PUBLIC HEARING AGENDA REQUEST

Owners/Applicants:

Board of Supervisors Meeting Date: 

1.  Ken and Stephanie Knapp (Owners)

2.  Weatherly Farm, LLC (Owner)

3.  Runaway Farm, LLC (Owner)

 

June 8, 2006

Staff Lead:

Department: 

Kimberley Johnson, Zoning Administrator

Community Development

Magisterial District:

PIN:

Marshall

                              1.  6044-84-0502-000

                              2.  6063-87-4757-000

                              3.  6053-04-7312-000

Topic: 

An Ordinance to Approve the 11th Addition to the Upperville Agricultural and Forestal District

 

Topic Description:

Three applications are requesting to be added to the Upperville Agricultural and Forestal District as follows:

1.        Ken and Stephanie Knapp (AGFD06-MA-002) are requesting that one parcel totaling 56.62 acres;

2.        Weatherly Farm, LLC (AGFD06-MA-005) is requesting that one parcel totaling 70.57 acres; and

3.        Runaway Farm, LLC (AGFD06-MA-006) are requesting that one parcel totaling 56.40 acres.

 

Requested Action of the Board of Supervisors: 

Conduct the public hearing and consider adoption of the attached Ordinance.

Financial Impacts Analysis:

None

Agricultural and Forestal District Advisory Committee and Planning Commission Recommendation:

The Agricultural and Forestal District Advisory Committee and Planning Commission have both met to review these proposed additions to the District.  These bodies are charged with advising the Board of Supervisors regarding the renewal of and additions to agricultural and forestal districts.  The Committee and Planning Commission unanimously recommended to approve the additions, subject to the standard conditions.

 

Staff Analysis:

 

 Overview

Each year, landowners may file by February 1st to create a new Agricultural and Forestal District or to add parcels to any existing Agricultural and Forestal District and the Board considers these applications for new districts and additions. 

The Agricultural and Forestal Advisory Committee, as well as the Planning Commission, are charged under the Code with providing advice to the Board of Supervisors relative to these decisions.

The Upperville Agricultural and Forestal District currently contains 84 parcels totaling 7,567.46 acres and will run until June 30, 2011.

Criteria for Evaluating Applications

The Code of Virginia also establishes standards to be considered in determining whether or not to include land in an agricultural and forestal district.  These broad standards include:

  • The agricultural and forestal significance of the land and adjacent land;
  • The presence of any significant agricultural or forestal lands within the district or adjacent areas that are not now in active agricultural or forestal production;
  • The nature and extent of land uses other than active farming or forestry within the district and in adjacent areas;
  • Local development patterns and needs;
  • The comprehensive plan and, if applicable, the zoning regulations;
  • The environmental benefits of retaining the lands in agricultural and forestal uses; and
  • Any other relevant matters.

The Code further states that “in judging the agricultural and forestal significance of land . . . soil, climate, topography, other natural factors, markets for agricultural and forestal products, the extent and nature of farm structures, the present status of agriculture and forestry, anticipated trends in agricultural economic conditions and such other factors as may be relevant” may be considered.

Property #1

The applicant has requested that one parcel totaling 56.62 acres be added to the District.  The property is located on Mt. Airy Road in Upperville and is currently zoned RA.  The applicant has indicated in their application that the parcel is a working farm, with hay and cattle, and that the farm is not owner-operated but operated by a farm manager.

Overview of Property

The parcel is located within the Greystone Subdivision and is primarily open.  The Commissioner of Revenue records show that the property is improved with a home (14,000 sq. ft. plus), garage (1144 sq. ft.), stable, shed, and kennel.  The Commissioner of Revenue shows the parcel has been in land use since at least the year 2000. 

The Fauquier County Soil Survey shows the following soils predominate on the parcel:  

Soil Type

Soil Name

Characteristics

Potential

Agricultural Uses

20C

Tankersville-Purcellville complex, rocky

Moderately deep, well drained, strong brown coarse-loamy soils (Tankerville) and very deep, well drained, strong brown fine-silty soils (Purcellville) on rolling summits and strongly sloping backslopes; moderate erosion potential; fair to marginal development potential

Prime Pasture

20D

Tankersville-Purcellville complex, rocky

Moderately deep, well drained, strong brown coarse-loamy soils (Tankerville) and very deep, well drained, strong brown fine-silty soils (Purcellville) on moderately steep backslopes

Prime Pasture

15B

Seneca loam

Very deep, moderately well drained, yellowish brown loamy soils with intermittent high water tables in concave swales and along small drainageways; moderate potential for erosion; poor or not suited for development

Secondary Cropland

 

Property #2

The applicant has requested that one parcel totaling 70.57 acres be added to the District.  The property is located on West View Lane in Upperville and is currently zoned RA.  The applicant has indicated that the parcel is a full-time, owner-operated working farm, with cattle and horses.  The applicant further notes in their application that:  “Land was purchased April 2005.  Had been left idle for many years.  Before putting animals on property, about 4000 feet of fencing had to be installed, watering systems installed, and buildings repaired.  Steers have been on the property since end of 2005.  Horses were on the property in 2005, but were removed to permit the stable to be rebuilt. Will be returned when that project is complete.”

Overview of Property

The parcel is primarily open with some tree cover.  The Commissioner of Revenue records show that the parcel is improved with two dwellings, a barn and several storage buildings.  

