Since February 2024, Charlottesville has processed dozens of land use applications under a new zoning code intended to increase the number of housing units in the city.
All of that work was placed on hold June 30, when Circuit Court Judge Claude Worrell entered a motion of default judgment because a law firm working for the city failed to file a document by a May 21 deadline.
Now the city has asked Worrell to reconsider.
“Gentry Locke apologizes to the Court for this inadvertent mistake and stands accountable for it,” reads a motion filed on July 22.
The city argues that a default judgment is not appropriate because attorneys at Gentry Locke were actively preparing for a June 2026 trial on the plaintiff’s claim that the city did not satisfy state requirements to ask the Virginia Department of Transportation for an analysis of the effect the new zoning would have on roads.
“The city is prepared to present evidence on the merits of the defense,” the motion continues. “That evidence will show that any traffic impacts caused by the City’s then-proposed did not rise to the level that required the City to submit the ordinance to VDOT for comment.”
The plaintiffs have not yet filed a response. A hearing has been set for August 13.
The motion is part of Charlottesville’s strategy to put the new zoning back in place as soon as possible. On July 21, City Council voted to refer the voided development code to the Planning Commission for a public hearing within 100 days.
“Initiation ensures city staff and elected officials can respond swiftly to readopt the development code if the need arises,” said Matt Alfele, Charlottesville’s development planning manager.
On July 11, the city announced that it would resume taking new applications, though Worrell’s ruling prevents them from being processed.
Four applications have been filed so far, including two tree removal permits. One of them is a major development plan for 501 Hedge St., and the site plan filed by Shimp Engineering shows a total of six units on the undeveloped 0.08-acre property. The new zoning for the property is Corridor Mixed Use. The previous zoning would have allowed only one fill unit and one accessory structure.
Justin Shimp said he thinks the city’s path forward is a good one and he is hoping the 2024 code will be reinstated.
“I can see wanting to wait until the dust settles a bit before starting anything new from scratch, but we have so many projects that were already well on their way it makes sense to push those along,” Shimp said in an email.
The plaintiffs have until August 6 to respond to the city’s motion to reconsider.
A six-story building at 1000 Wertland St. would have 180 units, all of which would be income-restricted. However, review is on hold because the city’s zoning code was voided. Supplied photo.
