AGENDA DATE: 10/5/2016
TITLE:
Title
Agricultural and Forestal Districts (AFD’s); addition to the Carter’s Bridge AF District and the periodic review of the South Garden AF District
BODY
SUBJECT/PROPOSAL/REQUEST: Adoption of an ordinance to amend County Code Chapter 3, Agricultural and Forestal Districts, Article II, Districts of Statewide Significance, Division 2, Districts, pertaining to an addition to the Carter’s Bridge AF District and the periodic review of the South Garden AF District.
ITEM TYPE: Regular Action Item
STAFF CONTACT(S): Foley, Walker, Kamptner, Herrick, Graham, Benish, Clark
PRESENTER (S): Scott Clark
LEGAL REVIEW: Yes
REVIEWED BY: Thomas C. Foley
BACKGROUND: Localities are enabled to establish agricultural and forestal districts (AFD’s) under the Agricultural and Forestal Districts Act (Virginia Code § 15.2-4300 et seq.). AFD’s serve two primary purposes: (1) to conserve and protect agricultural and forestal lands; and (2) to develop and improve agricultural and forestal lands. Land within an AFD is prohibited from being developed to a more intensive use, other than a use resulting in more intensive agricultural or forestal production, without prior Board approval. In addition, the County is prohibited from exercising its zoning power in a way that would unreasonably restrict or regulate farm structures or farming and forestry practices in contravention of the Agricultural and Forestal Districts Act unless those restrictions or regulations bear a direct relationship to public health and safety (Virginia Code § 15.2-4312).
Additions A landowner may petition to add its land to an AFD at any time (Virginia Code § 15.2-4310). Virginia Code §§ 15.2-4307 and 15.2-4309 require that the Board conduct a public hearing on proposed additions to AFDs, and 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 reviewed the following request and recommend approval of the proposed addition. The September 13, 2016 staff report to the Planning Commission is attached (Attachment B).
Carter’s Bridge AFD The Carter’s Bridge AFD is located in the southeastern portion of the County, in the area of Carter’s Bridge, Blenheim, and Woodbridge. One landowner submitted a request to add one parcel (TMP 122-18) consisting of 100 acres to the District.
District Reviews Virginia Code § 15.2-4311 requires the periodic review of AFD’s 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 request by filing a written notice with the Board any time before the Board acts on the review. The Board has set a 10-year review period for all AFD’s in the County. In addition, Virginia Code § 15.2-4311 requires that the Board conduct a public hearing on AFD reviews, and that they also 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 reviewed the following request and recommend renewal of the AFD for ten years. The September 13, 2016 staff report to the Planning Commission is attached (Attachment C).
South Garden AFD The South Garden AFD is located in the vicinity of South Garden and to the south toward Fan Mountain, and is undergoing its periodic ten-year review. No requests for withdrawal have been received to-date.
STRATEGIC PLAN: Goal 8. Rural Areas: Preserve the character of rural life with thriving farms and forests, traditional crossroad communities, and protected scenic areas, historic sites, and biodiversity.
DISCUSSION:
Carter’s Bridge AFD The Carters Bridge AFD contains 8,923.5 acres and primarily consists of forested land and pasture. The parcel under consideration for addition, TMP 122-18, is located at 6100 Blenheim Road. There is one dwelling on the parcel. The proposed addition of the parcel, consisting of 100 acres, would increase the total number of acres in the Carter’s Bridge District to 9,023.5. Adding this parcel, which is largely wooded, will help protect forest and rich farm land, and will help maintain the environmental integrity of the County and aid in the protection of ground and surface water, agricultural soils, and wildlife habitat. The Carter’s Bridge AFD is scheduled for review in 2018.
South Garden AFD The South Garden AFD, which was created in 1999 and currently includes nine parcels and 2,202 acres, primarily consists of forest and open pasture. There are currently three parcels in the District under conservation easement, and 1,852.3 acres being taxed at conservation-easement rates. In addition, 344.4 acres are being taxed at use value rates, as follows: (1) 25 acres devoted to agricultural use; (2) 153 acres devoted to forestry use; and (3) 166 acres devoted to open-space use. There are seven dwellings in the District. Conservation of this area will help maintain the environmental integrity of the County and aid in the protection of ground and surface water, agricultural soils, mountain resources, critical slopes, and wildlife habitat.
BUDGET IMPACT: There is no budget impact.
RECOMMENDATION:
Recommendation
After conducting public hearings on the proposed AFD addition and the proposed AFD review, which may be held together as one public hearing, staff recommends that the Board adopt the attached ordinance to approve the addition to the Carter’s Bridge AF District and to continue the South Garden AF District.
ATTACHMENTS:
A - Proposed Ordinance
B - September 16, 2016 PC Staff Report - Carter’s Bridge Addition
C - September 16, 2016 PC Staff Report - South Garden Review