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HomeMy WebLinkAbout1999-11-10 (Afternoon)STAFF PERSON: JOINT WORK SESSION OF PLANNING COMMISSION AND BOARD OF SUPERVISORS: MARY JOY SCALA NOVEMBER 10, 1999 ALBEMARLE COUNTY COMPREHENSIVE PLAN REVIEW OF CHAPTER FOUR, THE RURAL AREA LAND USE PLAN SUMMARY AND RECOMMENDATIONS Staffhas prepared an outline for the .review of the new Chapter Four of the Comprehensive Plan, The Rural Area Land Use Plan. This staff report includes Background information, a proposed Organization of Chapter Four, a Summary_ of Mai or Issues, and a proposal for the Review Process and Public Participation. Staff requests that the Planning Commission and Board of Supervisors review the staffs proposal and provide comments and guidance. The result of this work session should be a consensus on the staff's general outline for review of the Rural Area chapter, including issues to study further, and the public participation process. An important first step in the review process is to adopt a County vision for the Rural Area. BACKGROUND: PUTTING CHAPTER FOUR IN CONTEXT A Rural Area Land Use Plan is a new concept for Albemarle County'.s Comprehensive Plan. The 1989 Plan did not contain a chapter devoted to Rural Area issues. In that Plan, Rural Area issues were discussed in Chapter Two under "Agricultural and Forestal Resources," and in Chapter Three under "Rural Development," and "Growth Management." The new Rural Area Land Use Plan is intended to emphasize that the Rural Area has planning issues equal in importance to those in the Development Areas, and has a distinct purpose and intent. History of Comprehensive Planning for the Rural Area The attached Concise History of Comprehensive Planning (ATTACHMENT~I) provides some background on the evolution of the Rural Area of the Plan for your information. The Growth Management policy and delineation of areas for conservation and agriculture were established with the .first Plan in 1971. Rural Areas zoning was adopted December, 1980, in response to increased rural development and watershed protection concerns. It replaced the A-1 Agricultural (2-acre minimum) zoning with the more restrictive RA, Rural Areas which allowed five (2-acre minimum) development rights and 21-acre minimum parcels. The 1989 Comprehensive Plan included a major policy change which gave the preservation of agricultural and forestry resources highest priority over other Rural Area elements. The Open Space Plan, adopted in 1992, defined major systems of open space in the Rural Area, including mountains, stream valleys, farmlands/forests, and cultural features. Beginmng a review of the Comprehensive Plan in 1994, the Board decided to pursue Growth Area development issues before tackling the Rural Area discussion. In March, 1999, Chapter Two of the How can the County support and promote agricultural and forestry activities ? (Review the Agricultural/Forestry Industries Support Committee recommendations, ATTACHMENTD.) What are potential land use conflicts? Does intensive agriculture require supplementary regulations? What land uses are appropriate in agricultural/forestal districts? (Define criteria for more intensive uses in agricultural/forestal districts.) Should iand use taxation be linked to agricultural/forestal districts? Other Rural Area Land Uses This section will discuss land uses other than agriculture and forestry_, particularly commercial uses. Topics to be discussed are: What uses are appropriate? Which threaten the County's vision of the Rural Area? Which complementary, and/or supportive uses allow needed flexibility? What criteria, such as location of such uses, is needed to guide special use permits? Examples: Farmers' market Recreational activities Home occupations Rural/ag service uses such as tack shops Tourism-related uses Nurseries and greenhouses Executige offices, retreats Country stores, craft shops Weddings and other events scheduled on a regular basis Adaptive uses in historic structures or crossroads villages Rural Area Implementation Techniques This section will summarize development trends in the Rural Area and will propose implementation techniques to help achieve the stated vision Data will be provided to support the current description/characteristics of the Rural Area, such as: - TJPDC Build Out StUdy data Census data Amount/distribution of: home occupations, subdivisions, special use permits, rezonings, land use taxation, ag/for districts, farms/forestry uses Development trends topics to be discussed are: What are the current trends? What are development trends in adjacent localities? (Discuss need to coordinate rural plans on a regional basis.) Consider analyzing RA by geographic areas based on topography, density or other characteristics i.e., Garth Road, Woodridge, Batesville. Implementation topics to be discussed are: Zoning: Rural Areas zoning has been in place, substantially unchanged, for 20 years ~ is it doing what we thought it would accomplish? Does the Rural Area require greater protection? Is residential activity the primary threat? Are the current zoning map and zoning ordinance consistent with the Comprehensive Plan? Subdivision: What are we encouraging with current regulations? Consider family divisions, rural divisions, driveway standards, private roads, rural preservation developments. Voluntary programs: What is the role of conservation easements, purchase of development rights, agricultural/forestal districts? How can the County encourage voluntary methods? Promotion of agricultural/forestal activities: What should the County's role be? What are the complementary, and/or supportive uses that enable the maintenance of agricultural/ forestry activities? Consider combining the promotion of ag/forestal activities with promotion of voluntary programs? Mountain protection: Are natural resource protection, scenic values and public safety issues (emergency access, debris flows) being addressed? Implementation techniques in other localities: what techniques are other localities using that Albemarle could benefit fi:om? Consider holding a "summit" of other counties with similar Rural Area issues to share solutions (Consider doing this as part of the visioning process.) SUMMARY OF MAJOR ISSUES FOR FUTURE STUDY 1. Rural residential development potential - the need for, and method of adjusting, development potential in the Rural Area. Discuss practical and achievable alternatives such as reducing number of development rights and/or 21 acre parcels (establish minimum 42 acre parcel size?) or other options such as: sliding scale, two rural districts, "time release" subdivision or subdivision phasing methods. 