PLANNING COMMISSION BRIEFING ITEM. May 22, 2018, Planning Commission Public Hearing 1. HILLBROOK AGRICULTURAL AND FORESTAL DISTRICT REVIEW AND RENEWAL

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1 Date of Meeting: May 10, 2018 PLANNING COMMISSION BRIEFING ITEM May 22, 2018, Planning Commission Public Hearing 1. HILLBROOK AGRICULTURAL AND FORESTAL DISTRICT REVIEW AND RENEWAL Election District: Staff Contact: Applicant Representative: Request: Catoctin Rodion Iwanczuk, Senior Planner, AFD Program Adm. NA To seek Planning Commission recommendation to the Board of Supervisors (Board) for action on the review and renewal, modification or termination of the New Featherbed Agricultural and Forestal District (District) prior to the District s expiration on November 3, Considerations: Staff has identified the following items for consideration: 1. Land may be withdrawn from the District at the owner's discretion by filing a written notice with the Board at any time before the Board acts. The Virginia Code requires that each AFD have a core of at least 200 acres, and all parcels within an AFD must continue to meet certain geographic or other requirements to be eligible and remain in the AFD. Thus, the withdrawal of a parcel may affect an AFD s ability to meet the required 200-acre minimum core and/or the ability of other parcels to meet the geographic requirements. Staff has received one written Notice of Withdrawal for one parcel currently enrolled in the District but the withdrawal does not impact the core or the eligibility of other parcels. 2. The owners of all parcels containing at least 5 acres but less than 20 acres must submit an application to be renewed and continue membership in an AFD. Failure to submit an application makes the property ineligible for renewal. Similar to the withdrawal of a parcel, the non-renewal of a parcel for failure to properly reapply may affect an AFD s ability to meet the minimum core and/or the ability of other parcels to meet the geographic requirements. Three owners failed to submit an application but the elimination of the parcels does not impact the core or eligibility of other parcels. 3. The current period of the District is 10 years and the ADAC recommends renewing the District for a 4-year period. An analysis performed for the Transportation and Land Use Committee (TLUC) in January 2017 found that four-year periods, as opposed to longer periods, would provide for a more efficient AFD review and renewal process by the Board.

2 A landowner may always submit a request to the Board to withdraw their land from the District prior to the District s next review and renewal. Such requests have an associated $500 fee, and are subject to roll-back taxes. Public Comments: Application Status: None Staff recommends renewing the District but modifying the period before the next review of the District from 10 years to 4 years.

