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HomeMy WebLinkAboutAgenda 02-06-24; 8-f - Enhanced Voluntary and Voluntary Agricultural District Designation – Multiple Farms 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 6, 2024 Action Agenda Item No. 8-f SUBJECT: Enhanced Voluntary and Voluntary Agricultural District Designation — Multiple Farms DEPARTMENT: Environment, Agriculture, Parks & Recreation (DEAPR) — Soil and Water Conservation ATTACHMENT(S): INFORMATION CONTACT: 1) Applications and Maps Jessica Perrin, (919) 245-2753 Peter Sandbeck, (919) 245-2517 PURPOSE: To consider applications from two (2) landowners/farms to certify qualifying farmland within the Caldwell and High Rock/Efland Agricultural District Regions; and enroll the lands in the Orange County Farmland Preservation Program's Enhanced Voluntary Agricultural District or Voluntary Agricultural District program. BACKGROUND: Orange County's Voluntary Farmland Preservation Program was started in 1992. To date there are 151 farms in both the Voluntary Agricultural District (VAD) and the Enhanced Voluntary Agricultural District (EVAD) program — totaling 17,433 acres. The County's 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. To be certified as qualifying farmland, a farm must: (1) Be located in the unincorporated area of Orange County; (2) Be used for bona fide farm purposes, as that term is defined in G.S. 106-743.4(a) and G.S. 160D-903; (3) Be in accordance with the minimum size requirements, which are as follows: (a) Consist of at least(i)one contiguous acre of land in production for horticultural or agricultural purposes; or(ii) at least twenty total acres of land under management for forestry; (b) In the event that a landowner has multiple tracts of qualifying farmland that are eligible, and those tracts are located within one mile or less of each other, then they may comprise a Voluntary Agricultural District. (4) Be managed in accordance with the Natural Resources Conservation Service and N.C. Division of Soil and Water Conservation defined erosion-control practices and have a current conservation farm plan and/or forestry management plan associated with the current usages and owner; and (5) Be the subject of a conservation agreement, as defined in N.C. Gen. Stat. § 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 2 ten years, except for the creation of not more than three lots that meet applicable County zoning and subdivision regulations. The Orange County Agricultural Preservation Board reviewed the findings of the staff assessments for the attached applications for the Orange County Voluntary Agricultural District program at its regular meeting in January 2024. All farm applications were reviewed and verified to have met or exceeded the minimum criteria for certification into the program. The Agricultural Preservation Board voted to recommend approval of the certification for these two (2) farms, and their inclusion in the Voluntary and/or the Enhanced Voluntary Agricultural District programs. The certification documentation is on file in the DEAPR/Soil and Water Conservation District office. The farms are described briefly below: Brief Farm Descriptions: 1) Owners Andy and Debra Gates submitted an application to enroll two (2) additional parcels of land totaling 47.2 acres as qualifying farmland for a Voluntary Agricultural District in the Caldwell Agricultural District Region. The farm operation includes the production of corn, wheat, and soybeans along with hay and managed forest land. 2) Owners Daniel Lee Miller and Emily Sloss submitted an application to enroll two (2) parcels of land totaling 20.26 acres as qualifying farmland for a Voluntary Agricultural District in the High Rock/Efland Agricultural District Region. The farm operation includes pasture for sheep and honey production. FINANCIAL IMPACT: There is no financial impact associated with this item. Voluntary Agricultural Districts are non-monetary and require a non-binding 10-year conservation agreement. Enhanced Voluntary Agricultural Districts are non-monetary and require a binding 10-year conservation agreement. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this item: • GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY The creation and preservation of infrastructure, policies, programs and funding necessary for residents to provide shelter, food, clothing and medical care for themselves and their dependents. The Orange County Voluntary Agricultural District Program ordinance conserves, protects and encourages the preservation and improvement of agricultural land within the County boundaries as a critical component of the County's cultural and rural character and its economy by virtue of the production of food, fiber and other products. The purpose of this Ordinance is to reduce the loss of productive and existing farmland by promoting agricultural values and the general welfare of the County, recognize the existence of important farmlands by seeking to minimize risks of nuisance suits that arise from the onset of other land uses, encourage participation in voluntary programs to preserve and protect farmland from non-farm development and increase identity and awareness of the agricultural community, and its role in the economic and cultural quality of life for all County residents (from the Orange County Farmland Preservation/VAD program ordinance). 