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Record of Proceedings

Albemarle County Board of Supervisors Meeting - October 1, 2025

Board of Supervisors — Wednesday, October 1, 2025
BodyAlbemarle County, Virginia
SessionBoard of Supervisors
DateWednesday, October 1, 2025
StatusFILED
Video Record
0:00 / 5:35:26

Original source
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0:00

Please to call to order the meeting of the Albeman County Board of Supervisors on the 1st of October at 1 p.m.

0:05

Lean Auditorium, McIntyre County Office Building.

0:07

I'd like to note it today as we have Supervisor Ann Malik of the White Hall District, Supervisor Ned Galloway of the Rio District, Supervisor Diantha McKeel of the Jack Jewett district, Supervisor Mike Pruitt of the Scottsville District, and myself, Jim Andrews, representing the Samuel Miller District Quorum is present.

0:23

Supervisor B.

0:24

Lapisto Kirtley of the Ravanna District has requested to participate remotely in accordance with applicable board rules of procedure, rule number eight B1D, enacted pursuant to the Freedom of Information Act.

0:34

Supervisor Lapisto Kirtley, if you're there, please state your reason for remote participation in your location.

0:43

Good afternoon.

0:44

Afternoon there, but uh morning here.

0:46

I'm in Seal Beach, California, and I am visiting family.

0:52

Okay.

0:52

I'm looking for a motion to admit Supervisor Lapista Kurtly to the meeting.

0:56

So moved.

0:57

Second.

0:58

We have a motion from Supervisor Malik, second from Supervisor Pruitt without objection if the clerk will call the roll.

1:03

Ms.

1:03

Malik, yes, Ms.

1:04

McKeel.

1:05

Oh, yes.

1:06

Mr.

1:06

Pruitt.

1:07

I.

1:08

Mr.

1:08

Andrews.

1:09

Yes.

1:09

Mr.

1:09

Galloway.

1:10

Yes.

1:11

Supervisor Lapista Kurtley, you are admitted.

1:14

Thank you.

1:15

We are also joined here by our deputy county executive, Mr.

1:18

Trevor Henry, our county attorney, Mr.

1:21

Andy Herrick, our clerk, Ms.

1:23

Claudette Morgerson, and our senior deputy clerk, Travis Morris.

1:26

Also, please let me welcome Albemaro County police officers present, Officer Hunter Harman and Caden Painter.

1:33

Uh thank you for your service today and every day on behalf of uh the people of Albemarle County for our protection, safety, and security.

1:40

If all present could now stand as you are able and join us in the Pledge of Allegiance.

1:48

I pledge allegiance.

1:51

The United States of America Republicans.

2:04

Thank you.

2:05

And if you would now please join us in a moment of silence.

2:31

Thank you, board.

2:32

Our first item, of course, as always is adoption of the final agenda.

2:35

I've heard no requested changes to the final agenda.

2:40

I must pull my minutes.

2:42

That'll be on the consent agenda.

2:43

Oh, the consent.

2:44

That's right.

2:44

Thank you.

2:45

Um looking for a motion to adopt the final agenda.

2:49

So moved.

2:50

Second.

2:51

We have a motion from Supervisor McKeel with a second from Supervisor Malik without objection if the clerk will call a roll.

2:56

Ms.

2:56

Malik, yes.

2:57

Ms.

2:58

McKeel?

2:58

Yes.

2:59

Mr.

2:59

Pruitt?

3:00

Aye.

Discussion Breakdown — Share of Meeting
Zoning And Land Use████████████████████████████28%
Public Engagement████████████12%
Affordable Housing███████████11%
Strategic Planning███████7%
Engineering And Infrastructure██████6%
Procedural█████5%
Environmental Protection█████5%
Public Safety████4%
Technology and Innovation███3%
Summary of Proceedings

Albemarle County Board of Supervisors Meeting - October 1, 2025

The Albemarle County Board of Supervisors met on October 1, 2025, from 1:00 PM to late evening in Lane Auditorium. The agenda included proclamations, public comments, a VDOT quarterly report, a data center zoning update, a work session on the AC44 Comprehensive Plan, a closed meeting for appointments, and a public hearing on structure height regulations. Key decisions included approving the structure height amendment, adjusting the future land use map for one parcel, and extensive discussion on AC44 final draft.

Consent Calendar

  • Approved the consent agenda (with the January 15, 2025 minutes pulled). Items included minutes from multiple dates, fiscal year 2026 appropriations, and various reports.

