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HomeMy WebLinkAboutLOD202200014 Correspondence 2022-09-07FLORA ATTORNEYS PETTIT AT LAW David H. Pettit Attorney at Law Dired:(434) 817-7972 dhp@fplegal.w- September 6, 2022 Albemarle County Community Development Attn: Francis H. McCall, CZA 401 McIntire Road — North Wing Charlottesville, VA 22902 Phone: (434) 979-1400 Fax: (434) 977-5109 53o East Main Street P.O. Box 2057 Charlottesville, Virginia 22902 Re: Oakencroft Holdings LLC — Application for Official Letter of Determination Parcel No. TM 59-32 Dear Francis: We submit herewith Application for Official Letter of Determination submitted on behalf of our client, Oakencroft Holdings LLC (the "Applicant'). Applicant seeks a determination that the uses described below with respect to the Center at Oakencroft (the "Center") constitute a permitted use by right under the Albemarle County Zoning Ordinance (the "Ordinance"), specifically as agritourism activities permitted by right under §5.158(d) of the Ordinance. The mission of Oakencroft Farm is to create a model of a Carbon Sink through the utilization of regenerative agriculture and agroforestry practices, sustainable cattle management, renewable energy, and the restoration of natural habitats. The farm will serve as an experimentation site for observing and determining the best regenerative natural systems for the local Piedmont region. In order to share this knowledge with others, an existing, outdated winery building was renovated and repurposed into a meeting and educational space (the Center) for individuals and organizations interested in regenerative agriculture, conservation, and climate change. A more complete description of the activities contemplated to be conducted at Oakencroft Farm is contained in the Business Plan attached hereto as "Exhibit A." The Center will be used as a gathering space for meetings, lectures, and other agritourism activities for community members, students, landowners, scientists, policy makers, conservationists, and tourists to visit, learn and discuss current happenings at Oakencroft Farm and in the agroforestry and conservation fields in general. The ultimate goal is for visitors to have a transformative experience where they will gain a better appreciation for the land and wildlife and become inspired by nature. The building that houses the Center consists of one conference room, three multipurpose rooms, and two outdoor spaces that can be configured for small gatherings or lectures. The Center does not contain a kitchen, only a catering room, and no meals will be cooked there. There are w Jplegal.wrn Charlottesville I Harrisonburg September 6, 2022 Page 2 four bedrooms and bathrooms located in the Center that will be used in connection with the programming at the Center when meetings are scheduled, or by visitors from out of town who have come to the farm to provide expertise or have a more intensive learning experience related to the practices of the farm. The Center will not rent out these bedrooms for any purpose that is not related to agritourism. The Center will not be rented as a wedding venue. When the Center was renovated, a geothermal heating system was installed and the building was connected to a large array of solar panels on the farm that generates the equivalent amount of energy needed for all of the buildings on the farm, thus dramatically lowering the farm's carbon footprint. As stated, Applicant seeks a determination that the proposed uses of the Center at Oakencroft Farm constitue a permitted use by right under the the Ordinance, specifically as agritourism activities permitted by right under §5.1.58(d) of the Ordinance. The activities to be conducted at the Center fit squarely within the definition of "agritourism" contained in the Ordinance — they are conducted at an agricultural operation for the purpose of educating the public and industry participants regarding traditional and innovative techniques in the fanning, agroforesty and conservation fields. Individuals interested in learning about sustainable farming practices, as well as those conducting research, teaching and policy -making in the related fields, are often on limited budgets. Providing economical onsite overnight accomodations in the Center's four bedrooms for presenters and participants is intended to encourage and facilitate attendance and participation in the programs, enhance the educational opportunity and experience for attendees, and help to attract quality presenters and participants in the programs to be conducted at the Center. It is common practice in the agritourism industry to offer overnight accomodations to visitors — a search of the term "farmstay" reveals scores of such offerings in the region. In many cases, the accomodations are offered for commercial purposes, as