HomeMy WebLinkAboutAgenda - 01-22-2009 - 3bORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 22, 2009
Action Agenda
Item No. j - ~j
SUBJECT: Voluntary Agricultural District Desi nation: Minka Farm, LLC
DEPARTMENT: Environment and Resource PUBLIC HEARING: (Y/N) No
Conservation
ATTACHMENT(S):
1) Application
2) ERCD Staff Memo, Vicinity Map
3) Certification from NRCS & Soils Maps
4) Certification from Tax Supervisor
5) Memo to Agricultural Preservation
Board
INFORMATION CONTACT:
David Stancil, 245-2590
Tina Moon, 210-2595
PURPOSE: To consider an application from Brian and Kimberly Harry to certify Minka Farm as
qualifying farmland within the Cane Creek/Buckhorn Voluntary Agricultural District.
BACKGROUND: Brian and Kimberly Harry have applied to have their property, Minka Farm
LLC, designated as a certified qualifying farm for the Cane Creek/Buckhorn Voluntary
Agricultural District. The farm consists of six parcels, located along the east side of Buckhorn
Road, just south of Mt. Willing Road, in Cheeks and Bingham townships. Together the parcels
total 275 acres. The County's adopted Voluntary Farmland Protection Ordinance (VFPO)
outlines a procedure for the Agricultural Preservation Board to review and approve applications
for qualifying farmland, and to make recommendations to the Board of Commissioners
concerning the establishment and modification of agricultural districts. Section VII of the VFPO
contains the requirements for inclusion in a voluntary agricultural district, (VAD). To be certified
as qualifying farmland, a farm must:
1. Consist of a minimum of 20 contiguous acres;
2. Be participating in the farm present-use-value taxation program established by N.C.G.S.
§105-277.2 through §105-277.7, or is otherwise determined by the county to meet all the
qualifications of this program set forth in G.S. 105-277.3;
3. Be certified by the Natural Resources Conservation Service of the United States
Department of Agriculture as being a farm on which at least two-thirds of the land is
composed of soils that:
a. Are best suited for providing food, seed, fiber, forage, timber, forestry
products, horticultural crops and oil seed crops;
b. Have good soil qualities;
2
c. Are favorable for all major crops common to the county where the land is
located;
d. Have a favorable growing season; and
e. Receive the available moisture needed to produce high yields for an average
of eight out of ten years;
OR Have been actively used in agricultural, horticultural or forestry operations as
defined by N.C.G.S. §105-277.2 (1,2,3) during each of the five previous years,
measured from the date on which the determination must be made as to whether the
land in question qualifies;
4. Be managed, if highly erodible land exists on the farm, in accordance with the Natural
Resources Conservation Service defined erosion-control practices that are addressed to
said highly-erodible land; and
5. Be the subject of a conservation agreement, as defined in N.C.G.S. §121-35, between
the County and the owner of such land that prohibits non-farm use or development of
such land for a period of at least ten years, except for the creation of not more than three
lots that meet applicable County zoning and subdivision regulations.
At 275 acres, the six tracts exceed the 20-acre minimum to participate in the VAD program. The
Orange Soil and Water Conservation District Office (NRCS) and the Tax Supervisor have
provided memoranda (attached) which indicate that the farm complies with the certification
requirements outlined in the VFPO (see Attachments #3 and #4).
To be designated as part of a voluntary agricultural district, the Board of Commissioners must
approve the application in accordance with documentation that the farm meets the certification
requirements. Following BOCC approval, the property owner(s) sign a conservation agreement,
as provided in the North Carolina General Statutes, between Orange County and the owner(s)
that prohibits non-farm use or development of such land for a period of at least ten (10) years,
except for the creation of not more than three (3) lots that meet applicable Orange County
zoning and subdivision regulations. The property owner(s) may leave the program by providing
a written request.
The Agricultural Preservation Board voted unanimously to approve the certification of Minka
Farm as qualifying farmland at its October 15, 2008 meeting. The property includes five tracts
in Cheeks Township (TMBL# 3.54..11 E, TMBL# 3.55..11, TMBL# 3.55..12, TMBL# 3.55..6,
TMBL# 3.55..13)), and one additional tract in Bingham Township (TMBL# 6.3..1). The
Agricultural Preservation Board recommends the designation of Minka Farm, LLC,
totaling 275 acres as a certified qualifying farm in the Cane Creek/Buckhorn Voluntary
Agricultural District.