3 Hillbrook Agricultural and Forestal District Map

4 AGDT # AGRICULTURAL DISTRICT Attachment 1, HILLBROOK Proposed Renewal Recommendations PARCEL PIN / PARCEL CURRENT OWNER NAME 1 OF 2 MCPI NUMBER TAXMAP NUMBER LEGAL ACREAGE RECOMMENDATION 1 AGDT HILLBROOK /47///3/////1/ ANDERSON, MARK EDWARD TRUSTEE 10 RENEWAL 2 AGDT HILLBROOK /46/B/1/////6/ FENNELL, CHRISTOPHER J & SANDRA M 3 RENEWAL 3 AGDT HILLBROOK /46/B/1/////7/ FENNELL, CHRISTOPHER J & SANDRA M 3 RENEWAL 4 AGDT HILLBROOK /47/////////5A COSTELLO, DANIEL S & REBECCA B 3 RENEWAL 5 AGDT HILLBROOK /46/////////8B PEARSON, KATHLEEN ORRICK 16.6 RENEWAL 6 AGDT HILLBROOK /46/A/1/////B/ DESOUZA, NELSON A RENEWAL 7 AGDT HILLBROOK /46////////14D COSTELLO, DANIEL S & REBECCA B RENEWAL 8 AGDT HILLBROOK /47////////10B SALANT, STEPHEN W 20 RENEWAL 9 AGDT HILLBROOK /46////////50E GOOD, MARGARET J RENEWAL 10 AGDT HILLBROOK /46//13/////2/ HOFFMAN, MICHAEL E & LINDA J 13.1 RENEWAL 11 AGDT HILLBROOK /46//13/////1/ CHASE, JONATHAN & K CHASE 5.85 RENEWAL 12 AGDT HILLBROOK /46////////55A WEBBER, GEORGE E & SUSAN P 7 RENEWAL 13 AGDT HILLBROOK /46/////////1/ ROGERS, JOSEPH M ESTATE RENEWAL 14 AGDT HILLBROOK /46/////////4C LAFFERTY, ROBERT & GAIL 3 RENEWAL 15 AGDT HILLBROOK /37////////37/ EARLY, KEITH & CHERYL 147 RENEWAL 16 AGDT HILLBROOK /46/////////4A LLOYD, JEANETTE 4.39 RENEWAL 17 AGDT HILLBROOK /46/////////2/ ROGERS, JOSEPH M ESTATE 26.3 RENEWAL 18 AGDT HILLBROOK /46/////////6A ROGERS, JOSEPH M ESTATE 5.26 RENEWAL 19 AGDT HILLBROOK /46/////////6/ ROGERS, JOSEPH M RENEWAL 20 AGDT HILLBROOK /46//24/////7/ STIPANCIC, CHARLES V & LEAH M RENEWAL 21 AGDT HILLBROOK /46////////48B TRAUBEL, ANNETTE JEAN 3 RENEWAL 22 AGDT HILLBROOK /46//30/////2/ TRAUBEL, DOUGLAS B 10 RENEWAL 23 AGDT HILLBROOK /46////////50/ GOOD, MARGARET J 10 RENEWAL 24 AGDT HILLBROOK /46//30/////1/ TRAUBEL, ANNETTE JEAN RENEWAL 25 AGDT HILLBROOK /46////////19/ ROGERS RENNER, MARILYN ASHBY TEE RENEWAL 26 AGDT HILLBROOK /46///5/////1/ ADCOCK, DAVID J & KATHRYN A 5 RENEWAL 27 AGDT HILLBROOK /46///1/////1A MADDOX, ALFRED E & NANCY M 10 RENEWAL 28 AGDT HILLBROOK /46//16/////1/ MENDIGUREN, IGNACIO & MARCIA 33.3 RENEWAL 29 AGDT HILLBROOK /37/C/1/////3/ RHOADS, PETER B & MELINDA L 0.56 RENEWAL Attachment 1

5 30 AGDT HILLBROOK /46////////21A ROGERS, JOSEPH M DR RENEWAL 31 AGDT HILLBROOK /45////////87C ROGERS, JOSEPH M & DONNA T 23.2 RENEWAL 32 AGDT HILLBROOK /45////////65A ROGERS, JOSEPH JR RENEWAL 33 AGDT HILLBROOK /45////////87D THOMPSON, STEPHEN & K BINDLEY TEES RENEWAL 34 AGDT HILLBROOK /45////////88/ ROGERS, JOSEPH M ET AL RENEWAL 35 AGDT HILLBROOK /46/////////2A ROGERS, JOSEPH M DR 64 RENEWAL 36 AGDT HILLBROOK /45////////63/ FORESTMILL FARM LLC RENEWAL 37 AGDT HILLBROOK /45////////64/ MOYES, DAVID H TEE RENEWAL 38 AGDT HILLBROOK /46////////36A MOYES, DAVID H TEE RENEWAL 39 AGDT HILLBROOK /45////////60/ MOYES, DAVID H TEE RENEWAL 40 AGDT HILLBROOK /46/A/2/////3A MONROE, JAMES E & BETSY HOBBS 1.39 RENEWAL 41 AGDT HILLBROOK /46/A/2/////4/ MONROE, JAMES E & BETSY HOBBS 5 RENEWAL 42 AGDT HILLBROOK /45////////65B EPES, W. PERRY & GAIL A 15 RENEWAL 43 AGDT HILLBROOK /45/////////53A COLES, JEFFREY & CATHLYN 10 RENEWAL 44 AGDT HILLBROOK /45/////////60A PFOUTZ, JEFFREY & BARBARA MCKEE 6 RENEWAL 45 AGDT HILLBROOK /46////////24D NOLL, KEVIN A & STACEY RENEWAL 46 AGDT HILLBROOK /36//29/////9/ PLATER, MICHAEL A & CASS 9.33 RENEWAL 47 AGDT HILLBROOK /46/A/1/////C/ SEIFERT, STEPHEN C & CAROLYN B *WITHDRAW 48 AGDT HILLBROOK /46/B/1/////5/ FENNELL, CHRISTOPHER J & SANDRA M 5.68 **NONRENEWAL 49 AGDT HILLBROOK /46///1/////1/ GRAHAM, GARY K & NANCY B 8.57 **NONRENEWAL 50 AGDT HILLBROOK /45////////87B TANNER, NANCY B TRUSTEE 10 **NONRENEWAL *The landowner of this parcel requests withdrawal from the AFD Program as permitted under Virginia Code Section **This parcel contains at least five (5) but less than twenty (20) acres and is not recommended for renewal due to failure to properly reapply

