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HomeMy WebLinkAboutAFD202100004 Staff Report 2023-02-03t COUNTY OF ALBEMARLE STAFF REPORT Project Name: Staff. Scott Clark, Senior Planner II AFD202100004 Hatton District Review Planning Commission Public Hearing: Board of Supervisors Public Hearing: August 3, 2021 September 1, 2021 Periodic Review of Agricultural and Forestal Districts As established in the Code of Virginia, a district may continue indefinitely, but it must be reviewed by the County not more than every 10 years to determine whether the district should be continued. Before being considered by the Board of Supervisors, a district is reviewed by the County's Agricultural and Forestal District Advisory Committee and the Planning Commission. Both the Advisory Committee and the Planning Commission provide recommendations to the Board as to whether the district should be terminated, modified or continued. Once it has received the recommendations of the Advisory Committee and the Planning Commission, the Board conducts a public hearing. After the public hearing, the Board may terminate, modify or continue the district. If the Board continues the district, it may impose conditions on the district different from those imposed on the district when it was created or last reviewed. Landowners within a district receive notice of this process, including notice of any proposed different conditions. When a district is reviewed, land within the district may be withdrawn at the owner's discretion by filing a written notice with the Board at any time before the Board acts to continue, modify, or terminate the district. New Policy for District Reviews In November, 2018, the Board directed staff to implement a plan to: Renew Districts for a five-year period, rather than for 10 years (one time). Notify landowners of parcels in reviewed districts that are enrolled in open -space use valuation but that have no development rights that: o Their parcels may be removed at the end of the five-year review period; and that o They have the option to withdraw from the open -space use valuation now to avoid roll- back taxation and fees when the parcels are removed. Therefore, staff will recommend 5-year renewal periods for districts that include parcels that are enrolled in open -space use valuation and that have no development rights. For districts with no such parcels, staff will continue to recommend the standard 10-year review period for districts. AFD202100004 HATTON DISTRICT REVIEW The Albemarle County Code currently contains this description of the Hatton District: Sec. 3-219 - Hatton Agricultural and Forestal District. The district known as the "Hatton Agricultural and Forestal District' was created and continues as follows: A. Date created. The district was created on June 29, 1983. B. Lands within the district. The district is composed of the following described lands, identified by parcel identification number: 1. Tax map 135: parcels 13, 13A, 13B, 14B, 15, 15A, 15C, 17, 18, 19, 22, 22A, 22C, 22C1, 22C2. 2. Tax map 136: parcels 2A, 613, 8H, 9 (part), 9A2, 9B, 9C, 9D1, 9E. C. Review. The district is reviewed once every ten years and will next be reviewed prior to July 6, 2021. The District is located along the James River, in the Warren area (see attached map), and includes 860.3 acres. Agricultural and Forestal District Significance: Of the 860.3 acres in the Batesville District, 821.25 acres have soils listed as particularly important for agriculture in the Comprehensive Plan. Land Use other than Agriculture and Forestry: In addition to agricultural and forestal uses, the Hatton District includes approximately 19 dwellings. (This count includes all addressable structures in the District, and so may include any barns or other large structures with addresses.) Local Development Patterns: The District consists of a mix of open land and forest. There are four parcels in the District, totaling 177.3 acres, that are under conservation easements. A total of 719.2 acres in the District are in the County's use -value taxation program, indicating that they are in agricultural, forestal, or open -space use. Comprehensive Plan Designation and Zoning Districts: The District is entirely designated as Rural Areas in the Comprehensive Plan, and the parcels included in the District are zoned RA Rural Areas. Environmental Benefits: Conservation of this area will help maintain the environmental integrity of the County and aids in the protection of ground and surface water, agricultural soils, mountain resources, critical slopes, and wildlife habitat. Withdrawal: Landowners may withdraw their parcels from districts by right during a renewal at any time before the Board of Supervisors takes final action to continue, modify, or terminate the district. Landowners were notified of the renewal by mail on May 28, 2021. Scuffletown LLC, which owns parcel 13600-00-00-00900 (86.04 acres), has requested to withdraw that parcel. The owners have stated that they intend to re join the District after dividing off a small parcel. Appropriate Review Period: The District includes no parcels that are in the Open Space tax category. Therefore the appropriate review period is ten years. Staff Recommendation: At their meeting on June 23, 2021, the Agriultural-Forestal Districts Advisory Committee voted to recommend renewal of the Hatton District for a 10-year period, with the requested withdrawal. 0 w z 0 x z J JAMES RIVERRD TAP PQ Yp m a T O I Warren - Hatton AFD Requested Withdrawal AFD202100004 Hatton District Review k 0 o.o.zs o.s E:: Miles