AGENDA DATE: 12/2/2015
TITLE:
Title
Agricultural and Forestal Districts; additions to the Blue Run, the Carter’s Bridge, the Eastham, the Hardware, the Jacob’s Run, the Keswick, the Lanark, and the Moormans River AF Districts; the creation of the Green Mountain AF District; and corrections to the district descriptions to identify all those tax map parcels within the districts
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 additions to the Blue Run, the Carter’s Bridge, the Eastham, the Hardware, the Jacob’s Run, the Keswick, the Lanark, and the Moormans River AF Districts; and the creation of the Green Mountain AF District
ITEM TYPE: Regular Action Item
STAFF CONTACT(S): Foley, Walker, Davis, Kamptner, Graham, Cilimberg, 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). 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. 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 requests and recommend approval of the proposed actions. The October 20, 2015 and November 10, 2015 AFD staff reports to the Planning Commission are attached (Attachments B and C).
Blue Run AFD The Blue Run AFD is located in the northeastern portion of the County, and contains 4,219 acres. One landowner submitted a request to add one parcel (TMP 35-37A1) consisting of 25.1 acres to the District.
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, and contains 8,895 acres. One landowner submitted a request to add one parcel (TMP 122-18D) consisting of 28.78 acres to the District.
Eastham AFD The Eastham AFD is located in the vicinity of Hammocks Gap Road and Route 20, and contains 1,002 acres. One landowner submitted a request to add one parcel (TMP 47-17B) consisting of 27.818 acres to the District.
Hardware AFD The Hardware AFD is located on either side of US 29 South, in the vicinity of Crossroads and Red Hill, and contains 3,362 acres. One landowner submitted a request to add one parcel (TMP 88-3M) consisting of 21 acres to the District.
Jacobs Run AFD The Jacob’s Run AFD is located in the vicinity of Earlysville, and contains 973 acres. One landowner submitted a request to add one parcel (TMP 19A-9) consisting of 21.19 acres to the District, and another landowner submitted a request to add one parcel (TMP 20-6S) consisting of 21.01 acres to the District.
Keswick AFD The Keswick AFD is located in the vicinity of Keswick, and contains 6,913 acres. One landowner submitted a request to add one parcel (TMP 81-11H) consisting of 48.41 acres to the District, and another landowner submitted a request to add two parcels (TMP’s 48-45 and 48-46) consisting of 40.03 acres to the District.
Lanark AFD The Lanark AFD is located north of Overton and south of Ash Lawn-Highland, and contains 5,957 acres. One landowner submitted a request to add one parcel (TMP 103-2E) consisting of 20.7 acres to the District.
Moormans River AFD The Moormans River AFD is located in the vicinity of White Hall, Millington, Free Union, and Owensville, and contains 10,601 acres. One landowner submitted a request to add three parcels (TMP’s 58-65A4, 58-65E, and 58-65I) consisting of 27.37 acres to the District, and another landowner submitted a request to add one parcel (TMP 30-12) consisting of 254.24 acres to the District.
Creation of District On or before November 1 of each year or any other annual date selected by the locality, any landowner or landowners may submit an application to the locality for the creation of a district (Virginia Code § 15.2-4305). 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 actions. The November 10, 2015 AFD staff report to the Planning Commission is attached (Attachment C).
Green Mountain AFD Five landowners have submitted an application requesting to create the Green Mountain AFD. The proposed district would include six parcels (TMP’s 120-15A, 120-15B, 120-16C, 120-18A, 120-18A1, and 121-2) and 1,248.47 acres, and is located north of Esmont and West of Keene.
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:
Blue Run AFD The Blue Run AFD contains 4,219 acres and primarily consists of forested parcels and farm parcels. The parcel under consideration for addition, TMP 35-37A1, has no dwellings and no street address. The proposed addition of the parcel, consisting of 25.1 acres, would increase the total number of acres in the Blue Run District to 4,244. Adding this parcel, which is approximately 2/3 wooded and 1/3 open, 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 District is divided among the watersheds of the North Fork Rivanna, Rivanna, Rapidan, and South Anna Rivers. The Blue Run AFD is scheduled for review in 2022.
Carter’s Bridge AFD The Carters Bridge AFD contains 8,895 acres and primarily consists of forested land and pasture. The parcel under consideration for addition, TMP 122-18D, is located at 6200 Blenheim Road. There is one dwelling on the parcel. The proposed addition of the parcel, consisting of 28.78 acres, would increase the total number of acres in the Carter’s Bridge District to 8,924. 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.
Eastham AFD The Eastham AFD contains 1,002 acres and primarily consists of pasture and forest land. The parcel under consideration for addition, TMP 47-17B, is located at 2989 Stony Point Road. There is one dwelling on the parcel. The proposed addition of the parcel, consisting of 27.818 acres, would increase the total number of acres in the Eastham District to 1,030. Adding this parcel, which is largely open land with approximately 9 acres of wooded cover, 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 Eastham AFD is scheduled for review in 2024.
