Date of Public Meeting: October 13, 2009

# 4

BOARD OF SUPERVISORS PUBLIC HEARING

SUBJECT: CREATION OF THE CHRYSALIS VINEYARDS/LOCKSLEY ESTATE AGRICULTURAL & FORESTAL DISTRICT ELECTION DISTRICTS: BLUE RIDGE CRITICAL ACTION DATE: NOVEMBER 30, 2009 STAFF CONTACT: PATRICK RYAN, ECONOMIC DEVELOPMENT RECOMMENDATIONS: Planning Commission: The Planning Commission held a public hearing on September 17, 2009. The Planning Commission (8-0-1, Keeney absent for the vote) recommended to the Board of Supervisors to approve the creation of the Chrysalis Vineyards/Locksley Estate Agricultural and Forestal District (AFD), for a term of ten (10) years and to require any subdivisions or adjustments to parcels in the district meet the current zoning requirements or a minimum of 40 acres, whichever is greater. Agricultural District Advisory Committee (ADAC): The Agricultural District Advisory Committee (ADAC) held a public meeting on July 14, 2009 and September 15, 2009. The ADAC (8-0-2, Kurtz and Holden absent for the vote on July 14, 2009 and 9-0-1, Kurtz absent for the vote on September 15, 2009) recommended to the Planning Commission and to the Board of Supervisors to approve the creation of the Chrysalis Vineyards/Locksley Estate Agricultural and Forestal District (AFD), for a term of ten (10) years and to require any subdivisions or adjustments to parcels in the district meet the current zoning requirements or a minimum of 40 acres, whichever is greater. Staff: Staff recommends that the Chrysalis Vineyards/Locksley Estate AFD be created, as described in Attachment 2, for a term of four (4) years and to require any subdivisions or adjustments to parcels in the district meet the current zoning requirements or a minimum of 40 acres, whichever is greater. BACKGROUND: Pursuant to Code of Virginia Chapter 43, Title 15.2, White Cloud Nine Ventures of Middleburg, Virginia, has submitted an application with the Board of Supervisors to create the Chrysalis Vineyards/Locksley Estate Agricultural and Forestal District. The owner has proposed the District to have a 4-year term and a subdivision minimum of 40 acres. The Parcels currently

Chrysalis Vineyards/Locksley Estate AFD Board of Supervisors Public Hearing

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proposed for the District lie generally within an area on the west side of Aldie Dam Road (Route 632), on the south side of John Mosby Highway (Route 50), on the east side of Champe Ford Road (Route 629, and on the north side of Rochester Lane, in the Blue Ridge Election District. The Parcels are more particularly described as follows:

PIN # Tax Map Number Acres 397267021000 /89//11/////1/ 202.36 398254379000 /98//////4B-1/ 44.39 434292430000 /97/////////5B 133.09 435496507000 /97///////5A2/ 31.94

The application has been referred to the Planning Commission and to the Agricultural District Advisory Committee (ADAC) for recommendation. Subsequently, the applicant, and landowners of property adjacent to applicant, were notified of the application and provided the tentative dates of the public hearings at which the applications would be reviewed. The ADAC held a public meeting on July 14, 2009, and on September 15, 2009, to consider the application and to render expert advice as to the nature of farming and forestry and agricultural and forestal resources within the District and their relation to the entire county. The ADAC recommended to the Planning Commission and to the Board of Supervisors to approve the creation of the Chrysalis Vineyards/Locksley Estate Agricultural and Forestal District (AFD), and to require any subdivisions or adjustments to parcels in the district meet the current zoning requirements or a minimum of 40 acres, whichever is greater. Further, the ADAC recommended the proposed term of the District be modified to ten (10) years, rather than the four-year term requested by the landowner. The ADAC cited committee policy to recommend renewal of all Districts under review for a new term of ten (10) years. Since the policy was adopted by the ADAC in March 2009, one District with an expiring term of less than ten years (the New Lucketts AFD) has been renewed with the maximum allowed ten-year term. The policy was adopted by the ADAC to strengthen program integrity by increasing the commitment for participation and to lessen costs associated with staff management. The Planning Commission held a public hearing on September 17, 2009 to consider the application and to report its recommendations including but not limited to the potential effect of the district and proposed modifications upon the county's planning policies and objectives. The Planning Commission recommended to the Board of Supervisors to approve the creation of the Chrysalis Vineyards/Locksley Estate Agricultural and Forestal District (AFD), and to require any subdivisions or adjustments to parcels in the district meet the current zoning requirements or a minimum of 40 acres, whichever is greater. The Planning Commission also recommended the proposed term of the District be modified to ten (10) years, rather than the four-year term requested by the landowner. Staff supports the application as proposed, with a four-year term and a subdivision minimum of 40 acres. Staff supports the growth of the program and number of districts and considers a 4-year term to be a reasonable initial commitment that does not place a substantial burden on staff to manage. The two following tables show the distribution of Loudoun’s 23 AFDs by term length and subdivision minimum.

