HomeMy WebLinkAboutAFD201000012 Staff Report 2010-10-27COUNTY OF ALBEMARLE
STAFF REPORT SUMMARY
Project Name:
Staff: Eryn Brennan, Senior Planner
AFD2010 -12 High Mowing AF District
Review
Agricultural and Forestal District Advisory Committee Meeting: October 11, 2010
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
November 9, 2010
December 8, 2010
Proposal: Periodic review of the High Mowing
Comprehensive Plan Designation:
District.
Rural Areas
RECOMMENDATION: That the Planning Commission recommend renewal of the District for
another 10 -year period.
Petition: Periodic (10 -year) review of the High Mowing Agricultural and Forestal District, as required in
Section 15.2 -4311 of the Code of Virginia. The district includes the properties described as Tax map 84, parcel
69A; tax map 85, parcels 33B, 39, 39A1, 39H, 41A, 41AL This district, created on January 16, 1991 for not
more than 10 years and last reviewed on June 20, 2001, shall next be reviewed prior to January 16, 2011. The
district includes a total of 661.141 acres. The area is designated as Rural Area in the Comprehensive Plan and
the included properties are zoned RA Rural Areas.
Purpose
The County's Comprehensive Plan identifies Albemarle County's Agricultural and Forestal Districts Program
(the "AFD Program ") as one of several voluntary programs available to landowners that "encourage the
protection of prime agricultural soils and working farms from nonagricultural development." The AFD
Program is an important voluntary land protection measure. By State Law and the County Code, the purposes
of the AFD Program are to:
• Conserve and protect agricultural and forestal lands for the production of food and other agricultural and
forestal products;
Conserve and protect agricultural and forestal lands as valued natural and ecological resources which
provide essential open spaces for clear air sheds, watershed protection, wildlife habitat, as well as for
aesthetic purposes; and
• Provide a means by which agricultural and forestal lands may be protected and enhanced as a viable
segment of the State and local economies, and as important economic and environmental resources.
Effects of an Agricultural and Forestal District
The placement of land in an Agricultural and Forestal District has the following effects:
1. Prohibition of development to more intensive use. As a condition to creation of the district, no parcel
within the district may be developed to a use more intensive than that existing on the date of creation
of the district, other than uses resulting in more intensive agricultural or forestal production, without
the prior approval of the Board of Supervisors. The meaning of "development to a more intensive
use" is defined in County Code § 3 -202.
2. Applicability of Comprehensive Plan and Zoning and Subdivision ordinances. The Comprehensive
Plan and the Zoning and Subdivision Ordinances apply within a district to the extent they do not
conflict with any conditions of creation or continuation of the district, or the purposes of the AFD
Program.
3. Limitation on restricting or regulating certain agricultural and forestal farm activities. The County
may not unreasonably restrict or regulate by ordinance farm structures or agricultural and forestal
practices that are contrary to the purposes of the AFD Program unless the restriction or regulation is
directly related to public health and safety. However, the County may regulate the processing or retail
sales of agricultural or forestal products or structures in accordance with the Comprehensive Plan and
County ordinances.
4. Consideration of district in taking certain actions. The County must consider the existence of a
district and the purposes of the AFD Program in actions pertaining to the Comprehensive Plan, its land
use ordinances, and other land use - related decisions and procedures affecting parcels of land adjacent
to a district.
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5. Availability of land use value assessment. Land within a district devoted to agricultural or forestal
production qualifies for land use value assessment if the requirements for such an assessment under
State law are satisfied. Placing land within a district is one of three ways in which land devoted to
open space use may qualify for land use value assessment if the requirements for such an assessment
under State law are satisfied.
6. Review of proposals by agencies of the Commonwealth, political subdivisions and public service
corporations to acquire land in district. The Board of Supervisors must review any proposal by an
agency of the Commonwealth, political subdivision of the Commonwealth, or public service
corporation to acquire land in a district. The purpose of the Board's review is to determine: (i) the
effect the action would have upon the preservation and enhancement of agriculture and forestry and
agricultural and forestal resources within the district; and (ii) the necessity of the proposed action to
provide service to the public in the most economical and practicable manner.
