Charlottesville Tomorrow Blog

Land use taxation program reviewed in Albemarle

On May 14, 2008, the Lane Auditorium at the County Office Building was packed with residents interested in the Albemarle County Board of Supervisors’ discussion of the land use taxation program.  In their afternoon work session, the Board unanimously directed staff to begin planning for a revalidation program for property receiving the land use tax subsidy, a program which lowers the tax burden for land used for agriculture, open space and forestry.  Determining whether to make other adjustments to the program revealed a diversity of viewpoints on the Board.  Ultimately, by a 4-2 vote (Boyd and Dorrier against), the Supervisors decided to hold another work session this Summer on one potential change to the program.  All Board members made it clear that they want the land use taxation program to continue in Albemarle County.

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While they did not get an opportunity to speak to the board, the public in attendance did make their opinions known.  Despite being warned by Chairman Ken Boyd (Rivanna) to show respect for all Board member viewpoints, there was an occasional outburst of applause for any expression of support for the status quo that demonstrated that the majority of those in attendance had concerns about the Board’s potential tinkering with the program.



As of 2008, 59.8% of the land in Albemarle County is enrolled in land use, which includes parcels in both the rural area and growth areas (where undeveloped).  That results in deferred taxes of $18.78 million this year.  Land use is viewed by County officials as one strategic tool for protecting the County’s rural fields, farms, and forests.  However, some Supervisors and members of the public have encouraged the Board to take another look at the program to see if it is accomplishing that goal most effectively.

Revalidation is one way to address real and perceived abuses of the program and it has been considered by the Board, but not implemented, three times since 2001. Revalidation will require property owners to confirm on an annual basis that their property still meets the program’s requirements.  The Supervisors directed staff to bring back a formal revalidation proposal and sample documentation for consideration at a meeting in June 2008.

The lengthier discussion related to the merits of tinkering with the program to allow use value taxation only on parcels with the “open space” designation and which are located in agricultural/forestal districts.  The discussion ultimately focused on what is known as “Option 2” from the Board’s 2001 land use report.  This approach, as presented in 2001, would: 1) effectively eliminate land use from the County’s growth areas; 2) require property owners to place their land in an ag/forestal district and qualify for the open space designation; and 3) require a commitment from the property owner to not develop their land for 4-10 years, or permanently protect it with a conservation easement.  The Board did not get into an in-depth discussion of these details, and decided that work would be the focus of a future work session.

Supervisor David Slutzky (Rio) expressed a preference for having a citizen committee conduct an in-depth assessment of the land use program to bring recommendations back to the public and the Board.  “I definitely don’t want to eliminate the land use tax program, because I do think it provides a value to the community,” said Slutzky.  “For me, the intended purpose is to motivate property owners in the rural area to preserve the use of property in its natural state.” 

Slutzky suggested a committee could evaluate ideas like requiring conservation easements to access the land use program.  Slutzky said his concern about the current system was that some property owners, those who intend to sell their rural land for future development, were getting subsidized by making their “holding costs on the land cheaper on an annual basis.”

That proposal was vigorously opposed by Ken Boyd (Rivanna). “I don’t think that this is something we need to take this community through. I really do not think that we have a program that is broken.  I think we have a program that is very beneficial to preserving land use,” said Boyd. “Every time we start tweaking with these things we always end up with unintended consequences….I don’t want to drag this community through what I think would be a gut wrenching discussion of the pros and cons...” 

Ann Mallek (White Hall) said she preferred to see what the revalidation program revealed before making further adjustments.

Slutzky focused his remarks on encouraging the Board to determine if land use, as currently defined, was optimally designed to achieve rural protection goals.  Boyd reflected that the public has told him they do not want their land locked up in conservation easements, or other non-development commitments, in exchange for the tax break.

Lindsay Dorrier (Scottsville) said he thought land use was a popular program that has worked well and deserves continued support.

Borrowing from the suggestions of Sally Thomas (Samuel Miller), Dennis Rooker (Jack Jouett) made a motion to study further the Option 2 recommendation first brought to the Board in 2001.  A citizen committee would not be involved in this review.  He asked for a work session on that matter after which the Board would vote to determine whether to send the matter to the community for a public hearing.  Thomas said she was not committed to supporting the approach in Option 2, but that she thought it would be helpful to have the public focus their comments on this one item.