6 Advisory Committee Review AFD Review and Renewal Process Template Attachment In accordance with Virginia Code and , the ADAC shall review and advise, assist, and make recommendations to the Planning Commission and the Board in regard to the renewal of the AFD and any proposed modifications. In particular, the ADAC shall render expert advice in regard to the nature of farming and forestry and agricultural and forestal resources within the AFD and their relation to the entire County. In accordance with Virginia Code , the Planning Commission shall report its recommendations to the Board including but not limited to the potential effect of the AFD and proposed modifications upon the County's planning policies and objectives. Under Virginia Code , the Planning Commission and the ADAC should consider the following factors as part of their review: 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. In judging the agricultural and forestal significance of land, any relevant agricultural or forestal maps may be considered, as well as soil, climate, topography, other natural factors, markets for agricultural and forestal products, the extent and nature of farm structures, the present status of agriculture and forestry, anticipated trends in agricultural economic conditions and such other factors as may be relevant. Land Management Plans Pursuant to an amendment to Chapter 1226 of the Codified Ordinances the owners of all parcels containing at least five acres but less than 20 acres must submit an application to be renewed and continue membership in an AFD. The failure of any such owner to submit an application shall render such owner s property ineligible for renewal in the AFD. However, parcels of land which contain less than five acres or greater than 20 acres will be renewed and continue membership in the AFD automatically, if no action is taken. Upon commencement of the review process for the District, all landowners currently enrolled in the District were mailed respective notices of the Attachment 2

7 District s review by certified first-class mail (Attachment 3) 1 on April 1, The notices also advised that any parcel containing at least five acres but less than 20 acres will be ineligible for renewal and inclusion within the District unless the owner submitted an application on forms provided by the Department of Planning and Zoning and submitted one or more of the following: 1. Management Plan that specifically states that the property owner(s) are accumulating the required five-year production records in order to qualify for agricultural, to include horticulture, land use tax deferral. 2. Animal Husbandry including Equine uses (commercial or non-commercial) with a Management Plan that relates the pasture carrying capacity to limit the number of animals allowed. 3. Forests and woodlands with a management plan that specifies the actions required to maintain and enhance the stands. 4. Wetlands, flood plains, streams and/or rivers that have Management Plans that set forth the terms for their maintenance and enhancement. 1 Virginia Code requires that written notice of an AFD s review and renewal be sent to owners of land within the AFD by first-class mail. The Board adopted a resolution on January 3, 2008, that instructed Staff to send such notices by certified first-class mail.

