Albemarle County Planning Commission

November 9, 2004


The Albemarle County Planning Commission held a meeting and public hearing on Tuesday, November 9, 2004 at 6:00 p.m., at the County Office Building, Room 241, Second Floor, 401 McIntire Road, Charlottesville, Virginia. Members attending were William Rieley; Rodney Thomas, Chairman; Bill Edgerton; Cal Morris; Marcia Joseph; Jo Higgins and Pete Craddock, Vice-Chairman.  Absent was David J. Neuman, FAIA, Architect for University of Virginia (non-voting). 


Other officials present were Wayne Cilimberg, Director of Planning & Community Development; Stephen Waller, Senior Planner; Rebecca Ragsdale, Planner; Mark Graham, Director of Community Development; Yadira Amarante, Senior Planner; Amelia McCulley, Division Director of Zoning & Current Development; Allan Schuck, Engineer;  and Greg Kamptner, Assistant County Attorney.


Call to Order and Establish Quorum:

Mr. Thomas called the regular meeting to order at 6:00 p.m. and established a quorum. 


Public Hearing Items:

Review of the Moorman’s River Agricultural & Forestal District - Required 10-year review of the Moorman’s River Agricultural & Forestal District. Tax map 27, parcels 32, 34, 34A, 40, 40A, 40A1, 42, 42A; tax map 28, parcels 2, 2A, 3, 4, 5, 6, 6A, 6B, 7, 7A, 7A1, 7B, 8, 11, 12, 12A, 12B, 13, 17A, 17C, 18, 23B, 23B1, 30, 30A, 30B, 32B, 32D, 34B, 35, 35B, 37, 37A, 37B, 37C, 37D, 38; tax map 29, parcels 2C, 8, 8B, 8E, 8E1, 8H, 8J, 8K, 9, 10, 15C, 40B, 40C, 40D, 49C, 50, 54A, 61, 62, 63, 63A, 63D, 67C, 69D, 69F, 70A, 70B, 70C, 70F, 70F1, 70H1, 70K, 70L, 70M, 71, 71A, 73B, 74A, 76, 78, 79C, 80, 84; tax map 30, parcels 10, 10A, 12, 12C, 12D,17A, 18E; tax map 41, parcels 8, 8B, 8C, 8D, 9E, 15, 17C, 18, 37D1, 41C, 41H, 44, 50, 67, 67B, 68, 70, 72, 72B, 72C, 72D, 89; tax map 42, parcels 5, 6, 6B, 7, 8, 8A, 8C, 10, 10A, 10D, 25C, 25C1, 37F, 37J, 38, 40, 40C, 40D, 40D1, 40G, 40H, 40H2, 41, 42B, 42B1, 43, 43A, 43A1, 44; tax map 43, parcels 1, 2B, 3, 3A, 3C, 3D, 4C, 4D, 5, 5A, 9, 10, 17, 18, 18A, 18C, 18E4, 18F, 18G, 18J, 19I, 19N, 19P, 20A, 20B, 20C, 2l, 21A, 23A, 23D, 24, 25A, 25B, 30, 30A, 30B, 30D, 30G, 30H, 30M, 30N, 32H, 33, 33D, 34, 34A1, 34A2, 41, 42, 43, 44, 45, 45C, 45D; tax map 44, parcels 1, 2, 24, 26, 26A, 26C, 27B, 27C, 28, 29, 29A, 29D, 30, 30A, 30B, 31, 31A, 31A1, 31D, 31F, 31G; tax map 59, parcels 32, 32A, 34, 35, 82A. The district comprises a total of 10,740 acres and is located in the vicinity of Free Union and White Hall, with portions of the district bordering Route 601 (Garth Road/Free Union Road), Route 614 (Garth Road), Route 665, Route 671 (Millington Road), and Route 680 (Browns Gap Turnpike).  The area is designated as Rural Area in the Comprehensive Plan.  (Rebecca Ragsdale)


Ms. Ragsdale stated that the Moorman’s River Agricultural/Forestal District is located in the northwestern portion of the County in the vicinity of Free Union and White Hall along Garth Road, Free Union Road and Millington and a little bit around Browns Gap Turnpike, which is the western part of the district.  It is the largest agricultural and forestal district in the County with 10,740 acres.  This review is the State Code required review, which is on a ten-year review cycle.  The district was created in 1986.  It was reviewed in 1994 and it is now up for review.  The 10,740 acres is an increase from its original acreage, which was 8,000 acres.  This review is an opportunity for landowners if they chose to remove their parcels from the district. 