3 ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal impact associated with this item. RECOMMENDATION(S): The Manager recommends that the Board: 1) certify the two (2) farm properties noted above totaling 67.46 acres; 2) designate the Gates and Miller/Sloss farms as Voluntary Agricultural District farms within the Caldwell and High Rock/Efland Agricultural District Regions; and 3) enroll the lands in the Orange County Farmland Preservation Program's Voluntary Agricultural District (VAD) program as designated. With approval of these farms, the Orange County Farmland Preservation program will have enrolled 153 farms, totaling 14,786 acres in the VAD and 2,714 acres in the EVAD for a total of 17,500 acres in the program. 2024 Voluntary Agricultural Districts 4 and Enhanced Voluntary Agricultural Districts 3r► �7 Ir e ,, V 9 m 1. _ Caldwell Off AHOY AND OEaRA GATES Cedar Grove � y E1111r SLosS ANODAHIEL - LEE MILLER High Rock/Efland im Schley/Eno r illsborough N `Cane Creek/Buckhorn I New Hope w E S . �► Agricultu4 District Regions (, Municipal boundary Major Streets _Reservoirs and lakes —0 Participating Farms Chapel Hill EVAD nt VAD White Cross At Carrboro Map prepared by Grange County GISIAddressinWI-and Records S�W%0_PY^lece�DEAPR.VNu�uryAg6weib�VAf)_Uevy1^e�^�e�UFaEHrVw7 0 12,5(25,000 50,000 Feet Date:III B12024 1 1 4 1 1 1 4 1 1 5 Application for Orange County Farmland Preservation Program Voluntary and Enhanced Voluntary Agricultural District Program INSTRUCTIONS: Before completing the application, please review the VAD/EVAD brochure provided; Complete the form as completely as possible; sign and date the form, and return to: Orange County Dept. of Environment,Agriculture, Parks and Recreation Soil and Water Conservation Division P.O. Box 8181 (1020 US 70 West) Hillsborough, NC 27278 Phone: 919-245-2750 APPLICANT: Name: Address: es L City: State: Zip Code: 7r� Phone Number(Day): IV)tt (Evening): E-Mail: &k i i G\L Vint 'r PROPERTY INFORMATION: Property Location/Address(s): Qec. Agriculture District/Township: Parcel Identification Number(PIN): , ��"1"( Acres Zia 1 Parcel Identification Number(PIN): I ��� Acres Parcel Identification Number(PIN): Acres Parcel Identification Number(PIN): Acres Parcel Identification Number (PIN): Acres Parcel Identification Number(PIN): Acres Total Number of Acres on all tracts of land: Does this land have a plan on file with the USDA-Natural Resources Conservation Service or the NC FLoree°s't Service? Yes:. 'V No: If"No", please complete last page of form Is the land enrolled in Present Use Value taxation program with Orange County Tax Office? Yes: No: If"No", please complete last page of form 6 CONSERVATION AGREEMENT DETAIL of VAD and EVAD: Voluntary Agricultural District (VAD) conservation agreements are for a period of ten years. The landowner may revoke the agreement through a written request to the Orange County Agricultural Preservation Board. A Conservation Agreement for land within a Voluntary Agricultural District shall be automatically renewed for an additional term of ten ears unless either the Agricultural Preservation Board or the landowner(s) gives written notice to the contrary prior to the termination date of the Conservation Agreement. At the end of each ten-year term, the Conservation Agreement shall automatically renew for an additional ten-year term unless notice of termination is given. Enhanced Voluntary Agricultural District (EVAD) conservation agreements are for a period of ten years, but cannot be revoked during the term of the agreement. EVAD enrollment, however, offers landowners additional benefits such as a higher percentage of cost-share funds under the Agricultural Cost Share Program. A Conservation Agreement for an Enhanced Voluntary Agricultural District shall be deemed automatically renewed for an additional term of three years unless either the Agricultural Preservation Board or the landowner(s) gives written notice to the contrary prior to the termination date of the Conservation Agreement. At the end of each three-year term the Conservation Agreement shall automatically renew for an additional three-year term unless notice of termination is given. 1 [We] have read the Conservation Agreement details above and I [we] understand the benefits of the VAD and/or EVAD program. Please mark which designation you are requesting enrollment and sign below. .