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Albemarle supervisors approve Clark's Tract stream‑buffer special exception after owners pledge mitigation
Summary
After public comment from the property owners and extensive questioning of staff about prior permitting and DEQ options, the Board of Supervisors approved a special exception allowing an existing accessory structure to remain in a stream buffer in exchange for a bonded 2:1 mitigation planting plan and restrictions on accessory commercial uses (vote 5–1).
The Albemarle County Board of Supervisors voted 5–1 to approve SE‑2020, allowing an existing accessory structure on 528 Clark’s Tract to remain in a designated stream buffer under strict mitigation conditions.
The decision followed public comments from the owners and their attorney. Nicole Scrow, a land‑use lawyer representing the owners, described their effort to bring the property into compliance after discovering prior unpermitted work. Owner Jeremy Kent told the board, “We’ve spent almost $100,000 at this point and we’re not even finished,” and asked the supervisors to allow mitigation rather than require demolition.
County staff and the county engineer told the board the structure is located within the water protection ordinance buffer and would not meet standard criteria if newly proposed; staff recommended mitigation tailored to the existing disturbance. The mitigation outlined by staff and reflected in conditions adopted by the board requires a 2:1 vegetative mitigation ratio (about 23,376 square feet shown in the staff exhibit), native plantings in and around impacted areas, a planting timetable, and a bond to secure installation and establishment.
Board members pressed staff on enforcement history and precedents. Supervisor Anne Malek said she was “struck by the change in tone” from the original packet and stressed the importance of consistent buffer enforcement. Staff clarified that some permits had been issued historically for other structures on the parcel but inspections were not always completed; the current request focuses on the single accessory structure and a mitigation path that staff believes can meet a narrow set of findings under the ordinance.
The approved conditions also prohibit accessory commercial uses such as homestays or short‑term rentals for the structure, establish timelines for planting and bonding, and require staff review of the mitigation plan and establishment monitoring. The motion passed 5–1; Supervisor Malek cast the lone no vote.
The county attorney and planning staff said construction and compliance monitoring will continue as the owners implement the mitigation plan; if plantings fail, the bond will be used to complete plant establishment per county standards.
