HomeMy WebLinkAboutAFD200700001 Approval - County 2007-07-11 _ hloF
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Kenneth C.Boyd COUNTY OF ALBEMARLE David L.Slutzky
Rivarma Rio
Office of Board of Supervisors
Lindsay G.Dorrier,Jr. Sally H.Thomas
Scottsville 401 McIntire Road Samuel Miller
Charlottesville,Virginia 22902-4596
Dennis S.Rooker David C.Wyant
Jack Jouett (434)296-5843 FAX(434)296-5800 White Hall
July 11, 2007
Heidi and Stanislaw Sokolowski
1200 James River Road
Scottsville, VA 24590
Dear Mr. and Mrs. Sokolowski:
I am writing to thank you for your participation in the Hatton Agricultural/Forestal District. These
districts are a vital part of our efforts to protect Albemarle's farmlands, forests, and rural way of life.
The districts enable Albemarle government to determine what areas of the county are serious about
supporting that rural way of life so we can make more appropriate land-use decisions. The districts
also reassure rural landowners that there are enough other landowners with similar interests to
create a critical mass of support. Although there are not many tangible benefits to the landowners,
the intangible support for rural values is crucial in shaping the future of Albemarle County.
The program could not exist without you and your fellow District members. Your commitment to
protecting our County's rural areas is greatly appreciated.
As you know, the Hatton Agricultural/Forestal District was recently reviewed by the Board of
Supervisors. On July 11, 2007, the Board added your property to the District. Of course we welcome
new additions to the Districts at any time. If you have neighbors who are interested in joining a
District, please have them call Amy Arnold in our Community Development Department at 296-5832
ext. 3386.
Thank you again for your participation.
Sincerely,
Kenneth C. Boyd
Chairman
KCB/ewj
cc: Amy Arnold
Stephanie Mallory
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Printed on recycled paper
ORDINANCE NO. 07-03(1)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 3, AGRICULTURAL AND
FORESTAL DISTRICTS, ARTICLE II, DISTRICTS OF STATEWIDE SIGNIFICANCE,
DIVISION 2, DISTRICTS, OF THE CODE OF THE COUNTY OF ALBEMARLE,
VIRGINIA.
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that
Chapter 3, Agricultural and Forestal Districts, Article II, Districts of Statewide
Significance, Division 2, Districts, of the Code of the County of Albemarle, Virginia, is
hereby amended and reordained as follows:
By Amending:
Sec. 3-215 Hatton Agricultural and Forestal District.
Chapter 3. Agricultural and Forestal Districts
Article II. Districts of Statewide Significance
Division 2. Districts
Sec. 3-215 Hatton Agricultural and Forestal District.
The district known as the "Hatton Agricultural and Forestal District" consists of
the following described properties: Tax map 135, parcels 13, 14B, 15, 15A, 17, 18, 19,
22, 22A, 30 (part); tax map 136, parcels 2A, 9B. This district, created on June 29, 1983
for not more than 10 years and last reviewed on June 20, 2001, shall next be reviewed
prior to June 29, 2011.
(Code 1988, § 2.1-4(a); Ord. 98-A(1), 8-5-98; Ord. 01-3(1), 6-20-01; Ord. 07-3(1), 7-11-
07)
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct
copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County,
Virginia, by a vote of six to zero, as recorded below, at a regular meeting held on July
11, 2007.