2. Existing Rural Area regulations - how do existing regulations relate to a Rural Area vision and the overall County Growth Management Policy (including Development Area initiatives). Do existing zoning, subdivision and water protection regulations encourage the vision we are seeking? 3. Rural Area uses permitted and criteria to guide special use permits - uses to support the vision. Which uses are appropriate, in what locations, and under what conditions? 4. Relationship of Rural Area uses to provision of water and sewer service and water resource protection. Are current development policies and regulations sufficiently protecting / conserving water supplies (surface and groundwater)? 5. DISC issues - Rural Area task force recommendations. The Interim Report of the Development Area Initiatives Steering Committee dated February 6, 1999 included important findings and strategies related to the Rural Area. See ATTACHMENT D. 6. Promotion/coordination of voluntary programs. How can the County be more proactive in encouraging voluntary methods? What is the best way to coordinate promotion of agricultural/forestal districts, conservation easements, purchase of development rights? What land uses are appropriate in agricultural/forestal districts ? Should land use taxation be linked to agricultural/forestal districts? 7. Mountain protection - reconsideration in relation to the Rural Area review. The Board of Supervisors at its meeting on August 5, ! 998 tabled the proposed Mountain Overlay District and related provisions. The Board directed staffto review the mountain provisions as part of the Comprehensive Plan review of the Rural Area. Chapter Two of the 1996 Plan, adopted last March, 1999, contains a section on "Mountains," including a description of mountains by contour interval. Having this section in the Plan is important to guide land use decisions. However, by- right subdivision and building activity is occurring increasingly in the mountain areas. There are still questions regarding how adequately natural resource protection, visual quality and public safety issues are being addressed in the mountain areas. 8. Villages - issues are providing utilities and setting firm boundaries. Should the issue of village development be revisited? How should existing crossroads/historic villages, and possible new villages be addressed in the Rural Land Use Plan? What is the relation of rural service uses/special use permits to villages? 9. Housing Action Plan recommendations - March 1, 1995. The Albemarle County Housing Committee has recommended two strategies that should be discussed due to implications for Rural Area policy: "Consider additional villages and permit more flexibility in development requirements for villages," and "Permit the use of alternative systems for water and sewage systems." THE REVIEW PROCESS/PUBLIC PARTICIPATION Staff believes public input is an important component of the Comprehensive Plan review process. As a general approach, for the review of the Rural Area, staff opinion is that the County's normal practice of providing open work sessions with the Planning Commission is an appropriate and efficient method of receiving public input, provided sufficient notification processes are established. A concerted effort will be made to provide notices through Planning Commission agenda posting; the County website; and mailing list. Public hearings will be scheduled at appropriate times to receive public input. An important first step in the review process is to reach agreement on a County vision for the Rural Area. Staff recommends that the Planning Commission should focus initially on establishing a vision for the Rural Area through a public participation process, perhaps holding work sessions or charettes to hear from the public regarding the future of the Rural Area. The visioning process should be publicized, and the public should be given opportunity to respond in writing, through the intemet, and at public hearings (possibly joint public heatings) before the Planning Commission and Board of Supervisors. After the Board adopts a vision for the Rural Area, then the Planning Commission should proceed with work sessions which address other sections of the Rural Area chapter. The result of this evening's work session should be a consensus on the staffs general outline 'for review of the Rural Area chapter, including issues to study further, and the public participation process. ATTACHMENT A PAGE 1 A CONCISE HISTORY of COMPREHENSIYE PLANNING in ALBEMARLE COUNTY March, 1995 This summary is intended to provide background information and the reasoning for Albemarle County's revisions of the Comprehensive Plan. A review of the history of planning and zoning in Albemarle County shows a consistent effort to direct development to designated Growth Areas and to restrict growth and development of the Rural Area. Albemarle County's first Comprehensive Plan was adopted in 1971, with major revisions in 1977, 1980, 1982, and 1989. The 1971 Plan by Rosser Payne anticipated high growth and a projected population of 185,000 by 1995. This growth was to be accomodated in an urban area, five communities, and fourteen villages, all served with central utilities. The rural area was intended to absorb only 5,000 additional persons within the 20 year term of the Plan. The first revision of the Plan was adopted October 19, 1977. For this revision, goals adopted in 1971 were still found acceptable, but with a shift in emphasis to favor preserving the heritage of Albemarle County as much as possible. Population estimates for the year 2000 were scaled down to about 100,000 persons. The urban ring was reduced in size, and only two of the five , original communities (Hollymead, Crozet) were retained as urban areas. Seven major villages were priortized for development importance, and seven other villages identified. Central utilities were no longer planned for villages. The proposed capacity of the rural area remained at 5,000 additional population for the design year. Watersupply watershed protection was becoming a concern at this time, following the 1975 Betz study of the South Fork Rivanna Reservoir. In the early 1970's, water quality problems in the reservoir included excessive blooms of blue-green algae, dissolved oxygen depletion, taste and odor problems, and occasional fish kills. An emergency moratorium on development was imposed in August, 1975, while a committee met to recommend development controls. In September, 1977, in response to recommendations in the 1977 Water Quality Management Study qf the South Rivanna Rese..rvoir and Tributary