Proclamations & Recognitions

  • VACo Achievement Award presented to Albemarle County Fire Rescue for the Pharmacy Project. The award recognized innovative collaboration across departments to re-engineer medication administration. (Gage Harter, VACo; Chief Dan Eccleston)
  • Proclamation Recognizing National 4-H Week (October 5-11, 2025). The county recognized 1,800+ youth enrolled in 4-H, with a 26% increase in year-round clubs and a 60% increase in summer camp enrollment. (Sam Leech, Extension Agent)

Public Comments & Testimony

Morning Session (approx. 1:50 PM):

  • Tom Olivier (Samuel Miller) urged caution on data center ordinances, citing noise, emissions, energy consumption, climate impacts, and the need for special use permits and climate analysis.
  • Tom Loach (Crozé) questioned the consultant's land use review for AC44, noting a discrepancy between 58% and 70% density approval. He criticized the lack of analysis on the land use subsidy program, which he said cost residents ~$250 million since 1991.
  • Neil Williamson (Free Enterprise Forum) suggested removing the Future Land Use Map (FLUM) from AC44 and dealing with it separately within 24 months.
  • Christina Libre (Southern Environmental Law Center) expressed strong support for maintaining the special use permit requirement for data centers over 40,000 sq ft.
  • Doug Holliday and Dick Payne (Sweet Spot of Albemarle) requested a FLUM adjustment from industrial to community mixed-use for their parcel near the SIG property.
  • Brian Carlton (Resident) supported the pause on data center ordinance and urged permanent special use permits for large centers.
  • Emily Smith (Legal Aid Justice Center) called for ambitious affordable housing strategies, including mandatory inclusionary zoning, increased density bonuses, and dedicated funding.
  • Saive O'Flynn (Community Climate Collaborative) supported the pause, noting data center-driven gas plant proposals threaten regional health (citing a proposed 1.5 GW plant in Fluvanna County).
  • Randy Fetterman (Scottsville) warned of diesel generator noise and pollution, and argued data centers do not create significant jobs.

Evening Session (approx. 6:00 PM):

  • Dr. Mary Ann Doyle (Center for Nonprofit Excellence) invited the board to the October 16 Day of Learning and highlighted CNE’s work supporting local nonprofits.
  • Alicia Lenahan (Scottsville) urged the board to adopt an anti-ICE resolution, citing a federal judge's ruling on masked ICE agents.

Discussion Items

  • VDOT Quarterly Report (Carrie Shepheard):
    • Provided updates on projects: Route 29 shared-use path bids were too high; re-advertisement November 12. Exit 107 park-and-ride bid opening December. Fifth Street stream and hub/250-20 intersection improvements advertisement spring 2026. Route 702 (Fontaine Ave) bridge replacement begins Oct 7; single lane with signals until spring 2027. Hydraulic bundle pedestrian bridge completion Oct 31; ribbon cutting Nov 13. Four roundabouts under construction. Old Ivy Road bridge hit on Sept 29; closed indefinitely; bypass reopened same day. Stony Point Pass, Glendower Road, and other rural rustic projects completed or near completion. Board members commended VDOT's quick response.
  • Data Center Phase 2 Update (Bill Fritz):
    • Staff recommended pausing work on map and text amendments, retaining existing regulations (data centers >40,000 sq ft require special use permit). Rationale: difficulty standardizing environmental impact reviews, evolving technology, and potential state legislation. The board broadly supported the pause, though some members advocated for reviewing the 40,000 sq ft threshold and adding performance standards for smaller centers. Supervisor McKeel raised concerns about public misunderstanding of “by right” and “performance standards”; staff committed to clearer terminology.
  • AC44 Work Session (Tonya Swartzendruber, Planning Manager):
    • The board reviewed the final draft of the Comprehensive Plan, incorporating planning commission recommendations and public comments. Key discussion points:
      • Growth Management: Debate over “robust community engagement” and criteria for assessing development area boundaries. The planning commission added “potential” to criteria headings; board accepted with minor tweaks.
      • Development Area Land Use: Board discussed the “Sweet Spot” parcel request. After long debate, Supervisor McKeel moved to change designation to Office RD Flex Light Industrial (residential secondary). Motion passed 4-3 (Supervisors McKeel, Pruitt, Galloway, and LaPisto-Kirtley in favor; Andrews, Mallek, and ? Nay). The applicant had requested community mixed use; the change requires them to seek a combined comp plan amendment and rezoning.
      • Environmental Stewardship & Parks: Amendments included adding native species planting (80%), on-site stormwater preference, groundwater monitoring program, and partnerships for access to gravel roads.
      • Housing: Legal Aid Justice Center letter discussed. Board supported objectives for affordable housing for seniors, dedicated annual funding for housing investment fund, and revisiting inclusionary zoning. They opposed automatic slope ordinances waivers and resisted a mandatory inclusionary zoning trigger.
      • Cultural Resources & Community Facilities: Accepted planning commission changes, added references to the Lamb's Lane Campus Master Plan, and corrected inconsistencies.
      • Implementation/Appendices: Board acknowledged the “Big Moves” framework but questioned prioritization. Supervisor Pruitt expressed concerns about accountability. Supervisor Mallek suggested moving Big Moves to the front. No major changes adopted.
    • Staff will incorporate board feedback and present a final version for public hearing on October 15, 2025.
  • Public Hearing (Item 17):
    • TA-2025-02 - Structure Height Regulations in Industrial Districts: Proposed amendment to allow Board of Supervisors to grant special exceptions for structures exceeding 65 feet in industrial districts. Planning commission unanimously recommended approval. No public speakers. The board approved unanimously.

