COUNTY OF ALBEMARLE

 

EXECUTIVE SUMMARY

 

 

AGENDA TITLE:

09-03(  ) Agricultural and Forestal Districts; periodic review of three districts, additions to multiple districts, creation of two districts

 

SUBJECT/PROPOSAL/REQUEST: Public hearings on an ordinance to amend  Division 2, Districts, of Article II, Districts of Statewide Significance, of Chapter 3, Agricultural and Forestal Districts, of the County Code pertaining to such AF Districts for the periodic review of Chalk Mountain, Jacob’s Run and Sugar Hollow AF Districts; additions to Batesville, Blue Run, Buck Mountain, Carter’s Bridge, Eastham, Free Union, Hardware, High Mowing, Ivy Creek, Keswick, Lanark, Moorman’s River, South Garden, and Yellow Mountain AF districts; and the creation of Buck’s Elbow Mountain and Fox Mountain AF Districts

 

STAFF CONTACT(S):

Messrs. Tucker, Foley, Davis, Kamptner, Graham, and Cilimberg

 

LEGAL REVIEW:   Yes

 

AGENDA DATE:

December 2, 2009

 

ACTION:     X          INFORMATION:   

 

CONSENT AGENDA:

  ACTION:              INFORMATION:   

 

 

ATTACHMENTS:   Yes

 

 

REVIEWED BY:

 

 

BACKGROUND:

Having land within an Agricultural and Forestal District (“AFD”) is one of three ways in which a landowner may satisfy one of the prerequisites for making land eligible for land use valuation as open space under Virginia law.  As a result of the County’s land use taxation revalidation process taking place this year, many landowners have applied to place their lands within an AFD.  These applications would add parcels to the Chalk Mountain, Jacob’s Run and Sugar Hollow AFDs, which are simultaneously undergoing their periodic district reviews, would add parcels to the Batesville, Blue Run, Buck Mountain, Carter’s Bridge, Eastham, Free Union, Hardware, High Mowing, Ivy Creek, Keswick, Lanark, Moorman’s River, South Garden, and Yellow Mountain AFDs, and would require the creation of the Buck’s Elbow Mountain and Fox Mountain AFDs.  The aggregate acreage proposed to be added to the County’s AFD program is over 6,300 acres.     

 

STRATEGIC PLAN:

Goal 2: Protect the County’s Natural Resources

 

DISCUSSION:

Virginia Code §§ 15.2-4309 (creations of and additions to AFDs) and 15.2-4311 (review of AFDs) require that the Board conduct public hearings on proposed creations of, additions to, and reviews of AFDs.  In addition, those sections require that these actions be reviewed by both the Agricultural and Forestal District Advisory Committee and the Planning Commission for their recommendations.  The Advisory Committee and the Planning Commission have reviewed all of these AFDs (with the exception noted following) and recommended approval of the proposed actions.  The Planning Commission will be reviewing the Jacob’s Run and Moorman’s River AFDs at its December 1, 2009 meeting.  The AFD-specific staff reports to the Planning Commission are in Attachment B.

 

With respect to the three districts under periodic review, Virginia Code § 15.2-4311 requires the periodic review of districts to determine whether they should continue, be modified, or be terminated unless the Board determines that review is unnecessary.  During the review process, land within the District may be withdrawn at the owner’s discretion by filing a written notice with the Board any time before the Board acts on the review.

  

The following table summarizes the proposed changes:

 

Summary of Proposed AFD Actions

District

Existing Acres

Acres to be Added

Acres to be Withdrawn

District Review

 

 

 

Chalk Mountain

1560.60

65.17

 

Jacob’s Run

1235.18

107.29

544.478

Sugar Hollow

4901.21

91.47

15.37

District Additions

 

 

 

Batesville

1203.84

146.38

 

Blue Run

3927.99

98.40

 

Buck Mountain

503.89

174.21

 

Carter’s Bridge

8133.61

492.33

 

Eastham

900.09

101.46

 

Free Union

1268.31

261.65

 

Hardware

2998.97

21.00

 

High Mowing

633.44

63.20

 

Ivy Creek

226.56

128.99

 

Keswick

6321.40

453.37

 

Lanark

5793.45

150.00

 

Moorman’s River

10,963.47

209.75

 

South Garden

1855.30

308.11

 

Yellow Mountain

641.67

111.10

 

District Creation

 

 

 

Buck’s Elbow Mountain

 

3156.93

 

Fox Mountain

 

283.77

 

 

 

The public hearing on the additions to the Kinloch Agricultural and Forestal District is scheduled for the Board’s December 9, 2009 meeting.

 

BUDGET IMPACT:

None

 

RECOMMENDATIONS:

After conducting a combined public hearing on the existing and proposed AFDs, staff recommends that the Board adopt the attached ordinance amending Division 2, Districts, of Article II, Districts of Statewide Significance, of Chapter 3, Agricultural and Forestal Districts, of the County Code to establish the next review periods and to revise the parcels within those districts under review, to revise the parcels within those districts for which additions were requested, and to establish the new districts.  The ordinance will continue the Chalk Mountain, Jacob’s Run and Sugar Hollow Agricultural and Forestal Districts for additional 10-year periods, authorize the addition of parcels to the Batesville, Blue Run, Buck Mountain, Carter’s Bridge, Eastham, Free Union, Hardware, High Mowing, Ivy Creek, Keswick, Lanark, Moorman’s River, South Garden, and Yellow Mountain Agricultural and Forestal Districts, and establish the Buck’s Elbow Mountain and Fox Mountain Agricultural and Forestal Districts.

 

 

ATTACHMENTS:

A – Ordinance amending County Code Chapter 3

B – Staff reports to the Planning Commission (links are made to and from the regular agenda)
Planning Commission minutes of November 10, 2009

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