HomeMy WebLinkAboutAFD201000003 Staff Report 2010-06-02COUNTY OF ALBEMARLE
STAFF REPORT SUMMARY
Project Name:
AFD2010 -3 Kinloch AFD Addition
Planning Commission Public Hearing:
June 8, 2010
Staff: Eryn Brennan, Senior Planner
Board of Supervisors Public Hearing:
July 7, 2010
Proposal: Addition to the Kinloch Agricultural Comprehensive Plan Designation:
and Forestal District Rural Areas
RECOMMENDATION: That the Planning Commission recommend approval of the addition
to the Kinloch Agricultural and Forestal District.
Petition:
NOTICE OF AN APPLICATION FOR ADDITIONS TO THE KINLOCH 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 for an addition to the Kinloch 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 addition to the 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 April 28, 2010);
4. Any owner of additional qualifying land 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., April 28, 2010) 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 May 10, 2010;
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
June 8, 2010.
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.
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Effects of an Aericultural 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.
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.
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.
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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 Am icultural 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 KINLOCH AGRICULTURAL AND FORESTAL DISTRICT
The Albemarle County Code currently contains this description of the District:
Sec. 3 -220 Kinloch Agricultural and Forestal District.
The district known as the "Kinloch Agricultural and Forestal District" consists of the following described
properties: Tax map 49, parcels 5C, 6A1; tax map 50, parcels 13, 19; tax map 65, parcels 7, 7A, 8, 84A, 86, 89,
90, 91, 91A, 92, 93A, 93A1, 94, 94A, 94B, 94C, 95, 95A, 100, 121, 121A1; tax map 66, parcels 2, 3C, IOGI, 32,
32D, 32E, 34 (Albemarle part only), 34B. This district, created on September 3, 1986 for not more than 10 years
and last reviewed on November 3, 2004, shall next be reviewed prior to November 3, 2014.
(11- 17 -93; 10 -12- 94; Code 1988, § 2.14(f); Ord. 98 -A(1), 8 -5 -98; Ord. 00 -3(3), 9- 13 -00; Ord. 04 -3(3), I1 -3 -04;
Ord. 09-3(5),12-9-09)
The District is located northeast of Cismont (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 1986, and originally included 1,326.76 acres. The District now includes 33 parcels and
1,682.953 acres.
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Agricultural and Forestal District Significance: Of the 1,682.953 acres that comprise the Kinloch District, 71.395
acres are enrolled in the Forestry category of the land -use taxation program, 264.08 acres are enrolled in the Open
Space category, and 94.699 acres are enrolled in the Agriculture category.
Land Use other than Agriculture and Forestry In addition to agricultural and forestal uses, the Kinloch District
includes approximately 42 dwellings.
Local Development Patterns: The District primarily consists of large forested parcels and large farm parcels. A
majority of the parcels in the District are under conservation easements. Several parcels in the District are also
located in the Southwest Mountains Rural Historic District (Attachment B).
Comprehensive Plan Designation and Zoning Districts: The Kinloch 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
adjacent to and abutting the parcels in the District are all zoned RA Rural Areas as well (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 Kinloch District is in the Mechunk Creek watershed (Attachment B).
Time Period: The Kinloch District is currently on a 10 -year review cycle. The District is scheduled to be reviewed
on November 3, 2014.
Proposal:
One application has been submitted requesting to add one parcel to the Kinloch 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 additions of land to Agricultural and Forestal Districts. The Kinloch Agricultural & Forestal District
was created on September 3, 1986, and was last reviewed on November 3, 2004. The District currently includes
33 parcels and 1,682.953 acres. The proposed addition of one parcel totaling 38.85 acres would increase the total
number of acres in the Kinloch District to 1,721.803.
The parcel, Tax Map 66, Parcels 3G, is located south of Gordonsville Road and north of Louisa Road
(Attachment A).
The parcel is 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 May 10, 2010, the Agricultural and
Forestal District Advisory Committee recommended approval of the proposed additions to the Kinloch
Agricultural and Forestal District.
Staff Recommendation:
Staff recommends the Planning Commission recommend approval of the proposed additions to the Kinloch
Agricultural and Forestal District.
Attachments:
A. Kinloch District — Proposed Addition
B. Kinloch District— District Characteristics
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