As is, the zoning code allowed developers of The Mark to eschew constructing affordable housing units and instead make a $4+ million contribution to the city’s housing fund. Photo Mitchell/Matthews Architects & Planner
One of the tasks awaiting Charlottesville’s next director of Neighborhood Development Services is how to respond to ongoing calls to amend the city’s 2023 zoning code to hinder the construction of tall buildings in some areas.
“There are a lot of unintended consequences because of some of the decisions that were made in the ordinance,” said Preservation Piedmont’s Jean Hiatt at a June 23 listening session held by the city’s Neighborhood Development Services department.
Hiatt said that includes the definition allowing “student housing” buildings within a half mile of the legal designation of Central Grounds. The ordinance allowed the firm LCD Acquisitions to propose a seven-story luxury student housing development in Fifeville, without directly constructing some of the required affordable housing. Instead, the developers of The Mark are required to pay more than $4 million into the city’s affordable housing fund.
Charlottesville City Council adopted a zoning code in December 2023 that eliminated the role elected officials play in controlling height and residential density. That also eliminated opportunities for neighbors to publicly express views about potential developments in order to suggest changes.
When Council adopted a first round of minor changes in February, major alterations that required more community engagement were referred to the city’s long-range planning division. Developers and builders were invited to a listening session on June 23 to suggest other technical adjustments.
“This is the 2026 [zoning] code clean-up cycle,” said Matt Alfele, the city’s development planning manager. “In the 2025 cycle, we completed 83 amendments that were small technical concerns and just small refinements.”
A handful of developers provided some technical feedback, but more speakers took the opportunity to complain about how the rules allow The Mark to exist.
Another member of Preservation Piedmont critiqued how the zoning districts were selected by out-of-town firms as part of the Cville Plans Together initiative.
“I never thought the consultants spent enough time on the ground proofing our city and understanding what makes Charlottesville Charlottesville,” said Genevieve Keller, a former planning commissioner and current member of the Board of Zoning Appeals.
In April, Keller was one of two votes against a determination by the zoning administrator that The Mark qualified as student housing. The entire board voted 3-2.
At the listening session, Keller also suggested the city reevaluate properties in the Residential-B zoning district. Property owners can build up to 12 units on a single lot if half of them qualify as affordable.
In May 2025, Keller and the rest of the BZA upheld an administration modification, clearing the way for 24 units to be built on less than an acre at 2030 Barracks Rd., despite appeals from neighbors.
“They did not understand that this was possible in their neighborhoods, and they did not see it as an opportunity,” Keller told the Planning Commission.
Deputy City Manager James Freas is currently serving as the interim director of NDS after Kellie Brown departed on June 26 after less than two years in the position.
Meanwhile, the city is taking feedback on the next round of code changes at the new Connect Charlottesville page (connect.charlottesville.gov).