The addition of Minka Farm would increase the number of farms in the VAD program to thirteen
and the total number of acres to 2,734.
FINANCIAL IMPACT: There is no fiscal impact associated with this item. Voluntary agricultural
districts are non-monetary conservation agreements.
RECOMMENDATION(S): The Manager recommends the Board certify Minka Farm, LLC, as
qualifying farmland and designate it as the first farm within the Cane Creek/Buckhorn Voluntary
Agricultural District.
3
VOLUNTARY AGRICULTURAL DISTRICT
INSTRUCTIONS: Before completing the application, please review the provisions of the Orange
County Voluntary Farmland Preservation Program Ordinance, then fill out the
form as accurately and completely as possible. Please sign and date the form, and
return it to the Orange County Environment and Resource Conservation
Department, 306A Revere Road, Hillsborough, NC 27278
APPLICANT:
1' pww~rs r
Name:... ~ (Y61~-&. ~G,Ir"vn ~ L~ C ~.VLAI~,U^f ; ~r-~A,Iti '1' ~1'~ ~ I
Address~~:~~~~`.Z~~ ~~w+~.eww ~' ~'
City: C~1'Wd~- ~? (( State: NL Zip Code: ~~ ~ L
Phone Number (Day): 4 ~ ~ ' a ~-3 - o s 3t (Evening) q ig' 9 6 ~ - (Q G ~ ~
E-Mail: ~~.~ta.YI1.1 @ f'1Afi'~l(M,~ ' fdYY~
PROPERTY INFORMATION:
Property Location/Address: [ ~ !l.(.~ j'1•kA Fd.t^h'1 ~A~'u-
Township:~T ~fti-1 d Tax Map: Block: Lot:
ry~,Q,~j~le- Parcel Identification Number (PII~:
~~G~ Number of Acres: Deed Book: Page:
Sr~C.'E'i
Does this land have a plan on file with the Natural Resources Conservation Service or NC Forest
Service?
Yes: t~ No: If "No", please complete back of form ~'~`
Is this land listed for Present Use taxation with the Orange County Tax OfFice?
Yes: / No: If "No", please complete back of form
OWNER[S] CERTIFICATION:
I [We], the applicant[s], hereby certify that, to the best of my [our] knowledge, the foregoing
application is complete and accurate.
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Signature: 'L ~ Date: ~ f ~--~ C~
Please direct inquiries to:
do Orange County Environment mid Resource Conservation Department
30f,F Revere Road
Hillsborough, NC 27278
Hillsborough • 732-8181 Chapel Hill • 967-9251 DurJtam • 688-7331 Mebane • 227-2031
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ORANGE COUNTY
ENVIRONMENT AND RESOURCE CONSERVATION DEPARTMENT
MEMORANDUM
To: Brent Bogue, District Conservationist
Teresa Moore, Present Use Value Program Director
From: Tina Moon, Cultural Resources Specialist
Date: August 20, 2008
Subject: Minka Farm, LLC
Application for Certification as Qualifying Farmland
Please find attached the application from Brian and Kimberly Harry for Certification as
Qualifying Farmland. The Harry family has submitted this form as part of the application
process for the County's Voluntary Agricultural District Program. According to the application
(attached), the Harrys are enrolled in the present-use taxation program and have a plan on file
with the Natural Resources Conservation Service or North Carolina Forest Service.
To secure such certification, a tract must:
1. Be participating in the present use-value taxation program established
by the NC General Statutes, Sections 105-277.2 through 105-277.7, or is
otherwise determined by the County to meet all the qualifications of this
program set forth in the NC General Statutes, Section 105-277.3.
[Response to be provided by Tax Supervisor]
2. Be certified by the Natural Resources Conservation Service of the United States
Department of Agriculture (NRCS) as being a farm on which at least two-thirds
of the land is composed of soils that:
a. Are best suited for providing food, seed, fiber, forage, timber, and
oil seed crops;
b. Have good soil qualities;
Are favorable for all major crops common to Orange County;
d. Have a favorable growing season; and
e. Receive the available moisture needed to produce high yields for
an average of eight (8) out of ten (10) years; OR be one on which at
least two-thirds of the land has been actively used for agricultural,
horticultural or forestry operations as defined in the NC General Statutes,
McAdams Application for Certification as Qualifying Farmland Page 2
Section 105-277.2 (1,2, and 3), during each of the five (5) previous
years, measured from the date on which the determination must be
made as to whether the land in questions qualifies.