✓ —1 [WE]ARE SEEKING DESIGNATION AS A VOLUNTARY AGRICULTURAL DISTRICT I [WE]ARE SEEKING DESIGNATION AS AN ENHANCED VOLUNTARY AGRICULTURAL DISTRICT Signature: ssa' DATE Print name: L C C"i -S 1 OWNER[S] CERTIFICATION: I [We], the applicant[s] and landowner(s), hereby certify that, to the best of my [our] knowledge, the foregoing application is complete and accurate. (All landowners or a designated representative of the faynily fnay sign this application.) Signature: Date: /� Signature: Date: Signature: Date: Signature: Date: Signature: Date: 7 Please complete this section for general information about your farm and to help staff Update or develop a conservation plan for the farm. 1. How long have you owned your farm? �_years I'lc,(.oA 2. How long have you lived on your farm? 2 years 3. How many acres on your farm are under cultivation? acres (estimate) 4. What are the major crops y u plant each year? a -} 6. How many acres on your farm are used for pasture? O acres (estimate) 7. How many acres on your farm are used for woodland/forestry? �0 acres (estimate) 8. If your family has owned and operated the farm over 100 years, would you be interested in the Century Farm Program? This is an Orange County and NC Dept. of Agriculture recog tion program for family farms that have continued to farm for over 100 years. 2 yes no Volunteer opportunity: The Orange County Agricultural Preservation Board (APB) is made up of volunteers,who are interested in the counties' agricultural concerns: protection, preservation, economic sustainability, and the future of farming and agricultural in Orange County. If you are interested in being a potential member of the Agricultural Preservation Board, please indicate and signing below. ___,,Yes, please inform me when a position on the APB is available. _✓ No, thank you- not at this tie. Signature: For questions or more information, please contact: Orange County Department of Environment,Agriculture, Parks and Recreation Soil and Water Conservation Division P.O. Box 8181 (306 Revere Road) Hillsborough, NC 27278 (919)245-2750 (Office) (919)6443351 (fax) For more detailed information about the Voluntary Farmland Program: Please refer to the Orange County Voluntary Farmland Preservation Program Ordinance,which can be found in Chapter 48 of the Orange County Code of Ordinances, at the following link: http://11L?[°,ir LLMLiiaico(le,corfi//index a, L,?c_1ientld=14983 or staff can provide a copy for you. Updated Dec.2020 8 JEFFERSON GP�ES PL 9889513520 HOYT DR 9889508999 TWIN RIVERS _. FARM RD 6,s Andy and Debra Gates Voluntary Agricultural District PIN 9889508999 (25.47 acres) A'4 PIN 9889513520 (21.73 acres) ` a >I. tiAwk, Aerial Map HS RO 1 inch=500 feet Andy and Debra Gates (47.2 acres) DEAPR Land Records GIS Div. 2021 aerials Date: 1/11/2024 S:\MXD_Projects\DEAPR-VoIuntaryAgDistricts\VAD_Site-Aerial-Vicinity.mxd —16. 9 LAWS STORE RD TILLEY RD u)(S'441" CLAYTON TO RAIN RO Vj0yT DR BLALOCK RD G) HAWKINS RD /VoTIV)For RIyFR CHURCH RD CODYACRES TRL 0 O ow: a F- 0 0 TLE WAY U) O0 Andy and Debra Gates Voluntary Agricultural District PIN 9889508999 (25.47 acres) OLDE PLACE DR PIN 9889513520(21.73 acres) 0 Exhibit A Vicinity Map 1 inch=2,000 feet Andy and Debra Gates (47.2 acres) DEAPR Land Records GIS Div. p Date: 1/11/2024 S:\MXD_Projects\D EAP R-Vo I u nta ryAg D istri cts\VAD—S ite-Ae ri al-Vici n ity.mxd 10 Application for Orange County Farmland Preservation Program Voluntary and Enhanced Voluntary Agricultural District Program INSTRUCTIONS: Before completing the application, please review the VAD/EVAD brochure provided; Complete the form as completely as possible, sign and date the form, and return to: Orange County Dept. of Environment, Agriculture, Parks and Recreation Soil and Water Conservation Division P.O. Box 8181 (1020 US 70 West) Hillsborough, NC 27278 Phone: 919-245-2750 APPLICANT: Name: Emily Sloss and (Daniel) Lee Miller Address: 1515 Halls Mill Road City: Hillsborot State: NC Zip Code: 27278 Phone Number (Day): (919) 264-0856 (Evening): E-Mail: leemiller09@gmail.com and emilysloss@gmail.com PROPERTY INFORMATION: Property Location/Address(s):1515 Halls Mill Road Hillsborough, NC 27278 Agriculture District/Township: High Rock/Efland Parcel Identification Number (PIN): 9856647825 Acres 10.02 Parcel Identification Number (PIN): 9856750105 Acres 10.24 Parcel Identification Number (PIN): Acres Parcel Identification Number (PIN): Acres Parcel Identification Number (PIN): Acres Parcel Identification Number (PIN): Acres Total Number of Acres on all tracts of land: 20.26 acres Does this land have a plan on file with the USDA-Natural Resources Conservation Service or the NC Forest Service? Yes:. No:X If "No", please complete last page of form Is the land enrolled in Present Use Value taxation program with Orange County Tax Office? Yes: X No: If "No", please complete last page of form 11 CONSERVATION AGREEMENT DETAIL of VAD and EVAD: Voluntary Agricultural District (VAD) conservation agreements are for a period of ten years. The landowner may revoke