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HomeMy WebLinkAboutAFD201200007 Staff Report 2012-10-18COUNTY OF ALBEMARLE STAFF REPORT SUMMARY Project Name: Staff. Scott Clark, Senior Planner AFD2012 -07 Blue Run AFD Review Planning Commission Public Hearing: Board of Supervisors Public Hearing: October 23, 2012 December 5, 2012 Proposal: Periodic review of the Blue Run Comprehensive Plan Designation: Agricultural/Forestal District Rural Areas RECOMMENDATION: That the Planning Commission recommend renewal of the District for another 10- ear period. 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 When a district is reviewed, land within the district may be withdrawn at the owner's discretion by filing a written notice with the Board at any time before the Board acts to continue, modify, or terminate the district.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 obligations described in the "Effects" section above. AFD 2012 -7 BLUE RUN DISTRICT REVIEW The Albemarle County Code currently contains this description of the Blue Run District: Sec. 3 -208 Blue Run Agricultural and Forestal District. The district known as the "Blue Run Agricultural and Forestal District" consists of the following described properties: Tax map 22, parcel 10; tax map 35, parcels 22, 23, 24A, 26, 26B, 26B1, 26C, 26D, 28A, 29, 31, 32A, 41A, 41E, 43; tax map 36, parcels 6A, 9, 20; tax map 49, parcels 4A1, 4A5, 24, 24A, 2413; tax map 50, parcels 5, 513, 32A, 41A, 41Q, 42A, 42A1, 43, 45B, 47, 47A, 47B; tax map 51, parcels 13, 14. This district, created on June 18, 1986 for not more than 8 years, since amended at its last review on July 10, 2002 to continue for not more than 10 years, shall next be reviewed prior to July 10, 2012. (5- 11 -94; 7- 13 -94; 4- 12 -95; Code 1988, § 2.14(d); Ord. 98 -A(1), 8 -5 -98; Ord. 01 -3(3), 8 -8 -01; Ord. 02 -3(3), 7- 10 -02; Ord. 09 -3(4), 12 -2 -09; Ord. 10 -3(3), 12 -1 -10; Ord. 11 -3(2), 7 -6 -11; Ord. 11 -3(4), 12 -7 -11) The parcels in the District are located in northeast portion of the County (Attachment A). The District was created in June, 1986, and originally included 1,185 acres. The District now includes 40 parcels and 4,219 acres. Agricultural and Forestal District Significance: The District includes soils designated as Prime, Locally Important, and Unique in the Comprehensive Plan (Attachment B). Areas that are not included in these soil types are often in steep slopes. Land Use other than Agriculture and Forestry The only other significant land uses in the District are residential uses. Local Development Patterns: The District primarily consists of open land and forest. (Attachment A). Comprehensive Plan Designation and Zoning? Districts: The Blue Run 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. Time Period: The Blue Run 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 10, 2012. As of this date, no landowners have requested withdrawal. Committee Recommendation: On October 1St, 2012, the Agricultural & Forestal Districts Advisory Committee recommended that the Planning Commission recommend renewal of the Totier Creek District for a 10 -year period. Attachments: A. Blue Run AF District -- Location B. 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