Area report, a Runoff Control Ordinance was adopted by the Board of Supervisors, applicable in all watersupply watersheds. This ordinance was the first step in implementing the recommended watershed management plan. In July, 1977, a Report on A!te.rn.ative Water Supply Source, concluded that the only viable alternatives were: 1) expansion of the South Fork Rivanna Reservoir by adding flashboards; 2) development of the Buck Mountain system as a supplement to the South Fork Rivanna Reservoir; or 3) Development of the James River and abandonment of the South Fork RiVanna Reservoir. In 1978, the Board of Supervisors rezoned all publicly owned properties within watersupply watersheds (except school sites) to a conservation district designation. Due to the significant impact of both the Morton's Frozen Foods processing plant and the lack of septic systems in sections of Crozet on the water quality in the South Fork Rivanna Reservoir, a $5.3 million sewer interceptor was constructed from the Moore's Creek interceptor to Crozet. The decision was made not to allow access to the Crozet sewer interceptor between Crozet and the Urban Area. To alleviate non-po int source discharge from the Crozet Community, the Lickinghole Creek Sedimentation Basin was proposed. In 1980, detailed Growth Area Land Use Plan amendments to the 1977 Comprehensive Plan ATTACHMENT A PAGE 2 were adopted, including plans for the seven Urban Area Neighborhoods, the Communities of Hollymead and Crozet, and the six Villages of Ivy, North Garden, Stony Point, Scottsville, Earlysville and Piney Mountain. One important effect of these amendments was to remove all land from the Urban Area which was also located within the South Fork Rivanna Reservoir watershed. Language presented with these amendments noted the importance of directing growth into the Growth Areas in order to 1) pieserve the rural character of the County, and 2) promote efficient, cost-effective, and environmentally sound delivery of services such as roads, water and sewer. In August, 1980, a moratorium on development in the Buck Mountain Creek watershed was enacted. The moratoriUm remained in place until agreement was reached between the City and County regarding the extent of land necessary to be purchased for the future impoundment, and the means of financing the purchases. In December, 1980, a comprehensive rezoning of the County was adopted, with the issue of rural zoning provisions dominating the deliberations. The'Rural Areas District replaced the A-1, Agricultural District which had been in place since zoning was begun in 1968, and which permitted unlimited minimum two acre residential lots. The new RA District regulations permitted a maximum of five development right lots, minimum two acres per parcel. The remaining acreage could be further divided into minimum twenty-one acre parcels (based on twenty acres minimum to continue to qualify for all categories of use value taxation, and a one acre house site), with one dwelling per parcel. Additional houses would require special use permit approval based on criteria. Between 1980 and 1986, only 14 additional lots received approval. A major revision of the. Comprehensive Plan was accomplished in 1982, and adopted in January, 1983. The I982 Plan continued to emphasize the goal of directing growth into the Urban Area, Hollymead and Crozet Communiites, and the six Villages established in the 1980 amendments. Population projections were again scaled back to 92,850 persons for the year 2002. The population distribution percentages were very similar to those in the previous Plan: Urban Area 38% Communities 35% Villages 14% Rural Area 13% The 1982 Plan took the 1980 amendments a step further in the removal of additional water supply watershed properties from Growth Areas. Areas in Crozet, Scottsville, Earlysville, and Ivy were changed from a Growth Area to a Rural Area land use designation. Crozet and Ivy, both located entirely within water supply watersheds, were scaled back. In Crozet, the Growth Area was planned to drain into the proposed Lickinghole Creek Sedimentation Basin. In addition to water supply watershed protection, other major goals of the 1982 Plan were: to preserve the County's pri~e and important farmlands and forestal areas; to conserve the County's natural, scenic, and historic resources; and to support the growth management policy through efficient and COst-effective transportation, public utility, and public service/facility provisions. Implementation of these goals relied on continued protection of the Rural Area. In 1983, the water supply watershed areas removed from Crozet,-Earlysville, Ivy, and Scottsville ATTACHMENT A PAGE 3 in the 1982 Plan (one hundred fifty-six properties representing over 1,000 acres) were rezoned to PA, Rural Areas. Also in 1983, the Board of Supervisors amended the Albemarle County Service Authority jurisdictional area boundaries to conform to the Growth Areas of the 1982 Comprehensive Plan. The County's policy for provision of public water and sewer is the most apparent attempt to direct growth tlu'ough public service restrictions. An important example of this is the decision not to allow access to the Crozet interceptor in the Rural Area. An ordinance to create agricultural and forestal districts in Albemarle County was enacted in 1983. Since then the Board of Supervisors has created 22 districts totalling more than 73, 600 acres in order to protect and promote agricultural and forestal activities in Albemarle County. In an effort to promote cooperation in planning and development efforts, the City, Albemarle County, and UVA established the Planning and Coordination Council (PACC) in 1986. A joint "Memorandum of Understanding" adopted by the three jurisdictions established as a task oft he Council the coordination of neighborhood plans in "Area B.' To date, plans have been completed for the Lewis Mountain, JPA/Fontaine Avenue, and Blue Ridge Hospital/Rt. 20 South neighborhoods, and the Milton Airport site. The most recent review of the Plan adopted on July 12, 1989 placed renewed emphasis on encouraging development within the Growth Areas, as well as discouraging residential development within the Rural Area. Growth Area development was to be supported through budget decisions for the appropriate provision of transportation, public facilities and public utilities. The population projection for the year 2000 was 81,310. The Plan noted that the amount of by-right Rural Area residential development which continued to occur was compromising the intent of the Plan. Rural Area development was averaging more than 50 percent of the total