Albemarle County Planning Commission

June 17, 2008

 

 

The Albemarle County Planning Commission held a meeting, work session and public hearing on Tuesday, June 17, 2008, at 6:00 p.m., at the County Office Building, Lane Auditorium, Second Floor, 401 McIntire Road, Charlottesville, Virginia.

 

Members attending were Marcia Joseph, Eric Strucko, Thomas Loach, Jon Cannon, Vice Chairman; Linda Porterfield, Bill Edgerton and Calvin Morris, Chairman. Julia Monteith, AICP, non-voting representative for the University of Virginia was absent. 

 

Other officials present were Wayne Cilimberg, Planning Director; Scott Clark, Senior Planner; Gerald Gatobu, Senior Planner; Elaine Echols, Principal Planner; Mark Graham, Director of Community Development; Lee Catlin, Community Relations Director; Bill Fritz, Chief of Current Development and Larry Davis, County Attorney. 

 

Call to Order and Establish Quorum:

 

Mr. Morris called the regular meeting to order at 6:03 p.m. and established a quorum.

 

            Items Requesting Deferral:

 

AFD-2008-00005 Moormanís River Addition

Notice is hereby given that the Albemarle County Planning Commission will hold a hold a public hearing to receive public comments regarding the addition of Tax Map and Parcel Number 05700-00-00-06900 to the Moormanís River Agricultural and Forestal District (Albemarle County Code ß 3-222) on July 8, 2008, at 6:00 p.m., in the Auditorium of the Albemarle County Office Building, 401 McIntire Road, Charlottesville, Virginia.  The parcel proposed for addition is approximately 117 acres in size and located 1.1 miles north of the State Route 240/250 intersection on Brownís Gap Turnpike.  The Albemarle County Agricultural and Forestal Advisory Committee have recommended approval of this addition.  (Scott Clark)  DEFER TO JULY 8, 2008 PLANNING COMMISSION MEETING DUE TO ADVERTISING ERROR.

 

Mr. Cilimberg noted that staff was requesting the deferral of AFD-2008-00005, Moormanís River Addition because there was an advertising error.

 

Motion:  Mr. Strucko moved, Ms. Porterfield seconded, for approval of the deferral request for AFD-2008-00005, Moormanís River Addition to July 8, 2008.

 

The motion passed by a vote of 7:0. 

 

Mr. Morris stated that AFD-2008-00005, Moormanís River Addition was deferred to July 8, 2008.

 

            Public Hearing Items

 

AFD-2008-00001 Carterís Bridge Renewal

Review of the Carters Bridge Agricultural/Forestal District: Periodic (10-year) review of the Carter Bridge Agricultural/Forestal District, as required in Section 15.2-4311 of the Code of Virginia. The district includes the properties described as Tax Map 101 Parcels 55A; Tax Map 102 Parcels 17A, 17B, 17B1, 17D, 18, 19, 19A, 19C, 20B; Tax Map 112 Parcels 3, 15, 15A, 16, 16C, 16D, 16E, 16E1, 16E2, 16F, 16F2, 16J, 17, 18H, 19E, 19F, 19G, 19H, 19I, 20, 21, 33A, 37D; Tax Map 113 Parcels 1, 1A, 6A, 11, 11A, 11F, 11F1, 11F2, 11F3, 11G, 11G1, 11G2, 11H, 11I, 11J, 11K; Tax Map 114 Parcels 25A, 30, 31B, 31C, 31D, 31E, 51, 55, 56, 67C, 67D, 67E, 67F, 67G, 67H, 68, 69, 70; Tax Map 115 Parcel 10; Tax Map 122 Parcels 4, 4A, 6, 7, 8, 9, 10, 12, 12N, 33, 33A, 36; Tax Map 124 Parcel 11. The district includes a total of 8,984 acres. The area is designated as Rural Area in the Comprehensive Plan and is the included properties are zoned RA Rural Areas. (Scott Clark)

 

AFD-2008-00002 Lanark Renewal

Review of the Lanark Agricultural/Forestal District: Periodic (10-year) of the Lanark Agricultural/Forestal District, as required in Section 15.2-4311 of the Code of Virginia. The district includes the properties described as Tax Map 90 Parcels 12, 14A; Tax Map 90B Block A Parcel 11; Tax Map 91 Parcels 21, 21A, 21B, 31; Tax Map 102 Parcels 33, 35, 35A, 35B, 35C, 37, 40, 40A, 40B, 40C; Tax Map 103 Parcels 1, 1A, 1B, 1C, 1D, 1E, 1F, 1G, 1H, 1J, 1K, 1L, 1M, 2A, 3, 3A, 3B, 3C, 3G, 5, 9, 9A, 9B, 9C, 9D, 9E, 9F, 10A, 10B, 10D, 43, 43L, 43L1, 43M, 68, The district includes a total of 5,802 acres. The area is designated as Rural Area in the Comprehensive Plan and is the included properties are zoned RA Rural Areas. (Scott Clark)