The motion passed 4-2 with Boyd and Dorrier voting against.  County Executive Bob Tucker did not give a date for the work session, but said staff would bring back information on land use revalidation at one of the Board’s meetings in June 2008.

Brian Wheeler

County Planning Commission Report – April 1, 2008

 
Commission approves downzoning for Wavertree Hill Farm

The Commission voted to recommend to the Board of Supervisors the rezoning of 145 acres off of Plank Road from Planned Residential Development to Rural Areas so that the landowner can qualify for land use taxation. The property now owned by Wavertree Hall LLC was once the site of a planned religious community which never fully developed.

The land cannot be developed under the existing zoning because the property is under a conservation easement from the Virginia Outdoors Foundation.

“We are here to try to get the taxation that this farm is entitled to under the code,” said Richard Carter, attorney for the property owner. Carter said the owner’s intent is to do what he can to preserve the historic home that is on-site and to continue operating it as a farm. 
The item has not yet been scheduled for the Board of Supervisors.

Commission approves special use permit for non-conforming camp

Camp Watermarks is a four-year old camp on the James River near Scottsville that got a special use permit last year to build a 20’ by 40’ multi-purpose building. One of the conditions for approval was that the structure could be no larger than 800 square feet.  However, shortly before construction was to begin the camp’s owners decided that was not big enough for their needs, and so they applied for a special use permit to increase the size to 2160 square feet.  According to County Planner Joan McDowell, the building’s construction is almost complete.

The applicant requested a special use permit to allow this building to be larger than originally planned

Staff found no objections with the proposal and recommended approval.  Commissioner Edgerton said he was troubled that the applicant began work on the structure before all of the approvals were granted.

“It seems this particular applicant seems to have problems with doing things in the proper order, and I take offense at that,” Edgerton said.

The owner of the camp, Travis Critzer, said he had been granted a building permit for the larger structure, with the understanding that it could only be used for agricultural storage if the Commission did not grant the special use permit. He insisted he went through the appropriate channels.

The Commission voted 7-0 to approve the special use permit, with Edgerton voting for it despite his objection. The item will now go to the Board of Supervisors on May 7, 2008.

Strucko reports on Fiscal Impact Advisory Committee

Commissioner Eric Strucko (Samuel Miller) told his colleagues that the County’s Fiscal Impact Advisory Committee has reconvened, and has begun an examination of SB768. That’s the bill to replace the existing cash proffer system in favor of a system of impact fees that developers would pay for each housing unit. The bill stalled after passing the state Senate, but will be back in some form during next year’s General Assembly session.

“The Fiscal Impact Advisory Committee put forth a pretty lengthy effort last year to come up with some of the parameters that eventually worked into our proffer policy,” Strucko said. “This bill would put caps on what localities could get as well as put localities through a series of complex calculations that determine exactly what the impact of new development would be.”

The Committee will continue watching developments with the bill in order to find out what the impact of legislation might be to the County. Wayne Cilimberg, Albemarle’s Chief Planner, said the Committee will research how impact fees are used in other states. 

Committee recommends seven properties  for ACE program

Commissioner Bill Edgerton (Jack Jouett) says the Acquisition of Conservation Easements Committee is considering seven potential properties for inclusion in the County program, which purchases development rights from willing property owners in the rural area. Edgerton said these properties came from a pool of 15 applicants, and will be appraised.
“Unfortunately depending on how these prices come in, we probably won’t be able to work with all seven properties,” Edgerton said.

Sean Tubbs

Supervisors to discuss land use revalidation in April

Since 1975, Albemarle County has given reduced real estate assessments to landowners who use their property for agriculture, open space or forestry.  In 2005 alone, taxpayers avoided paying $13 million property taxes and that figure is projected to keep increasing.

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Supporters say the program helps farmers stay in business, because they cannot afford to pay the taxes based on their land’s market value. However, opponents say the program is a boon to wealthy landowners who are misrepresenting how their land is being used.  The County might redirect some of those tax revenues, if collected, towards community infrastructure needs and the purchase of development rights.