County residential growth since 1984, and rose to 65 percent in 1987. In response to this trend, highest priority was given to preserving agricultural and forestal activities as the primary land use in the Rural Area, rather than residential development. The rural preservation development (RPD) strategy was devised to help preserve acreage for agricultural and forestal uses. Also, the Plan recommended revision of the special use permit criteria for additional lots, and elimination of special use permits for additional lots within water supply watersheds. Preservation of agricultural and forestal activities was given the highest priority above the other major Rural Area elements: water supply.protection, conservation of natural, scenic, and historic resources, and limited service delivery. The reason for this important change in emphasis was that agriculture and forestry not only provided economic benefits, but also supported the other Rural Area objectives, and that loss of this resoUrce base could permanently alter the County's economic base and natural environment. Other important changes to the 1989 Plan included adding groundwater protection to the water resources goal, the 'deletion of Ivy Village (due to its location in the South Fork Rivanna watershed) and the deletion of Stony Point yillage (due to lack of both utilities and development interest). The status of Scottsville in the Plan was changed from a Village to a Community. The Rivanna Village was added as a Growth Area five months after the adoption of the 1989 ATTACHMENT A PAGE 4 Plan. It is served by a package treatment plant on Carroll Creek near the Rivanna River, and a public water line from the Urban Area which is sized to serve only the Village and Stone Robinson School. The capacity of the line was intentionally limited in order to protect the scenic/historic resources between the Village and the Urban Area. In addition, future expansion of the Village was prohibited north of Rt. 250, west of Rt. 22, and south of the R.ivanna River. Subsequent to the adoption of the 1989 Plan, most of the items on the Action Agenda of the Plan have been addressed, including: the Public Facilities Plan (sections adopted June, 199 I; July, 1992; and December, 1993), Open Space Plan (adopted July, 1992), Criteria-Based Rating System and Transportation Plan, Utilities Master Plan study (ongoing), Agricultural/Forestal Industries Support Committee (recommendations accepted by the Board February, 1994), Housing Committee (a housing strategy has been prepared, and a new standing committee formed to implement the strategy), and Water Resource Committee (ongoing and currently working on consolidation or water resources ordinances). The Engineering Department is having conducted stormwater studies in the Moore's Creek and Meadow Creek watersheds, and is developing a County-wide stormwater program. Although the County has not addressed the Historic Preservation Committee, a citizen committee presented a proposal for a historic ordinance to the Board in 1992. The Planning Commission deferred review of the ordinance in, order to spend time on housing issues. In t 989 the Zoning Ordinance was amended to include the RPD as an alternative to conventional development in the RA District. The Public Recreational Facilities Authority was created to accept open space easements in rural preservation developments. It was later authorized to accept other private, permanent, conservation easements under the Virginia Open Space Land Act. The 1993 Development Activity Report indicated a major shift in the distribution of residential activity from the Rural Area to the Growth Areas. Rural Area development averaged only 34 percent of the total County residential growth between 1989 and 1993, in sharp contrast to the 50 percent average figure reported in the 1989 Plan. The economic development goal was amended June, 1993. A new economic development policy including a revised goal, and new 0.bjectives and strategies was adopted March, 1995. In 1994 the Town of Scottsville annexed approximately 848 acres from Albemarle County, including the area previously designated as the Scottsville Community Growth Area. Adjacent land within the Hatton Agricultural/Forestal District was not annexed. A small area within the Totier Creek Reservoir watershed was annexed, including the Scottsville Shopping Center and nearby commercial areas. The Neighborhood 3 Plan was accepted by the Board December, 1993. The Crozet Community Plan was accepted by the Board February, 1995. A five-year review of the Plan commenced March, 1994 and is expected to be completed early in 1996. ATTACHMENT B PAGE 1 March 22, 1994 CHAPTER TWO Agricultural and Forestal Resources Promote the continuation of a viable agricultural and forestal industry and resource base. OBJECTIVE: Protect the County's agricultural and forestal lands through land use regulations and promotion of voluntary techniques. Strategy: Further restrict residential development in the Rural Areas (See Rural Development section of the "Developed Environment" Chapter 3, page 203.) Status: The Zoning Ordinance Rural Areas District was amended 11-8-89 to: 2. 3. 4. Amend the Statement of Intent to reflect the Comprehensive Plan goal regarding rural development; Add the Rural Preservation Development provision; Eliminate the special use permit for additional lots in water supply watersheds; Tie the special use permit criteria for additional lots to the goals and objectives of the Comprehensive Plan. Strategy: Emphasize in all ordinance and policies the priority of agricultural and forestal activities over residential activities in the Rural Areas in order to discourage nuisance conflicts. status: The Zoning Ordinance Rural Areas District was amended to reflect this priority. Ail staff report recommendations reflect this priority. Strategy: Make the permitted uses of the Rural Areas zoning district consistent with the intent of the Rural Areas policies and strategies. Status: Motels and restaurants by ~pecial use permit were removed. PuDlic garage by special use permit was removed, then restored. Permanent fairgrounds and farmers markets should be considered for inclusion. Certain agricultural uses by special use permit may be more appropriate by-right. New State legislation may severely limit local authority to impose conditions on agricultural/forestai users. Strategy: Actively promote and support voluntary techniques such as agricultural/forestal districts, conservation easements, and financial incentives. Responsibility should be given to a County staff person to coordinate and administer voluntary