HomeMy WebLinkAboutAFD202100005 Staff Report 2023-02-03t
COUNTY OF ALBEMARLE
STAFF REPORT
Project Name:
Staff. Scott Clark, Senior Planner II
AFD202100005 Totier Creek District Review
Agricultural and Forestal District Advisory Committee Meeting: June 23, 2021
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
August 3, 2021
September 3, 2021
Proposal: Periodic review of the Totier Creek AF
Comprehensive Plan Designation:
District.
Rural Areas
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When a district is reviewed, land within the district may be withdrawn at the owner's discretion by filing a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.
AFD202100005 TOTIER CREEK DISTRICT REVIEW
The Albemarle County Code currently contains this description of the Totier Creek District:
The district known as the "Totier Creek 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 121: parcels 70A, 70D, 70E, 72C, 85, 85A.
2. Tax map 122: parcels 5, 5A.
3. Tax map 127: parcel 39.
4. Tax map 128: parcels 13, 14A, 14B, 14C, 14D, 27, 29, 30, 72.
5. Tax map 129: parcels 3, 5, 6, 6A, 7A, 7D, 9.
6. Tax map 130: parcels 1, 5A.
7. Tax map 134: parcels 3, 3A, 3B, 3C, 3D, 3E, 317, 3G, 311, 3I, 3J, 3K, 3L.
8. Tax map 135: parcels 7, 10.
C. Review. The district is reviewed once every ten years and will next be reviewed prior to July
6, 2021.
The District is located in the vicinity of Esmont and Keene (see attached map), and includes 6,773 acres.
Agricultural and Forestal District Significance: Of the 6,773 acres in the Totier Creek District, 5,107 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 Totier
Creek District includes approximately 37 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 26 parcels
in the District, totaling 3,369 acres, that are under conservation easements. A total of 2,513.7 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.
Staff received the following withdrawal request after the Committee meeting:
Parcel ID
Owner
Acres
12100-00-00-08500
Lennox Land LLC
129.33
With this withdrawal, the District would include approximately 6,644 acres.
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 Agricultural -Forestal Districts Advisory Committee voted to
recommend renewal of the Totter Creek District for ten years. Staff recommends that the Planning
Commission recommend renewal of the Totier Creek District for ten years, with the requested withdrawal.
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