a recreational "farmstay." In the case of the Center, the provision of accomodations is not commercially motivated — it is an integral component of its agritourism activities described above. Listed below are some examples of other agricultural operations which combine overnight stays with their mission of demonstrating and promoting sustainable fanning techniques: The Blue Horn, Blacksburg, VA https://Www.thebluehornva.com Singing Frogs Farm, Sebastopol, CA https://www.singingfrogsfarm.com/learn Studio Hill Farm, VT https://studioh it l.farm Sagra Farms (network) https://sagrafarms.com September 6, 2022 Page 3 ABC Acres, Hamilton, MT https://abcacres.com/ma rket/ Midnight's Farm, Lopez Island, WA https://www.midnightsfarm.com Circle 7 by Fuller Farms & Fuller Field School https://www.fullerfieldschool.com Spannocchia, Tuscany, Italy https://www.spannocchia.com/spannocchia/ Eumelia, Laconia, Greece https://www.eumelia.com We believe that all of the uses proposed for the Center, including the use of the bedrooms as described above, fall squarely within the definition of agritourism uses permitted by -right under the Ordinance. Should providing overnight accomodations, while customary and commonplace in agritourism activities, be considered to be subordinate and incidental to agritourism, such use would constitute an accessory use to the permitted by -right agritourism use of the Center. We appreciate your attention to this matter. Should you have any questions, please do not hesitate to contact me at the email or number listed above. Very truly yours, aavid— W Hp6e�q . Pettit DHP/tlg Enclosures cc: Ms. Dorothy Batten 4855-1904-6960 Exhibit A Oakencroft Farm Business Plan Mission: To reawaken our connection to nature and enhance our natural resources Vision: 1 Oakencroft Farm will serve asa model of a Carbon Sink utilizing practices such as Regenerative Agriculture, Agroforestry, Habitat Restoration, Sustainable Cattle Management, and Renewable Energy to showcase a variety of techniques for sequestering carbon and improving soil and water quality. We aspire to demonstrate that regenerative natural systems are notjust environmentally viable but also economically profitable. Z The farm will produce fresh, nutrient rich fruits, nuts, wine, vegetables, food and animal products. We intend to host customers via occasional tours, wine tastings, educational events, lectures, meetings, training, and other activities inspired bythe farm's natural environment. We seek to develop mutual trust with our clients by providingthe highest quality products, services, open communication, open doors, and by conducting our business in an ethical way. 3 Oakencroft Farm will bea regenerative farming experimentation site for observing and determining best practices for the local Piedmont region. We intend to share our observations and practices with local landowners, students, teachers, scientists, conservationists, policy makers, and other interested community members. We also seek to develop a profitable business model that could be replicated elsewhere. 4 Oakencroft's Center will provide inspiring meeting and learning spaces wherE community members, youth, business leaders, land owners and managers can interact and share ideas. Our ultimate aspiration is for visitors to have a transformative experience at Oakencroft, where they gain a better appreciation for the land and wildlife and become inspired by nature. Carbon Farming Carbon Farming is a way to reduce Greenhouse Gas emissions and capture and hold carbon n vegetation and soils. It is the holistic and synergistic management of land, water, plants and animals to promote Landscape Restoration, Climate Change Mitigation, and Food Security. It seeks to reduce emissions in its production processes, while also increasing production and sequestering carbon in the landscape. Practices usedto promote carbon farming include: • Maximum groundcover (no bare earth) • Rotational Grazing management • No -till cropping • Pasture cropping • Mulching • Green manure • Stubble retention • Cover cropping • Precision application (fertilizer) • Natural fertilizers • Soil inoculants (probiotics) • Soil stimulants • Composting • Compost teas • Silvopasture • Fire management • Albrecht soil mineral balance • Natural Sequence Farming • waterspreading • Keyline Planning • Subsoil ploughing • Permaculture • Biodynamics • Biochar • Activated clays • Agroforestry • Dung Beetles • Landsmanship • Rumen inoculants • Low methane animal genetics • Methane -reducing feed supplements • Manure management The benefits of Carbon Farming include carbon sequestration, reduced erosion and soil loss, improved soil structure, increased soil fertility, reduced soil salinity, more nutrient rich soils and vegetation, increased water retention in soil, greater water efficiency, increased