Board of Supervisors Meeting Date:


Various-See attached



January 13, 2005


Staff Lead:




Kimberley Johnson, Zoning Administrator

Community Development




An Ordinance to Approve the Third Renewal of and Twelfth Addition to the Orlean/Hume Agricultural and Forestal District


Topic Description:


On January 20, 2005, the Orlean/Hume 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:




Summary Staff Report:


History of the District


The Orlean/Hume Agricultural and Forestal District was created in 1981. At the time of its inception, 59 parcels totaling 7,309 acres were included in the District. The District has been renewed twice, in 1988 and 1996. The district now consists of 98 parcels totaling 7,823 acres. On January 20, 2005 the District expires.




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. 




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, seven parcels with a total of 535.53 acres have been withdrawn by the owners.


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, 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 direction of the Agricultural and Forestal Committee, staff has asked the owners of these smaller parcels requesting 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 17 parcels in the current district that are less than 25 acres.  Of these 17 parcels, 4 are being removed since no request has been made by the owner for inclusion.  The owners of the remaining 13 parcels have asked to be included in the renewed district; however, of these, staff has not included the following parcel 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.         6945-20-8528             John D. & Debra J. Jeniec        7.59 acres


This parcel is not part of a working farm nor is it under an open space easement.






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.         6927-57-7016             Gretchen Yahn                         50.0 acres

2.         6927-56-8482             Gretchen Yahn                         5.0 acres

3.         6935-69-5415             Jerome & Marjorie Prochaska  5.25 acres


The application materials for these parcels are attached. 


Staff has recommended inclusion of the larger Yahn parcel in the district.  It is located on Leeds Manor Road; harvesting of hay and some timber clearing are done on the parcel.  The smaller parcel is a recent division intended as a home site for a family member and is not recommended for inclusion as it does not meet the Board’s policy for parcels under 25 acres.


Staff has recommended inclusion of the Prochaska parcel.  Although it is less than 25 acres, the parcel does meet the Board’s policy for smaller parcel.  The parcel is located off John Barton Payne Road; harvesting of corn, soybeans and hay takes place on this parcel, as part of a larger farm which is already in the district. 


Existing Conditions


The Board may place conditions on the renewal of any district.  Currently, all parcels in the Orlean/Hume 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   



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 smaller than 25 acres is sold, it is to be withdrawn from the District


3.      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 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



1.                  List of Parcels in District with Status

2.                  Copy of Application for new addition

3.                  Proposed Ordinance