Green Mountain AFD Five landowners have submitted an application requesting to create the Green Mountain AFD. The proposed district would consist of six parcels (TMP’s 120-15A, 120-15B, 120-16C, 120-18A, 120-18A1, and 121-2) and would contain 1,248.47 acres, and is located north of Esmont and West of Keene. The proposed district is characterized by open pasture, hardwood forest, and pine forest, and there are three dwellings in the District. The surrounding area is made up of large farm and forest parcels, with some smaller residential lots along the roads. Two parcels in the proposed district are under conservation easements, as are adjacent parcels to the northeast and south.
The proposed district is entirely designated as Rural Areas in the Comprehensive Plan, and the parcels included in the district and those adjacent to the parcels in the district are zoned Rural Areas with agricultural, forestal, and fishery uses as the preferred land use and a residential density of 0.5 units per acre. Protecting and preserving these properties in an Agricultural and Forestal District will help protect forest and productive farmland, and conservation of these areas 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 proposed District would be under a 10-year review cycle, and would next be reviewed in 2025.
Hardware AFD The Hardware AFD contains 3,362 acres and primarily consists of large forested parcels and large farm parcels. The parcel under consideration for addition, TMP 88-3M, has no dwelling and no street address. The proposed addition of the parcel, consisting of 21 acres, would increase the total number of acres in the Hardware District to 3,383. Adding this parcel, which is largely open and includes several acres of pond, 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 Hardware AFD is scheduled for review in 2017.
Jacobs Run AFD The Jacobs Run AFD contains 973 acres and primarily consists of large forested parcels and large farm parcels. The parcels under consideration for addition are TMP 19A-9, which is located at 1775 Double Eagle Trace and has one dwelling, and TMP 20-6S, which is located at 675 Fray’s Ridge Road and has one dwelling. The proposed addition of these parcels, consisting of 21.19 and 21.01 acres respectively, would increase the total number of acres in the Jacobs Run District to 1,014. Adding these parcels, which are both partly wooded and partly open, 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 District is located in the watersheds of the South Fork Rivanna Reservoir, Chris Greene Lake, and the North Fork Rivanna water intake, and so helps to protect the public water supply. The Jacobs Run AFD is scheduled for review in 2019.
Keswick AFD The Keswick AFD includes 6,913 acres and primarily consists of pasture and hardwood forest. The parcels under consideration for addition are TMP 81-11H, which is located at 4775 Woodbound Road and has one dwelling; and TMPs 48-45 and 48-46, which are located at 2153 Hawkshill Lane and have one dwelling. The proposed addition of these parcels, consisting of 48.41, 14.57, and 25.46 acres respectively, would increase the total number of acres in the Keswick District to 7,001. Adding these parcels, which are wooded except for the dwellings, 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 Keswick AFD is scheduled for review in 2024.
Lanark AFD The Lanark AFD contains 5,957 acres and primarily consists of evergreen and deciduous forest, open pasture, agricultural fields, and hedgerows, as well as occasional residential and agricultural buildings. The parcel under consideration for addition, TMP 103-2E, is located at 3856 Presidents Road. There is one dwelling on the parcel. The proposed addition of the parcel, consisting of 20.7 acres, would increase the total number of acres in the Lanark District to 5,978. Adding this parcel, which is almost entirely wooded, except for the area around the dwelling, 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 Lanark AFD is scheduled for review in 2018.
Moormans River AFD The Moormans River AFD contains 10,601 acres and primarily consists of large forested parcels and large farm parcels, but includes a range of parcel sizes. The parcels under consideration for addition are TMP’s 58-65A4, 58-65E, and 58-65I, which are located at 1283 Tilman Road and have two dwellings; and TMP 30-12, which is located at 1113 Locust Grove Lane and has four dwellings. The proposed addition of these parcels, consisting of 5.0, 13.91, 8.46, and 254.24 acres, respectively, would increase the total number of acres in the Moormans River District to 10,883. Adding these parcels, the first three of which are largely open land, and the last of which is primarly open with some wooded areas and hedgerows, 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 District is located mostly in the South Fork Rivanna River watershed and thus helps to protect the largest public water supply for the County and the City of Charlottesville. The Moormans River AFD is scheduled for review in 2024.
BUDGET IMPACT: There is no budget impact.
RECOMMENDATION:
Recommendation
After conducting public hearings on the proposed AFD additions and the creation of the AFD, which may be held together as one public hearing, staff recommends that the Board adopt the attached ordinance to approve the additions to the Blue Run AF District, the Carter’s Bridge AF District, the Eastham AF District, the Hardware AF District, the Jacob’s Run AF District, the Keswick AF District, the Lanark AF District, and the Moormans River AF District; and the creation of the Green Mountain AF District.
ATTACHMENTS:
A - Proposed Ordinance
B - October 20, 2015 PC Staff Report
C - October 20, 2015 PC Minutes
D - November 10, 2015 PC Staff Report
E - November 10, 2015 PC Minutes