CITY OF CHARLOTTESVILLE, VIRGINIA
                 CITY COUNCIL AGENDA



 Agenda Date:       January 3, 2023

 Action Required:   Resolution Approval

 Presenter:         James Freas, Director of NDS

 Staff Contacts:    James Freas, Director of NDS
                    Missy Creasy, Deputy Director of NDS
                    Kristel Riddervold, Environmental Sustainability Manager

 Title:             Adopting the Amendment and Re-enactment of the November 15, 2021
                    Comprehensive Plan for the City of Charlottesville, as amended (1 of 2
                    readings)


Background
At the December 13, 2022 Planning Commission meeting a joint public hearing was held for
consideration of a proposed action to amend and re-enact the Comprehensive Plan of the City of
Charlottesville (2021) which included:

     • a proposed amendment that would reference manufactured housing as one source of
       affordable housing (which, if adopted, should address the legal deficiency pointed out in the
       lawsuit, relative to the requirement of Va. Code §15.2-2223.5), and
     • a proposed amendment that will incorporate a climate action plan as a component of the
       Comprehensive Plan, and
     • a proposed action: i.e., the amendment and re-enactment of the November 15, 2021 Plan,
       as amended.


Discussion
On November 15, 2021, the City Council adopted an amended Comprehensive Plan (“Plan”). The
Plan, as adopted, reorganized, reformatted and updated the 2013 Comprehensive Plan, which had
been overdue for its required 5-year review. The proposed Plan had been advertised for a joint public
hearing conducted by City Council and the Planning Commission on October 12, 2021, as required/
allowed by law. Following the public hearing, the Planning Commission voted within the time period
required by state law, and then the Plan was presented to City Council for consideration. Although
not required by law, City Council then advertised a second public hearing on the proposed Plan,
which was conducted on November 15, 2021. On that same day, following the extra public hearing,
City Council voted to approve the Plan, within the window of time allowed by state law. (Per Va.
Code §15.2-2226 City Council may vote on a proposed Plan at any time, within 90 days of the
planning commission’s recommending resolution).
On December 15, 2021, after City Council’s approval of the November 15, 2021 updated
Comprehensive Plan, eleven city residents brought a legal action within the Charlottesville Circuit
Court, asking the Court to declare the Plan as adopted on November 15, 2021 to be “void”. The
plaintiffs are individuals who oppose the density increases within the City’s low-density residential
neighborhoods. The plaintiffs challenged the Plan on various grounds, both procedural and
substantive. Substantively, the plaintiffs presented arguments as to why they believe the Planning
Commission and City Council were making poor decisions. Procedurally, the plaintiffs alleged that:
(1) the November 15, 2021 Plan failed to include provisions to promote manufactured housing as a
source of affordable housing, as required by Virginia Code §15.2-2223.5 (which took effect July 1,
2021); and (2) that the contents of the public hearing notice published in the Daily Progress to give
notice of the November 15, 2021 public hearing didn’t have enough detail in it to give landowners
sufficient notice of whether the updated Plan would affect them. Thus far, the City has successfully
weeded out many of the legal arguments; the only legal issue that remains pending is the sufficiency
of the newspaper notice for the November 15, 2021 City Council hearing. No date for a court hearing
on that remaining legal issue has been set at this time.

On February 7, 2022, the City Council approved its first amendment to the previously-enacted
November 15, 2021 Plan (i.e., the inclusion of the Urban Rivanna River Corridor Plan). Within this
memo, we are citing to the Plan that is before you tonight, as the “November 15, 2021 Plan, as
amended”

Alignment with City Council's Vision and Strategic Plan
The Comprehensive Plan touches all aspects of the Vision statement. Areas specific to the
amendments proposed include Quality Housing Opportunities for All and A Green City.

Community Engagement
Community member participation is an important element in the Comprehensive Planning
Process. The Planning Commission, RHI team, and City staff carried out an extensive program of
community review and participation prior to the November 15, 2021 plan adoption. Outreach has
continued as part of the Zoning Ordinance project that remains underway. The Climate Action Plan
amendment request had additional extensive engagement.

There were 24 speakers at the joint public hearing held on December 13, 2022.

Budgetary Impact
No direct impacts. The Comprehensive Plan is supposed to be used as one tool to guide
development and priorities within the Capital Improvement Program and should be referenced in that
process, which is underway, and used as a reference point in establishing priorities for funding within
the CIP.

Recommendation
Approval of the attached resolution to approve the November 15, 2021 Comprehensive Plan, as
amended (including the new amendments recommended by the Planning Commission on December
13, 2022) should be adopted and re-enacted as the current adopted comprehensive plan for the City
of Charlottesville.
Suggested Motion: "I move the RESOLUTION amending and re-enacting the Comprehensive
Plan for the City of Charlottesville"

Alternatives
City Council could chose to approve the resolution with changes or deny the resolution.

Attachments
1.   RES Amend Comp Plan
2.   Council memo Comprehensive Plan -January 3 2023 - CAP and Manufactured updated