Key Outcomes

  • Consent Agenda: Approved as amended (pulled Jan 15 minutes).
  • VACo Achievement Award: Recognized.
  • 4-H Week Proclamation: Adopted.
  • VDOT Quarterly Report: Received; board thanked staff.
  • Data Center Pause: Board supported staff recommendation; no formal vote needed.
  • AC44 Parcel Change: Approved motion to change Sweet Spot parcel (75-48) designation to Office RD Flex Light Industrial (vote 4-3).
  • Structure Height Amendment: Ordinance adopted (unanimous).
  • Closed Meeting Actions: Certified; appointments made to Crozet CAC (Wagasal Mulham), PVCC Board (Adrian Feltz), Places29 Hydraulic CAC (Forrest Mitchell), and Places29 Rio CAC (Martha Davis, Rick Seaman).
  • Next Meeting: October 15, 2025, 1:00 PM, Lane Auditorium, for public hearing on AC44 and other business.
  • County Executive Update: Report on matters not listed deferred; closed meeting items postponed to November.

Meeting Transcript

Please to call to order the meeting of the Albeman County Board of Supervisors on the 1st of October at 1 p.m. Lean Auditorium, McIntyre County Office Building. I'd like to note it today as we have Supervisor Ann Malik of the White Hall District, Supervisor Ned Galloway of the Rio District, Supervisor Diantha McKeel of the Jack Jewett district, Supervisor Mike Pruitt of the Scottsville District, and myself, Jim Andrews, representing the Samuel Miller District Quorum is present. Supervisor B. Lapisto Kirtley of the Ravanna District has requested to participate remotely in accordance with applicable board rules of procedure, rule number eight B1D, enacted pursuant to the Freedom of Information Act. Supervisor Lapisto Kirtley, if you're there, please state your reason for remote participation in your location. Good afternoon. Afternoon there, but uh morning here. I'm in Seal Beach, California, and I am visiting family. Okay. I'm looking for a motion to admit Supervisor Lapista Kurtly to the meeting. So moved. Second. We have a motion from Supervisor Malik, second from Supervisor Pruitt without objection if the clerk will call the roll. Ms. Malik, yes, Ms. McKeel. Oh, yes. Mr. Pruitt. I. Mr. Andrews. Yes. Mr. Galloway. Yes. Supervisor Lapista Kurtley, you are admitted. Thank you. We are also joined here by our deputy county executive, Mr. Trevor Henry, our county attorney, Mr. Andy Herrick, our clerk, Ms. Claudette Morgerson, and our senior deputy clerk, Travis Morris. Also, please let me welcome Albemaro County police officers present, Officer Hunter Harman and Caden Painter. Uh thank you for your service today and every day on behalf of uh the people of Albemarle County for our protection, safety, and security. If all present could now stand as you are able and join us in the Pledge of Allegiance. I pledge allegiance. The United States of America Republicans. Thank you. And if you would now please join us in a moment of silence. Thank you, board. Our first item, of course, as always is adoption of the final agenda. I've heard no requested changes to the final agenda. I must pull my minutes. That'll be on the consent agenda. Oh, the consent. That's right. Thank you. Um looking for a motion to adopt the final agenda. So moved.

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