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Overview
Each year, landowners may
file by February 1st to create a new Agricultural
and Forestal District or to add parcels to any existing
Agricultural and Forestal District and the Board considers
these applications for new districts and additions.
The Cobbler Mountain
Agricultural and Forestal District currently contains 28
parcels totaling 2,284.80 acres and will run until June 30,
2014.
Criteria for Evaluating
Applications
The Code of Virginia also
establishes standards to be considered in determining
whether or not to include land in an agricultural and
forestal district. These broad standards include:
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The agricultural and
forestal significance of the land and adjacent land;
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The presence of any
significant agricultural or forestal lands within the
district or adjacent areas that are not now in active
agricultural or forestal production;
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The nature and extent of
land uses other than active farming or forestry within
the district and in adjacent areas;
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Local development
patterns and needs;
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The comprehensive plan
and, if applicable, the zoning regulations;
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The environmental
benefits of retaining the lands in agricultural and
forestal uses; and
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Any other relevant
matters.
The Code further states that
“in judging the agricultural and forestal significance of
land . . . soil, climate, topography, other natural factors,
markets for agricultural and forestal products, the extent
and nature of farm structures, the present status of
agriculture and forestry, anticipated trends in agricultural
economic conditions and such other factors as may be
relevant” may be considered.
Property
The applicants have
requested that one parcel totaling 86.53 acres be added to
the District. The property is located on Ramey Road in
Marshall and is currently zoned RC-Rural Conservation and
RA-Rural Agriculture. The applicants have indicated that
the parcel is rented to other farmers as pasture.
Overview of Property
This parcel was the 4th
Addition to the District in 1998. During the renewal
process in 2005, the owners requested to be removed from the
District. The property expired from the District on March
6, 2006.
The property is almost
entirely wooded, with no structures The Commissioner of
Revenue shows the property has been in land use since at
least the year 2000. The Fauquier County Soil Survey shows
the property to predominately have the following soil types:
|
Soil Type |
Soil Name |
Characteristics |
Potential
Agricultural Uses |
|
221E |
Pigeonroost –
Rock-Outcrop
complex |
Moderately deep,
well drained, dark yellowish-brown loamy soils on
steep backslopes of the Blue Ridge; very high
potential for erosion; very poor development
potential or not suited |
Not Suited
|
|
121D |
Pigeonroost –
Edneytown complex, very stony |
Moderately deep (Pigeonroost)
and very deep (Edneytown), well drained,
yellowish-brown loamy soils on moderately steep
backslopes of the Blue Ridge; high potential for
erosion; poor to marginal development potential |
Secondary Pasture |
|
18D |
Tankerville loam,
very rocky |
Moderately deep,
well drained, strong brown, coarse-loamy soils on
moderately steep backslopes; high potential for
erosion; poor development potential |
Secondary Pasture |
Staff Recommendation
Staff recommends the parcel
be added to the District subject to the standard conditions
listed below:
1.
That pursuant to Title 15.2, Chapter 43, Section
15.2-4312 of the Code of Virginia (1950), as amended, the
Fauquier County Zoning Ordinance shall apply except as
modified below. These modifications are necessary to assure
that the Ordinance does not conflict with the purpose for
which the District was established.
a.
All uses allowed by right in the applicable zoning
district(s) for each parcel listed shall require a special
exception permit except for agricultural or forestal
production and construction of dwellings for persons who
earn a substantial part of their livelihood from a farm
operation on the property or for members of their immediate
family.
b.
Subdivision of land as defined in Article 2-39 of the
Fauquier County Subdivision Ordinance is not permitted.
c.
No special exception permit shall be in conflict with
the purposes for which the District was created.
2.
That these parcels shall qualify for land use value
assessment provided that the parcels meet the criteria of
Article 4 of Section 58.1-3229 et seq. of Chapter 32 of
Title 58.1 of the Code of Virginia.
3.
That the owners of land within the District shall not
terminate the District except as provided for in Section
15.2-4314 of the Code of Virginia.
4.
That lawful termination of any owner’s association in
the District shall not serve to terminate the existence of
the District, but the District shall continue in effect
until the review required by Section 15.2-4311 of the Code
of Virginia.
5.
If any portion of a parcel less than 25 acres is
sold, boundary line adjusted or divided then the entire
parcel shall automatically be removed from the District.
6.
If any portion of a parcel greater than 25 acres is
sold, boundary line adjusted or divided to below 25 acres
then the portion less than 25 acres shall automatically be
removed from the District.
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