Albemarle County Board of Supervisors Meeting - September 17, 2025

The Albemarle County Board of Supervisors met on Wednesday, September 17, 2025, at 1:00 PM in Lane Auditorium. The meeting covered a range of topics including public comments on the Kendrick Farm fill operation, adoption of the 2026 Legislative Program, a work session on zoning fill regulations, a presentation on climate action, and a public hearing on the transient occupancy tax. The board also entered a closed meeting to discuss performance agreements and commercial developments.

Consent Calendar

• Approved by recorded vote: Consent agenda items including Huckleberry Hill Farm Utility Easement, FY25 Preliminary Year-End Financial Report, and VDOT Monthly Report (September 2025).

Public Comments & Testimony

• Earlysville Forest Residents (10 speakers): Multiple residents of the White Hall District expressed strong opposition to the special exception granted to Kendrick Farm for clean earth fill. They cited excessive dump truck traffic (50-100+ loads per day), road damage, noise, safety concerns, and diminished quality of life. They requested the board schedule an open hearing to reconsider the special exception. Videos and photographs were presented showing road damage, near-miss incidents, and a truck hitting a school bus stop sign.
• Dave Norford (Albemarle Farm Bureau): Supported the proposed agricultural exemption for fill but requested two changes: removal of the requirement for owners on private roads to give consent, and extension of the project completion period from 30 to 60 days to account for weather delays.
• Neil Williamson (Free Enterprise Forum): Opposed the proposed fill regulations, arguing they would restrict farmers' access to topsoil and violate the Right to Farm Act. He noted the regulations would limit fill to properties with access to collector or arterial roads, which would exclude many farms.
• Public Comment on Data Centers (evening session): Multiple speakers (John Smith, Tom Dale, Alicia Lenahan, Hugh Maher, Janet Wolfe, Sage Bradburn, Kelly Hart) raised concerns about proposed data center regulations. They cited potential environmental impacts, noise pollution, energy demand, tax burdens, and decommissioning costs. They urged the board to require special use permits for all data centers, limit aggregate square footage, and increase buffer zones.
• Public Comment on Immigration: Alicia Lenahan spoke against racial profiling and urged the board to adopt an anti-ICE resolution.

Discussion Items

• 2026 Legislative Program: Andy Herrick (County Attorney) presented the proposed program. The board discussed priorities including enabling localities to enforce the Virginia Landlord Tenant Act, expanding photo speed monitoring devices, a local option one-cent sales tax for school capital projects, and state funding for the Biscuit Run Park connector trail. After debate, the board voted to amend the legislative positions to include support for local enabling authority for rent stabilization (as a study) and approved the program and positions with amendments.
• Zoning Fill Regulations Work Session: Jodie Filardo (Community Development) and staff presented proposed changes to the fill ordinance. Key issues included an agricultural exemption for short-term, limited-scale fill (30-60 days, max 15 truck trips/day, 21-acre minimum), road access requirements (by-right fill must have direct access to a collector/arterial road, otherwise special use permit), and duration limits (fill lasting more than one year requires a special use permit). The board discussed private road consent, duration, and the definition of agricultural activity. No final action was taken; staff will revise based on input.
• Climate Action Presentation: Jamie Powers (Climate Action Program Manager) provided an update on greenhouse gas emissions (2022 levels still below 2030 target but rising post-COVID), the Resilience Together plan, and proposed use of $300,000 in climate action funds. Projects include residential energy improvements (LEAP/AHIP), government building energy efficiency, energy resource hub, and a climate action collaborative initiative. The board discussed the need for measurable, achievable goals and the importance of integrating climate into land use decisions.
• Transient Occupancy Tax Public Hearing: Jennifer Matheny presented an ordinance amendment to align county code with state law (HB 2383), which restricts information sharing and allows property owners to file attestations if their rentals are facilitated by intermediaries. The board adopted the ordinance.

Key Outcomes

• Adopted 2026 Legislative Program and Positions: Approved with an amendment to add support for local enabling authority for rent stabilization (vote 6-0).
• Adoption of Transient Occupancy Tax Ordinance: Approved (vote 6-0) to amend Chapter 15, Article 9.
• Consent Agenda: Approved by recorded vote.
• Closed Meeting: Motion passed to enter closed session to discuss performance agreements with Agrospheres, Inc. and a commercial development on Seminole Trail (vote 6-0). The closed meeting was certified upon return.
• No Action on Fill Regulations: The work session concluded with staff directed to revise the draft based on board feedback, with future public hearings to follow.
• Next Meeting: Adjourned to October 1, 2025, at 1:00 PM in Lane Auditorium.