8 Loudoun County, Virginia Department of Planning and Zoning 1 Harrison Street, S.E., 3 rd Floor, P.O. Box 7000, Leesburg, VA / Fax 703/ <insert today s date> «OWNER_NAME» «OWNER_STREET_ADDRESS» «OWNER_CITY_STATE_ZIP» AGRICULTURAL & FORESTAL DISTRICT NOTICE NEW RENEWAL REQUIREMENT Renewal applications are required for parcels containing at least 5 acres but less than 20 acres and must be submitted by <insert deadline for submitting renewal application> Dear Landowner: County records indicate that your land listed in the table below is enrolled in the <insert AFD name> Agricultural and Forestal District (the District ). TAX MAP #: «PARCEL_TAXMAP_NUMBER» PIN: «PARCEL_PIN MCPI_NUMBER» Acreage: «LEGAL_ACREAGE» The District s period expires on <insert expiration date of AFD>. Pursuant to Chapter 1226 of the Codified Ordinances of Loudoun County, the Board of Supervisors shall conduct a review in order to determine whether to continue, modify or terminate the District, and shall request the recommendations of the Planning Commission and the Agricultural and Forestal District Advisory Committee (ADAC) in conducting such review. During the Board s review, pursuant to an amendment to Chapter 1226 adopted by the Board December 12, 2011, the owners of all parcels containing at least five (5) acres but less than twenty (20) acres are now required to submit an application for renewal. Renewal applications for parcels containing at least five (5) acres but less than twenty (20) acres must be accompanied by a signed copy of an appropriate Farm Management Plan or a Forest Management Plan, as appropriate based on the use of the property. Please contact the Loudoun Soil and Water Conservation District at (571) for information in regard to Farm Management Plans and please note such plans will take a minimum of approximately seven (7) to ten (10) days to complete. Please contact the Virginia Department of Forestry at (540) for more information in regard to Forest Management Plans and please note that such plans will take a minimum of approximately 90 to 120 days to complete. Renewal applications and Management Plans shall be submitted to the below address by <insert deadline>. Failure of any such owner to submit an application and Management Plan for their property by <insert deadline>, shall render the property ineligible for renewal in the District. Please note that owners of parcels less than five (5) acres or twenty (20) acres or more are not required to submit a renewal application and their parcels will be renewed in the District automatically if no action is taken. During the Board s review, land currently within the District may be withdrawn from the District. If you would like to withdraw your land from the District, please submit a written notice of withdrawal to the below address. Although, you may submit such a notice up until the time that the Board acts to continue, modify or terminate the District, we ask that you submit your written notice by <insert deadline>, to ensure adequate time to process your request. Please submit all applications for renewal, all written notices of withdrawal, and any other associated materials, such as management plans, to: Loudoun County Department of Planning & Zoning ATTN: AFD Program Renewal 1 Harrison Street SE, MSC #62 P.O. Box 7000 Leesburg, VA Upon receipt, Staff will review all applications for renewal, all written notices of withdrawal, and any other submitted materials, and will contact you if further information is needed. Renewal applications may be downloaded from our website at: Attachment 3