efforts, investigate additional conservation techniques and incentives, and to promote agricultural/forestal activities. Status: Voluntary techniques are encouraged by staff, but not actively promoted through outreach efforts. Additional conservation techniques have been inv. estiga~ed through the Open Space Plan. The Rural Preservation Development is a Strategy: Status: Strategy: Status: Strategy: Status: Strategy: Status: Strategy: ATTACHMENT B PAGE 2 March 22, 1994 voluntary development which requires a permanent easement to conserve valuable resources. Encourage Best Management Practices through the Virginia Department of Forestry, Virginia Cooperative Extension Service, Soil Conservation Service, and County agencies when possible to mitigate impacts of agricultural and forestal management activities. Best Management Practices (B~P's) are encouraged in staff reports and ordinances. BMPManuals are available in Various County offices. The new Water Resource Protection Area Ordinance requires agricultural BMPs to meet buffer area reduction provisions. The Thomas Jefferson Soil and Water Conservation District (TJSWCD) has a cost share program to encourage BMP's. Actively encourage the establishment of conservation plans with all methods available to the County or appropriate agencies for agricultural/forestal operations located within watersheds. The Water Resource Protection Area Ordinance requires conservation plans to meet buffer area reduction provisions. A forestry plan is required to qualify for the forestry land use tax. Make available brochures to the public explaining implications and procedures for voluntary techniques to preserve and protect agricultural/forestal lands, includinq: agricultural/forestal districts, conservation easements, Best Management Practices and conservation plans. Information should be provided through Soil Conservation Service, 'Virginia Cooperative Extension Service, and appropriate County and State agencies. A brochure on agriculturai/forestal districts is sene to adjacent owners when a district is reviewed. It is available in the Department of Planning & Community Development. A brochure explaining the Rural Preservation Development"option is available. Conservation easements are promoted by VOC. BMP and conservation plan brochures are available through Soil Conservation Service. Define unique farmland or locally important farmland within the County. All important farmland including prime, unique, and locally.important farmland should be located. The SCS Distric= Conservationist has identified prime, unique, and locally important farmland. These soils are listed in the Open Space Plan, Appendix 3, and are shown on a VirGIS Map. Support the agricultural and forestal industry through promotional activities. Support the Virginia Cooperative Extension Service's efforts to identify, publicize, and provide technical assistance for alternative agricultural/forestal activities in the County. 9 Status: Strategy: Status: Strategy: Status: Strategy: Status: 'Strategy: Status: Strategy: Status: ATTACHMENT B PAGE 3 March 22, 1994 Assist in the identification of activities particularly adaptable and marketable in Albemarle County. Alternative activities were discussed by the Agricultural/Forestal Industries Support Committee. Create a local advisory committee on the agricultural and forestal industry to analyze marketing needs and develop and recommend programs supporting the industry. An Agricultural/Forestai' Industries Support Committee was established to recommend measures to support agricultural and forestaI industries in' the County. The Committee's report was accepted by the Board of Supervisors in February, 1994. This report should be considered by the Commission in evaluating this section of the Plan. Assist in the development of marketing brochures publicizing agricultural/forestal products in Albemarle County. Include "u-pick-it" information and list stores selling Albemarle products locally. No action. Encourage the purchase of local products by local businesses, schools, and institutions, possibly through promotional activities and economic incentives. No action. Assess the need for a local or regional farmer's market and, if feasible, coordinate its development with the City of Charlottesville and the proposed s~atewide farmer's market system. The Support Committee's recommendation regarding farmers' marke~s is: Support farmers' markets as a direct marketing strategy and a way to educate people about agriculture. There is a potential for a farmers market at the County Office Building parking lot or at a location on Route 29 North or Route 29 at 1-64. Several smaller markets operating on different days would serve the public better than one large market. Good management, location, access and parking are essential. Shelter and cold storage are desirable. A joint or coordinated effort with the City Market is desirable. Encourage the establishment of local storage and processing facilities, possibly through the authorization of industrial Revenue Bonds or other financing mechanisms. No action. 10 Aural Development GOA~: ATTACHMENT B PAGE 4 Discourage rural residential development other than dwellings related to a bona fide agricultural/forests! use. The limited amount of residential developmen~ which Ks permitted in the Rural Areas shall be located in a manner to mini.~i'ze impact on rural resources and to minimize conflict with agricultural/forestal activities. Ail decisions concerning the Rural Areas shall be made in the interest of the four major elements of the Rural Areas, with highest priority given to preserving agricultural and forestal activities rather than encouraging residential development. Residential development not related to bond fide agricultural/forestal use shall be encouraged to locate in designated Growth Areas where servlces and utilities are available, and where such development will have minimum impact on rural resources and agricul~ural/forestai activities. Strategy: Retain the special use permit under Section 10.5.2 of the Zoning Ordinance. Replace the current special use permit criteria with two sets of criteria, to distinguish requests for: 1) additional lots; and, 2) changes in lot sizes or rearrangements of lots on multiple parcels which do not zncrease the total number of lots. ?ri~ritized and weight the criteria to promote development which is located and designed in accordance with the four major elements of the Rural Areas. S~atus: Eliminate special use permits for additional lots on parcels within a water supply watershed. Permit changes in lots size and rearrangement of lots on multiple parcels only if the applicant can demonstrate that the new arrangement is clearly superior because it provides an environmental or public benefit. Special use permits for additional lots in water supply watersheds and for changes in lot size/rearrangement on multiple tracts have been deleted. Rearrangements~lot size varia=ion is available through Rural Freservation Developmenr (RPD). The R£D employs the "four major elements" of the rural areas as bases for review. Strategy: Status: Strategy: Study the LESA system as a possible enhancement to the special use perm/t process. This evaluation should be done in.conjunction with the revlew of the special use permit crl~erla. In lieu of LESA, ~he Open Space Plan is 'employed in special use permit review. Maintain the five development rights as implemented in 1980. Status: Done. The RPD and special use permit provide opportunities for additional small lo~$. 