 

AFD-2008-00003 Panorama Renewal

Review of the Panorama Agricultural/Forestal District: Periodic (10-year) review of the Panorama Agricultural/Forestal District, as required in Section 15.2-4311 of the Code of Virginia. The district includes the properties described as Tax Map 31 Parcel 21E; Tax Map 44 Parcel 9A, 9C, 12, 12Q, 12X, 12Y, 12Z; Tax Map 45A Section 1 Parcel 27.  The district includes a total of 273 acres. The area is designated as Rural Area in the Comprehensive Plan and is the included properties are zoned RA Rural Areas. (Scott Clark)

 

Mr. Clark presented a power-point presentation and summarized the staff reports for all three requests.  (Attachment A Ė power-point presentation)  (See staff report.)

 

AFD-2008-00001 Carterís Bridge Renewal

 

This district currently has over 1,800 acres in it.  There is a proposed addition of 146 acres and a withdrawal of over 100 acres.  However, there will be almost 8,000 acres remaining.  The Agricultural Forestal Committee recommended renewal of this district for another ten-year period.   

 

AFD-2008-00002 Lanark Renewal

 

The Lanark District is over 1,500 acres.  The staff report indicates that there are four parcels withdrawing of a total of 193 acres.  However, since then one of the land owners of three of the four parcels has changed their mind and decided to stay in the district.  So in fact there will only be one parcel of 7.5 acres withdrawing at this point.  The Agricultural Forestal Committee recommended renewal of this district for another ten-year period.

 

AFD-2008-00003 Panorama Renewal

 

The Panorama District is a much smaller district located around the South Fork Reservoir.  It is currently 273 acres and there have been no requests for withdrawals or additions.   The Agricultural Forestal District Committee recommended the renewal of all this districts for the current ten-year period. 

 

Staff recommends approval of the renewal for all three districts for the ten-year period.

 

Mr. Morris invited questions for staff.

 

Ms. Joseph asked if the Panorama Farm was the big piece of land taken out of the district.  If so, is the property under conservation easement.

 

Mr. Clark replied that it was Panorama Farm, but he did not believe it was under a conservation easement.  He thought that one of the reasons it was withdrawn was that the owners thought it might present a conflict with the special use permit for the bike trails.

 

Ms. Porterfield asked if there is any validation of these properties to show that the properties actually do fit within the perimeters of what they need to be in each of these.  She asked if they validate them when they renew them for this ten-year period.

 

Mr. Clark replied that it is a voluntary program.  It voluntarily places restrictions on the properties rather than giving them a direct benefit.  The answer is no, they donít tend to validate what use they are in, but based on the Code they restrict their ability to subdivide.

 

Ms. Porterfield asked if it gives them any tax benefits.

 

Mr. Davis replied that it does not provide any tax benefits separate from the land use taxation program, which is available to them. But, the minimum size and use criteria to establish land use taxation would have to be met.  They would have to make a separate application if they are not already in the land use taxation program.  But, he suspected that these properties were already in land use.

 

Mr. Morris opened the public hearing and invited public comment on all three requests.  There being none, he closed the public hearing to bring the matter before the Planning Commission.

 

Motion on AFD-2008-00001 Carterís Bridge Agricultural Forestal District Renewal:

 

Motion:  Mr. Strucko moved, Mr. Edgerton seconded, to approve AFD-2008-00001, Carterís Bridge Agricultural Forestal District Renewal for a ten-year period.

 

The motion passed by a vote of 7:0. 

 

Mr. Morris stated that AFD-2008-00001, Carterís Bridge Agricultural Forestal District Renewal would go before the Board on July 9, 2008 with a recommendation for approval.

 

Motion on AFD-2008-00002, Lanark Agricultural Forestal District Renewal:

 

Ms. Joseph pointed out she was pleased that Joan McDowell spoke to the Lomnyckyjs and got them back in the district. 

 

Motion:  Mr. Strucko moved, Mr. Edgerton seconded, to approve AFD-2008-00002, Lanark Agricultural Forestal District Renewal for a ten-year period.

 

The motion passed by a vote of 7:0. 

 

Mr. Morris stated that AFD-2008-00001, Lanark Agricultural Forestal District Renewal would go before the Board on July 9, 2008 with a recommendation for approval.

 

Motion on AFD-2008-00003, Panorama Agricultural Forestal District Renewal:

 

Motion:  Mr. Strucko moved, Mr. Edgerton seconded, to approve AFD-2008-00003 Panorama Agricultural Forestal District Renewal for a ten-year period.

 

The motion passed by a vote of 7:0. 

 

Mr. Morris stated that AFD-2008-00003, Panorama Agricultural Forestal District Renewal would go before the Board on July 9, 2008 with a recommendation for approval.

 

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