HomeMy WebLinkAboutAgenda - 08-21-2007-3b; VAD - John Pope FarmORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 21, 2007
Action Agenda
Item No. _-~j_
SUBJECT: Voluntary Agricultural District Designation: John Pope Farms, LLC
DEPARTMENT: Environment and Resource PUBLIC HEARING: (Y/N) No
Conservation
ATTACHMENT(S): INFORMATION CONTACT:
1) Application
2) ERCD Staff Memo, Vicinity Map
3) Certification from NRCS & Soils Maps David Stancil, ERC Director, 245-2590
4) Certification from Tax Supervisor
5) Memo to Agricultural Preservation
Board (APB)
6) Results of Vote -Memo from APB
Secretary July 5, 2007
PURPOSE: To consider an application from John Pope for certification as qualifying farmland
within the Cedar Grove Voluntary Agricultural District.
BACKGROUND: John Pope, owner of the 65-acre John Pope Farms, LLC, located along the
west side of NC Hwy 86 North in Cedar Grove Township (TMBL# 2.26..15), has applied to have
his property designated as a certified qualifying farm for the Cedar Grove Voluntary Agricultural
District. 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 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. 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;
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 65 acres, the John Pope Farms, LLC, exceeds 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 did not have a quorum at its June meeting; members voted
unanimously to approve the certification of the John Pope Farms, LLC, as qualifying farmland,
through a mailed ballet. The results of the vote are listed in the attached memorandum (see
Attachment #6). The Agricultural Preservation Board recommends the designation of the
John Pope Farms, LLC, totaling just over 65 acres as a certified qualifying farm in the
Cedar Grove Voluntary Agricultural District.
FINANCIAL IMPACT: There is no fiscal impact associated with this item. Voluntary agricultural
districts are non-monetary conservation agreements.
RECOMMENDATION(S): The Manager recommends that the Board certify the John Pope
Farms, LLC, as qualifying farmland and designate it as the second farm within the Cedar Grove
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:
Name: ~,.~ ~ t'id1 ~ ~- ~0. rtv~S ~-- ~-~
/~/ /~ ~ ~?
Address: ~ ~l ~.. ~7`l " ~~/`t~"~-- ~--i~2~3G~C ~=--C~t
City: ~.:~/f~ C.~jZ~~-~ Z State:~~ __Zip Code: ~~ G- ~
Phone Number (Day): C~1 ~ 7 ~~ - g 27~ (Evening) f ~, ? ~ 2 ~ `~ ~ 7
E-Mail:
PROPERTY INFORMATION:
r /' ~ ~
Property Location/Address: G ~' /2 ~~"~,h'`"'~ "~~' ~"~' C.ir2 `'~G I''-~` -
~/ _
Township: (...~~ ~~- C~2~;'~ Tax Map: ~ ~ x ]r • ~ 5 Block: Lot: /~ ~• 5 ~ ,~ ~~~
Parcel Identification Number (PIN): ~ ~ `'~ 1 "" ~ i3 " ~7(.v~ ~ , r
Number of Acres: ~ ~ .3'~~~ Deed Book:_ ~ a ~ _Page: ~ `T
Does this land have a plan on file with the Natural Resources Conservation Service or NC Forest
Service?
Yes: ~/ 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.
""~~' ~~
Signature: Date:
Please direct inquiries to:
do Orange County Envirot:n:ei:t mtd Resource Conservation Department
306F Revere Road
Hillsboro:rglg NC 27278
Hil[sboroug/i • 732-8181 C1:apel Hill • 967-9251 Durham • 688-7331 Meba~:e • 227-2031
SUPPLEMENTARY INFORMATION:
NO.,TE Carrf7plete-~th7s infirr~z~t:Fto~~ ONLY.'
~•` /j~~~ou'are .~VOT.przrficiputin;, i~r nc~ Jurrnj~rc.ti'c~lr u.~~c ru.r~tliun pragrghr; UR
• IJ }~nti do NOT hrtve`tiPlrcrt orc file x~it/r rhe,_1'unrrul Tesorn'ecs Co~r~en~urion Sen~ic~e ur The :A'C
h~oresi 5eri~ice.;
1. How long have you owned your farm? years
2. How long have you lived on your farm? years
3. Has your farm exceeded $1,000 in gross income in each of the past three years?
Yes No
4. How many acres on your farm are under cultivation? acres
5. What are the major crops that you plant each year?
6. How many acres on your farm are used for pasture? acres
S
ORANGE COUNTY
ENVIRONMENT AND RESOURCE CONSERVATION DEPARTMENT
MEMORANDUM
To: Brent Bogue, District Conservationist
John Smith, Tax Supervisor
From: Tina Moon, Cultural Resources Specialist
Date: March 20, 2007
Subject: John Pope Farms, ~~C
Application for Certification as Qualifying Farmland
Please find attached the application from John H. Pope, Jr. for Certification as Qualifying
Farmland. Mr. Pope has submitted this form as part of the application process for the County's
Voluntary Agricultural District Program. According to the application (attached), Mr. Pope is
enrolled in the present-use taxation program and has 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;
c. 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,
\~/
Jolts: Pope 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 Districf 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 spring of 2007.