At this time, there have been five requests to withdraw from the district, totaling 324 acres:

·         Owner of Tax Map 42, parcels 25C and 25C1 (David J. Wood-Attachment B) has requested to remove both parcels: a 60.5-acre parcel (33 acres of which are used for agriculture and 28 acres in forestry) and a 22-acre parcel in forestry. These properties are located to the west of Decca Lane.


·         Owner of Tax Map 43, parcels 33D, 34, 34A1, and 34A2 (David E. Caton-Attachment C) has requested to remove four parcels totaling 44 acres, 22 of which are used for agriculture and 9 of which are in forestry uses. The properties are located along Free Union Road on the western side, near its intersection with Woodland Road.


·         Owner of Tax Map 29, parcel 15C (Edgar M. Bronfman-Attachment D) is requesting to remove a 70.2 acre parcel to create a 10 acre lot and then would like to add 60 acres back to the district after the subdivision is complete.


·         Owner of Tax Map 28, Parcel 37D (Kenneth Bradt-Attachment H) is requesting to remove his 22-acre parcel located at 3700 Millington Road; 20 acres of the property are used for forestry.


·         Owner of Tax Map 041, Parcel 37D1 (Kenneth Bruce) is requesting to remove his 5-acre parcel located on Garth Road.


Three requests have been made to add properties to the district totaling 192 acres:

·         Owners of Tax Map 43, parcels 16B2 and parcel 16B3 (Pelton-Attachment E) are requesting to add these parcels to the district, one is 122.4 acres and the other is 2.03 acres. The properties are located along Clay Hill Road and are under a Virginia Outdoors Foundation Easement.


·         Owners of Tax Map 29, parcel 4E (Purnell-Attachment F) are requesting to add their 12-acre parcel located on Buck Mountain Road.


That would leave 10,708 acres in the district, which would still be the largest agricultural and forestal district in the County. There are significant portions of this land under easement.  There are 2,920 acres under easement.  A lot of that land is along the Moorman’s River, of which the agricultural and forestal district is named for.  The Moorman’s River is a State Scenic River.  As far as scenic resources in the district, there is a State designated By-Way.  Also, Garth Road is designated as an Entrance Corridor. 

There are 3, 200 acres in forestry use and 3,835 acres in agricultural.  There is 284 acres in open space.  There is a small portion of 24 acres in horticulture, which part of that is the Oakencroft Winery.

The Agricultural Forestal Committee met last night and recommended renewal of the district with the proposed removal and additions.  There was one additional removal request that resulted from that meeting.  A property owner, Mr. Ken Bruce, who has five acres along Garth Road was interested in removing his land also.  This request was not included in the staff report.

Mr. Thomas asked if there were any questions for Ms. Ragsdale. 

Mr. Rieley stated that the County has no authority to keep anyone who wants to withdraw their property at this threshold from doing so. The County would certainly not want to discourage anyone who wants to put their property in the district from doing so. Therefore, the Commission’s action was pretty straight forward.  He stated that he had a request for staff concerning the graphics.  It would certainly be useful if there could be one tone used over all the properties that is in the district and then put a tone on the ones coming out that is different from the ones that are going in. 

Ms. Ragsdale pointed out that Attachment G was not color coded, but showed the parcels coming in and going out of the district with pluses and minuses.  She pointed out that the scale of the map made it difficult to read the parcel numbers, but staff would do a better job on that next time.  Since it was a larger district and includes lots of tax map quadrants, it was more challenging to try to put it all in a size and scale that could fit into your packet.

Mr. Rieley stated that the size and scale were fine on the attachment since he only wanted to be able to clearly see the general pattern of the land coming in and going out of the district.

Mr. Thomas opened the public hearing and invited public comment.  There being none, he closed the public hearing to bring the matter back before the Planning Commission for discussion and a possible action.

Mr. Craddock moved to recommend approval of the renewal of Moorman’s River Agricultural & Forestal District for the 10-year period, with the requested additions and withdrawals.


Mr. Rieley seconded the motion.


The motion carried by a vote of (7:0).


Mr. Thomas stated that the motion carried and would be heard by the Board of Supervisors on December 1.



(Recorded and transcribed by Sharon Claytor Taylor, Recording Secretary.)


Return to staff report