In 2007, Charlottesville Tomorrow asked County voters about their support of the land use taxation program.  58.4% of respondents indicated they strongly or somewhat supported the land use program.  See Charlottesville Tomorrow’s Survey 2007 for details.

Glenmore resident Paul Accad addressed the issue when he spoke before the Board at their meeting on March 19, 2008. After listening to a podcast where Chairman Ken Boyd (Rivanna) said the County should revisit its revenue-sharing agreement with the City of Charlottesville. Accad said he was surprised at a statement made by Supervisor Dennis Rooker (Jack Jouett) that the County pays more to the City in revenue-sharing then it collects in real estate taxes if the property is in land use. Revenue sharing will cost the County over $17 million in Fiscal Year 2010.  Accad suggested the Board should set up a committee similar to the Development Review Task Force to study both land use and revenue sharing

“The job of this task force would be very, very simple,” Accad said. “It would be to produce a document that would educate the average citizen on these two programs,” and would tell the history and justification for the programs. Accad also said the task force should suggest ways in which the two programs could be modified.

“These programs have grown too big to be left on auto-pilot, and they’re too big not to at least review,” Accad concluded.

Supervisor Sally Thomas (Samuel Miller) said the Board for has continuously asked for a thorough study of the issue, which is called for in the Comprehensive Plan’s section on rural areas.  She said 62% of the County’s land was enrolled in land use.

After Accad’s presentation, Rooker (Jack Jouett) asked staff to come back with information on how a committee would be set up.

County Attorney Larry Davis said staff was already preparing a “revalidation discussion” for an April Board meeting, as well as a summer briefing on the land use program. Revalidation means that anyone who currently receives a land use tax break would have to resubmit proof that they qualify. Currently the County does not have a revalidation plan.

Wayne Cilimberg, the County’s Director of Planning, said the current work on land use being prepared by the Community Development Department was being pursued for financial reasons. He asked the Board if they agreed with that approach, or if they thought the program should be used as a tool to promote conservation.

Boyd said he disagreed with revisiting land use if the purpose was to raise more money, and Supervisor Ann Mallek (White Hall) agreed. Supervisor David Slutzky (Rio) said he wanted more information because he thought land use assessments can be a tool for both purposes.

“There are others [on the Board] who have questions about what the program’s purpose is, whether or not its purpose is being fulfilled, and whether or not it’s the best use of the County’s revenue?” Slutzky said.
But Thomas said Cilimberg was right to remind the Board that it is a key tool to help conserve rural land from development, and said she understood the reason for the delay.

“We have, as you know, left our Community Development Department sorely underfunded and there may not be a person to do that right away,” Thomas said.  Currently the County has a frozen position for Rural Areas Planner, the person who would likely be responsible for a study. Slutzky said he thought the review process could begin much faster.

Rooker called the land use tax break “a huge fiscal issue” that should be revisited. He said it was a good policy, but questioned whether it was cost-effective.

“We need to understand what are the permutations of the plan that are legally possible? Could you require land to be in an agricultural-forest district in order to qualify? Could you require land to be in conservation easement to qualify?” Rooker asked.

Supervisor Lindsay Dorrier (Scottsville) said he did not think the issue should be opened up because it would hurt farmers. While reluctant to use it as a tool for additional revenue, Boyd said he supported discussing the revalidation process.

“But I don’t have any mindset that tells me want to take away this important aspect of keeping some of our rural farmers in business out there,” Boyd said.

Thomas said the Board would have the chance to give further direction to staff after the revalidation discussion in April. Cilimberg said the Board would also be able to give direction to staff in May when Community Development Director Mark Graham will ask the Board to prioritize his department’s goals.

The topic was also an election year issue during last year's race for the White Hall, Scottsville and Rivanna magisterial events. The candidates were asked a question on land use during the Farm Bureau's debate last August.

Sean Tubbs

Crozet residents host the White Hall Supervisor candidates

(left to right) Ann Mallek (D), David Wyant (R), and David Wayland

On September 13, 2007, the Crozet Community Association hosted a candidate forum for the two candidates seeking the White Hall seat on the Albemarle County Board of Supervisors.  About 60 residents gathered in the Crozet Fire Station to hear David Wyant (R) and Ann Mallek (D) present their campaign platforms.  The forum was moderated by David Wayland, President of the Crozet Community Association.

