The Virginia Department of Environmental Quality and the City of Charlottesville are continuing to investigate what went wrong on August 2 when heavy rainfall fell on land clearcut for a Stanley Martin Homes development. This caused large amounts of sediment to enter into the waterway, a possible violation of state regulations.
The incident on about nine acres between Azalea Drive and Monte Vista Avenue has fired up residents of the Fry’s Spring neighborhood concerned that the city’s existing environmental protections are not robust enough to protect property owners downstream.
When Charlottesville City Council voted 3-2 on January 3, 2023 to approve a critical slopes waiver for the 45-unit development on nine acres, they agree to ten conditions including creation of a tree preservation plan and the use of a “super silt fence” to prevent sediment from leaving the site during construction.
The ten conditions that are part of the critical slopes waiver for Azalea Springs (Credit: City of Charlottesville)
Sitting Councilors Lloyd Snook and Juandiego Wade voted aye while Michael Payne voted nay.
At the August 17, 2026 meeting of City Council, one resident of Azalea Drive reminded them that approval was given only after the Planning Commission signed off on the ten conditions.
“You recognized the risks that this waiver imposed on the neighborhood and created these conditions,” said Jesse Harper. “They weren’t suggestions. They weren’t decorations. They were conditions of the waiver, part of the basis of the approval of this project. Stanley Martin was responsible for implementing those conditions. They didn’t.”
Harper said his property and other nearby land has been damaged by the city and said the city has responded that it is up to the neighbors to pursue legal action against Stanley Martin. Harper said some in the neighborhood are contemplating that option, but said Council is the body that approved the conditions.
“My question is not simply when Stanley Martin gets to start work again,” Harper said. “My question is whether a material failure to comply with the conditions under which this project was approved affects Stanley Martin’s continuing entitlement to move forward under the existing approval. Can this approval or permit be suspended or revoked based on that noncompliance?”
Council typically does not respond to questions from the dais but at the very end of the meeting City Councilor Lloyd Snook wanted answers from staff as well.
“I would certainly like to know the answer about what, A, what the problem has been [and]; B, what the administrative response has been, the enforcement response has been. I suspect that the folks who are raising the question may think the city has more power than it actually has, but I would like to know what power the city actually has,” Snook said.
Sanders said he would get a response back to Council. A request for additional sent the afternoon of August 19 has not been returned at publication time.
Two other stories:
- Neighbors question city’s commitment to environmental quality as construction nears on long-planned development, C-Ville Weekly, July 15, 2026
- Fry’s Spring residents file pollution report following heavy rainfall, Information Charlottesville, August 5, 2026
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