Please note that the proposed agricultural district is comprised of one tract located in Cedar
Grove Township containing, more than 65 acres. Revisions to the Voluntary Farmland
Protection Program, adopted in June 2005, reduced the minimum participating farm size
requirement to 20 acres. At 65.34 acres, John Pope Farms LLC exceeds the minimum
requirement.
Please find the attached vicinity map showing the boundaries of the property and a tabulation
of acreage by soil type. You may wish to refer to these when completing your review.
Thank you for your assistance in this matter. Please feel free to contact me at 969-8959 or by
email at cmoon@co.orange.nc.us, if I can answer any questions or provide additional
information.
/tm
attachments
cc: David Stancil, Environment and Resource Conservation Director
Voluntary Agricultural District (John Pope Farms LLC) ~ 4;5 6;o Feet
TMBL 2.26..15 /PIN 9849-80-7687 / 65.34 acres OragneCounty °°"~---
Environment & Resource o
Conservation Department
MNJ 7/9/07 y, a ~~..
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 _56.7
Class IIw 6
Class IlI Classes III-VI are generally best suited for pasture
Class IVw 1.9 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)
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 _47.3
Acres in forestland ~ 13
Acres in homestead,
farmstead or other
related use 4.8
Total TRACT acres 65.1
Greater than two-thirds in designated uses.
Yes X % 92
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 OflYCe YES X NO
IfNO, plan will be required before acceptance into the Voluntary Agricultural Districts Program.
Comments:
Soils Inventory Report
Soils Inventory Report
JOHN H POPE JR
Page 1 of 1
10
Tract Land Unit Map Unit Symbol Acres Percent
0 W 0.5 1
0 Ch 1.9 3%
0 HhA 6 9%
0 ApB 16.2 25%
0 HeB 40.5 62%
Total: 65.1
file://C:\Documents and Settings\brent.bogue\My Customer Files Toolkit\jpope------popejo... 4%20/2007
I~
John Pope Farms LLC
Customer(s): J H POPE JR
District: ORANGE SOIL & WATER CONSERVATION DISTRICT
Field Office: HILLSBOROUGH SERVICE
Agency: NRCS
_ r
~.
C~
1 L
d :~'..
_
\ zd. ~ ~ ~'S~^~'Y_~'i
~
+
r' }
t~~ ~
~~. ~• i
.~
°
a(j .5
Yw74i,
~~^,.
dt.
~' ~
+
.
11P?!
e~ k,~
aae.: ,.
sfo~
re
~-~`" ~ ,
~'
k.x~. ... ':"
,~~~iP;
r~ ,
a'
j,-
Y
G',. ~.
~a 4~Le it
q
s ~ .
~, r ~
,~~ ~
Legend
Consplan
Polygon Layer
- Roads
;Orange County Boundary
~~r~{ ;
N
290 0 290 580 870 1 160
Feet
is
John Pope Farms ~~C (Soils Map)
Field Office: HILLSBOROUGH SERVICE CENT R
Customer(s): J H POPE JR
Agency: NRCS
District: ORANGE SOIL & WATER CONSERVATION DISTRIGT
si' 1` r t$ I~s.o~ IP ~, ~@;:P rvya~~'.'~a`~`r ~ ~, , a "aJrv ~~,"~'~E `3 -
- .~ d ~ fe~~tP .~ Ati !C~ {_ ~y °` ~'~ ~ ~ 4 ~'~. a,~.-z`~,r'` ,.y" ~p~ .
~~k. ~ .? ,.~• ,s ve ~ "r } ~'Z jig '+F~ ~ r ~,.t~•~4! y~",~`'g,ae
x "~ ~ i ~" ~ Per }t ~ -t ~~ ~~~~ r~ ~ HZ`"~ y3,~14w p17~ ` ~i.kF t
~ J,' ~ ~§~ k ~ 't' o ~" 3 A~`4a'~~ ~~ i ~
4f ~,s 1 ;;' ~ ~~ air-' ~'" ~ *iy~a s ~.n dad z~ ,.
. ! ~.>>~' f~~ ~~5'! IV.. ~MS..r 4)I~j 1~-{~TAi i t ~, ~.
6Y f...S~ I1A ."r ~ ~~.~ .f~~ r ~"', ~~;~k, ~i=^,~'Y~tii.F ~ h 31 '~~'~ 'x['31 ;
A / Y
fv tl f mV 'M. f
HeB , ~~~~ ~ J :~ "'~~i
i ~~,
HhA _'" T ''
APB ~~~ ~ ~^Y, ,Its ,~;, ~;:
- ~ oy 1 ~'~ ~y 'r
r ~ ~ ~~ ~~~ ~ ~~
HhA HeB - ~~` - <`it~~y APB ~ ~ ~ S n~~
~ •HeB ~ , .~fr +, • r
~ +.if~-~,~X, ~ ~ ~,r
} ~ ~, ~ ''a
APB i h
? ,~. ,' ., t ~x L~ r ~.