7. Parcel created by division remains in district. A parcel created from the permitted division of land
within a district continues to be enrolled in the district.
Prohibition of certain service- related assessments and tax levies. Land used primarily for agricultural
or forestal production may not be subjected to benefit assessments or special tax levies by a special
district for sewer, water or electricity or for nonfarm or nonforest drainage on the basis of frontage,
acreage or value. There are two exceptions: (a) the assessment or levy was imposed prior to the
formation of the district; or (b) the assessment or levy is imposed on a lot not exceeding one -half acre
surrounding any dwelling or nonfarm structure located on the land.
In general, a district may have a stabilizing effect on land use. The landowners 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, forestal or open space uses if they do not anticipate development of adjacent lands.
Periodic Review of Agricultural and Forestal Districts
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.
Unless the district is modified or terminated by the Board, the district continues as originally constituted, with
the same conditions and time period before the next review as were established when the district was created or
last reviewed. If the Board terminates the district, the land within the terminated district is subject to and liable
for roll -back taxes under Virginia Code § 58.1 -3237 and the lands are no longer subject to the benefits and
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obligations described in the "Effects" section above.
AFD 2010 -12 HIGH MOWING DISTRICT REVIEW
The Albemarle County Code currently contains this description of the High Mowing District:
Sec. 3 -216 High Mowing Agricultural and Forestal District.
The district known as the "High Mowing Agricultural and Forestal District" consists of the following
described properties: Tax map 84, parcel 69A; tax map 85, parcels 33B, 39, 39A1, 39H, 41A, 41AL
This district, created on January 16, 1991 for not more than 10 years and last reviewed on June 20,
2001, shall next be reviewed prior to January 16, 2011.
(Code 1988, § 2.14(t); Ord. 98 -A(1), 8 -5 -98; Ord. 01 -3(1), 6- 20 -01; Ord. 09 -3(4), 12 -2 -09)
The parcels in the District are located south of Batesville and roughly bound by Plank Road along the west,
Heartwood Road along the south, and Stillhouse Creek Road along the east (Attachment A). The parcels are
primarily forested with some large tracts of open space.
The District was created in 1991, and originally included 598 acres. In 2009, one parcel was added, and the
District now includes 7 parcels and 661.141 acres.
Agricultural and Forestal District Significance: Of the 661.141 acres that comprise the High Mowing District,
116.865 acres are enrolled in the Agricultural category of the Land -Use Value Taxation program, while
291.652 acres are enrolled in the Forestry category. Enrollment in these tax categories is an indicator of active
rural land uses.
Land Use other than Agriculture and Forestry In addition to agricultural and forestal uses, the High Mowing
District includes approximately 3 dwellings.
Local Development Patterns: The District primarily consists of large forested parcels. Two parcels in the
District, and many to the north, are under conservation easements (Attachment B).
Comprehensive Plan Designation and Zoning Districts: The High Mowing District is entirely designated as
Rural Areas in the Comprehensive Plan, and the parcels included in and around the District are zoned RA
Rural Areas (Attachment B).
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.
Time Period: The District was created on January 16, 1991, and was last reviewed on June 20, 2001. The High
Mowing District is currently on a 10 -year review cycle.
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. Landowners were notified of the
renewal by certified mail on September 14, 2010. As of this date, no landowners have requested withdrawal.
Agricultural and Forestal Districts Advisory Committee Recommendation: On October 11, 2010, the
Agricultural and Forestal District Advisory Committee recommended renewal of the High Mowing
Agricultural and Forestal District for an additional ten (10) year period.
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Staff Recommendation:
Staff recommends that the Planning Commission recommend renewal of the High Mowing Agricultural and
Forestal District for an additional ten (10) year period, and for the next review to occur before December 8,
2020.
Attachments:
A. High Mowing AF District
B. High Mowing AF District — Conservation Easements
High Mowing AF District Attachment A
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