[Response to be provided by District Conservationist]
3. Be managed, if highly erodible land exists on the farm, in accordance with
the NRCS-defined erosion control practices as specified in the 1985 Food
Security Act.
[Response to be provided by District Conservationist]
In accordance with Section V of the Orange County Voluntary Farmland Preservation Ordinance,
you have 30 days within which to evaluate the application for compliance with the above
requirements and return your finding to the Environment and Resource Conservation
Department. In your response, please be as specific as you can be regarding how the property
complies. Provided the property is certified as.qualifying farmland, and the Agricultural
Preservation Board recommends designation as a voluntary agricultural district, the Board of
Commissioners could consider the request in the fall of 2008.
The Harrys have identified six tracts for consideration for the VAD program, five in Cheeks
Township and one in Bingham Township. (You may wish to use the attached maps showing
the boundaries of the property and tabulation of acreage by soil type when completing your
review.)
1) TMBL#3.54..11E 24.61 acres
2) TMBL# 3.55..11 11.03 acres
3) TMBL# 3.55..12 13.93 acres
4) TMBL# 3.55..6 120.40 acres
5) TMBL# 3.55..13 10.54 acres
6) TMBL# 6.3..1 93.54 acres
Revisions to the Voluntary Farmland Protection Program, adopted in June 2005, reduced the
minimum participating farm size requirement to 20 acres. Together the six adjacent tracts
contain 275 acres, well exceeding the minimum requirement.
Thank you for your assistance in this matter. Please feel free to contact me at 210-2595 or by
email at cmoon@co.orange.nc.us, if I can answer any questions or provide additional
information.
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attachments
cc: David Stancil, Environment and Resource Conservation Director
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Minks Farms
TMBL
1 inch = 1,000 feet N
3.54..11 E......24.61 ac. 3.55..12......13.93 ac. orange County
3.55..6........120.40 ac. 3.55.13.......10.54 ac. Environment& Resource ..
Total Acreage 274.09 Conservation Department
3.55-11........11.03 ac. 6.3..1..........93.58 ac. evoung 10i6i08
SOIL & WATER
C O N 5 8 R V A T I O N
Orange Soil & Water
Conservation District
Phone: 919-732-8181, Ext. 2750
Natural Resources
Conservation Service
Phone: 919-644-1079, Ext. 3
0
USDA
i~
PO Box 8181
306 Revere Road
Hillsborough, NC 27278
This report serves to document how the proposed farm qualifies for acceptance into the Voluntary Agricultural
Districts in Orange County.
1. Two-thirds of the soils on the farm must:
a. Be suited for providing food, seed, fiber, forage, timber, and oil seed crops.
YES X % 100
NO
Comments:
b. Have good soil qualities.
YES X
NO
Breakdown of soil classes in percent:
Class I Classes I, II, III are primarily used for cropland
Class II 59%
Class III 28% Classes III-VI are generally best suited for pasture
Class IV 13% or woodland.
Class V
Class VI
Class VIII Class VIII generally unsuited for agricultural use.
Comments:
c. Be favorable for all major crops common to Orange County. Major crops are corn, tobacco, small
grain, pasture, and loblolly pines.
100 % favorable % unfavorable
d. Have favorable growing season. (YES)
0
The growing season for Orange County is approximately 200 days. It begins in approximately the
second week of April and runs until about the last week in October. This response will be consistent
for all farms in Orange County.
e. Receive the available moisture needed to produce high yields for an average of 8 to 10 years. (YES)
Orange County receives approximately 42-45 inches of rainfall annually. This response will be
consistent for all farms in Orange County.
OR
At least two-thirds of the land has been actively used in agriculture, horticulture or forestry operations as
defined in the NC General Statutes, Section 105-277.2 (1,2, and 3) during each of the five previous years,
measured from the date on which the determination must be made as to whether the land in question qualifies.
Acres in cropland
Acres in forestland
Acres in homestead,
farmstead or other
related use
Total TRACT acres
97.6
161.9
10.1
269.6
Greater than two-thirds in designated uses.
Yes X % 100
NO
Comments:
1. Farm must be managed, if highly erodible land exists on the farm, in accordance with the USDA Natural
Resources Conservation Service (MRCS) defined erosion-control practices as specified in the 1985 Food
Security Act as amended.