This land was previously in the Agricultural and Forestal District as part of a larger parcel that was removed from the District in 2003.  Two family transfers were approved in 2004 from the original parcel, and this is the residue.

The Fauquier County Soil Survey shows the following soils predominate on the parcel: 

Soil Type

Soil Name

Characteristics

Potential

Agricultural Uses

28C

Fauquier and Eubanks soils

Very deep, well drained, red clayey soils (Fauquier) and/or very deep, well drained red loamy soils (Eubanks) on rolling summits and strongly sloping backslopes; moderate erosion potential; good to marginal development potential

Secondary Cropland

17B

Middleburg loam

Very deep, well drained, brown loamy soils in concave swales and along small drainageways; moderate erosion potential; poor or not suited for development.

Prime Cropland

22B

Purcellville-Swampoodle complex

Very deep, well drained, strong brown silty soils (Purcellville) and very deep, moderately well drained, brownish yellow loamy soils (Swampoodle) with intermittent high water tables on broad summits and slight depressions; moderate erosion potential; fair to poor development potential.

Prime Cropland

23B

Purcellville loam

Very deep, well drained, strong brown fine-silty soils on undulating summits and gently sloping backslopes; moderate erosion potential; good development potential

Prime Cropland

23C

Purcellville loam

Very deep, well drained, strong brown fine-silty soils on strongly sloping backslopes; moderate erosion potential; good development potential

Prime Pasture

10A

Mongle loam

Very deep, somewhat poorly drained, yellowish brown loamy soils with intermittent high water tables in concave landscapes, along small drainageways and on alluvial fans; slight erosion potential; very poor or not suited development potential

Secondary Pasture

 

Property #3

The applicant has requested that one parcel totaling 56.40 acres be added to the District.  The property is located on Carr Lane in Upperville and is currently zoned RA.  The applicant has indicated that the parcel is an owner-operated working farm with hay and cattle and that the property is also rented to other farmers.

Overview of Property

The parcel is primarily open with some tree cover.  The Commissioner of Revenue records show that the parcel is improved with a dwelling and three stable buildings.  The Commissioner of Revenue shows the parcel has been in land use since at least the year 2000. 

The Fauquier County Soil Survey shows the following soils predominate on the parcel:  

Soil Type

Soil Name

Characteristics

Potential

Agricultural Uses

17B

Middleburg loam

Very deep, well drained, brown loamy soils in concave swales and along small drainageways; moderate erosion potential; poor or not suited for development.

Prime Cropland

20C

Tankerville – Purcellville complex, rocky

Moderately deep, well drained, strong brown coarse-loamy soils (Tankerville) and very deep, well drained, strong brown fine-silty soils (Purcellville) on rolling summits and strongly sloping backslopes; moderate erosion potential; fair to marginal development potential.

Prime Pasture

20D

Tankerville – Purcellville complex, rocky

Moderately deep, well drained, strong brown coarse-loamy soils (Tankerville) and very deep, well drained, strong brown fine-silty soils (Purcellville) on moderately steep backslopes; high erosion potential; poor development potential.

Prime Pasture

28C

Fauquier and Eubanks soils

Very deep, well drained, red clayey soils (Fauquier) and/or very deep, well drained red loamy soils (Eubanks) on rolling summits and strongly sloping backslopes; moderate erosion potential; good to marginal development potential

Secondary Cropland

28D

Fauquier and Eubanks soils

Very deep, well drained, red clayey soils (Fauquier) and very deep, well drained red loamy soils (Eubanks) on moderately steep backslopes; high erosion potential; fair to marginal development potential

Prime Pasture

 

Staff Recommendation

Staff recommends, as well as the Agricultural and Forestal District Advisory Committee and Planning Commission, the parcels be added to the District, subject to the standard conditions listed below:

1.      That pursuant to Title 15.2, Chapter 43, Section 15.2-4312 of the Code of Virginia (1950), as amended, the Fauquier County Zoning Ordinance shall apply except as modified below. These modifications are necessary to assure that the Ordinance does not conflict with the purpose for which the District was established.

a.       All uses allowed by right in the applicable zoning district(s) for each parcel listed shall require a special exception permit except for agricultural or forestal production and construction of dwellings for persons who earn a substantial part of their livelihood from a farm operation on the property or for members of their immediate family.

b.      Subdivision of land as defined in Article 2-39 of the Fauquier County Subdivision Ordinance is not permitted.

c.       No special exception permit shall be in conflict with the purposes for which the District was created.

           

2.      That these parcels shall qualify for land use value assessment provided that the parcels meet the criteria of Article 4 of Section 58.1-3229 et seq. of Chapter 32 of Title 58.1 of the Code of Virginia.

3.      That the owners of land within the District shall not terminate the District except as provided for in Section 15.2-4314 of the Code of Virginia.

4.      That lawful termination of any owner’s association in the District shall not serve to terminate the existence of the District, but the District shall continue in effect until the review required by Section 15.2-4311 of the Code of Virginia.

5.      If any portion of a parcel less than 25 acres is sold, boundary line adjusted or divided then the entire parcel shall automatically be removed from the District.

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

 

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 Applications

2.                  Fauquier County GIS Maps Identifying Parcels

 

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