Ewa
Clerk, Board of County Supervisors
Ave Nay
Mr. Boyd Y
Mr. Dorrier Y
Mr. Rooker Y
Mr. Slutzky Y
Ms. Thomas Y
Mr. Wyant Y
AFD 2007-01: PROPOSED ADDITION TO THE HATTON AGRICULTURAL&
FORESTAL DISTRICT
Staff Contact: Amy Arnold
Planning Commission Public Hearing: June 26,2007
Board of Supervisors Public Hearing: July 11,2007
NOTICE OF AN APPLICATION FOR ADDITION TO THE HATTON AGRICULTURAL/
FORESTAL DISTRICT
Notice is hereby given, pursuant to Title 15.2 Chapter 43, Section 15.2-4307 of the Agricultural
and Forestal Districts Act of the Code of Virginia, 1950,as amended,that:
1. An application for Agricultural and Forestal District (known hereafter as Addition to the
Hatton Agricultural/Forestal District) has been filed with the Albemarle County Board of
Supervisors and the application has been referred to the Albemarle County Planning Commission
pursuant to Title 15.2,Chapter 43,Agricultural and Forestal Districts Act of the Code of Virginia,
1950, as amended;
2. The application for Addition to the Hatton Agricultural/Forestal District; together with
descriptive maps, is available for public inspection in the office of the Clerk of the Board of
Albemarle County, Fourth Floor, Albemarle County Office Building, 401 McIntire Road,
Charlottesville,Virginia;
3. Where applicable, any political subdivision whose territory encompasses or is part of the
Hatton Agricultural/Forestal District may propose a modification. Such proposed modification
must be filed in the Albemarle County Department of Community Development within 30 days
of the date that this notice is first published,(no later than 5:00 p.m.,April 25,2007)
4. Any owner of additional qualifying land may join the application for Addition to the Hatton
Agricultural/Forestal District within thirty days from the date this notice is first published (no
later than 5:00 p.m., April 25, 2007) or, with the consent of the Albemarle County Board of
Supervisors, at any time before the public hearing the Albemarle County Board of Supervisors
must hold on the application;
5. Any owner who joined in the application for Addition to the Hatton Agricultural/Forestal
District may withdraw his land, in whole or in part, by written notice filed with the Albemarle
County Board of Supervisors, at any time before the Albemarle County Board of Supervisors acts
pursuant to Section 15.2-4309 of the Code of Virginia, 1950,as amended;
6. Additional qualifying lands may be added to an already created district upon separate
application pursuant to Title 15.2, Chapter 43 of the Code of Virginia, 1950, as amended at any
time following such creation;
7. The application for Addition to the Hatton Agricultural/Forestal District and proposed
modifications will be submitted to the Albemarle County Agricultural and Forestal Advisory
Committee.
8. Upon receipt of the report of the Advisory Committee, a public hearing will be held by the
Albemarle County Planning Commission on the application for Addition to the Hatton
Agricultural/Forestal District; and any proposed modifications.
Purpose: The Agricultural and Forestal Districts program is an important voluntary protection
measure utilized in the County. It is enabled by state law and adopted by the Board of Supervisors
in Chapter 3 of the County Code. Through the program, rural land is safeguarded and the
County's policy goal of protecting"Albemarle's agricultural and forests as a resource base for its
agricultural and forestry industries and for related benefits they contribute towards the County's
rural character, scenic quality, natural environment, and fiscal health" is implemented. The
purpose of an Agricultural and Forestal District is further expanded in the County Code, adding
that agricultural and forestal lands should be protected as valuable natural and ecological
resources which provide essential open space for clean air sheds, watershed protection, wildlife
habitat, as well as for aesthetic purposes.
Effects of a District:
1. The District provides a community benefit by conserving and protecting farmlands and
forest; environmental resources such as watersheds, air quality, open space, and wildlife
habitat; and scenic and historic resources.
2. The State Code stipulates that the landowner receive certain tax benefits*, and
restrictions on public utilities;and government action (such as land acquisition and local
nuisance laws) to protect the agricultural/ forestal use of the land. In exchange, the
landowner agrees not to develop the property to a "more intensive use" during the
specified number of years the district is in effect.
*Since Albemarle County currently permits all four categories of use value
assessment, a district designation may not provide any additional real estate tax
deductions. Land in a district is protected from special utility assessments or
taxes.
3. The State Code stipulates that, "Local ordinances, comprehensive plans, land use
planning decisions, administrative decisions and procedures affecting parcels of land
adjacent to any district shall take into account the existence of such a district and the
purposes of this chapter." The district may have no effect on adjacent development by-
right, but could restrict proposed rezonings or uses by special use permit which are
determined to be in conflict with the adjacent agricultural/ forestal uses. Districts must
now be shown on the official Comprehensive Plan map each time it is updated.
In general, a district may have a stabilizing effect on land use. The property owners in the district
are making a statement that they do not intend to develop their property in the near future, and
that they would like the area to remain in agricultural, forestal, and open space uses. Adjacent
property owners may be encouraged to continue agricultural uses if they do not anticipate
development of adjacent lands. Currently,there are 24 agricultural/forestal districts in the County
containing approximately 64,000 acres.
THE HATTON AGRICULTURAL AND FORESTAL DISTRICT
The Albemarle County Code currently contains this description of the District:
Sec.3-215 Hatton Agricultural and Forestal District.