Plan on file in NRCS Office YES X NO
If NO, plan will be required before acceptance into the Voluntary Agricultural Districts Program.
Comments:
ID
Minka Farm Soils
Ch Chewacla loam 22.87
GeB Georgeville silt loam 50.00
2 to 6 ercent slo e
GeC Georgeville silt loam 11.53
6 to10 ercent slo e
Hr6 Herdon silt loam 72.99
2 to 6 ercent slo e
HrC Herdon silt loam 51.29
6 to 10 ercent slo e
Lg Lignum silt loam 37.62
0 to 3 ercent slo e
Or Orange silt loam- 3.86
0 to 3 ercent slo e
TaD Tatum silt loam 13.45
8 to 15 ercent slo e
TaE Tatum silt loam 6.24
15 to 25 ercent slo e
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Legend Soil Type/Ace rage N
__ Minka Farms 1 inch = 1,000 feet
Ch ) HrB j Or Water
---- ---- Orange County
® GeB HrC TaD Environment& Resource
Conservation Department L"
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B Young 10/6/08
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ORANGE COUNTY TAX OFFICE
JOHN SMITH, Jr., CAE 200 SOUTH CAMERON STREET JO ROBERSON
ASSESSOR P.O. BOX 8181 TAX COLLECTOR
HILLSBOROUGH, NORTH CAROLINA 27278
TELEPHONE (919) 732-8181, Ext. 2100 ,FAX 644-3091
September 5, 2008
Tina Moon, Land Use /Preservation Planner
Orange County Environment and Resource
Conservation Department
P O Box 8181
Hillsborough, N.C. 27278
Dear Tina:
I am in response to your request in reference to Minka Farms LLC, owned by Kimberly and Brian
Harry. The following six tracts they have in the use value program.
3.54..1- 24.61 acres
3.54..12-13.93acres
3.55..13-10.54 acres
3.54..6- 120.40 acres
3.54..11 E-24.61 acres
6.3..1- 93.58 acres
This land has been participating in the use value program since 1991. It was enrolled in the use
program by Jesse Roberts, who was the owner of the property until June 2007. When Brian and
Kimberly purchased this property in 2007, they signed an affidavit assuming the deferred liability on
this land in order to immediately qualify for participation in the use value program.
There are 100.5 acres as agricultural classification and 168.19 acres of wooded land.
Sincerely,
Teresa Moore
Present Use Value
Program Director
13
ORANGE COUNTY
ENVIRONMENT AND RESOURCE CONSERVATION DEPARTMENT
MEMORANDUM
To: Agricultural Preservation Board
From: Tina Moon, Cultural Resources Specialist
Date: October 8, 2008
Subject: Minka Farm LLC, Voluntary Agricultural District Application
Copies: David Stancil, ERC Director
In August, Brian and Kimberly Harry submitted an application to include Minka Farm, LLC in
the Voluntary Agricultural District (VAD) Program. As you can see from the attached map
and soils analysis chart, the farm is located along the east side of Buckhorn Road, just south
of Mount Willing Road in Cheeks and Bingham townships. The Harrys have identified six
parcels for inclusion in the VAD program. Together the parcels total 275 acres.
1) TMBL# 3.54..11E 24.61 acres
2) TMBL# 3.55..11 11.03 acres
3) TMBL# 3.55..12 13.93 acres
4) TMBL# 3.55..6 120.40 acres
5) TMBL# 3.55..13 10.54 acres
6) TMBL# 6.3..1 93.54 acres
Section V. of the Orange County Voluntary Farmland Protection Ordinance (VFPO) outlines
the required application procedure. Once the application is deemed complete ERCD staff
forwards it to the Tax Assessor and Natural Resources Conservation Service to ensure that
the property meets specific criteria.
ERCD staff received the attached memoranda from NRCS and the Tax Assessor certifying all
six parcels as qualifying farmland, eligible to participate in the VAD program. The next step
in the process is for the Agricultural Preservation Board (APB) to determine whether it wishes
to recommend the application to the Board of County Commissioners.
Please review the attached materials and relevant sections of the VFPO, and be prepared to
consider this application for VAD status. Should the Agricultural Preservation Board decide
to recommend Minka Farm for inclusion in the County's Voluntary Agricultural District
program, ERCD staff will forward the recommendation along with the appropriate agenda
materials to the Board of County Commissioners for their review and consideration. Minka
Farm would be the first farm in the Cane Creek/Buckhorn Voluntary Agricultural District.