Albemarle County Board of Supervisors Regular Meeting and Public Hearings - April 17, 2024

The Albemarle County Board of Supervisors met on April 17, 2024, in a full-day session that included morning and evening segments. The board addressed proclamations, public comments, consent agenda items, action items on homestays and land use, presentations on social services and the Rivanna Futures project, and public hearings on the FY2025 budget, tax relief for elderly and disabled persons, and two rezoning cases. The meeting featured extensive board discussion, public testimony, and several unanimous votes.

Consent Calendar

• Approved minutes from July 20 and August 3, 2022.
• Scheduled a public hearing for the Rivanna Water and Sewer Authority South Fork Rivanna Water Main Crossing Easement.
• Authorized the Biscuit Run Maintenance Facility Design-Build Procurement.
• Accepted roads in the Fairhill and Old Trail Creekside 3 subdivisions into the state secondary highway system.
• Approved an ACSA easement across county-owned land near Rio Point Development.
• Received quarterly reports from the Rivanna Water and Sewer Authority and the Albemarle County Service Authority.

Public Comments & Testimony

• Morning Session (Item 7): Mary Crumbine (Scottsville District) requested a special exception to title a historic church property in a business name for a homestay. Tom Olivier (Samuel Miller District) expressed concerns about the Rivanna Futures project, questioning the need for an eight-mile defense corridor and its environmental and economic consequences.
• Evening Session (Item 18): Libby Jones, executive director of the SPCA, introduced herself and invited the board to the Bow Wow Walk fundraiser.
• Public Hearing on FY2025 Budget (Item 19): Lydia Brunk (Samuel Miller) and Gustavo Espinoza (Legal Aid Justice Center) urged increased funding for the Albemarle County Emergency Rent Relief Program (ACERP), with Espinoza presenting a petition of 272 signatures. Christy Hagen (Rivanna) and Margaret Rubin (Samuel Miller) also spoke in support of rent relief, highlighting the risks of eviction.
• Public Hearing on Elderly/Disabled Tax Relief (Item 20): No public speakers.
• Public Hearing on Cornerstone Community Church (Item 21): No public speakers (applicant presented).
• Public Hearing on Woodbrook Apartments (Item 22): Libby Jones (SPCA) raised concerns about pedestrian connectivity to the SPCA property and safety on Woodburn Road.

Discussion Items

• Proclamations (Item 6.1): The board recognized National Public Safety Telecommunicators Week (April 14-20, 2024) and the 40th anniversary of the CUA Emergency Communications Center. Board members praised telecommunicators for their professionalism and life-saving work.
• Action Items – Homestays (Items 9-11): Three special exceptions for homestays were approved unanimously. Each required a resident agent because the property owners did not reside on the premises. Discussion included concerns about the program's structure and potential for abuse, but staff noted that annual short-term rental registry updates ensure a resident agent remains on the parcel.
• Action Item – Orchard Acres Fill (Item 12): Approved a special exception to waive minimum setback and lot size requirements for two lots (0.54 and 0.46 acres) in the Orchard Acres subdivision to allow fill for building sites. The property had been filled without a permit, and the approval was needed to bring the site into compliance. Staff and DEQ found no significant wetland concerns. The vote was 7-0.
• Presentation – Department of Social Services Annual Report (Item 13): Mary McIntyre, chair of the DSS Advisory Board, presented the FY2023 annual report. Key statistics: 44% increase in SNAP recipients from pre-pandemic levels, 20% increase in CPS referrals, 591 seniors receiving services to remain independent, and 123 families per month in the family support program. The board discussed challenges including staff stability, child care desert, housing voucher utilization (20% of those needing help), and the need for foster families for LGBTQ youth. The board praised the department's work and requested additional data on voucher utilization and child care needs.
• Presentation – Rivanna Futures Update (Item 14): Trevor Henry, Deputy County Executive, and Michael Barnes, Planning Director, provided an update. The county closed on the 462-acre property in December 2023. Site readiness work is underway to achieve Tier 3 status, enabling state grant eligibility. A rezoning to Light Industrial with a special use permit is planned. The board heard about strong engagement with state and federal partners, including the Virginia National Guard, and a planned intelligence community conference in fall 2024. Supervisor Pruitt noted the importance of commuter transit for the site.
• Closed Meeting (Item 15): The board convened a closed meeting to consult with legal counsel regarding the county's authority to regulate recreational uses of Ragged Mountain Reservoir. The closed meeting was certified afterward.
• County Executive Report (Item 17): Jeffrey Richardson reported on the tragic loss of firefighter Micah Myers, FLIP solar training graduation, Red Cross partnerships, fraud investigator certifications, the county's recognition as a top employer for interns, an ICAC training, a new transportation project dashboard, the community read on climate change, and budget town halls. The board thanked staff for the town halls and discussed the value of employee town halls.
• Public Hearing on FY2025 Budget (Item 19): CFO Jacob Sumner presented the proposed $635 million budget, which included a personal property tax rate increase to $3.96 (generating $4.5 million) and a transient occupancy tax increase from 8% to 9% (generating $900,000). The general fund expenditures total $438 million, with allocations including $13 million to schools, $9.3 million to workforce and customer service, $2.4 million to safety and well-being (including HART team expansion and additional firefighters), and support for capital projects. The board discussed the revenue split with schools and the need for efficiencies. Public testimony focused on increasing emergency rent relief. The board will consider tax rates at the next public hearing on April 24.
• Public Hearing on Tax Relief for Elderly/Disabled (Item 20): The proposed ordinance amended County Code to increase the maximum annual income threshold from $83,850 to $88,800 and the net worth threshold from $250,000 to $305,000, tied to inflation and 80% of area median income. The board voted unanimously to adopt the ordinance.
• Public Hearing on Cornerstone Community Church Rezoning (Item 21): The applicant sought to rezone 3.578 acres from R-1 to C-1 Commercial for religious assembly (300 seats) and commercial uses (13,500 sq ft). The planning commission recommended approval. Proffers included stream buffer restoration, building height limits, and use restrictions. A special exception was requested to allow existing buildings to encroach into the 50-foot setback. The board amended the special exception resolution to limit it to existing structures. The rezoning and special exception were approved unanimously.
• Public Hearing on Woodbrook Apartments Rezoning (Item 22): The applicant requested to rezone 7.202 acres from R-6 to PRD Planned Residential Development for 244 multifamily units (34 du/acre). Proffers included 15% affordable housing at 80% AMI, $10,000 for a crosswalk/pedestrian signal at Berkmar Drive and Woodbrook Drive, pavement markings on Woodburn Road, and two special exceptions (waive stepback requirement and modify rear setback). The board discussed traffic, stormwater management, school impacts, and pedestrian connectivity. The planning commission had recommended approval (6-0). The board approved the rezoning and both special exceptions unanimously.

Key Outcomes

• Approved all three homestay special exceptions (unanimous votes).
• Approved the Orchard Acres fill special exception (unanimous).
• Adopted the ordinance modifying real estate tax relief for elderly and disabled persons (unanimous).
• Approved the Cornerstone Community Church rezoning and special exception as amended (unanimous).
• Approved the Woodbrook Apartments rezoning and two special exceptions (unanimous).
• Board directed staff to explore an ordinance to seek reimbursement for costs from bomb threats and terror hoaxes, with consensus to pursue.
• Scheduled next meeting for April 24, 2024 at 6:00 PM in Lane Auditorium.