The district known as the "Hatton Agricultural and Forestal District" consists of the following
described properties: Tax map 135, parcels 13, 15, 15A, 17, 18, 19, 22, 22A, 30 (part); tax map
136, parcel9B. This district, created, on June 29, 1983 for not more than 10 years and last
reviewed on June 20,2001,shall next be reviewed prior to June 29, 2011.
(Code 1988, § 2.1-4(a); Ord.98-A(1), 8-5-98;Ord. 01-3(1),6-20-01)
The Hatton Agricultural and Forestal District is located to the west of the town of Scottsville,
beyond the intersection of Route 726 and Route 625. (Attachment A) The surrounding context is
comprised of evergreen and deciduous forest,open pasture, agricultural fields,hedgerows,as well
as occasional residential and agricultural buildings. Scattered throughout the area are several
farm/storm water ponds and local streams. The southernmost boundary of the district includes
the CSX railroad tracks and the banks of the James River. Approximately 2,035 acres were
withdrawn from the district in July of 1995. Since the creation of the district, 146 acres were
added to the district in 1998. Landowners may withdraw their parcels from districts by right
during a renewal at anytime before the Board of Supervisors takes final action to continue,
modify, or terminate the district.
Agricultural and Forestal District Significance: Of the 641.417 acres that comprise the Hardware
District, 200.858 acres are enrolled in the Forestry category of the land-use taxation program
while 410.849 are enrolled in the Agricultural category. A patchwork mosaic of mixed species
forests and agricultural fields comprise the overall character of the land use patterning.
Land Use other than Agriculture and Forestry: In addition to agricultural and forestry uses, the
district includes some scattered residences.
Local Development Patterns: Open pasture, agricultural fields, mixed species forest, hedgerows,
farms, and stretches of river bottom land currently characterize the district. At present there are
not any substantial residential developments on near-by parcels, although a large tract of land,
formerly included within the Hatton District, has been subdivided for residential development.
Comprehensive Plan Designation and Zoning Districts: The Hatton District is located within
Rural Area 4 of the Comprehensive Plan; all parcels within the district are zoned RA (Rural
Areas).There are no Development Area land use designations located near-by.
Environmental Benefits: The Hatton District is located in the Middle James River Basin, with its
southernmost boundary located on the banks of the James River, within the James River
watershed. The District includes woodland, agricultural fields and rich James River bottom land.
(Attachment B: 10 foot contours and critical slopes) Keeping these properties in an Agricultural
and Forestal District will help protect forest and rich farm land, which the Comprehensive Plan
and Rural Areas Zoning Ordinances seek to preserve. 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, and wildlife habitat. The District is located adjacent to the Totier
Creek water supply watershed and is located within the Piedmont groundwater province.
Time Period: The Hatton District is currently on a 10-year review cycle.
Proposal:
The applicant is requesting to add two parcels to the Hatton Agricultural and Forestal District, in
accordance with Chapter 3, Sections 3-101, 3-201, 3-203 and 3-215 of the Albemarle County
Code, which allows for additions of land to Agricultural and Forestal Districts. The Hatton
Agricultural & Forestal District was created on June 29, 1983, was last reviewed on June 20,
2001, and currently includes 641.417 acres. The proposed addition of two parcels totaling 91.057
acres would increase the total number of acres in the Hatton District to 732.474.
The parcels,Tax Map 136,Parcel 2A and Tax Map 135, Parcel 14B, are located near the town of
Scottsville at 1200 James River Road(Route 726)west of its intersection with Hatton Ferry Road
(Route 625)in the Scottsville Magisterial District.(Attachment A)
The parcels are zoned Rural Areas with agricultural, forestal, and fishery uses as the preferred
land use and includes a residential density of.5 unit per acre. The Comprehensive Plan identifies
these parcels as Rural Areas; focusing on the preservation and protection of agricultural, forestal,
open space, and natural, historic and scenic resources, including a residential density of.5 units
per acre.
Staff Recommendation:
Staff recommends the Agricultural and Forestal District Advisory Committee recommends
approval of the proposed addition to the Hatton Agricultural and Forestal District.
Attachments:
A. Hatton District: location and proposed addition
B. Hatton District: 10' contours, critical slopes, and 100 year floodplain
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