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HomeMy WebLinkAboutAFD202100005 Public Notification 2021-06-02County of Albemarle Community Development Department May 28, 2021 RE: Review of the Totier Creek Agricultural/Forestal District Ladies and Gentlemen: Scott Clark sc l a rk @ a l be m a rl e.o rg Telephone: (434) 296-5532 ext. 3249 This letter is to notify you, as property owners in the Totier Creek Agricultural/Forestal District, that the Albemarle County Board of Supervisors will soon be conducting a review of this district. Agricultural/Forestal Districts are voluntary conservation districts that limit the development of rural properties (see the attached brochure). In return, the Districts provide: Tax Benefits: Belonging to an Agricultural District guarantees you will have land use value taxation, provided you meet the land use eligibility requirements, if the County were ever to rescind its land use program. Community Benefits: The district safeguards the rural character of the community by preserving agricultural and forestal land. It helps to continue rural uses of the land by strengthening the community with common goals and concerns. Restrictions on Public Utilities: Districts offer some protection from eminent domain. Acquisition of land for power lines, roadways, and other infrastructure within a District is subject to a special public review process. And the expenditure of public funds for non -farm related purposes in a District is also subject to special public review process. The districts are reviewed periodically (usually every 10 years) to verify that they are still effective in protecting rural lands. When a district is reviewed, land within the district may be withdrawn at the owners discretion by filing_a written notice with the Board of Supervisors at any time before the Board acts to continue, modify, or terminate the district. Therefore, if you wish to withdraw all or part of your pr%jaty from the Totier Greek Agnes tural/Forestal District, then you must respond m writing to the Board of Supervisors at the above address (or by e-mail to me at sclark(Malbemarle.oWj before they take action If we do not hear from you, we will assume that you wish to continue in the district for another ten years. We hope you will decide to keep your property in the Totter Creek Agricultural/Forestal District. Albemarle County supports and encourages such districts as a voluntary method to protect the County's Rural Areas. Albemarle County currently has about 72,592 acres enrolled in 28 agricultural/forestal districts. Enclosed is a brochure which explains agricultural/forestal districts. Also enclosed is a map of the Totier Greek District and a list of properties currently enrolled. (Note that property remains in a district even when ownership changes.) There are three steps to the review process: The Agricultural/Forestal Districts Advisory Committee will hold an online public meeting and will make a recommendation on the renewal of the District on June 23, 2021, at 5:50 pm. Please check the Albemarle County website (www.albemarle.org for information on how to log in to this meeting. The Albemarle County Planning Commission will hold an online public hearing on the renewal of the District on August S, 2021. This public hearing will be held online. Please check the Albemarle County website (www.albemarle.ore) for information on how to log in to this meeting. The Albemarle County Board of Supervisors will hold an online public hearing, and make a final decision on whether to continue the district, on September 1, 2021. Please check the Albemarle County website (www.albemarle.org) for information on how to log in to this meeting. Please note that your pmyerty will remain in the Totier Creek Agricultural/Forestal District for an additional ten years unless you request withdrawal in writing to the Board of Supervisors at the above address before they take action on September 1.2021. If you have any questions, please do not hesitate to contact me. Sincerely, � -M. G&tk Scott Clark Senior Planner Parcels Included in the Totier Creek District: ParcellD Owner 12700000003900 BOATWRIGHT, LYNN S 13400000000310 CHARLES WM HURT JR 13400000000300 CLEARWATER MITIGATION I LLC 13500000001000 CSTOCK FARM REAL ESTATE LLC 130000000005AO DIENNER, DAVID W OR SHAWN MARIE 12200000000500 HAECKEL,STEPHEN R 129000000007DO HENSCHEL, DIETER F & SUSAN C, CO -TRUSTEES; 13500000000700 HOFMA, LINDA M, CATHERINE TAYLOR, ELIZABETH GILLETTE, 12100000008500 LENNOX LAND LLC 12900000000900 LIBERTY CORNER FARM LLC 134000000003LO LONE OAK CONSERVATION LLC 134000000003DO LONE OAK REAL ESTATE INVESTMENTS LLC 121000000085AO MARSHALL, ROBERT E, 121000000082HO SCHMIDT FAMILY LIMITED PARTNERSHIP 12900000000600 SCOTTLAND FARM LLC 12900000000300 SECOND SCHAFFT LAND TRUST; HANS H S F LAFONTAINE TRS 122000000005AO STEPHEN R HAECKEL 121000000070DO SWANBERG, GREGORY J OR JOAN M 13000000000100 TOTIER CREEK FARM LLC 121000000070EO TROXELL, ASHLEY ANNE; BROC A TROXELL, WILLIAM FRED HESS & HEATHER F H ESS 129000000006AO VITOSHA PROPERTIES LLC 12800000001300 WILDLIFE FOUNDATION OF VIRGINIA INC I IVE�,,R.y�r i i N tier CreekAFD 0 a AFD202100005 Totier Creek Review .s 1 2Miles I* Albemarle County AL AND FORESTAL DISTRI PURPOSE OF THE VIRGINIA AGRICULTURAL AND FORESTAL DISTRICTS ACT • "...to conserve and protect and to encourage the development and improvement of the Commonwealth's agricultural and forestal lands