The format of the forum was such that each candidate had fifteen minutes to make a presentation followed by a five minute rebuttal by the first candidate.  Wayland flipped a coin and Mallek, winning the toss, gave her opening statement first.  Afterwards, Wayland entertained questions from the audience.  The evening was dominated by growth and development issues in Crozet.  Each candidate had two minutes for closing remarks.

Podcast produced by Charlottesville Tomorrow * Player by Odeo

Listen using player above or download the podcast:  Download 20070913-White-Hall-Forum.mp3

Download the transcript

Watch a video of the program:

Highlights of the audio:

• 00:51 - Introduction by David Wayland
• 03:31 - Opening statement by Ann Mallek (D)
• 13:13 - Opening statement by David Wyant (R)
• 28:20 - Rebuttal by Ann Mallek (D)
• 33:30 Questions from the audience begin
• 34:41 - Question about the candidates' views on the Crozet Master Plan approved in 2004.
• 41:38 - Question about how much control the Supervisors have on the timing of transportation infrastructure like the proposed Eastern Avenue and improvements to Jarmans Gap Road.  If they do not have enough control, can new developments be denied instead?
• 48:00 - Did the County forget obligations to Crozet when it was designated long ago as a growth area?  How do you view those commitments, financial or otherwise, today?
• 51:49 - Candidates asked about Old Trail Village rezoning and Crozet's population estimates.  How do you explain the increase in estimated population documented in the Master Plan from 12,000 to 24,000?
• 1:00:28 - Why does the Board of Supervisors approve new commercial development along Route 250 when that competes with Downtown Crozet?
• 1:04:57 - What should the County do when the growth areas are fully developed?  In their answers, candidates addressed the question of whether Albemarle's growth areas should be expanded.
• 1:15:35 - Closing remarks by David Wyant (R)
• 1:17:09 - Closing remarks by Ann Mallek (D)

Brian Wheeler

Charlottesville Tomorrow releases results of public opinion research project

Charlottesville Tomorrow has completed a major non-partisan public opinion research project which included focus groups and a telephone survey to assess the views of voters related to Albemarle County’s rural countryside, community infrastructure, and satisfaction with local government leadership on these issues.

Charlottesville Tomorrow’s Survey 2007 indicates that voters in Albemarle County strongly believe the rural countryside is important to their quality of life.  Furthermore, there is strong agreement about many statements that describe how people feel about the rural countryside.

Become a subscriber to Charlottesville Tomorrow's information resources to download a copy of the complete report from our publications website. Want to help us complete future research projects like this? Make an online donation today! Our donors invested over $50,000 in this research.

KEY FINDINGS
With respect to policy issues related to land use, infrastructure, taxation, transportation, and leadership, the survey results indicate:

• There is strong public support for policies, like phasing or time based zoning, that would set a schedule for the rate of new development in Albemarle County’s rural areas.  77.8% of respondents indicated they would be likely or very likely to support such a policy.
• 86.1% of respondents think the rate of new home construction in Albemarle’s rural countryside should be slower.
• 81.4% of respondents indicated they support the use of tax dollars to purchase rural development rights if it would permanently protect the land with conservation easements.
• 32.8% of respondents felt like local government was doing a very good or good job ensuring infrastructure was in place to support new development.  When asked about government’s efforts to have developers pay their fair share for infrastructure, 42.2% of respondents were satisfied.
• 58.4% of respondents indicated they strongly or somewhat supported the land use taxation program.
• 56.2% of respondents supported a modest increase in local taxes to support priority transportation projects.  When asked which tax they preferred, 54.8% of respondents offered support for either a gasoline tax or a sales tax.
• 40% of respondents think citizens get an appropriate amount or a great deal of attention when they raise legitimate concerns about county growth, development, and transportation issues.
• 57.2% of respondents indicated they were satisfied local government was making decisions that benefit the community as a whole.
• 48.9% of respondents indicated satisfaction with government’s efforts to make decisions to protect the rural countryside.

