There is still no written order from Charlottesville Circuit Court Judge Claude Worrell that states in writing his granting of a motion for default judgment in a legal case against a zoning code City Council approved in December 2023.
The ruling had the effect of voiding the Development Code and preventing the city’s Neighborhood Development Services department from processing any pending zoning applications. Earlier this month, the city announced it would continue accepting new plans while it sought to negotiate with plaintiffs.
On July 21, City Council voted to begin a process that could lead to enactment of the new code if legal conditions allow for that to proceed.
“While the city awaits the written order from the judge in the case and pursues legal recourse, staff recommends initiating readoption of the development code by adopting this resolution before you tonight,” said Matt Alfele, the city’s development planning manager. “That process can begin by referring the matter to the city’s planning commission for recommendation and review.”
The resolution sends the Development Code to the Planning Commission for a public hearing that has to take place within 100 days.
Two weeks before the zoning code was voided, City Council had been briefed on minor changes to the rules that were going to be developed over the summer. City Councilor Michael Payne asked if that work was on hold.
“I would say the public facing process is on hold,” Alfele said. “Staff is still doing that work so that when we can pick back up. The item we were kind of interrupted on was having a listening session with the building community [and] with the Planning Commission. We’re still wanting to do that, but we’re just doing the back end work so we can pick up once we have clarity.”
There was no further discussion and the four members of Council present voted to refer the matter to the Planning Commission.
At least one developer has decided to submit a new major development plan since the July 11 announcement. The firm Shimp Engineering has filed a proposal for six units to be built on a vacant lot at 501 Hedge Street. The property is zoned Commercial Mixed Use 3 but this project would be entirely residential. No affordable units would be required.
Two tree removal permits have been filed since July 11.
Before you go: This story was first published in the July 22, 2025 edition of Charlottesville Community Engagement and then posted here the same day. Some days this is possible. Both are examples of output from Town Crier Productions. To learn more about how you can support this work, take a look here!
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