Commission recommends partial withdrawal from Agricultural-Forestal District for Bishop Road property; staff to verify survey details

The Planning Commission recommended approval of AFD 25-1 (Ordinance 2096) to withdraw approximately 3.18 acres of the Berger property from the Agricultural-Forestal District to permit creation of three parcels along Treetop Ridge Road.

Staff reported that the property owners, James and Carol Berger, submitted a written request to withdraw part of their approximately 4.67-acre parcel; only about 3.18 acres lie inside the town limits. Staff said withdrawal for subdivision is a permissible and common request and that the agricultural district would remain intact after the partial withdrawal. The town’s agriculture-district committee considered the request and voted 6–0 (with two members absent) to accept the withdrawal recommendation.

Staff noted that rollback-tax liability can apply when land is withdrawn from the Agriculture-Forestal District and that the town’s finance department will calculate any taxes owed if applicable. During public comment a neighbor (Anthony Delbove, 1240 Treetop Ridge Road) said the plat appears to be inaccurate compared with an earlier version and asked staff to verify property-line lengths. Staff acknowledged the concern and said the town will verify the survey information; if the acreage or parcel configuration differs materially from the submitted survey, staff will return the matter to the commission for further consideration prior to Council action.

The motion to recommend withdrawal passed unanimously. The recommendation will go to Town Council for final action; staff will work with the surveyor and applicant to confirm plat accuracy and to calculate any rollback taxes if applicable.