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HomeMy WebLinkAboutAgenda -11-06-2008 - 4fORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 6, 2008 Action Agenda Item No. ~ ~-~ SUBJECT: Resolution of Approval -Conservation Easement Amendment for Lloyd Farm DEPARTMENT: Environment and Resource Conservation PUBLIC HEARING: (Y/N) No ATTACHMENTS Resolution of Approval Site Map INFORMATION CONTACT: David Stancil, 245-2590 Rich Shaw, 245-2591 PURPOSE: To consider a resolution to approve an amendment to a conservation easement held jointly by Orange County and OWASA for the John and Carolyn Lloyd farm. BACKGROUND: In December 2004 the Board authorized Orange County's acceptance of a conservation easement from John and Carolyn Lloyd. The Lloyd property is located at the intersection of Bradshaw Quarry Road and Teer Road in Bingham Township. The conservation easement helps to protect 125 acres of active farmland and woodlands that drain to the nearby Cane Creek Reservoir, and the easement is held jointly with the Orange Water and Sewer Authority (OWASA). The conservation easement was completed and recorded on February 16, 2005. The 125-acre property includes the Lloyds' residence, the old farmstead, and a rental house. The conservation easement protects the property for agricultural and forestry uses and includes wide riparian buffers to protect the streams and the downstream reservoir. All future development rights were extinguished, with the exception of two future house sites each on a two-acre lot. The conservation easement allows each of the two future houses to be located within atwo-acre "Future Residential Envelope", the locations of which to be determined in the future by mutual agreement among the landowners, OWASA and the County. In June 2008 the Lloyds took initial steps to develop one of the two future houses allowed by the conservation easement for their granddaughter. The Lloyds consulted with ERCD and Environmental Health to locate the house along with a well and septic system, but unbeknownst to ERCD the Lloyds went ahead and subdivided the property, creating a 10- acre lot exempt from County Subdivision Regulations for the future house. The Lloyds understood the house would be located in a two-acre "building envelope", but did not understand the easement also limited the size of the house lot to a maximum of two acres. Over the past three months ERCD has worked with the Lloyds and the County Attorney to remedy the situation. It became apparent that the Lloyds did not fully understand some of the important easement restrictions pertaining to the two future house lots. The Lloyds agreed a with restricting the size of the "building envelope" to two acres for each future home site, but they did not understand they were agreeing to restrict the size of the new house lots (subdivided parcels) to two acres. The smaller house lots would significantly hamper the Lloyd's estate planning with their children and grandchildren. The Lloyds pointed out that the language in the conservation easement was not consistent with earlier conversations and understandings that they had with the County and OWASA staff. ERCD staff concurs. During this review of the conservation easement, ERCD also discovered there was a mistake made in the map of the property that was recorded. as part of the conservation easement. The Exhibit B map was supposed to identify the "Farmstead Area" separate from other existing residential envelopes. The Farmstead Area is discussed separately from and has different requirements than the other existing residential envelopes in the deed of conservation easement. ERCD has negotiated a potential settlement of these issues that would result in an amendment to the Conservation Easement. The Lloyds are willing to give up one of the two reserved home sites and to locate the one not given up on the property in exchange for being allowed to divide the property into four large parcels -one for each of the house sites and one for the "Farmstead Area." The Lloyds have identified the desired future house site and the configuration of the four desired parcels. Anew Exhibit B map of the property showing current and proposed future uses is attached. ERCD has evaluated the proposed amendment relative to purposes of the conservation easement and the protection of the property's "conservation values." Advantages: a) Eliminating one of the two future house sites, thus reducing the potential adverse impacts from residential development. b) The location of the one future house site would be identified upfront rather than in the future. (ERCD agrees with Lloyds' chosen location for the future house.) c) An existing parcel containing two existing houses would be divided into two parcels (each with one house). d) The revised Exhibit B map identifies the "Farmstead Area," which is necessary to guide future development consistent with the easement. Disadvantages: a) The "working lands" portion of the Property (agriculture/forestry use) would be divided among four large parcels rather than two parcels as provided by the previously approved conservation easement. That is likely to result in ERCD having to consult with up to four landowners (rather than two) in carrying out its monitoring and stewardship duties. ERCD thinks the advantages of the proposed amendment clearly outweigh the disadvantages, strengthening the protection of the property afforded by the conservation easement. 3 Because the County and OWASA hold the easement jointly, both entities will need to approve the amendment. The OWASA staff plans to take the amendment to its board following a decision by the BOCC. FINANCIAL IMPACT: The amendment to the conservation easement is likely to incur some transaction costs to be shared by both parties. The estimated cost to the County would be less than $1,000, which would be paid from Lands Legacy pay-as-you-go funds. RECOMMENDATION: The Manager recommends that the Board approve the Resolution approving the amendment to the conservation easement and authorize the Chair to sign the Resolution. ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION Approval of an Amendment to the Agricultural and Watershed Protection Conservation Easement Between Orange County, Orange Water 8~ Sewer Authority, and John and Carolyn Lloyd 4 WHEREAS, John and Caroline Lloyd own 125 acres of land located at the intersection of Bradshaw Quarry Road and Teer Road in Orange County (Bingham Township); and WHEREAS, Orange County and Orange Water and Sewer Authority (OWASA) jointly hold a conservation easement for the Lloyd property that was executed on February 16, 2005; and WHEREAS, Orange County and Lloyds, along with OWASA, are willing to amend the conservation easement so that it 1) determines the location of one future house site allowed by the conservation easement, 2) eliminates one future house site on the property that would otherwise be allowed by the conservation easement, 3) predetermines the boundary configuration of four parcels allowed by the conservation easement, and 4) amends the Exhibit B map of the property showing current and future uses of the property; and WHEREAS, the amendment to the conservation easement on this property will improve the preservation of this farmland for future generations and help the Lloyds with the long-range planning for their children and grandchildren: NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners does hereby 1) approve ,the execution of an Amendment to the Deed of Agricultural Conservation Easement with John and Carolyn Lloyd, in accordance with the terms of the proposed Amendment, the final form and terms of which to be approved by ERCD staff and the County Attorney; and 2) authorize the Chair and the Clerk to sign the Amendment to the Deed of Agricultural Conservation Easement on behalf of the Board and cause it to be recorded with the Orange County Register of Deeds, with a closing to occur on or before November 30, 2008. BE IT FURTHER RESOLVED that the amendment to the conservation easement will not occur without the approval of and execution of the amendment by the Orange Water and Sewer Authority. This the 6th day of November, 2008. Barry Jacobs, Chair Orange County Board of Commissioners Donna Baker, Clerk to the Board ~.,.~