrote.

Pineo also noted that the BAR has approved demolition of other nearby structures such as the Studio Art Building at 1106 West Main Street that was knocked down to make way for the Draftsman. Also gone is the former Escafe restaurant at 215 West Water Street, as well as 210 West Market and 210 West Market.

“The land at 200 West Main Street represents a similar opportunity as those sites, offering the chance for increased density and vitality downtown,” Pineo wrote.

(In full disclosure, Design Develop pays Town Crier Productions $25 a month Patreon contribution. That is currently why there are currently shout-outs and advertising experiments)

The Board of Architectural Review was to have taken up the demolition request on February 19 but the meeting was canceled due to winter weather. It will now be held on February 26. You can take a look at the materials here.

The Violet Crown is still operating as a business and a request for comment is pending.

After Levien finished his comments, Mayor Juandiego Wade responded.

“We are discussing it as Council,” Wade said.

When asked via email for clarification, Wade said he has had individual discussions with Councilors but no formal discussion.

In January, Neighborhood Development Services Director Kellie Brown presented Council with her department’s proposed work plan for the rest of the year. One of the items coming up is a study of downtown heights in the downtown area. At that time, she did not

“Does the development code really provide guidance for building height, building form on the mall in a way that kind of provides clear expectations for everybody?” Brown asked. “Or is there maybe some additional work we could be doing to kind of clarifying what is the shared vision for building height and form on the Mall?”

That discussion is not yet scheduled to happen. Stay tuned.

Before you go: This story and all of the others on this site are produced by Town Crier Productions, a media company created in 2020 to write stories about local and regional government. This story first went out in the February 20. 2025 edition of the Charlottesville Community Engagement. Most of the time stories are published there first and then posted here, but sometimes they’re posted here first. All of this is an experiment and I’m grateful you are reading it! Click on links for other articles and try to check out the primary sources!