PUBLIC HEARING AGENDA REQUEST

Owners/Applicants:

 Board of Supervisors Meeting Date:

Duncan & Margaret MacPherson, Owner/Applicant

May 17, 2004

Staff Lead:

Department:

Kimberley Johnson, Zoning Administrator

Community Development

Magisterial District:

PIN:

Marshall

6962-81-1949-000 (72.78 Acres)

Topic:

An Ordinance to Approve the 11^th Addition to the Springs Valley Agricultural and Forestal District

Topic Description:

History of the District

The Springs Valley Agricultural and Forestal District was originally created in 1980 and was last renewed by the Board of Supervisors, effective July 1, 2003, for an eight year period, which expires on June 30, 2011. The District currently consists of 75 parcels and totals approximately 4,663 acres.

Property

The applicants have requested the addition of one parcel totaling 72.78 acres to the District. This property is located on March Wales Road and is zoned Rural Agriculture. Review of this parcel indicates that the property is heavily wooded, with gently rolling terrain. There are no buildings located on the parcel. The application states that this parcel is not a working farm, but is open space. A portion of the property is within a floodplain.

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 Planning Commission recommended that the Board of Supervisors approve this request with the following condition:

• If any portion of the parcel is boundary line adjusted or divided to below 25 acres, then the portion less than 25 acres shall be removed from the District.

Requested Action of the Board of Supervisors:

Hold a public hearing on the proposed addition, 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.” This parcel is 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