the agreement through a written request to the Orange County Agricultural Preservation Board. A Conservation Agreement for land within a Voluntary Agricultural District shall be automatically renewed for an additional term of ten years unless either the Agricultural Preservation Board or the landowner(s) gives written notice to the contrary prior to the termination date of the Conservation Agreement. At the end of each ten-year term, the Conservation Agreement shall automatically renew for an additional ten-year term unless notice of termination is given. Enhanced Voluntary Agricultural District (EVAD) conservation agreements are for a period of ten years, but cannot be revoked during the term of the agreement. EVAD enrollment, however, offers landowners additional benefits such as a higher percentage of cost-share funds under the Agricultural Cost Share Program. A Conservation Agreement for an Enhanced Voluntary Agricultural District shall be deemed automatically renewed for an additional term of three years unless either the Agricultural Preservation Board or the landowner(s) gives written notice to the contrary prior to the termination date of the Conservation Agreement. At the end of each three-year term the Conservation Agreement shall automatically renew for an additional three-year term unless notice of termination is given. I [We] have read the Conservation Agreement details above and I [we] understand the benefits of the VAD and/or EVAD program. Please mark which designation you are requesting enrollment and sign below. X I [WE] ARE SEEKING DESIGNATION AS A VOLUNTARY AGRICULTURAL DISTRICT I [WE] ARE SEEKING DESIGNATION AS AN ENHANCED VOLUNTARY AGRICULTURAL DISTRICT Signature: Sas_�d4lM 7d''il- DATE 1116124 Print name: Daniel Lee Miller Emily Sloss OWNER[S] CERTIFICATION: I [We], the applicant[s] and landowner(s), hereby certify that, to the best of my [our] knowledge, the foregoing application is complete and accurate. (All landowners or a designated represent54ve of the �family D,�may sign this application.) Signatur �^^-"`'i""" Date: 1116124 Signature: Date: 1116124 Signature: Date: Signature: Date: Signature: Date: 12 Please complete this section for general information about your farm and to help staff Update or develop a conservation plan for the farm. 1. How long have you owned your farm? 2 years 2. How long have you lived on your farm? 6 years 3. How many acres on your farm are under cultivation? 0 acres (estimate) 4. What are the major crops you plant each year? 6. How many acres on your farm are used for pasture? 15 acres (estimate) 7. How many acres on your farm are used for woodland/forestry? 2 acres (estimate) 8. If your family has owned and operated the farm over 100 years, would you be interested in the Century Farm Program? This is an Orange County and NC Dept. of Agriculture recognition program for family farms that have continued to farm for over 100 years. yes X no Volunteer opportunity: The Orange County Agricultural Preservation Board (APB) is made up of volunteers, who are interested in the counties' agricultural concerns: protection, preservation, economic sustainability, and the future of farming and agricultural in Orange County. If you are interested in being a potential member of the Agricultural Preservation Board, please indicate and signing below. X Yes, please inform me when a position on the APB is available. No, thank you- not at this time.. Signature: A"4)M f' For questions or more information, please contact: Orange County Department of Environment, Agriculture, Parks and Recreation Soil and Water Conservation Division P.O. Box 8181 (306 Revere Road) Hillsborough, NC 27278 (919) 245-2750 (Office) (919) 644-3351 (fax) For more detailed information about the Voluntary Farmland Program: Please refer to the Orange County Voluntary Farmland Preservation Program Ordinance, which can be found in Chapter 48 of the Orange County Code of Ordinances, at the following link: httn://Iibrary.municode.com/index.asnx?clientld=14983 or staff can provide a copy for you. Updated Dec. 2020 13 i V Q �V .�• i 9�cy19 r r 9856750105 _ VALLEY WOOD RD a 9856647825 -- Emily Sloss and Daniel Lee Miller +- Voluntary Agricultural District PIN 9856647825 (10.02 acres) PIN 9856750105 (10.24 acres) Aerial Map 1 inch=317 feet Emily Sloss and Daniel Lee Miller (20.26 acres) DEAPR Land Records GIS Div. 2021 aerial P Date: 1/9/2024 S:\MXD_Projects\DEAPR-VoluntaryAg Districts\VAD_Site-Aerial-Vicinity.mxd 14 i r e� 4 tit KENION RD t �}l Fob '••�., � f cel 1•• � �9'P v s f OC�a 1 1 O R y 'S 2 f ti 1 Q� 0P � O�QyQ � O � 0 ZJO� C� •4 Qy 1 o °r +. m� Emily Sloss and Daniel Lee Miller Voluntary Agricultural District PIN 9856647825 (10.02 acres) PIN 9856750105 (10.24 acres) Exhibit A Vicinity Map f 1 inch= 1,500 feet Emily Sloss and Daniel Lee Miller (20.26 acres) DEAPR Land Records GIS Div. Date: 1/9/2024 S:\MXD_Projects\DEAPR-VoluntaryAg Districts\VAD_Site-Aerial-Vicinity.mxd