METHODOLOGY

Charlottesville Tomorrow's Executive Director, Brian Wheeler, at the July 30, 2007 press conference

Charlottesville Tomorrow commissioned Interviewing Service of America (ISA) to conduct a telephone survey of registered voters in Albemarle County, Virginia.  Albemarle County voters were called by ISA during June 20-28, 2007 and randomly selected from a universe of 45,932 voters whose telephone numbers were identified in a phone match by Blaemire Communications.  The ISA telephone survey has a confidence rate of 95%, and a sampling error rate of ±3%.  A total of 1,045 interviews were completed with a participation rate of 27% and an incidence rate of 100%.  Respondents were asked twenty topical questions and nine demographic/qualifying questions in a survey that typically took 11 to 20 minutes to complete.  Additional information on the survey methodology can be found in the complete survey report.

Brian Wheeler

Forever Albemarle exhibit opens to celebrate rural conservation

Click here for a slideshow of the photo exhibit with the remarks by Albemarle County Farmer Jimmy Powell

On July 27, 2007, a photo exhibit entitled 'Forever Albemarle' opened in the County Office building outside Lane Auditorium.  The exhibit celebrates Albemarle's growing inventory of rural land protected from future development by voluntary conservation easements. All three hundred and fifty easement holders were invited to be honored for their contributions. 

Members of the Board of Supervisors and the Planning Commission also welcomed Virginia's Secretary of Natural Resources, Preston Bryant.  Bryant told the audience that Virginia Governor Tim Kaine has made land conservation a centerpiece of his agenda and had set a goal of protecting 400,000 acres by the year 2010.  Albemarle County alone has almost 69,000 acres protected with conservation easements and the photographs in the exhibit pay tribute to the farms, fields, and forests protected by area residents.

Podcast produced by Charlottesville Tomorrow * Player by Odeo

Listen using player above or download the podcast: Download 20070727-ForeverAlbemarle.mp3

Highlights of audio:

• 01:35 -- Welcome by Supervisor David Wyant (White Hall)
• 04:25 -- Remarks by Supervisor Sally Thomas (Samuel Miller) on the Acquisition of Conservation Easements (ACE) program
• 12:25 -- Remarks by L. Preston Bryant, VA Secretary of Natural Resources
• 17:20 -- Joan McDowell, Principal Planner, Albemarle County
• 20:00 -- Jimmy Powell, Albemarle County Farmer and the first participant in the ACE program

Watch a slideshow

Watch a video of the presentation:

Brian Wheeler

Sally Thomas shares letter on rural area protection strategies

Albemarle County Supervisor Sally Thomas (Samuel Miller) has published a letter today raising some questions and offering some solutions to the County's goal of protecting our fields, farms, and forests.

You can download the entire letter here.  Ms. Thomas addresses the following questions:

• Do we want to improve our protection of rural resources, especially soil and water?
• Do we want to discourage indiscriminate building in the rural area on land inappropriate for development? 
• In our Strategic Plan, we gave ourselves a goal of putting more acreage into conservation easements.  If this continues to be a goal, then we should increase funding of the ACE program.
• Do we want to give rural landowners viable alternatives to thinking of themselves as no more than wholesalers of land for development?
• Do we particularly want to protect our forests, as the Chesapeake Bay watershed loses 100 acres of woodland each day, threatening water and air quality?
• Do we want to reduce the budget impact that rural sprawl imposes on a community?
• Do we want to reduce development potential in the rural area?

I would encourage you to review her positions on these issues as the Board of Supervisors continues its discussion about how to limit new housing in the rural areas of the County.  Previous postings have given David Slutzky's TDR proposal a lot of coverage.  Any other Supervisor who wants to lay out their plan, just let me know!

Brian Wheeler

County ACE program accepting applications

Albemarle County Media Release * October 5, 2006

ACE APPLICATIONS ACCEPTED NOW THROUGH OCTOBER 31

Program Has Protected 3,776 Acres, Eliminated 258 Development Rights to Date

Albemarle County is accepting applications for the current round of the Acquisition of Conservation Easements Program (ACE) now through October 31, 2006.  Any landowner in Albemarle County whose land is worthy of protection according to the county’s Comprehensive Plan is eligible to participate in ACE.  An evaluation system has been established to help rank properties in order of their conservation value to the program, with the final determination to be made by the Board of Supervisors.