for the production of food and other agricultural and forestal products..." and "...to conserve and protect agricultural and forestal lands as valued natural and ecological resources which provide essential open space for clean air sheds, watershed protection, wildlife habitat, as well as for aesthetic purposes." (§ 15.1-1507 Virginia Code). • Enacted in 1977 with major amendments effective July 1, 1987, it grants each local governing body the authority to adopt a local ordinance to permit agricultural and forestal districts within that locality. EFFECTS OF A DISTRICT • Provides a community benefit. It is considered the best method to protect the County's rural areas, including its agricultural and forestal lands, water supplies, and other natural and scenic resources. • Provides the landowner with certain tax benefits and restrictions on public utilities and action to protect the agricultural/forestal use of the land. In exchange, the landowner voluntarily agrees to conditions which limit development of the property during the specified number of years the district in effect. Districts may only be initiated by landowners. Tax Benefits to the Landowner 1. Land in an agricultural/forestal district which otherwise meets the requirements for an agricultural or forestal use value assessment shall automatically qualify for use value assessment whether or not a local ordinance has been adopted which permits use value assessment. Albemarle County currently has an ordinance permitting all types of use value assessment. However, if the County ever were to rescind use value assessment, then only qualifying land in an agricultural/forestal district could continue to the tax benefit. 2. Land in an agricultural/forestal district is potentially eligible to qualify for all four classifications use value assessment (agricultural, forestal, horticultural and open space), provided applicable requirements are met. 3. No special assessments or taxes for sewer, water, electricity or non -farm or non -forest drainage be imposed on agricultural or forestal land on the basis of frontage; acreage, or value except for lots one-half acre or less surrounding a dwelling or non -farm structure. Restriction on Government or Public Utilities 1. Local govemments shall not enact nuisance laws or ordinances to unreasonably restrict or regulate farm structures, farming or forestry practices within a district, except for health and safety reasons. 2. The Comprehensive Plan, Zoning Ordinance, and Subdivision Ordinance are applicable within a district, subject to restrictions, which are imposed as conditions of the district. W W W.ALBEMARMORG 401 McIntire Road, North Wing, I Charlottesville, VA 22902-4579 3. Local governments shall consider the existence of a district and the purposes of the Act in local ordinances, comprehensive plans, land use planning decisions, administrative decisions, and procedures affecting parcels of land adjacent to a district. 4. State agencies shall modify their regulations and procedures to encourage the maintenance of farming and forestry in districts. 5. Any state agency, political subdivision or public service corporation which intends to acquire land or easements in excess of one (1) acre from any one farm or in excess often (10) acres from the district or which intends to advance funds for certain non -farm or non -forest purposes within a district shall notify the Board of Supervisors prior to the action. The Board shall determine the effect of the proposed state and local policy and may hold a public hearing. If the Board rejects the proposed taking of land or expenditure of funds, the agency may appeal the decision to the circuit court having jurisdiction in district. If the public service corporation is regulated by the State Corporation Commission, then the decision is appealed to that body. Restrictions on the Landowner 1. Landowners within a district are restricted by a condition that any parcel may not be developed more intensive use during the period, which it remains within a district without prior approval of Board of Supervisors. In Albemarle County, a "more intensive use" is defined as: Any use which is not permitted by right in the Rural Areas zoning district; any division of land other than a subdivision which is required to be reviewed pursuant to Section 14-208 (family division) of the County Code, and other than a subdivision having a minimum lot size of 21 acres; or any condominium development with a maximum density of more than one dwelling unit per 21 acres; and the rental of more than one dwelling unit on any parcel, other than dwelling units occupied by members of the immediate family of any of the owners of such parcels or by bona fide farm employees, together with' their respective families, if any. (§2.1-3 Albemarle County Code) This means that, during the time that a parcel is in a district, the five (5) development right lots under RA zoning may not be utilized, except for a family division. The development rights remain with the parcel, however, and may be used at such time that the parcel is no longer in a district. Divisions of parcels of a minimum of 21 acres are permitted. Existing rental units may continue to be rented new rental units must meet the requirements stated above. A special use permit may be permitted within a district if the Board of Supervisors determines that the use is compatible with the intent of the district 2. Adjacent