Chrysalis Vineyards/Locksley Estate AFD Board of Supervisors Public Hearing

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Number of AFDs by Subdivision Minimum20 Acre 10 AFDs50 Acre 7 AFDs40 Acre 3 AFDs25 Acre 2 AFDs

10 Acre 1 AFD After receiving the reports of the Planning Commission and the ADAC, the Board of Supervisors shall hold a public hearing as provided by law, and after such public hearing, may by ordinance add land to an existing district as applied for, or with any modifications it deems appropriate. State Code requires the Board of Supervisors shall act to adopt or reject the application, or any modification of it, no later than 180 days from the June 1 annual deadline selected by the Board of Supervisors. Any owner of additional qualifying land may join the application within thirty days from the date notice is first published or, with the consent of the Board of Supervisors, at any time before the public hearing the Board must hold on the application. Eligibility for the Agricultural and Forestal District Program is based on geography. Virginia State Code requires that each Agricultural and Forestal District have a core of at least 200 acres in one parcel or contiguous parcels. A parcel not part of the core may be included in a District if:

a. the nearest boundary of the parcel is within one mile of the boundary of the core, or

b. it is contiguous to a parcel in the district the nearest boundary of which is within one mile of the boundary of the core.

The Loudoun County Agricultural and Forestal District Program was formed in 1979 under Virginia State enabling legislation. The State Code of Virginia and Loudoun County Ordinance characterize the purpose of the program as a means for a mutual undertaking by landowners and the county to protect and enhance agricultural and forestal land as a viable segment of the Commonwealth's economy and as an economic and environmental resource of major importance. Every Loudoun County Ordinance adopting and establishing an Agricultural and Forestal District contains the following language: "All provisions of the Loudoun County Zoning and Subdivision Ordinance shall be applicable within the District, but only to the extent that such ordinances are not in conflict with the

Number of AFDs by Term Length 4 Year 12 AFDs10 Year 8 AFDs8 Year 1 AFD6 Year 1 AFD5 Year 1 AFD

