Agenda - 06-20-2023; 8-a - Minutes

Browse Search

56 1 said that she raises racehorses and pine trees and that she lives near the property and does not 2 want to have any problems or surprises down the road. 3 4 A motion was made by Vice-Chair McKee, seconded by Commissioner Hamilton, to close 5 the public hearing. 6 7 VOTE: UNANIMOUS 8 9 Chair Bedford asked Cy Stober to answer the questions brought up during public 10 comments. 11 Cy Stober said everything brought forward is binding and that any deviation would have 12 to come back to public hearing to rezone the property. He said that the bona fide farm exemptions 13 do apply currently and there are four qualifying exemptions. He said the subdivisions of land 14 would require recertification for any remaining parcels to be considered a bona fide farm and, if 15 that is the case, then new residents would not be permitted but agricultural uses would be. 16 Commissioner Fowler asked if each residential property will be taxed as a residence rather 17 than a farm. 18 Cy Stober said that until the lots are platted, they are not under county regulation. 19 Chair Bedford asked him to define platted. 20 Cy Stober said that the hope is that plats will be recorded all at once. He said there would 21 be a dedicated right of way and that will also have to come back to a public hearing. 22 Vice-Chair McKee said he is curious as to the timing of loss of present use value. He said 23 that at the moment he signed the purchase contract he lost his present use value immediately. 24 Dan Jewell said that Vice-Chair McKee was correct and if you sell the property, you lose 25 the present use value. He said that he is not familiar enough with bona fide farm status to 26 understand how that will play in. 27 Commissioner Greene asked if the HOA will own the open areas. 28 Dan Jewell said yes. 29 Commissioner Greene asked if it will be incumbent on the HOA to file for classification of 30 any of those open areas to meet the bona fide farm classification. 31 Dan Jewell said yes, the HOA would have to do that. 32 John Roberts said once the HOA takes ownership of the remaining open space areas, 33 they would be responsible for meeting the standards of the state statutes for agricultural use and 34 to keep it in present use value. 35 Commissioner Greene asked if the HOA did not file to keep the status could they still farm. 36 Dan Jewell said yes. He said bona fide farm status just gives more rights. 37 Commissioner Greene said it is in the interest of the HOA to file for bona fide farm status. 38 Chair Bedford said it does not impact taxes; it just impacts use. 39 Vice-Chair McKee asked if the present use value is tax rated and if it cuts your taxes by 40 90%. He asked if the HOA would own the property as tenants in common. 41 John Roberts said if the HOA owns the areas and engages in farming activity then it could 42 meet the statutory standard for farm use. 43 Commissioner Fowler asked if the HOA will own the farm. 44 Dan Jewell said yes, and they may find another farmer to farm it. 45 Commissioner Fowler asked if berries along a trail count as farm use. 46 Dan Jewell said no. 47 Vice-Chair McKee said his wife and her brother own a farm within '/2 on the other side of 48 Orange Grove Road and it is not within sight line of this property. He said he is going to support 49 this, but does not believe that this will continue to act as a farm. He said the 38 families who move 50 there will likely not be interested in farming. He said it would be a nice residential development.