PUBLIC HEARING AGENDA REQUEST

Owners/Applicants:

 

 Board of Supervisors Meeting Date:

Richard and Patrice Grandy, Owner/Applicant

May 17, 2004

 

Staff Lead:

 

Department:

 

Kimberley Johnson, Zoning Administrator

Community Development

 

Magisterial District:

 

PIN:

Cedar Run

6990-14-5795-000 (44.10 Acres)

 

Topic:

 

An Ordinance to Approve or a Resolution to Deny a Withdrawal from the Southern Fauquier Agricultural and Forestal District

 

Topic Description:

 

History of the District

 

The Southern Fauquier Agricultural and Forestal District was originally created in 1982 and is currently due to expire on February 16, 2006. The District currently contains 253 parcels comprising approximately 19,212 acres.

 

Property

 

This parcel was added to the District by a previous owner in 1983. This property is one of two parcels containing a total of 54.3 acres owned by the applicant in the district. The applicants are requesting removal of this parcel from the District so that it may be subdivided and sold. The applicants are currently marketing the property for two residential lots. While a property remains in an agricultural and forestal district, it cannot be subdivided.  Staff would note that removal of this parcel would leave a 10.28-acre parcel owned by Mr. & Mrs. Grandy in the District, whereas the minimum acreage established by the Board of Supervisorsí policy is 25 acres. The residual 10.28-acre parcel was approved by the County for a special exception for a dog kennel/grooming facility.

 

Standards

 

Pursuant to Section 15.2-4314 of the Code of Virginia, at any time after the creation of a District within any locality, any owner of land lying in such District may file with the locality a written request to withdraw all or part of his land from the District for good and reasonable cause.

 

 

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 Planning Commission recommended that the Board of Supervisors deny this request for removal from the Southern Fauquier District. The Agricultural and Forestal Advisory Board found that the applicant has demonstrated no good and reasonable cause for removal from the District, citing only personal reasons. Also noted was that the District is up for renewal in a year, and that the property can be removed at that time. Finally, the Agricultural and Forestal Advisory Board also noted that removing this parcel would leave a 10-acre parcel owned by the applicant in the District, which is less than the 25-acre minimum established as a policy by the Board of Supervisors. If the withdrawal is approved, the remaining 10 acres would automatically be withdrawn upon the expiration and renewal of the district.

 

Requested Action of the Board of Supervisors:

 

Hold a public hearing, and consider adoption of the attached Ordinance for approval or the Resolution for denial.

 

Financial Impact Analysis:

No financial analysis was conducted for this proposed withdrawal.

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 Resolution
  3. Copy of Application
  4. Fauquier County GIS Map of Property
  5. Letter of Request