biodiversityof plant, bird, bug, and wildlife, and increased buffering against flooding and drought. Objectives Primary • Research and develop successful climate sequestration strategies • Regenerate the landscape • Establish practical regenerative farming techniques such as agroforestry, silvopasture, permaculture and alleycropping • Be financially sustainable l: Secondary • Create a healthy and abundant environment for family, friends, and community members • Inspire visitors to have hope about Climate Change solutions • Create an open and supportive space for sharing and learning • Showcase regenerative land management practices that enhance the natural habitat and its resources and provide food production • Provide an experiential education and meeting center for landowners, conservationists, students, and other community members that promotes ecological awareness and inspiration from nature Main Enterprises • Vineyard, orchard, and wine production • Wine tasting and sales (to limit retail traffic, we anticipate very restricted hours and tasting visits by appointment only) • Livestock (currently 70 cows and possibly sheep and chickens in future) • Farm products (possibly Beef, Free RangeChicken, Honey, Eggs, Vegeta b les, Herbs and oils, Preserved foods, Jams, Dried fruits, Nuts...) • Meetings, Workshops, Lectures, stimulating Conversations • Educational and extra -curricular Classes and Activities inspired by Nature and Play; Nature Walks, Birding, iThriveGames Performance Indicators • Good Farming and Building Design • Increase inflora andfauna diversitythroughoutthefarm, measured byourown observations and periodic assessments from regional experts • Increase insoil organic matter (SOM) andsoil organiccarbon (SOC) which arethe lifeblood of the soil and everything above it • Nutrient rich, biodiverse and productive land and habitats • Great working team • Good organization and competence • Good reputation • Quality products and services • Inspiring, friendly, open, inclusive environment • Stimulating conversations, events, lecturers, workshops, meetings • Fun and engaging experiences • Positive attitude, inspiring Hope • Strong ties with local community 3 • Customer motivation and engagement to adopt new practices • Customer satisfaction • Continuous improvement, adaptability, and fluidity • Visionary decisions • Responsible and sustainable financial practices Agroforestry Oakencroft is in the planning phase of a 10-acre Pecan and Walnut orchard with Native Warm Season Grass (NWSG) alleys between the rows of trees. This production dynamic is called Alleycropping and will produce edible nutsfrom thetrees and habitat and livestock hayfrom the NWSG alleys. As the trees will need 8-10yearsto begin producing nuts, this system allows farmers to produce a usable and/or marketable product from the alleys between the trees until they start producing an annual nut crop. The system makes sense in our context as the trees are a perennial source of food that continually sequester carbon and the NWSG will increase fauna diversity (Bobwhite Quail) while providing a perennial source of high nutrient livestock feed and high level of carbon sequestration. We will plant a multitude of Pecan and Walnut cultivars suited to the Piedmont region to see which do well in our local environment so asto inform others who are interested in growingthese trees. The nuts can be marketed as fresh, processed into oils and incorporated into healthy snack bars. Silvopasture Oaken croft is in the planning phase of converting a 10-acre livestock pasture into avaried use silvopasture. The upland planting of this paddock will re -colonize the pasture with a mix of Oaks, Hickories, Walnuts, Black Locust, Honey Locust, Persimmon, Hackberry and Spicebush that will provide additional shade and fodder to liv stock, pollinator forage, wildlife habitat, and carbon sequestration. The lowland field will expand the forested riparian and wetland zone by way of allowing volunteer Sycamore, Black Walnut, and Button Brush to grow while interspersing plantings of Black Locust, Tupelo, Willow, River Locust, Alder, Elderberry, and others. These plantings will provide the same benefits as the upland planting but in a wetland/lowland context. The middlethird of the pasture will be planted with species that are more livestock (Cattle, Sheep, and Chickens) centric than the other two areas. The species planted in this area will include Mulberry, Honey Locust, Tulip Poplar, Black Locust, and yet to be determined varieties. The trees will provide shade, medicinal value, and alternative high qualityfeedforthe livestock. Additionally, this 10-acre segment ofthe larger30-acre pasture will inform our decision making on planting means/methods and species selection when the time comes to plant the other 20 acres. Develop