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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 of Supervisors considers these applications for new
districts and additions.
The Orlean/Hume
Agricultural and Forestal District currently contains 86
parcels totaling 7,288.3803 acres and will run until June
30, 2012.
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:
- The
agricultural and forestal significance of the land and
adjacent land;
- 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;
- The
nature and extent of land uses other than active farming
or forestry within the district and in adjacent areas;
- Local
development patterns and needs;
- The
comprehensive plan and, if applicable, the zoning
regulations;
- The
environmental benefits of retaining the lands in
agricultural and forestal uses; and
- 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 26.2795
acres be added to the District. The property is located on
Cornwell Lane in Hume. The applicants have indicated that
the property is not a working farm but that horses are kept
on the property for personal use.
Overview
of Property
The parcel
is primarily open space. The Commissioner of Revenue
records show that the parcel is improved with two homes, one
garage w/apartment, stables, paddock shelter, and a shed.
The Fauquier
County Soil Survey shows the property to predominantly have
the following soil types:
|
Soil Type |
Soil Name |
Characteristics |
Potential
Agricultural Uses |
|
28C |
Fauquier and
Eubanks soils |
Very deep, well drained, red
clayey soils (Fauquier) and/or very deep, well
drained, red loamy soils (Eubanks) on rolling
summits and strongly sloping backslopes; marginal
development potential |
Secondary Cropland |
|
20C |
Tankerville – Purcellville
complex, rocky |
Moderately deep, well drained,
strong brown coarse-loamy soils (Tankerville) and
very deep, well drained, strong brown fine-silty
soils (Purcellville) on rolling summits and strongly
sloping backslopes; marginal development potential |
Prime Pasture |
|
20D |
Tankerville – Purcellville
complex, rocky |
Moderately deep, well drained,
strong brown coarse-loamy soils (Tankerville) and
very deep, well drained, strong brown fine-silty
soils (Purcellville) on moderately steep backslopes |
Prime Pasture |
|
17B |
Middleburg loam |
Very deep, well drained, brown
loamy soils in concave swales and along small
drainageways; not suited for development |
Secondary Cropland |
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 a parcel is divided or boundary line adjusted to
below 5 acres, it shall be removed from the District.
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