27 Strategy: Status: Strategy: Status: OBJECTIVE: ATTACHMENT B PAGE 5 March 22, 1994 Maintain a minimum lot size of two acres and establish a maximum lot size and/or a maximum area of subdivision for development right lots in order to minimize potential farmland and forestal acreage lost to residential development. Done. Regulations limit small lots to a maximum aggregate of thirty-one (31) acres. Permit the option to develop additional development right lots in lieu of dividing the residue acreage into larger .parcels, provided the residue acreage is not developed not further divided under conservation or open space easement or other similar perpetual, restrictions. The additional lots shall be clustered on internal roads. Accomplished with adopt-ion of Section 10.3.3 Rural Preservation Development of the zoning ordinance. Since adoption in 1989, thirteen (13) developments totalling 3,000 acres have been approved as Rural Preservation Developments. What is noteworthy is that this represents virtually all large parcel development. Rural Preservation Tracts (permanent easement) and open space represented 709 of the land. In relation to residential development,agricultural/forestal activities shall be regulated only to protect public health and safety. Do not allow residential development in the Rural Areas which requires central water and sewer systems. Rural residential development should expect to receive a lower level of service delivery than residential development in Growth Areas. Limit rural residential types to single family detached and duplex units. 28~ PAGE 1 ATTACHMENT C A_N EXAMPLE of an attempt to define the current characteristics of Albemarle County's Rural Area by the Rural Area Task Force (Development Departments staff), January, 1999 Are the existing characteristics desirable or undesirable? Scenic Landscapes: mountains, woods, well-kept farmland, pristine waters, openness, horses and white fences. Scenic landscapes: desirable. "Isolated" Residences: small houses, mobile homes, big mansions, "Virginia gentleman" farms, expensive large lot/house subdivisions. Isolated residences: Undesirable, but residences associated with activities we want to support are desirable. e Historic Structures: Eighteenth and Nineteenth century houses, Monticello, Ash Lawn, mm-of-the-century houses, bridges, agricultural outbuildings, and other vernacular buildings. Historic structures: Desirable. They promote tourism and preserve character. e Small Villages: poor remnants of villages, historic houses with roadside orientation, pockets of minority, both native and immigrant populations. Small Villages: Several viewpoints on this - requires more discussion. (1) Villages are seeds for growth - not desirable. (2) Preserve historic villages; keep rural support services in those areas; adaptive use of historic structures; no new villages. (3) Villages are commercial community nodes only. (4) Recognize that villages are a thing of the past; make them mini-Development Areas. (5) Villages are essential for supporting rural activities; new villages are possible. Large Areas of Diverse Regions: poor houses and rich estates, urban escapees and natives, mountains, hills and gently sloped lands, differing looks of structures and landscapes. Diverse Regions: Desirable, part of the charm. Quality Infrastructure: paved roads, water, reliable power and phone services compared to other counties. Quality infrastructure: Good for current residents but promotes growth. e Underutilized Resources: untravelled, undammed rivers, unused farmland and forests, tourist attractions, national and local natural area parks. Underutilized resources: A balancing act. Using resources creates ownership, caring. Example: building Greenway draws attention to Rivanna water qualitY. Because they are underutilized, there is lots of opportunity for them to be developed in a way that will blend with the RA (desirable). But there is a danger of over-utilization (undesirable). ATTACHMENT C PAGE 2 Large Non-local Upper-class Population: large population of urban escapees, upwardly mobile professionals, retirees, celebrity landowners, and University students/faculty/admin seeking American ideal of rural living, but desiring urban amenities. Few farmers on tractors. Om Local population: Poor, middle-income and wealthy. Non-local/Local ?opuiation: We cannot control this. Urban escapees may want to rebuild what they escaped from. Diversity (of race, education, backgrounds) is healthy. Don't encourage artificial barriers such as gated communities and excessive use of cul-de-sacs. 10. Low Intensity Agriculture, Commercial and Industry uses: cattle, horses, alternative agriculture, timbering, self employed, home occupations, commercial stables, wineries, leased telecommunication towers sites, small orchards and fruit packing, recreation (golf, hunting, fishing, riding, biking), "nouveau" country stores, nurseries, Xmas tree and other tree farms, bcd & breakfasts. Churches are thrown in with commercial uses as they are growing in size and community services such as daycare. Rural uses: Ag uses/support services are desirable. Other commercial uses are desirable if they preserve open space; undesirable if they remove farm/timberland from production, or if they promote convenience and therefore encourage population growth. 11. Absence of Support Services: doctors, stores, libraries, etc. Absence qfservices: A fact of rural living, desirable in that it does not promote growth. 12. Close Proximity to Major Metropolitan areas of Charlottesville, Richmond, Washington D.C.: This off-sets number 11 (Charlottesville has become a regional city.) Proximity to metropolitan areas: Good for current residents, but fuels growth. 