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HomeMy WebLinkAboutAgenda - 10-21-2008 - 3bORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 21, 2008 Action Agenda Item No. ~-6 SUBJECT: Voluntary Agricultural District Designation: McAdams Farm 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, ERC Director, 245-2590 PURPOSE: To consider an application from Howard H. McAdams, Jr., for certification as qualifying farmland within the High Rock/Efland Voluntary Agricultural District. BACKGROUND: Howard H. McAdams, Jr., owner of the McAdams Farm located along both sides of Efland-Cedar Grove Road in Cheeks Township, has submitted an application to have three adjacent farm tracts designated as a certified qualifying farm for the High Rock/Efland Voluntary Agricultural District. Together the parcels total 191.4 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 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; 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 191.4 acres, the three McAdams tracts exceed the 20-acre minimum to participate in the Voluntary Agricultural District (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 the McAdams Farm as qualifying farmland at its September 17, 2008 meeting. The property includes two McAdams Properties LLC tracts (TMBL#3.13..9 and #3.13..13E), and one additional tract owned by Howard and Karen McAdams (TMBL# 3.13..13C). The Agricultural Preservation Board recommends the designation of the McAdams Farm totaling just less than 192 acres as a certified qualifying farm in the High Rock-Efland 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 McAdams Farm as qualifying farmland and designate it as the second farm within the High Rock/Efland Voluntary Agricultural District. 3 Orange County Agricultural Districts Advisory Board APPLICATION FOR CERTIFICATION AS QUALIFYING FARMLAND AND DESIGNATION AS AN ORANGE COUNTY '~; 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: / ~ tC ''"~S ~-~~"~ Address: ~f ~ O ~~/Q ~ ~ ~~~ ~~ ~ ~ ~ , City: ~~~~''~~ State: ~ L Zip Code: c~ l o~~ 3 Phone Number (Day): ~~ 9 ~ ~3 °~ - ! 7d i (Evening) 9/4 ' ~ 3 °~ '~y5'S Z E-Mail: 1'4\C~r{sf~Y'r~~@Y~ 5i ~e~ . dC~ PROPERTY INFORMATION: Property Location/Address: llac~ ~J ~a~~ L~'~' ~r~"~ 1`'~[ , ~~? ~~~ Township: C~'~'S Tax Map: Block: Lot:_ Parcel Identification Number (PIN): Number of Acres: Deed Book: Page: 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. p/ ~j Signature: ~~ ~r Date: ~-l~ ~ ® 7J Signature: Date: Please direct inquiries to: do Orange County Environment and Resource Conservation Department 306F Revere Road Hillsborough, NC 27278 Hillsborough ~ 732-8/87 Chapel Hill ~ 967-9151 Durham ~ 688-7331 Mebane ~ 227-2031 SUPPLEMENTARY INFORMATION: VOTE; Co~iipletethis iitforntation'ONLY: ~~ If j~ou ar`e NOT parttupating ut the form'"present use ta:~ation progrnin; ; OR f you r1o NOT'have a plan,otrfle with~tf e Nutitrul Resources Cottsetvatioi: Service'`or the'NC , Forest Servte~ t 1. How long have you owned your farm? ears 2. How long have you lived on your farm? ears 3. Has your far/m exceeded $1,000 in gross income. in each of the past three years? Yes t I No 4. How many acres on your farm are under cultivation? ~ acres ~~~-- (~,.~~- S~~ `~ ~ / 5. What are the major crops that you plant each year? ~\/ 6. How many acres on your farm are used for pasture? ~~ acres 5 QRANGE 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: McAdams Farms Application for Certification as Qualifying Farmland Please find attached the application from Howard H. McAdams, Jr. for Certification as Qualifying Farmland. Mr. McAdams has submitted this form as part of the application process for the County's Voluntary Agricultural District Program. According to the application (attached), the McAdams .are enrolled in the present-use taxation program but do not 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; 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, 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 McAdams have identified three tracts for consideration for the VAD program. Two tracts (TMBL# 3.13..9 and 3.13..13E) are part of McAdams Properties, LLC. The third tract (TMBL# 3.13..13C) is owned by Howard and Karen McAdams. Revisions to the Voluntary Farmland Protection Program, adopted in June 2005, reduced the minimum participating farm size requirement to 20 acres. Together the three adjacent tracts contain more than 191 acres, well exceeding the minimum requirement. The subject property is located in Cheeks Township. Please find the attached maps 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 210-2595 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 TMB~ 3.13, .9 3.13..1 ~c Acres 154 41 25.92 11.11 ems F ~,rm M~pd otal Acreage 191.44 T ~~ a feet ~ inch = ~~ Prange Cent & Resource Env+ronm a~,ment Conse~st-on Dep g Young 913010$ SOIL & WATER C O N S S R V A T I O N Orange Soil 8~ Water Natural Resources Conservation District Conservation Service Phone: 919-732-8.181, Ext. 2750 Phone: 9.19-644-1079; Ext. 3 U~ O PO Box 8181 306 Revere Road Hillsborough; NG 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 100%_ Class II _ Class III Classes III-VI are generally best suited for pasture Class N or woodland. Class V Class VI Class VIII Class VIII generally unsuited for agricultural use. Comments: a 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) O 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 92.47 91.17 _7.8 _191.44 Greater than two-thirds in designated uses. Yes ~ % 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 (NRC5) 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: - HeB Legend - ApC HhA M~ ams F arm _ #eet 1 inch _ gpp Orange Cent & Resource Environ anon Depa'~nent Conserv 9130108 g Young __~.- Soils Inventory Report Soils Inventory Report HOWARD MCADAMS JR N6ap Unit Symbai Acres Percent Ap6 66.5 36% ApC 4.5 2% EnB 0.8 0% HeB 105.4 57% HhA 8.2 4% Total: 185.4 Page 1 of 1 (l file://C:\Documents and Settings\brent.bogue\My Customer Files Toolkit\Howard McAda... 8/22/2008 `,..,~ ., o ~ a .. ~. ORANGE COUNTY TAX OFFICE JOHN SMITH, Jr., CAE 200 SOUTH CAMERON STREET 10 ROBERSON ASSESSOR P.O. BOX 8181 TAX COLLECTOR HILLSBOROUGH, NORTH CAROLINA 27278 TELEPHONE (919) 732-8181, Ext. 2100 ,FAX 644-3091 September 8, 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 for information on two tracts of land in the name of McAdams Properties, referenced below: 3.13..9 - 154.41 acres 3.13..13E-11.11 acres The first tract referenced above has been participating in the use value program since 1981 in the use value program as agricultural classification. There are currently 96 acres of cleared land, 56.41 acres of wooded land and 2 acres for the home site. The second tract has been in the program since 1997 and is all wooded. The third parcel is in the name of Howard and Karen McAdams. The tmbl # 3.13..13C -25.92 acres and has been participating in the program since 1995as agricultural classification. There are 11.1 acres of cleared land and 14.82 acres of wooded land. Please contact me if I can be of assistance. 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: September 10, 2008 Subject: McAdams Properties LLC, Voluntary Agricultural District Application Copies: David Stancil, ERC Director In April Howard McAdams submitted an application to include the McAdams Farm in the Voluntary Agricultural District (VAD) Program. As you can see from the attached map and soils analysis chart, the farm is located along both sides of Efland-Cedar Grove Road in Checks Township. The McAdams have identified three parcels for inclusion in the VAD program. Together the parcels total just less than 192 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 three 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 the McAdams 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. The McAdams Farm would be the second farm in the High Rock-Efland Voluntary Agricultural District.