Chrysalis Vineyards/Locksley Estate AFD Board of Supervisors Public Hearing

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purposes of Title 15.2, Chapter 43 of the Code of Virginia (1950) as amended. All land use planning decisions, special exceptions, special use permits and variances affecting any parcel of land within or adjacent to the District shall take into account the existence of the District and purposes and policies of this Ordinance." The Agricultural and Forestal District Program provides landowners several benefits, and in return, those landowners limit the degree to which their land can be subdivided. Most significant, qualifying land lying within an Agricultural and Forestal District is eligible for use-value assessment and taxation. This eligibility provides an “insurance policy” should Loudoun County terminate the Land Use Program, as land lying in an Agricultural and Forestal District shall qualify for use-value assessment pursuant to Article 4 (§ 58.1-3229 et seq.) of Chapter 32 of Title 58.1, if the requirements for use-value assessment contained therein are satisfied. Furthermore, while it is not required of land to be enrolled in an Agricultural and Forestal District to qualify under the Loudoun County Land Use Program, land enrolled in a District is eligible for Open Space Land Use under the “Achievement of a Comprehensive Planning Goal” open space criterion with a minimum of five qualifying acres. Additionally, Agricultural and Forestal Districts offer some protection from eminent domain authority. Acquisition of land for power lines, roadways, and other infrastructure within a District, as well as the expenditure of public funds for non-farm related purposes, are subject to a special public review process. Finally, local governments may not enact laws within a district that put unreasonable restrictions on farm structures or farming and forestry practices. According to State Code, the following factors should be considered by the Planning Commission and the ADAC, and at any public hearing at which an application is being considered: 1. The agricultural and forestal significance of land within the district or addition and in areas adjacent thereto; 2. The presence of any significant agricultural lands or significant forestal lands within the district and in areas adjacent thereto that are not now in active agricultural or forestal production; 3. The nature and extent of land uses other than active farming or forestry within the district and in areas adjacent thereto; 4. Local developmental patterns and needs; 5. The comprehensive plan and, if applicable, the zoning regulations; 6. The environmental benefits of retaining the lands in the district for agricultural and forestal uses; and 7. Any other matter which may be relevant. ISSUES: The applicant has proposed a four-year term, and staff supports an initial term of four years. The ADAC and Planning Commission have recommended a ten-year term in keeping with recent policy changes. As such, the Board may indicate its preference for the length of the term when creating this new Agricultural and Forestal District.

Chrysalis Vineyards/Locksley Estate AFD Board of Supervisors Public Hearing

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FISCAL IMPACT: N/A DRAFT MOTIONS: 1a. I move that the Board of Supervisors state its intent to create the Chrysalis Vineyards/Locksley Estate Agricultural and Forestal District, as summarized in Attachment 2, for a term of ten years and to require any subdivision or adjustments to parcels in the district to meet the current zoning requirements or a minimum of 40 acres, whichever is greater. AND 1b. I move that the application for the creation of the Chrysalis Vineyards/Locksley Estate Agricultural and Forestal District be sent to the November 17, 2009, Business Meeting for action. OR 2a. I move that the Board of Supervisors state its intent to create the Chrysalis Vineyards/Locksley Estate Agricultural and Forestal District, as summarized in Attachment 2, for a term of ____ years and to require any subdivision or adjustments to parcels in the district to meet the current zoning requirements or a minimum of 40 acres, whichever is greater. AND 2b. I move that the application for the creation of the Chrysalis Vineyards/Locksley Estate Agricultural and Forestal District be sent to the November 17, 2009, Business Meeting for action. OR 3. I move an alternate motion … ATTACHMENTS: Attachment 1: Application for the creation of the Chrysalis Vineyards/Locksley Estate Agricultural and Forestal District Attachment 2: Map of the proposed Chrysalis Vineyards/Locksley Estate Agricultural and Forestal District

Attachment 1

Attachment 1

Attachment 1

Attachment 1

Attachment 1

Attachment 1

Attachment 1

VII. Property Owner Acknowledgement: I submit 133.07 acres to the Chrysalis Vineyards/Locksley Estate AFD. I understand that this Agricultural District has a term of four years, beginning January 1, 2010, and a subdivision minimum* of 40 acres. *A subdivision minimum defines the minimum number of acres to which a parcel can be subdivided while enrolled in an Agricultural and Forestal District.

I understand that any subdivision or boundary line adjustment resulting in a parcel below the minimum subdivision limit of the Agricultural District will not be permitted. I understand that the term review of this AFD will begin at least 90 days prior to January 1, 2014.

PLEASE CONTACT THE DEPARTMENT OF ECONOMIC DEVELOPMENT AT 703-777-0426 WITH QUESTIONS CONCERNING THE AGRICULTURAL & FORESTAL DISTRICT

PROGRAM.

