PUBLIC HEARING AGENDA REQUEST

Owners/Applicants:

 Board of Supervisors Meeting Date:

 

John & Debra Jeniec, Owner/Applicant

May 17, 2004

 

Staff Lead:

 

Department:

 

Kimberley Johnson, Zoning Administrator

Community Development

 

Magisterial District:

 

PIN:

Marshall

          6944-39-0770-000 (60.29 Acres)

           6945-20-8528-000   (7.59 Acres)

Topic:

 

An Ordinance to Approve the 11th Addition to the Orlean/Hume Agricultural and Forestal District

 

Topic Description:

 

History of the District

 

The Orlean/Hume Agricultural and Forestal District was originally created in 1981 and was last renewed by the Board of Supervisors effective January 20, 1997 for an eight year period, which expires on January 20, 2005. The district currently consists of 82 parcels and totals approximately 7,563 acres.

 

Property

 

The applicants have requested the addition of two parcels totaling 67.88 acres to the district. These parcels are located along Route 688 and are zoned Rural Agriculture. Approximately half of the larger parcel is pasture and the remaining half is wooded. The property is not utilized for farming and there is a house located on the larger 60.29 acre parcel. The smaller 7.59 acre parcel is entirely wooded. The majority of soil types consist of secondary pasture.

 

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 has not provided a rationale for inclusion of the smaller parcel in this case; however, staff would note that the smaller 7.59-acre parcel is contiguous to the larger 60.29 acre parcel.

 

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 parcel 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.

 

3)      Should the 7.59-acre parcel be sold, it will automatically 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.” The larger parcel is currently in the land use program, the smaller 7.59 acre parcel is not.

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