AGENDA REQUEST

Owners/Applicants:

 Board of Supervisors Meeting Date:

 

Various-See attached

 

 

January 13, 2005

 

Staff Lead:

 

Department:

 

Kimberley Johnson, Zoning Administrator

Community Development

 

 

PIN:

 

Various- See Attached

Topic:

 

An Ordinance to Approve the Third Renewal of and Fourteenth Addition to the Marshall/Warrenton Agricultural and Forestal District

 

Topic Description:

 

On January 20, 2005, the Marshall/Warrenton Agricultural and Forestal District expires.  The proposed Ordinance would renew the district for an additional term to expire June 30, 2012. The renewal includes all existing parcels, 25 acres or larger in size, whose owners have not requested withdrawal and all parcels under 25 acres whose owners have requested inclusion and have demonstrated compliance with the Board’s 1990 policy for parcels less than 25 acres in size.  The renewal would also incorporate the addition of new parcels that have requested to join during the renewal process.

 

Requested Action of the Board of Supervisors:

 

Consider adoption of the attached Ordinance.

 

Financial Impact Analysis:

 

None

 

Summary Staff Report:

 

History of the District

 

The Marshall/Warrenton Agricultural and Forestal District was created in 1981. At its inception, 272 parcels totaling 18,300 acres were included in the District. The District has been renewed twice, in 1988 and 1996. The district now consists of 198 parcels totaling 13,872.53 acres. The District expires on January 20, 2005.

 

Renewal Process

 

The Code of Virginia establishes procedures for the review and renewal of local agricultural and forestal districts.  The renewal process is intended to provide the local jurisdiction with an opportunity to re-evaluate the agricultural and forestal significance of the land remaining in the district, and to change or add conditions to the parcels in the district.  The renewal process also provides landowners in the district an opportunity to re-evaluate their participation in the district; any landowner may withdraw their parcel from the district during the renewal process by written request.

 

Fauquier County sent letters to all owners of property in the district notifying them of the renewal process and their options relative to the renewal.   Property owners may continue to make requests for withdrawals and additions up to the time the Board of Supervisors acts on the renewal. 

 

Withdrawals

 

Pursuant to the Code of Virginia, any landowner with property in the district may withdraw their land during the renewal process by submitting a written request for withdrawal.  As of January 3, 2005, 18 parcels with a total of 1380.23 acres have been withdrawn by the owner.

 

In 1990, the Board of Supervisors adopted a policy stating that parcels less than 25 acres in size will not be permitted within an agricultural and forestal district unless the parcel is under an open space easement, or the parcel is part of a working farm totaling more than 25 acres which are included within the agricultural and forestal district.  Therefore, it has been the practice that any parcel less than 25 acres will be automatically removed from the district during the renewal process, unless a landowner specifically requests that the parcel remain in the district and demonstrates compliance with the Board’s 1990 policy. At the request of the Agricultural and Forestal Committee, staff has asked the owners of these smaller parcels requesting to remain to specifically confirm that they are either part of a working farm over 25 acres in the district or under open space easement.

 

There are 81 parcels in the current district that are less than 25 acres.  Of these, four (4) have requested withdrawal, and 12 are being removed because no request has been made by the owner for inclusion.  The owners of the remaining 65 parcels have asked to be included in the renewed district, but, of these, staff has not included the following nine (9) parcels in the list of parcels to be renewed because the owner has not demonstrated compliance with the 1990 Board of Supervisor’s policy:

 

        PIN#                            Owners                                    Acres

1.         6978-35-2541             John R. & Mary Trautmann    22.28 acres

 

Mr. & Mrs. Trautmann do farm the land, along with other, larger parcels, but none of the other parcels are in the Agricultural & Forestal District; therefore the Board Policy is not met.

 

2. 6965-36-1567              Philip R. Croessmann                      10.60 acres

 

Mr. Croessmann indicates he does utilize the land for agricultural purposes, but it is not part of a larger working farm and is not under open space easement.

 

3. 6978-52-3199              Fawnborough, LLC             5.28 acres

6978-52-8377             Fawnborough, LLC             1.68 acres

6978-82-0415             Fawnborough, LLC             1.90 acres

 

This property owner has not provided any requested information to demonstrate compliance with the Board of Supervisors policy.