~ Ch ~ ;,r; '~:'~~, ~,
~` « , ~,-,
` :n3 Y ~j ffr
p 11 r e ~.~ ~~z '~'
u ~ ~ ~ ~( I
y .. 1 ~ y i. 1 y..
'fib ~ ~ ~ r x
W '.r -~ ~
y>:.° ,% ~L~a 's'hy ~li~ity~f`v~`t~, •4 h'ir ~~ ~ r ,~ ,r,~~r -u^ I~}~r+~ v ~~ .
h• 5 dt'y s .~ '~, a 1:~ .ii ~.~, W
N3 ti~:;'~ 1 ~ ~ 1 'li ~ In iN"~.
rf.Fn;l ,~ ~7da~ { p ~t~~~ ~«'~,~y~w5~~ ~~~~tr~~ ,4 + ~.. 2 ,~'.~,~ _~ .~y , .~~,a~ ~ .,, !. • `
.pr .. , 3i iA s~ has ~ '~S= ~i t. kd~.. ~: 1 ~ } r. I
is ~ 1 },~.u~~11~ 4~,~~3i~41.4~~;?t 1 ,s_i~ ~ ~." .. ;' r ~ ~ ,° t'` 1N .. ,:
k+• N r 1 f~
.. p s, 1 ~ ~~y~~ y ~l
M ~ ..Jf l~e °1 .... 'x:.. .i.. 1 ~ fi
Legend-
Consplan
Solis Map
~<all otlrer valucs>
musym
® npe
® cn
®HeB
® H~
^ `" N
Polygon Layer _.-_...
-= Roads 290 0 29D 580 870 1.160
Orange County Boundary
- Feet
~odntP a! o '
~e
y~ i ~--~ - - °P
17 y' 5?
~~
~'<<8 0e[o~~ce
O1~:ANGE COUN'T'Y '~.A~ OFFICE
JOHN SMITH, Jr., CAE 200 SOUTH CAMERON STREET JO ROBERSON
ASSESSOR P.O. BOX 8181 TAX COLLECTOR
HII.,LSBOROUGH, NORTH CAROLINA 27278
TELEPHONE (919) 732-8181, Ext. 2100 ,FAX 644-3091
May 24, 2007
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 of May 23, 2007 in reference to John Pope Farms, LLC. The tract
you inquired about is referenced by TMBL# 2.26.15; PIN # 9849-$0-7687. This is a 65.3448-acre
tract of land that has been participating in the present -use value program since 1981 as agricultural
classification. The information we have on file indicates there are 60 acres of cleared land with
approximately 5.3448 acres of wooded land. Please call me at 245-2108 if I can be of assistance.
Sincerely,
Teresa Moore
Present Use Value
Program Director
«-
ORANGE COUNTY
ENVIRONMENT AND RESOURCE CONSERVATION DEPARTMENT
MEMORANDUM
To: Agricultural Preservation Board
From: Tina Moon, Cultural Resources Specialist
Date: .7une 5, 2007
Subject: Sohn Pope Farms LLC, Voluntary Agricultural District Application
Copies: David Stancil, ERC Director
In March John Pope submitted an application to include the John Pope Farms, LLC, in
the Voluntary Agricultural District (VAD) Program. As you- can see from the attached
map and soils analysis chart, the tract is located in Cedar Grove Township and contains
a little more than 65 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 the Pope Farm 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 or not it wishes to recommend the application to the Board of
County Commissions.
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 the John Pope Farms, LLC, 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. Should the BOCC approve the
application, the Pope Farm would become the second farm in the Cedar Grove
Voluntary Agricultural District.
TO: Elizabeth Walters, Agricultural Preservation Board Chair
David Stancil, ERCD Director
Tina Moon, Cultural Resources Specialist
FROM: Carol Melton, ERCD Secretary to Board
DATE: July 5, 2007
RE: Voting Tally, Voluntary Agricultural District -Pope Application
The Pope VAD application was postponed at the June 20 Agricultural Preservation
Board meeting due to lack of quorum of members. According to the VFPO the APB
needs to act within 60 days of receipt of supporting documentation for the
application. To meet this requirement the APB had to act before it's next regularly
scheduled meeting in August. Numbered Ballots were mailed to the board members.
I certify receipt of signed ballots results as follows:
Secretary's Resort
Number of votes cast ..............................................7
Necessary for adoption (majority) ...................6
Votes for motion ........................................7
Votes against .............................................0
The official ballots will be filed in the Environment & Resource Conservation Department
office files with the June APB meeting agenda documents.
Carol Melton, Agricultural Preservation Board Secretary
do Ormtge County Euviroanrent and Resource Coaservation Deparimerrt
919-245-2590 ** 306 A Revere Road
Hillsborough, NC 27278