and design tree planting systems for: 0 Water Conservation -Trees conserve soil moisture by reducing evaporation from the sun and wind. • Erosion Control -Well designed systems incorporating diversity in planting species prevents the soil from drying out and becoming less permeable to water penetration. • Herbicide Elimination- With weed growth inhibited you can eliminate herbicide applications by cycling nutrients back intothe ground through mulching. • Windbreaks -Will reduce effects of heatwaves and frost. Will also slow down water evaporation rate. • Species Selection --Research of the climate, geological and soil structure around the Piedmont area will determine the habit and vigor of local Species. Avariety of large, medium, fast and slow growing species will be planted overtime for nut and fruit production, carbon sequestration, Riparian stabilization, shade for livestock, biochar, fuel and/ortimber. • Design and placement of tree systems will relate to soi I type, nutrient flows and water availability, which will be informed byconsultants. • Tree systems will be designed to be integrated with animal systems. • Variety of tree species will be selected to increase bird, insect, and wildlife, which Animals will be important in controlling pests and disease on the farm through the introduction ofbiodiversity. Types of Trees and plants being considered: Nitrogen fixing trees, Wind buffers, Aquatic and edge plants for Lake, dam and streams, Fruit and nuttrees, Bee fodder tree and plant species, forage hedgerow species, conservation grasses, and reforestation trees Holistic, fast rotation grazing of cows (currently) and possibly sheep (future) Incorporate animal management into permaculture design Animal fencing infrastructure isflexibletoallowforfast rotation and minimal disturbance to the habitat • Attention to animal nutrition management, feeding & health: Forage/fodder selection, feeding evaluation, temperature and seasonal changes related to fodder, shade and shelter. Fencing & Boundaries Oakencroft hasa blend ofaffordable, lightweight, effective electricfencingoptions for both permanent divisions and moveable in -paddock cells that are used in Holistic Management and Fast Rotation Livestock Grazing. This design of fencing allows for maximizing function and flexibility while minimizing cost. We installed more durable fencing on perimeters of the farm and grazing area. Installation of fencing and watering stations on the farm ensures that livestock are kept out of streams and water sources. Forthis, Oaken croft received the 2019 Clean Water Farm Award in November 2019 from the Virginia Department of Conservation & Recreation. Extensive numbers of trees are being planting along Riparian buffers for soil and erosion stabilization, water absorption and storm water management. Vineyard & Orchard A vineyard was established on Oakencroft Farm in the 1980's and several varieties of wine have been produced there over the years since. Previous owners reduced the size of the vineyard to five acres to include onlythe more hardy hybrid red and white grape varietals, which are more resilient to the pests and fluctuating climate of Central Virginia. Although some pest management and fertilization remains necessary due to local conditions, the farm is experimenting with holistic farming and permaculture practices to reduce the use of chemicals: New hybrid grape varietals are being planted that require less maintenance. Within the fenced vineyard acreage, the farm is also experimenting with permaculture that involves planting a layered system of fruit trees interspersed with shrubs and crops, all which are perennial, with notilling required. The food garden (and possibly a future greenhouse) will be located adjacent to the vineyard and orchard. Food Production Food production can bedivided into three main areas, each one utilizing a different agricultural technique: • Fruit and plants in orchard: Bio-intensive farming to maximum yields from minimum area of land while sustaining the fertility of the soil • Animals: Rotational grazing toallow pasture paddocksto "rest" andforage plants to renew energy reserves, rebuild vigor, deepen their root system and provide longer - term production, so that both the land and animals gain more nutrients • Nuts & forage: Alleycropping (as described above) for synergistic sequestration of carbon and nutrients, increased wildlife habitat and fodder for animals 0 Compost Compost is a vital elementfor soil life and plant health providing the perfect habitatfor high diversities of beneficial soil organisms, which work to break down organic matter and minerals, making them into plant available nutrients. Compost acts as a sponge to hold moisture longerand has a great water infiltration rate,which prevents run-off duringheavy rains. Leavesand