With the first four rounds of acquisitions completed to date, the county has protected 3,776 acres and eliminated 258 development rights.  The program has also leveraged close to $460,000 in donations and grants in addition to the funds allocated by the County. Easements provide a lasting benefit to the public through the protection of open space, scenic beauty, wildlife habitats, air and water quality, and resources of historical, cultural and ecological significance.

The ACE program, aimed at preserving open space, natural resources, and forestal and farmland in Albemarle through county purchase of development rights, was developed in response to accelerating development pressures created by the county’s continuing growth and urbanization. The County Board of Supervisors initiated the measure in 2000 in an effort to protect the county’s rural character and assets from encroaching sprawl. 

For more information interested citizens should visit the county website at www.albemarle.org or contact Ches Goodall, the ACE Program Administrator, at 434-296-5832 or cgoodall@albemarle.org.

Rural area phasing and clustering proposals fail to move forward

On September 13, 2006, a deadlocked Albemarle County Board of Supervisors failed in their attempt to move forward new proposals to strengthen efforts to protect the County's farms, fields and forests, a goal established in their 2005 update of the County's Comprehensive Plan.  [Link to agenda item]

The first item considered in the worksession today was a proposal to adopt phasing or a time release of lots for new development.  Before the Board was a resolution of intent to adopt a phasing ordinance, something that would come back for further public comment and Board review. 

After their discussion, only Supervisors Dennis Rooker (Jack Jouett), David Slutzky (Rio), and Sally Thomas (Samuel Miller) were willing to support phasing in some fashion.  Supervisors Ken Boyd (Rivanna), Lindsay Dorrier (Scottsville), and David Wyant (White Hall) said they would not support phasing in any form, even if the proposal was modified to allow creation of at least 1 new lot every year.  The proposal on the table was for a maximum of 2 lots every 10 years.  All the Supervisors opposed to phasing indicated a preference for voluntary conservation easements.

The second item focused on clustering development in the rural areas and a similar resolution of intent to develop a new ordinance was under consideration.  The clustering proposal also failed to move forward.  Mr. Rooker indicated that he could not support clustering alone without a companion phasing ordinance.

Mountaintop protection proposals were also reviewed by the Board.  No action was taken by the Board which decided to hold a future worksession jointly with the County Planning Commission to discuss a number of issues raised by the Supervisors, particularly now that it would be considered without phasing and clustering proposals in place.

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Listen using player above or download the podcast: Download 20060913-BOS-Rural.mp3

Brian Wheeler

Board of Supervisors recommends adjusting growth area boundary for NGIC

The Albemarle County Planning Commission will receive a resolution from the Board of Supervisors to modify the 29 North growth area boundary to facilitate the expansion of the National Ground Intelligence Center (NGIC).  At their May 3, 2006 meeting, the Supervisors voted 5-1 in favor of the boundary adjustment that would pull thirty acres into the growth area and remove about eighty acres from the Pantops Development Area (owned by another property owner).  The NGIC expansion would take place on a part of the thirty acres which the federal government would purchase from developer Wendell Wood.  NGIC expects to bring 800-1000 new jobs to the County.  The Planning Commission will take this matter up as part of the Places29 Master Plan in 2006-07. 

Daily Progress coverage is here.

Download resolution: 20060503-NGIC-Resolution.pdf

Listen to podcast: Download BOS_NGIC20060503.MP3

Highlights:

• 0:55 -- Introduction of the resolution of intent by Ken Boyd (Rivanna).
• 1:53 -- Comments from David Slutzky (Rio)
• 3:00 -- Comments from Ken Boyd
• 3:20 -- Comments from Lindsay Dorrier
• 3:34 -- Comments from Dennis Rooker (Jack Jouett)
• 5:47 -- Comments from Sally Thomas (Samuel Miller)
• 7:37 -- Comments from Dennis Rooker on NGIC as an employer

Andrew Owen