PUBLIC HEARING AGENDA REQUEST

Owners/Applicants:

Board of Supervisors Meeting Date:

 

Various-See attached

 

 

June 9, 2005

 

Staff Lead:

 

Department:

 

Kimberley Johnson, Zoning Administrator

Community Development

 

Topic:

 

An Ordinance to Approve the Second Renewal of the Paris Valley Agricultural and Forestal District

 

Topic Description:

 

On May 15, 2006, the Paris Valley Agricultural and Forestal District expires.  The proposed Ordinance would renew the District for an additional term to expire June 30, 2014. The renewal includes all existing parcels, 25 acres or larger in size, whose owners have not requested withdrawal, and all parcels under 25 acres whose owners have requested inclusion and have demonstrated compliance with the Board’s 1990 policy for parcels less than 25 acres in size.  The renewal would also incorporate the addition of new parcels that have requested to join during the renewal process.

 

Requested Action of the Board of Supervisors:

 

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

 

Financial Impact Analysis:

 

None

 

Summary Staff Report:

 

History of the District

 

The Paris Valley Agricultural and Forestal District was created in 1990. At the time of its inception, 9 parcels totaling 1,250 acres were included in the District. The District now consists of 11 parcels totaling 1,514 acres. On May 15, 2006, the District expires.

 

Renewal Process

 

The Code of Virginia establishes procedures for the review and renewal of local agricultural and forestal Districts.  The renewal process is intended to provide the local jurisdiction with an opportunity to re-evaluate the agricultural and forestal significance of the land remaining in the District, and to change or add conditions to the parcels in the District.  The renewal process also provides landowners in the District an opportunity to re-evaluate their participation in the District; any landowner may withdraw their parcel from the District during the renewal process by written request.

 

Fauquier County sent letters to all owners of property in the District notifying them of the renewal process and their options relative to the renewal.   Property owners may continue to make requests for withdrawals and additions up to the time the Board of Supervisors acts on the renewal. 

 

Withdrawals

 

Pursuant to the Code of Virginia, any landowner with property in the District may request to withdraw their land during the renewal process by submitting a written request for withdrawal.  As of May 31, 2005, eight property owners have requested their property to be withdrawn from the District.

 

In 1990, the Board of Supervisors adopted a policy stating that parcels less than 25 acres in size will not be permitted within an agricultural and forestal District unless the parcel is under an open space easement, or the parcel is part of a working farm totaling more than 25 acres which are included within the agricultural and forestal District. Therefore, any parcel less than 25 acres will be automatically removed from the District during the renewal process unless a landowner specifically requests that the parcel remain in the District and demonstrates compliance with the Board’s 1990 policy.  At the direction of the Agricultural and Forestal Committee, staff has asked the owners of these smaller parcels requesting to specifically confirm that they are either part of a working farm over 25 acres in the District or  under open space easement.

 

There are 3 parcels in the current District that are less than 25 acres.  As of May 31, 2005, 1 of the 3 parcels will automatically be removed since no request has been made by the owner for inclusion. The other 2 parcels have been requested to be removed by the owners.

 

Additions

 

The Code of Virginia also allows additions to be made to the District during the renewal process up until Board action on the renewal.  As of May 31, 2005, no requests for additions have been received.

 

Existing Conditions

 

The Board may place conditions on the renewal of any District.  Currently, all parcels in the Paris Valley Agricultural and Forestal District are subject to the following conditions:

 

1. That pursuant to Title 15.1, Chapter 36. Section 15.1-1512(b) 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 in this Ordinance shall require a special exception except that farming uses and single family dwellings on a legally recorded parcel of record shall be permitted by right.

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

c.       No special exception 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 Section 58.1-3229 and 58.1-3244 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 15.1-1511(e) 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 15.1-1511 (e) of the Code of Virginia.

 

5.  That parcels under twenty-five (25) acres shall be excluded except where exempted by the Board.

 

In addition, recent additions to the District have had these additional conditions placed on them:

 

1. If a parcel is sold, it is to be withdrawn from the District.

2.  If a parcel is sold, divided or boundary adjusted to below 25 acres, it is to be withdrawn from the District.

 

Agricultural and Forestal Advisory Committee and Planning Commission Review

 

The Agricultural and Forestal Advisory Board and the Planning Commission have both met to review this renewal and application for addition 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 recommended that the District be renewed subject to the conditions recommended by staff. The Committee asked staff to follow up with additional review of parcels less than 25 acres, to ensure that owners of such parcels meet the criteria established by the Board of Supervisors in 1990, and also to be sure owners of such parcels realize they must take affirmative action to stay in the District. Staff has carefully reviewed the smaller parcels recommended for inclusion to ensure they do meet the policy. Multiple letters have been sent to the owners advising all of the actions necessary to stay in or be removed from the District.

 

Staff Recommended Conditions:

 

The staff recommended conditions are incorporated into the attached Ordinance.

 

Identify any other Departments, Organizations or Individuals that would be affected by this request:

Commissioner of the Revenue

Agricultural Development Office

 

ATTACHMENTS:

1.                  List of Parcels in District with Status

2.                  Proposed Ordinance