PLEASE CONTACT THE OFFICE OF THE COUNTY ASSESSOR AT 703-777-0267 WITH QUESTIONS CONCERNING THE LAND USE PROGRAM.

Attachment 1

VII. Property Owner Acknowledgement: I submit 31.94_acres to the Chrysalis Vineyards/Locksley Estate AFD. I understand that this Agricultural District has a term of four years, beginning January 1, 2010, and a subdivision minimum* of 40 acres. *A subdivision minimum defines the minimum number of acres to which a parcel can be subdivided while enrolled in an Agricultural and Forestal District.

I understand that any subdivision or boundary line adjustment resulting in a parcel below the minimum subdivision limit of the Agricultural District will not be permitted. I understand that the term review of this AFD will begin at least 90 days prior to January 1, 2014.

PLEASE CONTACT THE DEPARTMENT OF ECONOMIC DEVELOPMENT AT 703-777-0426 WITH QUESTIONS CONCERNING THE AGRICULTURAL & FORESTAL DISTRICT

PROGRAM.

PLEASE CONTACT THE OFFICE OF THE COUNTY ASSESSOR AT 703-777-0267 WITH QUESTIONS CONCERNING THE LAND USE PROGRAM.

Attachment 1

VII. Property Owner Acknowledgement: I submit 202.36 acres to the Chrysalis Vineyards/Locksley Estate AFD. I understand that this Agricultural District has a term of four years, beginning January 1, 2010, and a subdivision minimum* of 40 acres. *A subdivision minimum defines the minimum number of acres to which a parcel can be subdivided while enrolled in an Agricultural and Forestal District.

I understand that any subdivision or boundary line adjustment resulting in a parcel below the minimum subdivision limit of the Agricultural District will not be permitted. I understand that the term review of this AFD will begin at least 90 days prior to January 1, 2014.

PLEASE CONTACT THE DEPARTMENT OF ECONOMIC DEVELOPMENT AT 703-777-0426 WITH QUESTIONS CONCERNING THE AGRICULTURAL & FORESTAL DISTRICT

PROGRAM.

PLEASE CONTACT THE OFFICE OF THE COUNTY ASSESSOR AT 703-777-0267 WITH QUESTIONS CONCERNING THE LAND USE PROGRAM.

Attachment 1

VII. Property Owner Acknowledgement: I submit 44.39 acres to the Chrysalis Vineyards/Locksley Estate AFD. I understand that this Agricultural District has a term of four years, beginning January 1, 2010, and a subdivision minimum* of 40 acres. *A subdivision minimum defines the minimum number of acres to which a parcel can be subdivided while enrolled in an Agricultural and Forestal District.

I understand that any subdivision or boundary line adjustment resulting in a parcel below the minimum subdivision limit of the Agricultural District will not be permitted. I understand that the term review of this AFD will begin at least 90 days prior to January 1, 2014.

PLEASE CONTACT THE DEPARTMENT OF ECONOMIC DEVELOPMENT AT 703-777-0426 WITH QUESTIONS CONCERNING THE AGRICULTURAL & FORESTAL DISTRICT

PROGRAM.

PLEASE CONTACT THE OFFICE OF THE COUNTY ASSESSOR AT 703-777-0267 WITH QUESTIONS CONCERNING THE LAND USE PROGRAM.

Attachment 1

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NEW M

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WINERY LA

ROC HESTER LA

LON GHILL LA

CHELTEN LA

FULLCRY FARM LA

ALDIE RD

TOAD HALL LA

BUCKSVILLE LA

WHITTEN FARM CT

SADDLERIDGE LA

CANNON RIDGE LA

STOKE FARM LA

Map of the ProposedChrysalis Vineyards/Locksley Estate

Agricultural & Forestal District

January 1, 2010 - January 1, 2014 Term of ____ years

Subdivision minimum of 40 acres

0 2Miles

Loudoun County, Virginia

LegendOne Mile BufferChrysalis-Locksley

Other AFDParcels