9 To briefly describe the process for the Board s review of the District, Staff will first review all renewing parcels to ensure that all such parcels are geographically eligible to participate in the District. These applications and the District s current Ordinance will then be forwarded to the ADAC for review at a public meeting. Upon completion of its review, ADAC will then forward its recommendation for continuation, modification or termination to the Planning Commission and Board of Supervisors. Upon receipt of ADAC s recommendation, the Planning Commission will review the District at a Public Hearing, after which its recommendation for continuation, modification or termination also will be forwarded to the Board of Supervisors. After receiving recommendations from both the Planning Commission and the ADAC, the Board of Supervisors will hold a Public Hearing in regard to the continuation, modification or termination of the District. At this Public Hearing, the Board may act to continue, with any modification it deems appropriate, or terminate, the District, or it may forward this decision to a following Board of Supervisors Business Meeting. Please be aware that at the Board s first Business Meeting each month, Public Input will begin at 6:30 p.m.; at the Board s second Business Meeting each month, public comment will be included at the beginning of the agenda at 5:00 p.m. The dates of the afore-mentioned public meetings and hearings are listed in the table below: Review Date Time Location ADAC Public Meeting <insert date> 7:00 PM Gov t Center 1 Harrison Street, S.E., 1 st Floor Purcellville Room Planning Commission Gov t Center 1 Harrison Street, S.E., 1 <insert date> 6:00 PM Floor Public Hearing Board of Supervisors Meeting Room Board of Supervisors Gov t Center 1 Harrison Street, S.E., 1 <insert date> 6:00 PM Floor Public Hearing Board of Supervisors Meeting Room Board of Supervisors Business Meeting Public Input <insert date> 5:00 PM Gov t Center 1 Harrison Street, S.E., 1 st Floor Board of Supervisors Meeting Room Board of Supervisors Business Meeting Public Input <insert date> 6:30 PM Gov t Center 1 Harrison Street, S.E., 1 st Floor Board of Supervisors Meeting Room Should the Board of Supervisors decide to continue (renew) the District, the Board is also authorized to modify the period, subdivision minimum, or any other conditions of the District. Please note that any such modifications shall be described in a notice sent by first-class mail to you and published in a newspaper having a general circulation within the District at least two (2) weeks prior to adoption of the ordinance continuing the District. Additionally, please note that your participation in this program is voluntary. Enrollment runs with the land, not the owner. This means that you, the current owner, might not be aware that your land is enrolled in the District. If this is the case or you think you have received this notice in error, please contact us. If you have any questions or need more information or assistance, please do not hesitate to contact me at or via at dpz@loudoun.gov. Sincerely, Rodion Iwanczuk Rodion Iwanczuk Senior Planner Enclosures cc: WebLMIS & LMIS Files G:\MEETING DOCUMENTS - PLANNING AND ZONING\3. Staff Report Review\2018\Planning Commission PH\ \Hillbrook AFD\ATTACHMENTS\Att 3 TEMPLATE #2a_AFD Letter_Notify Landowner of Review-Renewal.docx

10 Proposed Schedule for the Review/Renewal of New Oak Hill AFD Deadline to Act is December 18, 2018 February 1, 2018 March 16, 2018 April 12, 2018 May 22, 2018 January 12, 2018 July 11, 2018 July 12, 2018 August 21, 2018 September 4, 2018 Send out certified letters notifying landowners of the District s review and renewal (this is the official notification of a public meeting). 45-Day Deadline for Renewal Applications. ADAC review of District and individual renewal applications; provide PC & BOS with recommendations for modification to the Districts terms, renewal, or denial of applications based on agricultural and/or forestal significance. Planning Commission Public Hearing. Action Item to the Transportation and Land Use Committee Board of Supervisors Public Hearing (possible action unless BOS wishes to modify the period of the District). If the BOS decides to modify the terms of the District, letters are sent out via first class mail to landowners notifying them of the modification. 14-Day Deadline for Notification to Landowners of District Modification by the Board of Supervisors. Board of Supervisors Business Meeting for Action, if needed. Attachment 4

