AGENDA DATE: 4/2/2025
TITLE:
Title
Agricultural and Forestal Districts (AFDs): Periodic Review of the Keswick, Moorman’s River, Kinloch, Fox Mountain, Buck’s Elbow Mountain, Sugar Hollow, and Buck Mountain AFDs
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 the periodic review of the Keswick, Moorman’s River, Kinloch, Fox Mountain, Buck’s Elbow Mountain, Sugar Hollow, and Buck Mountain AFDs
ITEM TYPE: Regular Action Item
STAFF CONTACT(S): Richardson, Wall, Herrick, DeLoria, Lynch, Filardo, Barnes, Maliszewski, Clark, Van Vranken
PRESENTER (S): James Van Vranken
LEGAL REVIEW: Yes
REVIEWED BY: Jeffrey B. Richardson
BACKGROUND: The Agricultural and Forestal Districts (AFD) program is a voluntary rural land conservation program in which landowners can limit the development potential of their land to help protect the rural landscape. The program is structured to protect the following public interests: production of food and other agricultural and forestal products; provision of essential open spaces; strong agricultural and forestal economies; and protection and preservation of natural resources and retention of continuous and unfragmented land. The County currently has 27 districts across the Rural Area.
While there are several limitations to uses within the districts, the restrictions on subdivisions are the most notable. In Albemarle County, parcels within AFDs may not use “development rights” to subdivide off lots smaller than 21 acres (except in the case of land transfers to immediate family members). Subdivision of district properties into 21-acre or larger parcels is not restricted by the AFD ordinance.
However, while the districts impose development limitations, they do not confer any automatic tax benefits. Parcels in the districts are taxed in a variety of categories including full fair-market value.
During the 2016 update of Chapter 3 of the County Code, which establishes and regulates the AFDs, § 3-201(F)(7) was added. This section states that “…the policy of the County is to not include any parcel determined to have no development rights and [that] cannot be further divided to create one or more parcels less than 21 acres in size.” In reviewing a District, the Board “shall reasonably consider the recommendations of the Advisory Committee and the Planning Commission, the criteria in County Code § 3-201(F)(2), (3), (4), (5), and (7), and any other relevant factors when it reviews a district. County Code § 3-204(E)(3).
STRATEGIC PLAN: Quality of Life - Encourage a vibrant community with economic and recreational opportunities that serve all community members.
DISCUSSION: Seven districts are included in the current round of reviews. The renewal of these districts may be accomplished through adoption of the proposed ordinance amendments included in Attachment A.
Pursuant to the review criteria established in Chapter 3 of the County Code, the proposed ordinance removes all parcels without small-lot development rights from the AFDs under review, except for those currently enrolled in Open Space use valuation. Those open-space parcels are recommended for five-year renewals, rather than immediate removal, to comply with the Board’s 2018 direction. Five-year renewals allow landowners to change their properties’ tax categories before removal and avoid immediate roll-back taxation. (The immediate removal of parcels not currently enrolled in Open Space taxation would not affect their taxes due.)
The AFD Advisory Committee recommended (3:2) that the Fox Mountain, Buck’s Elbow Mountain, Sugar Hollow, and Buck Mountain AFDs be renewed for five years, and that the Keswick, Moorman’s River, and Kinloch AFDs be renewed for ten years. The Advisory Committee’s recommendation was to renew the AFDs without the removal of parcels lacking development rights. Some members of the Committee believe that such removals are unfair to landowners, are not in keeping with the purposes of the AFD program and will erode the AFDs. The Advisory Committee’s recommendations were outlined in a letter emailed to the Board on February 17, 2025 (Attachment B).
The Planning Commission recommended (6:0) renewal of all seven districts with the staff-recommended removals in line with the policy established in County Code section 3-201(F)(7).
The table below summarizes the proposed changes to the seven districts currently under review. The column titled “Removals” addresses the parcels recommended for removal due to lack of development rights. “Parcels Needing 5-year Renewal” addresses parcels without development rights that are currently in Open Space taxation. More details on the individual districts are included in the Planning Commission staff reports for these reviews (Attachment C).
Please note that these figures may change slightly between now and the date of the public hearing. Staff will update the Board on changes during the staff presentation.
BUDGET IMPACT: The renewal of AFDs has no budget impact. The removal of parcels will have a small impact on revenue reductions by reducing the number of parcels eligible for use-value taxation.
RECOMMENDATION:
Recommendation
Staff recommends that the Board adopt the proposed ordinance (Attachment A) to continue the Keswick, Moorman’s River, Kinloch, Fox Mountain, Buck’s Elbow Mountain, Sugar Hollow, and Buck Mountain AFDs.
ATTACHMENTS:
A - Proposed Ordinance
B - Advisory Committee February 17, 2025 letter to the Board of Supervisors
C - February 25, 2025 PC Staff Reports - Keswick, Moorman’s River, Kinloch, Fox Mountain, Buck’s Elbow Mountain, Sugar Hollow, and Buck Mountain Review
D - Final Action Letters
E - February 25, 2025 PC Minutes