PUBLIC HEARING AGENDA REQUEST

Owners/Applicants:

 Board of Supervisors Meeting Date:

 

Thomas W. Dizerega, Owner & Mary Bryan DeBerry, Applicant

 

May 17, 2004

 

Staff Lead:

 

Department:

 

Kimberley Johnson, Zoning Administrator

Community Development

 

Magisterial District:

 

PIN:

Marshall

 6053-41-7879-000  (424.39 Acres)

 6053-03-2393-000   ( 17.02 Acres)

     6062-55-8181-000 (642.43  Acres)

Topic:

 

An Ordinance to Approve the 10th Addition to the Upperville Agricultural and Forestal District

 

Topic Description:

 

History of the District

 

The Upperville Agricultural and Forestal District was originally created in 1979 and is currently due to expire on June 30, 2011. If approved, this addition would expire and become eligible for renewal with the remainder of the District on that date. The District currently contains 81 parcels comprising approximately 6,483.62 acres.

 

Property

 

The applicant has requested that three parcels totaling 1,083.84 acres be added to the District. The parcels are not contiguous to each other, but the 424-acre and 17-acre parcels are each contiguous to one additional parcel owned by the applicant, a 125.57-acre parcel that is already part of the Upperville District. The two larger parcels are each split by a public road running through them. According to the applicant, the parcels are used as a family-operated working farm whose principal crop is hay. The 424-acre parcel has three houses located on it, as well as a silo, barns and sheds. The 642-acre parcel has five houses located on it, as well as a cottage, an office, sheds and barns. There are no structures located on the 17-acre parcel.

 

Review of the 424.39-acre parcel indicates that the site is partially wooded with moderately rolling terrain. Review of the 17.02-acre parcel indicates that the site is open with fairly flat terrain, and review of the 642.43-acre parcel indicates that the site is partially wooded with rolling terrain. The majority of the soil types consist of secondary cropland. More detailed soils information is provided as an attachment.

 

One of the parcels proposed for inclusion contains less than 25 acres. In 1990, the Board of Supervisors adopted a policy stating that parcels which are less than 25 acres will not be permitted within an agricultural and forestal district; however, a landowner may request an exemption from this policy, for reasons to include:

 

1.                  The subject property is under an open space easement; and/or

 

2.                  The subject property is part of a working farm and under the same ownership, or family ownership, of other lands which are currently a working farm and are in, or being added to, an Agricultural and Forestal District.

 

The applicant states that the 17.02-acre parcel is part of the working farm; further it is directly adjacent to another 125.57-acre parcel (PIN # 6053-11-2210-000) under the same family ownership which is already within the Upperville Agricultural and Forestal District. The 17.02-acre parcel was previously in the District, but was removed in 2003 during the renewal process because it contained less than 25 acres.

 

Standards

 

The Code of Virginia, Section 15.2-4306, establishes the following factors to be considered in evaluating an application for an agricultural and forestal district:

 

1.      The agricultural and forestal significance of land within the District or addition, and in areas adjacent thereto;

 

2.      The presence of any significant agricultural lands or significant forestal lands within the District and in areas adjacent thereto that are not now in active agricultural or forestal production;

 

3.      The nature and extent of land uses other than active farming or forestry within the District and in areas adjacent thereto;

 

4.      Local development patterns and needs;

 

5.      The comprehensive plan and, if applicable, the zoning regulations;

 

6.      The environmental benefits of retaining the lands in the District for agricultural and forestal uses; and

 

7.      Any other matter which may be relevant.

 

Agricultural and Forestal Advisory Board and Planning Commission Review

 

The Agricultural and Forestal Advisory Board and the Planning Commission have both met to review this application. These bodies are charged with advising the Board of Supervisors regarding the potential impacts of additions/withdrawals to Agricultural and Forestal Districts.

 

The Agricultural and Forestal Advisory Board and the Planning Commission recommended that the Board of Supervisors approve this request with the following conditions:

 

1)      If any portion of the parcel less than 25 acres is boundary line adjusted or divided, then the entire parcel shall be removed from the District;

 

2)      If any portion of the parcels greater than 25 acres is boundary line adjusted or divided to below 25 acres then the portion less than 25 acres shall be removed from the District; and

 

3)      Should the 17.02-acre parcel be sold, it will automatically be removed from the District.

 

Requested Action of the Board of Supervisors:

 

Hold a public hearing, and consider adoption of the attached Ordinance.

 

Financial Impact Analysis:

 

The Code of Virginia Article 15.2-4312, Effects of Districts, states that “land lying within a district and used in agricultural or forestal production shall automatically qualify for an agricultural or forestal use-value assessment pursuant to Article 4 of Chapter 32 of Title 58.1 if the requirements for such assessment contained therein are satisfied.” These three parcels are currently in the land use program.

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

Commissioner of the Revenue

Agricultural Development Office

 

 

Attachments:

 

1.                  Copy of Ordinance

2.                  Copy of Application

3.                  Fauquier County GIS Map of Property

4.                  Soil Types Information