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Home My WebLink AboutAFD200900052 Staff Report 2009-11-04COUNTY OF ALBEMARLE STAFF REPORT SUMMARY Project Name: Staff: Eryn Brennan, Senior Planner AFD2009 -11; AFD2009 -12; AFD2009 -37; AFD2009 -46; AFD2009 -50; AFD2009 -51; AFD2009 -52; AFD2009 -64 Carter's Bridge AFD Additions Planning Commission Public Hearing: Board of Supervisors Public Hearing: November 10, 2009 December 2, 2009 Proposal: Additions to the Carter's Bridge Comprehensive Plan Designation: Agricultural and Forestal District Rural Areas RECOMMENDATION: That the Planning Commission recommend approval of the additions to the Carter's Bridge Agricultural and Forestal District. 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. 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. 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. 2 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 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. THE CARTER'S BRIDGE AGRICULTURAL AND FORESTAL DISTRICT The Albemarle County Code currently contains this description of the District: Sec. 3 -210 Carter's Bridge Agricultural and Forestal District. The district known as the "Carter's Bridge Agricultural and Forestal District" consists of the following described properties: Tax map 101, parcels 55A, 60; tax map 102, parcels 17A, 17B, 17B 1, 17D, 18, 19, 19A, 19C, 2013; tax map 111, parcel 48; tax map 112, parcels 3, 15, 15A, 16E, 16E1, 16E2, 16172, 18H, 19E, 19F, 20, 21, 33A, 37D; tax map 113, parcels 1, 1A, 6A, 11A, 11F, 11F1, 11F2, 11F3, 11G, I lG1, 11G2, 11H, 11I, 1 U, 11K; tax map 114, parcels 25A, 30, 31B, 31C, 31D, 51, 55, 56, 67C, 67D, 67E, 67F, 67G, 67H, 68, 69, 70; tax map 115, parcel 10; tax map 122, parcels 4, 4A, 6, 7, 8, 9, 10, 12, 12N, 33, 33A, 36; tax map 124, parcel 11. This district, created on April 20, 1988 for not more than ten years and last reviewed on July 9, 2008, shall next be reviewed prior to July 9, 2018. (Code 1988, § 2.1 -40); Ord. 98 -A(1), 8 -5 -98; Ord. 98 -3(1), 9 -9 -98; Ord. 99 -3(2), 2- 10 -99; Ord. 99 -3(4), 5- 12 -99; Ord. 08 -3(1), 7 -9 -08) The Carter's Bridge Agricultural and Forestal District is located in the Carter's Bridge, Keene, and Blenheim areas (Attachment A) The district is characterized by evergreen and deciduous forest, open pasture, agricultural fields, hedgerows, as well as occasional residential and agricultural buildings. The District was created in 1988, and originally included 8,036.40 acres. In 1990, 29 parcels were added, in 1997 four parcels were added, in 1999 six parcels were added, in 2005 one parcel was added, in 2007 one parcel was added, and in 2008 one parcel was added. However, during the 1998 review 13 parcels were removed, and an additional 11 parcels were removed during the 2008 review. The District now includes 75 parcels and 8,133.61 acres (Attachment B). Agricultural and Forestal District Significance: Of the 8,133.61 acres that comprise the Carter's Bridge District, 5,108.39 acres are enrolled in the Forestry category of the land -use taxation program, while 1,334.37 are enrolled in the Agricultural category. An additional 19.91 acres are enrolled in Horticulture. Land Use other than Agriculture and Forestry: In addition to agricultural and forestry uses, the district includes 41 dwellings. Local Development Patterns: The District primarily consists of large forested parcels and large farm parcels. Several parcels in the District are under conservation easements (Attachment Q. Comprehensive Plan Designation and Zoning Districts: The Carter's Bridge District is entirely designated as Rural Areas in the Comprehensive Plan, and the parcels included in the District are zoned RA Rural Areas. The parcels adjoining the parcels in the District are all zoned RA Rural Areas as well. (Attachment C). Environmental Benefits: The District includes woodland and agricultural fields. Protecting and preserving 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 Carter's Bridge District is located primarily in the Hardware River and James River -Little George Creek watersheds; however, a few parcels are located in the South Fork Hardware River watershed (Attachment C). Time Period: The Carter's Bridge District is currently on a 10 -year review cycle. The District is scheduled to be reviewed on July 9, 2018. Proposal: Eight applications have been submitted requesting to add ten parcels to the Carter's Bridge Agricultural and Forestal District, in accordance with Chapter 3, Sections 3 -101, 3 -201, 3 -203 and 3 -215 of the Albemarle County 4 Code, which allows for additions of land to Agricultural and Forestal Districts. The Carter's Bridge Agricultural and Forestal District was created on March 20, 1988, and was last reviewed on July 9, 2008. The District currently includes 75 parcels and 8,133.61 acres. The proposed addition of ten parcels totaling 492.33 acres would increase the total number of acres in the Carter's Bridge District to 8,625.94. The parcels, Tax Map 114, Parcels 57, 57C, and 57D, are located east of Eyeland Drive. The parcel, Tax Map 130, Parcel 19B, is located north of Scottsville Road. The parcel, Tax Map 123, Parcel 13B, is located south of Coles Rolling Road. The parcel, Tax Map 112, Parcel 1, is located south of Red Hill Road. The parcel, Tax Map 122, Parcels 12D and 12E, are located south of Glendower Road. The parcel, Tax Map 114, Parcel 2, is located south of Isolina Lane. The parcel, Tax Map 102, Parcel 17C, is located north of Scottsville Road and east of Red Hill Road (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. Agricultural and Forestal Districts Advisory Committee Recommendation: On October 19, 2009, the Agricultural and Forestal District Advisory Committee recommended approval of the proposed additions to the Carter's Bridge Agricultural and Forestal District. Staff Recommendation: Staff recommends that the Planning Commission recommend approval of the proposed additions to the Carter's Bridge Agricultural and Forestal District. Attachments: A. Carter's Bridge District - Proposed Additions B. Carter's Bridge District - History C. Carter's Bridge District - Conservation Easements & Zoning Carter's Bridge District- Proposed Additions uartev. Attachment A mark L an o Lan rk ° 0 4 P KS rter's idge i ge \ °o EG F PAM 4C C t is Bridge Carters ge 'Ao _ \ FS v ROLL ove GL NDO 3 _ D � E R ��• _ flier Cree -i C Z M • pl s* ;M& 1-4 t N Legend 0 1,900 3,800 5,700 7,600 Proposed Additions Agricultural and Forestal District Feet Attachment B• Carter's Bridge AF District FYepared byAlbemarle County Office of Geographic sa September 2009. • Map created by Ty Chambers September 2009. Carter's Bridge District- Conservation Easements & Zoning Attachment C iTedo C. Sou For ardware River Cart i ge �Q w ver _j rter's idge f F PAM Nv ' T TH tier Crq 4 C t is Bridge m Carters ' NDO E ; R _ N Legend Watersheds 0 1,900 3,800 5,700 7,600 Proposed Additions Agricultural and Forestal District Feet conservation Easement