11 1 A B C D E F G H I J K L M Hillbrook AFD Land Use Deferred Tax for Open Space and Other Parcels Use 2018 Fair 2018 Non qualifying 2018 Deferred Agricultural Category Market Value Assessment (Land Use Assessment 2018 Deferred Tax (Col & Forestal (See key 2018 Legal 2018 Land Use (FMV) Total 2018 FMV Land 2018 Improvements 2018 Land Use 2018 Agriculture minus Agriculture (Col G minus L) Based on PIN District below) Acreage Acreage Assessment Assessment Assessment Assessment Assessment Assessments) Col I) $1.085/$ HILLBROOK A 10 7 $746, $240, $505, $184, $3, $180, $56, $ HILLBROOK O $601, $214, $386, $138, $8, $129, $75, $ HILLBROOK O 3 3 $190, $190, $0.00 $5, $5, $0.00 $184, $2, HILLBROOK O 3 3 $190, $190, $0.00 $5, $5, $0.00 $184, $2, HILLBROOK O $12, $12, $0.00 $2, $2, $0.00 $10, $ HILLBROOK O 5 4 $465, $208, $257, $146, $6, $140, $61, $ HILLBROOK 3 $389, $190, $199, $0.00 $ HILLBROOK O $698, $310, $388, $166, $26, $140, $143, $1, HILLBROOK F, A $1,706, $395, $1,311, $166, $10, $156, $228, $2, HILLBROOK $649, $309, $339, $0.00 $ HILLBROOK O $845, $266, $578, $162, $17, $145, $103, $1, HILLBROOK O $772, $325, $447, $165, $32, $133, $160, $1, HILLBROOK A $565, $255, $310, $136, $3, $133, $118, $1, HILLBROOK O $1,146, $266, $879, $186, $18, $168, $80, $ HILLBROOK O $807, $215, $591, $144, $8, $136, $71, $ HILLBROOK O 7 7 $226, $226, $0.00 $11, $11, $0.00 $214, $2, HILLBROOK A $1,226, $879, $347, $102, $ $102, $776, $8, HILLBROOK 3 $567, $165, $402, $0.00 $ HILLBROOK P $2,863, $1,334, $1,529, $460, $232, $228, $873, $9, HILLBROOK 4.39 $430, $177, $253, $0.00 $ HILLBROOK A $368, $368, $0.00 $94.00 $94.00 $0.00 $368, $3, HILLBROOK A $185, $185, $0.00 $17.00 $17.00 $0.00 $184, $2, HILLBROOK A $2,609, $1,940, $669, $173, $ $172, $1,767, $19, HILLBROOK O $947, $281, $665, $161, $21, $140, $120, $1, HILLBROOK F, A 3 3 $190, $190, $0.00 $1, $1, $0.00 $188, $2, HILLBROOK A, F $235, $235, $0.00 $3, $3, $0.00 $232, $2, HILLBROOK A $240, $240, $0.00 $3, $3, $0.00 $236, $2, HILLBROOK F, A $653, $277, $376, $194, $4, $190, $83, $ HILLBROOK A $1,835, $1,349, $485, $192, $ $192, $1,157, $12, HILLBROOK 5 $593, $208, $385, $0.00 $ HILLBROOK 8.57 $592, $240, $352, $0.00 $ HILLBROOK O 10 9 $578, $240, $337, $148, $15, $133, $92, $ HILLBROOK P $2,337, $445, $1,892, $194, $54, $140, $250, $2, HILLBROOK 0.56 $449, $128, $321, $0.00 $ HILLBROOK A $692, $692, $0.00 $ $ $0.00 $691, $7, HILLBROOK A $343, $343, $0.00 $6, $6, $0.00 $336, $3, HILLBROOK A $206, $206, $ $3, $3, $0.00 $203, $2, HILLBROOK A $335, $335, $0.00 $9, $9, $0.00 $326, $3, HILLBROOK 10 $510, $228, $282, $0.00 $ HILLBROOK A $1,805, $1,645, $160, $92, $ $92, $1,552, $16, HILLBROOK A $1,191, $595, $596, $110, $ $110, $484, $5, HILLBROOK O 10 9 $1,295, $228, $1,067, $130, $15, $115, $97, $1, HILLBROOK A $395, $192, $203, $110, $2, $108, $81, $ HILLBROOK O $752, $246, $505, $136, $8, $127, $109, $1, HILLBROOK A $1,007, $767, $240, $87, $ $87, $679, $7, HILLBROOK A $427, $263, $164, $205, $3, $201, $58, $ HILLBROOK A $289, $289, $0.00 $3, $3, $0.00 $286, $3, HILLBROOK A $760, $745, $14, $24, $24, $0.00 $721, $7, HILLBROOK A $1,096, $1,085, $11, $35, $35, $0.00 $1,050, $11, HILLBROOK A, F $794, $255, $539, $115, $3, $112, $139, $1, TOTAL for ALL PARCELS $38,822, $20,821, $18,001, $4,330, $616, $3,713, $14,844, $161, TOTAL for OPEN SPACE PARCELS $9,528, $3,421, $6,106, $1,711, $204, $1,507, $1,709, $18, FMV= Fair Market Value Use Category F = Forestry O = Open Space (Highlighted) A = Agriculture Attachment 5