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Home My WebLink AboutAFD201000001 Staff Report 2010-03-10COUNTY OF ALBEMARLE STAFF REPORT SUMMARY Project Name: Staff: Eryn Brennan, Senior Planner AFD2010 -00001 Batesville AF District Review Planning Commission Public Hearing: Board of Supervisors Public Hearing: March 16, 2010 April 14, 2010 Proposal: Periodic review of the Batesville AF Comprehensive Plan Designation: District. Rural Areas RECOMMENDATION: That the Planning Commission recommend renewal of the Batesville Agricultural and Forestal District for a period of ten years from the date of the Board of Supervisors action. Petition: Review of the Batesville Agricultural and Forestal District: Periodic (10 -year) review of the Batesville 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 70, parcels 40, 40A; tax map 71, parcels 23A, 23C, 24B, 24C, 24C1, 26, 26A, 26B, 26B1, 26B2, 26C, 27A, 29C, 29D, 29E, 29G, 29H, 29I; tax map 84, parcels 35A, 69; tax map 85, parcels 3, 3A (part), 4J, 17, 17B, 21, 21D, 21D1, 22B, 22C, 30D, 31. 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 2 to a district. 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. 8. 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 periodically reviewed by the County to determine whether the district should be continued. The Batesville Agricultural and Forestal District has been reviewed by the Board of Supervisors in ten year increments. 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 of Supervisors 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 of Supervisors 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 of Supervisors 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 91 the same conditions for the time period approved by the Board of Supervisors. If the Board terminates the district, the land within the terminated district would be subject to and liable for roll -back taxes under Virginia Code § 58.1 -3237 and the lands would no longer be subject to the benefits and obligations described in the "Effects" section above. AFD 2010 -1 BATESVILLE DISTRICT REVIEW The Albemarle County Code currently contains this description of the Batesville District: Sec. 3 -207 Batesville Agricultural and Forestal District. Review of the Batesville Agricultural and Forestal District: Periodic (10 -year) review ofthe Batesville 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 70, parcels 40, 40A; tax map 71, parcels 23A, 23C, 24B, 24C, 24C1, 26,26A, 26B, 26B1, 26B2, 26C, 27A, 29C, 29D, 29E, 29G, 29H, 29I; tax map 84, parcels 35A, 69; tax map 85, parcels 3,3A (part), 4J, 17,17B, 21,21D, 21131, 22B, 22C, 30D, 31. The area is designated as Rural Area in the Comprehensive Plan and the included properties are zoned RA Rural Areas. The Batesville Agricultural and Forestal District is located to the west of Batesville, south of Dick Woods Road, primarily west of Plank Road, and north of Craigs Store Road (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 1990, and originally included 1,015.62 acres. The District now includes 34 parcels and 1,155.338 acres. Agricultural and Forestal District Significance: Of the 1,155.338 acres that comprise the Batesville District, 766.06 acres are enrolled in the Forestry category of the land -use taxation program, and 216.11 acres are enrolled in the Agricultural category. Land Use other than Agriculture and Forestry In addition to agricultural and forestry uses, the district currently includes 22 dwellings. Local Development Patterns: The District primarily consists of large forested parcels and large farm parcels. Five parcels in the District, and many to the north and west, are under conservation easements (Attachment B). The Batesville Historic District is also located east of the district. Comprehensive Plan Designation and Zoning Districts: The Batesville District is entirely designated as Rural Areas in the Comprehensive Plan, and the parcels included in the District are zoned RA Rural Areas. Two small clusters of parcels zoned Planned Residential Development abut the northern most parcels in the district (Attachment B). 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 Batesville District is located in the Upper Mechums River watershed (Attachment B). Time Period: The District was created on May 2, 1990, and was last reviewed on March 19, 2000. The Batesville 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 4 Supervisors takes final action to continue, modify, or terminate the district. Landowners were notified of the renewal by certified mail on January 22, 2010. As of this date, no landowners have requested withdrawal. Agricultural and Forestal Districts Advisory Committee Recommendation: On February 15, 2010, the Agricultural and Forestal District Advisory Committee recommended renewal of the Batesville District for a 10 -year period until April 14, 2020. Staff Recommendation: That the Planning Commission recommend renewal of the Batesville Agricultural and Forestal District for a period of ten years from the date of the Board of Supervisors action. Attachments: A. Batesville Ag For District B. Batesville Ag For District Characteristics Batesville Ag For District Attachment 625 1,250 1,875 2; 50-D Feet Batesville Ag For District Characterists Attachment B Yell8w M u tai , L� ti s :_' •r NK Rr Yelio�v unai , $ r I FC;ST - �•, 5 1 t e�at�sville ✓ tripper Mech4ms River / _ - S�tesville A' High MOW Legend QWatersheas s Coresenraton Easement Batesvil a Historic District 0 625 1,250 1,875 2,500 Feet 7