HomeMy WebLinkAboutAFD200900043 Staff Report 2009-11-04COUNTY OF ALBEMARLE
STAFF REPORT SUMMARY
Project Name:
Staff: Eryn Brennan, Senior Planner
AFD2009 -43 Fox Mountain AFD - Creation
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
November 10, 2009
December 2, 2009
Proposal: Creation of the Fox Mountain
Comprehensive Plan Designation:
Agricultural and Forestal District
Rural Areas
RECOMMENDATION: That the Planning Commission recommend approval of the creation
of the Fox Mountain Agricultural and Forestal District.
Petition:
NOTICE OF AN APPLICATION FOR THE CREATION OF THE FOX MOUNTAIN AGRICULTURAL
AND FORESTAL DISTRICT
Notice is hereby given pursuant to Virginia Code § 15.2 -4307, which is part of the Agricultural and Forestal
Districts Act (Chapter 43 of Title 15.2 of the Code of Virginia, 1950, as amended (the "Act ")), that:
1. An application to create the Fox Mountain River Agricultural and Forestal District (the "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 the Act;
2. The application for this District, together with descriptive maps, is available for public inspection in the
offices of the Clerk of the Albemarle County Board of Supervisors and the Albemarle County
Community Development Department, Albemarle County Office Building, 401 McIntire Road,
Charlottesville, Virginia;
3. Any political subdivision whose territory encompasses or is part of the District may propose a
modification. Any proposed modification must be filed with the Albemarle County Planning
Commission in the Albemarle County Community Development Department within 30 days after the date
that this notice is first published (no later than October 16, 2009);
4. Any owner of additional qualifying land [not currently in a District] may join the application for the
District within thirty days after the date this notice is first published (no later than 5:00 p.m., October 16,
2009) or, with the consent of the Albemarle County Board of Supervisors, at any time before the public
hearing the Board of Supervisors must hold on the application;
5. Any owner who joined in the application may withdraw his land, in whole or in part, by written notice
filed with the Albemarle County Board of Supervisors in either office identified in paragraph 2 at any
time before the Board of Supervisors acts pursuant to Virginia Code § 15.2 -4309;
6. Additional qualifying lands may be added to an already created district upon separate application pursuant
to the Act at any time following the district's creation;
7. The application for the District and proposed modifications will be submitted to the Albemarle County
Agricultural and Forestal Advisory Committee on October 19, 2009;
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 the District, and any proposed modifications, on
November 10, 2009.
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.
2
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.
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 FOX MOUNTAIN AGRICULTURAL AND FORESTAL DISTRICT
Proposal: One application has been submitted requesting to create the Fox Mountain 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 the creation of Agricultural and Forestal Districts. The proposed District would include one
parcel and 283.77 acres. The proposed District is located east of Browns Cove (Attachment A). The district is
characterized by primarily wooded hills covered with evergreen and deciduous forest, with some open pasture.
Agricultural and Forestal District Significance: Of the 283.77 acres that comprise the proposed Fox Mountain
District, 260.74 acres are enrolled in the Forestry category of the land -use taxation program, and 23.03 are
enrolled in the Agricultural category.
Land Use other than Agriculture and Forestry: The proposed Fox Mountain District has no dwellings and is used
primarily as open space.
Local Development Patterns, parcels adjacent to the proposed District are under conservation easements
(Attachment B).
Comprehensive Plan Designation and Zoning Districts: The proposed Fox Mountain 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 proposed District are all zoned RA Rural Areas as well (Attachment B).
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;
4
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.
Environmental Benefits: The proposed 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 proposed Fox Mountain District is located in the Doyles River
watershed (Attachment B).
Time Period: The proposed Fox Mountain District would be under a 10 -year review cycle, and would be
scheduled to be reviewed by December 2, 2019.
Agricultural and Forestal Districts Advisory Committee Recommendation: On October 19, 2009, the Agricultural
and Forestal District Advisory Committee recommended approval of the Fox Mountain District for a 10 -year
period.
Staff Recommendation:
Staff recommends that the Planning Commission recommend approval of the creation of the Fox Mountain
Agricultural and Forestal District, and that the first review be conducted by December 2, 2019.
Attachments:
A. Fox Mountain District - Proposed Addition
B. Fox Mountain District - Conservation Easements & Zoning
Proposed Fox Mountain Ag For District
Attachment A
N
Legend 0 350 700 1,050 1,400
r—I Proposed District Feet
F,.
4.:'..
15 -24E 45 24A
5 -4
14 -20A
15 -2C
15 -261
15 -2A 15-2
15 -3A. • _
BL,&CKWELLS HOLLOW RD
.._.
15 -3B
15 -2B
E 15 -3
-
14 -23 14 -23A
14 -23B
15 -3E '
1,5 -5
14 -21
14 -22 14 -23C
15 -6
14 -19
k;
15 -7
14 -24
14 17
, ........
1'4 -256
.
-9
14 -25
71.
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45 -10
14 -26C
14 -26B
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1 -26A
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14 -29G
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14 -29A
14 -29L 14!29'
14- 29114 -29F 14 -28
14 -29D1 14 -29E
14 -29D 15 -11A
_1511
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'
14 -28A
;
14 -29 -S S/ 15 -12C
D
14 -29J 14 -29K
1512
15 -12A
' 14 -29B
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14 -31
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1'5 -17'
15 -13
15 -23
14 =32 _
14 -31 B'
15 -15
14 -33 15 13B
15 15A
N
Legend 0 350 700 1,050 1,400
r—I Proposed District Feet
Proposed Fox Mountain Ag For District
5 -4 ti
14 -20A
Attachment B
' R
..� .s.� 15 1 '' 6_,
-24E 45 24A
6-30 Buck
15 -2C'• 15 -261,.
15 -2A 15 -2 ` \y � , -
5 -3A
WELLS HOLLOW RD `15 3B
14_23A 14 -23B 15 -3E
1A' 21
1,4 -22 -, 14 -23C
14 -19
:5 r4
14 -24
14 -17
1'4 -25B
15 -9
14 -25 ! 4
45 -10 "
�14-26C,
I ,
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14 -26B
14 -26A
-- - _ Doy16-5 River 15 -10A,
e
14-29A1
r 1`4 -29G_�
i
14 -27
14 -29A
14 -29L 14 =29F1
14- 29114 -29F 14 -28
14-29D1 14 -29E
14 -29D 45 -11A 15 -11
14 -29C
14 28B
14 -28A -
14-'29 415-1,26
IM 5 -12C .
Y
14 -29J 14 -29K 1512
-- - -- 14 296 J `
AQ
Q
14 -31 co
O
15 -13
14 -31B 14 -32 15 -15
1
14 -33 • &i5'A
15 -136
ans R
' 1
a
Creek
Creek
N Legend
Q Watersheds 0 350 700 1,050 1,400
Conservation Easement Feet
Proposed District