13. High Cost of Land: land in all surrounding counties is cheaper. Albemarle land, as opposed to Nelson, Orange, Fluvanna, Green, Madison, bhngs a high premimn by its quality infi:astructure, upper class population, scenic beauty, the University, and closeness to the regional center of Charlottesville. High cost of land: Undesirable in that it discourages agriculture and diversity; encourages speculation. 14. Historic/Scenic Tourism: Seeking Monticello, Ash Lawn, historic sites, Entrance Corridors, the James River, fruits, crafts, antioues, rural lifestyle. Historic/Scenic Tourism: Desirable but there is a danger of exploitation. 2 PAGE 1 RECOMMENDATIONS ATTACHMENT D The Agricultural/Forestal Industries Support Committee reaffirms the Agricultural and Forestal Resources Goal and Objectives from the current Comprehensive Plan: Goal: Promote the continuation of a viable agricultural and forestal industry and resource base. Objective: Protect the County's agricultural and forestal lands through land use regulations and promotion of voluntary techniques. Objective:' Support the agricultural and forestal industry through promotional activities. The Committee recommends the following policies and strategies for supporting and promoting agricultural and forestal industries in Albemarle County: County Policies and Regulations Should Support,&grfcul~ural/Forestal ~terests. The Comprehensive Plan needs to carry more weight. The Board of Supervisors should follow the Comprehensive Plan when making decisions. Changes should not be made to the Plan except during the five year review. Farmers need stability in government policy. Developments requiring a rezoning or special use permit should not be approved outside of Growth Areas. Both rezontngs and special use permits in the Rural Areas are a problem. Farmers do not have time to attend public hearings to fight developments. In the past, the cumulative effects of developments have not been considered. Consideration should be given to recognizing established residential communities by designating them as Comprehensive Plan Villa~es. Review County ordinances to be sure they are realistic and serving the intended purposes. Keep number of ordinances to a minimum. Enforce ordinances properly. Existing regulations, including the new state forestry water quality law, are sufficient to ensure good forestry practices. New regulations of timber operations on mountain tops and slopes are not necessary and may devalue the land for timber use, encouraging subdivision or conversion to other land uses. County policies Should support the farmers regarding nuisance conflicts in Rural Areas. ATTACHMENT D PAGE 2 A permanent agricultural/forestal committee should have the opportunity to discuss with the Board of Supervisors the impacts of proposed ordinances on agriculture and forestry. These new duties should be assigned to the extstin§ Agricul~ural/Forestal Districts Advisory Committee which was established to review agrtcuitural/forestal districts; And a new member should be added from the Agricultural/Forestal Industries Support Committee (Rob Bloch has been endorsed for this appointment). When establishing road improvement priorities, consider the accommodation of farm and forestry equipment. Increase the weight limit on low-weight bridges. Improve roads to decrease the bruising of fruit transported from field to storage or market. II. Preserve Farm~and and~Fores,~s. Promote and use voluntary conservation easements and agricultural/forestal districts. 2. Pursue legislation for the transfer of development rights. Low density is a good idea, but a large lot size is not. Twenty-one (21) acre lots waste land and limit future use. Concentrate growth and reduce sprawl. Leave the existing number of development rights in order to maintain stability. Policies and ordinances should favor clustered, mixed-use development (so-called "traditional" or "neo-tradttional" town planning) in designated Growth Areas, as opposed to the large-lot, segregated land-use policies prevalent today. The County's existing ordinance that encourages clustering is a small step in the right direction, but does not go far enough in density or encouraging mixed uses in order to reduce automobile dependency. 6. Shenandoah Park should not be expanded. 7. Discourage farm/forest fragmentation. 8. Protect prime soils. III. Provide Fair Taxation For. Asrfculture and Forestry, Oevelopment should pay its own way. Policies should be enacted following the current fiscal impact studies to ensure that tax burdens on land more fairly match the costs of governmental services to those lands. ATTACHMENT D PAGE 3 The use value taxation program is fair and should be continued. Land use tax is not a "tax break." (A farmer's home, other dwellings and farm buildings are taxed at the regular rate; in addition, the land is taxed at its production value.) A long- term commitment to land use tax by the County is desirable. The land use value of agricultural/forestal land should be based on the production capability of the land to produce. Pursue an exemption for all agricultural/forestal operations from business tax. Agricultural product storage buildings (silos, cold storage) should be taxed at a lower value. Lower appraisals on orchard and vineyard land due to their limited use potential, and the initial capital invest~ent required. IV. Develop Markettn= Strate~ieS For All A~ricultural/Forestal Pro.duc~ The County should take action to foster the development of niche agriculture such as garlic, out flowers, etc. and direct marketing, such as "pick your own" operations and community supported agriculture (subscription farming). Support farmers markets as a direct marketing strategy and a way to educate people about agriculture. There is a potential for a farmers market at the GounTy Office Building parking lot or at a location on Route 29 North or Route 29 at 1-64. Several smaller markets operating on different days would serve the public better than one large market. Good management, location, access and parking are essential. Shelter and cold storage are desirable. A Joint or coordinated effort with the City Market is desirable. Develop Albemarle County brochures listing products available for direct sales, farms retailing to the public, and farms open for tourists to visit. Encourage. tourist attractions to promote buying from farms. Agricultural tourism should be recognized and encouraged. Opportunities include bed and breakfast operations in historic landmarks, tourist lodging, farm tours, livestock shows, vineyards, "pick-your-own" operations, herb and flower producers, etc. 6. Encourage