 

4. 6965-19-9992              Hazel B. Olson                                2.07 acres

6966-00-8312              Jack O. & Hazel B. Olson              23.77 acres

 

These properties together comprise 25 acres, but Mrs. Olson has indicated they are not farmed; they are trees and grass and mostly wooded.

 

5.. 6966-74-9935              John & Hillary Davidson                 5.33 acres

6966-84-1552               John & Hillary Davidson               10.00 acres

 

Mr. & Mrs. Davidson do own a larger wooded parcel in the district where they live.   These two smaller parcels adjoin the larger parcel.  The owners have not indicated that they have a working farm, and they do not have an open space easement on the properties.

 

 

Additions

 

The Code of Virginia also allows additions to be made to the district during the renewal process up until Board action on the renewal.  As of January 3, 2005,  the following requests for additions have been received:

 

        PIN#                            Owners                                                Acres

1.         6966-99-7575             Raymond Fox, Trustee             33.93

2.         6976-08-8738             Raymond Fox, Trustee             25.69

3.         6966-97-7397             Raymond Fox, Trustee             32.21

4.         6966-97-1253             Raymond Fox, Trustee             25.87

5.         6966-86-9146             Raymond Fox, Trustee             26.47

6.         6966-77-7324             Raymond Fox, Trustee             25.00

7.         6966-76-5874             Raymond Fox, Trustee             27.00

8.         6966-76-2074             Raymond Fox, Trustee             25.00

9.         6966-68-7155             Raymond Fox, Trustee             25.00

10.       6966-56-9989             Raymond Fox, Trustee             25.00

11.       6966-66-4380             Raymond Fox, Trustee             25.00

12.       6966-56-2031             Raymond Fox, Trustee             25.00

13.       6966-54-8974             Raymond Fox, Trustee                        25.00

14.       6966-44-9971             Raymond Fox, Trustee             27.00

 

The application materials for these parcels are attached. 

 

Staff has recommended that these parcels be added to the district.  Each is over 25 acres; hay and forestal products are the principal products.

 

Conditions

 

The Board may place conditions on the renewal of any district.  Currently, all parcels in the Marshall/Warrenton Agricultural and Forestal District are subject to the following conditions:

 

1.  That pursuant to Title 15.1, Chapter 36. Section 15.1-1512(b) 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 in this  

               ordinance shall require a special exception except that farming uses and single family  

               dwellings on a legally recorded parcel of record shall be permitted by right.

 

          b. Subdivisions of land as defined in Article 2-39 of the Fauquier County Subdivision

             Ordinance are not permitted.

 

          c. No special exception 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 Section 58.1-3229 and 58.1-3244 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 15.1-1511(e) 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 15.1-1511 (e) of the Code of Virginia.

 

In addition, recent additions to the district have had these additional conditions placed on them:

 

1. If a parcel is sold, it is to be withdrawn from the District.

 

2. If a parcel is sold, divided or boundary adjusted to below 25 acres, it is to be withdrawn   

    from the District.

 

Agricultural and Forestal Advisory Committee and Planning Commission Review

 

The Agricultural and Forestal Advisory Board and the Planning Commission have both met to review this renewal and application for addition to the District. These bodies are charged with advising the Board of Supervisors regarding the renewal of and additions to Agricultural and Forestal Districts. The Committee and Planning Commission recommended that the district be renewed subject to the conditions recommended by staff. The Committee asked staff to follow up with additional review of parcels less than 25 acres, to ensure that owners of such parcels meet the criteria established by the Board of Supervisors in 1990. Staff has carefully reviewed the smaller parcels recommended for inclusion to ensure they do meet the policy. The Board of Supervisors held a public hearing on December 9, 2004 and decided to postpone approval of the renewal and additions until the next meeting.

 

Staff Recommended Conditions:

 

The staff recommended conditions are incorporated into the attached ordinance.

 

Identify any other Departments, Organizations or Individuals that would be affected by this request:

Commissioner of the Revenue

Agricultural Development Office

 

ATTACHMENTS:

1.         List of Parcels

2.         Copy of application for new addition

3.         Proposed Ordinance