other organic plant materials arecollected to useascompostandto create Biochar. Occasional spreading of poultry litter may also be applied tofields. Biochar Biochar is a charcoa I -like substance that is made by burning organic material from agricultural and forestry wastes (also called biomass) in a controlled process called pyrolysis. Biochar is produced using a specific process to reduce contamination and safely store carbon. During pyrolysis organic materials, such as wood chips, leaf litter or dead plants, are burned in a container with very little oxygen and as the materials burn, they release little to no contaminatingfumes.The energyor heatcreated during pyrolysiscan becaptured and used as a form of clean energy. In the process of making biochar, the unstable carbon in decaying plant material is converted into a stable form of carbon that is then stored in the biochar. When biochar is applied to the soil, it stores the carbon in a secure place for potentially hundreds or thousands of years. The feedstocks that were used for making biochar would have released higher amounts of carbon dioxidetothe atmosphere iftheywere leftto decompose naturally. By heatingthe feedstocks and transforming their carbon contentinto a stable structurethat doesn't react to oxygen, biochar technology ultimately reduces carbon dioxide in the atmosphere. The pyrolysis process is modeled after a 2,000-year-old practice in the Amazonian basin, where indigenous people created areas of rich, fertile soils called terra preta (meaning "dark earth"). Biochar is useful for soil remineralization because it prevents the loss of nutrients in compost material and promotes microbial activity and beneficial organisms, which in turn accelerate the composting process. Some of the ways that biochar can improve soil quality: • enhancing soil structure • increasing water retention and aggregation • decreasing acidity and ammonia • reducing nitrous oxide emissions • improving porosity • regulating nitrogen leaching • improving electrical conductivity • improving microbial properties 7 Fire Maintenance Useofcontrolled burnssupervised bythe Departmentof Forestryto reduce invasive plant species and stimulate soil health Soil Lab Testing 1 Soil PH test 2 Soil Fertility andSoil Chernistrytests to determine lacking elements and to seta benchmark to test against inthefuture. 3 Use of soil evaluation to determine the planting of most appropriate native tree and plant species for each habitat Energy • Solar Photovoltaic Panels provides electricity output for all buildings and wells • Geothermal Wells integrated into heating and air conditioning systems • Backup Generators with propane gas tanks • Electric vehicle charging stations (future) • Biofuel for farm vehicles (experimenting now) • Biochar - Pyrolysis heat/energy production (future) Buildings & Infrastructure • Tractor Barn and Wine makingfacility • Wine Tasting Barn and Farm office Meeting/Workshop Center (with 3 meeting rooms and 4 bedrooms) Rainwater tanks for collection of water from building roofs 3 wells and pumps Water treatment systems Cattle watering stations in pastures Farm Manager's house Owner's home and garage Animal working pen and shelter Lake with a recently rebuilt and refortified dam 3 New bridges Composting material collection site Parking (open paved and grass spaces) and resurfaced roads withStormwater H Management infrastructure • Cottage (possible future addition -for staff) • Green House (future) Small outdoor pavilion (possible future addition -for programing) Local Resources: Potential future arrangements with nearby markets, restaurants, nurseries and landowners to collect: Food scraps forcomposting Sources for bio-fertilizer and bio-fuel • Wood chips and leaves to use as mulch and for compost • Tree branches from landowners to use as rough mulch and biochar • Weeping willow branches to use as root stimulant • Manure from nearby cow farms, and poultry litter from other farms • Rock dust from nearby quarries • Other organic materials Local labor sources Partners Current: Virginia Forage and Grassland Council Virginia Association of Biological Farming Virginia Polytechnic Institute Center for Urban Habitats Bodhi Land and Design Potential Future Partners: Albemarle County Environmental Services Division University of Virginia Piedmont Environmental Council The Nature Conservancy National Sustainable Agriculture Coalition Ecological Restoration Business Association Preservation Virginia Sustainable Forestry Initiative The Traditional Native American Farmers Assoc. Virginia Conservation Network RegenAg The Savory Network Rodale Institute Soil Capital Soil Foodweb Institute The Carbon Underground The Ecological Farming Assoc. International Biochar Initiative The Wildlife Foundation of Virginia The VA Outdoors Foundation E