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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.
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