landowners may be restricted from developing land uses which are not permitted by right and which are in conflict with adjacent agricultural/forestal uses. For example, if a rezoning or special use permit is requested for a parcel adjacent to a district, then the Board of Supervisors must consider the existence of the district in its decision. An adjacent subdivision or other use permitted by right must meet applicable zoning and subdivision requirements. QUALIFICATIONS FOR ESTABLISHING OR JOINING A DISTRICT • Any landowner may submit an application. Each district shall have a core of no less than 200 acres in one or more contiguous parcels. A parcel not part of the core may be included if its nearest boundary is within one mile of the boundary of the core, or if it is contiguous to such a parcel. There are no minimum or maximum size requirements for individual parcels. However, Albemarle County has a policy not to include residential subdivision lots in a district. • Additions may be made to an existing district following the same procedures as for the creation of a new district but no fee is required. MAKING APPLICATION W W W.ALBEMARLE.ORG 401 McIntire Road, North Wing, I Charlottesville, VA 22902-4579 • Applications must be submitted to the Clerk of the Board of Supervisors, Fourth Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia, 22902-4596. • Each application must be accompanied by (1) a USGS topographic map that clearly shows the boundaries of the district; (2) a Department of Transportation Albemarle County Highway Map that shows the general location of the district; (3) an application fee of $150 per new district. (No fee is required for an addition to an existing district nor for the scheduled review of an existing district.) • Application forms are available at the Department of Planning & Community Development, Second Floor, County Office Building. Staff is available to assist in the completion of applications and preparation of maps. PROCEDURE FOR APPROVING A DISTRICT • The Board of Supervisors refers each application to the Planning Commission for its recommendations. • The Planning Commission refers the application to an Advisory Committee (four landowners engaged in farming or forestry, four other landowners, the Commissioner of Revenue or the chief property assessment officer, and one Board of Supervisors member) for its recommendations. The Planning Commission holds a public hearing and makes a recommendation to the Board of Supervisors. • The Board of Supervisors holds a public hearing and takes action on the proposed district, specifying any conditions and the length of time before the first review (between 4-10 years). After this time period, the landowners are notified, and the Board determines if a review is necessary to modify or terminate the district. Otherwise, the district continues unchanged, and the Board, by resolution, sets the year in which the next review will occur. WITHDRAWAL FROM A DISTRICT By -right Withdrawal 1. A property owner may withdraw by written notice at any time before the Board of Supervisors acts on an application. 2. A property owner may withdraw by written notice during the time of review. 3. Upon the death of a property owner, any heir or devisee of an owner of land within a district withdraw such land upon inheritance by written notice within two years of the date of death of owner. 4. No fee is required for a by -right withdrawal Petition For Withdrawal Withdrawal from an established district may be permitted by the Board of Supervisors for "good and reasonable cause shown." 1. The property owner requesting withdrawal must make application and submit a fee of $250. The Advisory Committee reviews the withdrawal criteria and makes a recommendation to the Planning Commission and Board of Supervisors. 2. Any petition to withdraw property from a district must meet the following criteria: a. The proposed new land use will not have a significant adverse effect upon farming and/or fore, operations in the remaining balance of the district; �TiTi�iT��i�A_\� 7 ��\t•_\ 7� �•]Z� 401 McIntire Road, North Wing, I Charlottesville, VA 22902-4579 b. The proposed new land use is in compliance with the most recent approved Comprehensive Plan; c. The proposed land use is consistent with the public interest of the County (i.e., promotes the safety or general welfare of the public) and not solely to serve the proprietary interests of the requesting withdrawal; d. The proposed land use was not anticipated by the landowner at the time the property was placed in district, and there has been a change in conditions or circumstance since that time. 3. The Planning Commission holds a public hearing and makes a recommendation to the Board of Supervisors. 4. The Board of Supervisors holds a public hearing and makes a final determination. 5. If denied favorable action, the applicant may appeal the Board's decision to the Circuit Court. ADDITIONAL INFORMATION Copies of Virginia Agricultural and Forestal Districts Act and Albemarle County's Agricultural and Forestal Ordinance are available at the Department of Planning and Community Development, County Building, along with a map of all the existing districts in Albemarle County. If you have any further questions, please call the Community Development Dept. at (434) 296-5832. Amended August, 1993 �TiTi�iT��i�A_\� 7 ��\t•_\ 7� ��]Z� 401 McIntire Road, North Wing, I Charlottesville, VA 22902-4579