Albemarle County Planning Commission

June 26, 2007

 

The Albemarle County Planning Commission held a meeting and public hearing on Tuesday, June 26, 2007, at 6:00 p.m., at the County Office Building, Auditorium, Second Floor, 401 McIntire Road, Charlottesville, Virginia. Members attending were Bill Edgerton, Jon Cannon, Eric Strucko, Pete Craddock, Calvin Morris, Vice-Chairman; Duane Zobrist and Marcia Joseph, Chairman. Julia Monteith, AICP, Senior Land Use Planner for the University of Virginia was present. 

 

Other officials present were Wayne Cilimberg, Chief of Planning; Amy Arnold, Planner; Joan McDowell, Principal Planner and Greg Kamptner, Deputy County Attorney.

 

Call to Order and Establish Quorum:

 

Ms. Joseph called the meeting order at 6:00 p.m. and established a quorum.

 

Public Hearing Items:

 

AFD-2007-00001 NOTICE OF AN APPLICATION FOR ADDITION TO THE HATTON AGRICULTURAL/ FORESTAL DISTRICT

Notice is hereby given, pursuant to Title 15.2 Chapter 43, Section 15.2-4307 of the Agricultural and Forestal Districts Act of the Code of Virginia, 1950, as amended, that:

1.  An application for Agricultural and Forestal District (known hereafter as Addition to the Hatton Agricultural/Forestal District) has been filed with the Albemarle County Board of Supervisors and the application has been referred to the Albemarle County Planning Commission pursuant to Title 15.2, Chapter 43, Agricultural and Forestal Districts Act of the Code of Virginia, 1950, as amended;

2.  The application for Addition to the Hatton Agricultural/Forestal District;  together with descriptive maps, is available for public inspection in the office of the Clerk of the Board of Albemarle County, Fourth Floor, Albemarle County Office Building, 401 McIntire Road, Charlottesville, Virginia;

3.   Where applicable, any political subdivision whose territory encompasses or is part of the Hatton Agricultural/Forestal District may propose a modification.  Such proposed modification must be filed in the Albemarle County Department of Community Development within 30 days of the date that this notice is first published, (no later than 5:00 p.m., April 25, 2007)

4.  Any owner of additional qualifying land may join the application for Addition to the Hatton Agricultural/Forestal District within thirty days from the date this notice is first published (no later than 5:00 p.m., April 25, 2007) or, with the consent of the Albemarle County Board of Supervisors, at any time before the public hearing the Albemarle County Board of Supervisors must hold on the application;

5.   Any owner who joined in the application for Addition to the Hatton Agricultural/Forestal District may withdraw his land, in whole or in part, by written notice filed with the Albemarle County Board of Supervisors, at any time before the Albemarle County Board of Supervisors acts pursuant to Section 15.2-4309 of the Code of Virginia, 1950, as amended;

6.   Additional qualifying lands may be added to an already created district upon separate application pursuant to Title 15.2, Chapter 43 of the Code of Virginia, 1950, as amended at any time following such creation;

7.  The application for Addition to the Hatton Agricultural/Forestal District and proposed modifications will be submitted to the Albemarle County Agricultural and Forestal Advisory Committee.

8.  Upon receipt of the report of the Advisory Committee, a public hearing will be held by the Albemarle County Planning Commission on the application for Addition to the Hatton Agricultural/Forestal District; and any proposed modifications. (Amy Arnold)

 

Ms. Arnold presented a power point presentation and summarized the staff report.

§         The applicants are requesting to add two parcels, Tax Map 136, Parcel 2A and Tax Map 135, Parcel 14B to the Hatton Agricultural and Forestal District.  Their proposed district comprises of about 901 acres, which would bring the total of the Hatton District to 621 acres. 

§         The Agricultural and Forestal Advisory Committee at their meeting on June 4, 2007 recommended approval of the addition of Tax Map 136, Parcel 2A and Tax Map 135, Parcel 14B, located at 1200 James River Road (Route 726) to the Hatton Agricultural and Forestal District.

 

Ms. Joseph asked if there were any questions for Ms. Arnold.

 

Mr. Craddock asked if this property was near Camp Watermarks, and Ms. Arnold replied that this property was located right across the street.

 

Ms. Joseph asked the length of the term and when it expired, and Ms. Arnold replied that it was for 10 years.

 

Mr. Kamptner noted that the district was last reviewed June 20, 2001.  Therefore, there was another 4 years to go in the 10 year term.

 

Ms. Joseph opened the public hearing and invited public comment.  There being none, the public hearing was closed and the matter before the Commission.

 

Motion:  Mr. Zobrist moved, Mr. Strucko seconded, to recommend acceptance of AFD-2007-00001, Addition to the Hatton Agricultural/Forestal District in accordance with the staff’s recommendation.

 

The motion passed by a vote of 7:0.  

 

Ms. Joseph stated that AFD-2007-00001, Addition to the Hatton Agricultural/Forestal District would go to the Board of Supervisors on July 11 with a recommendation for approval.

 

 

Regarding easements, Ms. Joseph asked if staff contacts people about donating an easement when their agricultural/forestal term expires.

 

Ms. McDowell replied that staff does not do that at present, but would consider it in the future.  She suggested including it in the newsletter Ms. Arnold just started for the Agricultural/Forestal land owners.

 

Mr. Cannon suggested that it might be helpful for staff to let the people who are planning to donate an easement know that at the point they are reapplying for an agricultural district that may have an impact on their ability to donate an easement. 

 

Mr. Edgerton noted that an easement can be donated in an Agricultural/Forestal District, but when he did it he lost 9 development rights because he was in an agricultural/forestal district.  He felt that he was being punished for doing the right thing.

 

Mr. Cannon suggested that the Commission discuss this further.  There might be some flexibility.  They might be able to allow someone in an agricultural/forestal district to opt out if the sole purpose was to donate an easement.

 

Mr. Cilimberg noted that an application can be submitted to withdraw from an agricultural/forestal district at any time, but it was also noted that withdrawing does not necessarily help re-establish the development right for purposes of easement donation tax credit.

 

 

Return to staff report