stores to promote local products. Develop a hotltne for county agricultural products (Extension Service). Create a sticker, "Produced or grown in Albemarle County" to promote County products. ATTACHMENT D Develop Educational Pro.rams for the Publ£c. PAGE 4 Improve the understanding of agriculture both at the County official and the general public levels. The County should promote appreciation of the rural area; the community needs to know how important agricultural and forestal lands are to them. Rural area residents should consider the impapt of their actions on farming activities and livestock (ex: fast moving traffic conflictin§ with farm machinery, dogs, hot air balloons frightening livestock.) Implement an educational tour of County farms for the general public (similar to the sprin§ House and Garden Tour). Implement an educational farm tour for County officials and deciston-makin§ staff. Include small operations not doing well, along with larger, more successful operations. Suggested tour designations: Rob Bloch's beef cattle operation A commercial vineyard. Whitney Crttzer's or Scott Peyton's "pick-your-own" operation Thomas brothers' dairy Chiles', Clark's or Ron Harvey's orchard and packing shed Pat and Felix Nuesch's horse operation Eltzroth and Thompson's greenhouse Clarwin orchards Lost Valley tree farm Blue Ridge Garden Center Ivy Nursery and Garden Center Snow's Garden Center and landscape maintenance business Support agricultural education in the classroom. Implement a farm day for school children. (Polaris Farm is a suggested location.) Encourage and promote vocational education programs from middle school onward. High school graduates should have a marketable skill. VI. Develop. EducaCional ProErams for Producers. Continue to provide local producers with up-to-date farm/forestry technolo~f including alternative methods, technical assistance, and land management knowledge. VII. Protect ~;ater Resources and Water Ouality. (No specific' strategies recommended. ) ATTACHMENT E PAGE 1 COUNTY OF ALBEMARLE DEVELOPMENT AREA INITIATIVES FINDINGS, GOALS, AND STRATEGIES INTERIM REPORT TO THE BOARD OF SUPERVISORS FEBRUARY 6, 1999 The Interim Development Area Initiatives Findings, Goals, and Strategies recognize, support and serve to better implement the overarching' goals and objectives of the Land Use Plan which establish the County's growth management policy, The growth management goals are shown in bold Italics as follows: GROWTH MANAGEMENT GOAL: Protect and efficiently utilize county resources by: A. Emphasizing the importance of protecting the elements that define the Rural Area: f) Agricultural and Forestry resources 2) Water supply resources 3) Natural resources 4) Scenic resources 5) Limited service delivery Of these, the protection of agricultural and forestry resources is the highest priority. FINDINGS The success of protecting the Rural Areas from residential development is equally dependent on the Development Areas' captUring new development. For that reason, a balance of measures is needed to direct development toward the Development Areas L and away from the Rural Areas. ~-- At Freseh{ 45 - 50% of the Count's single family residential development is occurring in the Rural Areas which is .contrary to the goals of the Comprehensive Plan. · The current zoning designations for properties shown for residential development on ~h~- Land Use Plan would result in very Iow densities in the Development Areas of the County. ,, Current single family detached housing in the Development Areas is being developed at a gross density of less than 2 dwelling units per acre. Overall density of housing in the Development Areas is less than 4 dwelling units per acre for all types of housing. · Areas designated for Neighborhood Density on the Land Use Plan ( 3- 6 dwelling units per acre) must be developed at. a minimum of 3 dwelling units per acre in order to accommodate projected population growth and retain the existing Development Area boundaries until the year 2015. ATTACHMENT E PAGE 2 According to the Consultant's Buildout Analysis, there is more commercial and industrial land per capita in Albemarle County than is typically seen in metropolitan communities across the U.S. oals of the Comprehensive P~aan, the ' · While the Comprehensive Plan supports residential, commercial and industrial development in the Development Areas and discourages development in the Rural Areas, the Zoning and Subdivision regulations make development more difficult in the Development Areas and facilitate development in the Rural Areas. · In order for the rural areas to reflect the g development potential of the Rural Areas should be reduced concurrent with making the Development Areas more attractive places for residential development. While not the primary charge of this committee, the committee recognizes the cdtical relationships that exist between the Rural Areas and the Development Areas. As a result, the Committee strongly recommends these strategies be considered for reducing the development potential of the Rural Areas: STRATEGIES As part of the Rural Areas review for the Comprehensive Plan, develop strategies to reduce residential development in the Rural Areas. Sedous consideration should be given to these tools: · Phasing of development dghts over time · Having the same regulatory requirements for development in the rural areas as in the development areas · Raising the minimum lot size from 21 to 42 acres · Preserving opportunities for land divisions to provide affordable housing for County residents · Educating new residents on the growth management policies of the County including the provision of fewer services to the rural areas Be Designating Development Areas where a variety of land uses, faCilities, and services are planned to support the County's future growth, with emphasis placed on infill development. FINDINGS · The emphasis of the Development Areas Project is to find ways to make the Development Areas the most attractive places for new residents to live and to enhance their use and habitability. · The development regulations.of the County currently are in conflict with the Comprehensive Plan for implementing the goals of the Comprehensive Plan. As a result of the findings above, the following goals and strategies are offered for the Development Areas. These goals and strategies provide greater clarity and understanding of the vision and expectations for the physical environment of our emerging urban communities. It is envisioned that these goals will augment or replace existing goals and strategies in the Land Use Plan for the Development Areas. 2