PUBLIC HEARING AGENDA REQUEST

Owners/Applicants:

 Board of Supervisors Meeting Date:

Stephen E. & Ann P. Garmon

June 11, 2009

Staff Lead:

Department:

 Andrew Hushour, Assistant Zoning Administrator

 Community Development

 

Magisterial District:

PIN:

Marshall

 

 6947-04-5022-000
6947-05-5541-000

Topic:

AGFD09-MA-001 – 14th Addition to the Orlean/Hume Agricultural and Forestal District

 

Topic Description:

The applicant is requesting two parcels totaling 86.5565 acres be added to the Orlean/Hume Agricultural and Forestal District. 

 

Requested Action of the Board of Supervisors:

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

 

Agricultural and Forestal District Advisory Committee and Planning Commission Recommendation:

The Agricultural and Forestal District Advisory Committee and the Planning Commission unanimously recommended forwarding this item to the Board of Supervisors with a recommendation of approval.

 

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 District Advisory Committee, as well as the Planning Commission, are charged under the Code of Virginia with providing advice to the Board of Supervisors relative to these decisions.

The Orlean/Hume Agricultural and Forestal District currently contains 92 parcels totaling 7,315 acres and will run until June 30, 2012.

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

The applicants have requested that two parcels totaling 86.5565 acres be added to the District.  The property is located at the intersection of Tanner Branch Road and John Barton Payne Road in Marshall.  The applicants have indicated that the properties are not a full-time working farm.  The applicants did indicate on the application that a neighboring farmer cuts and takes hay in exchange for his labor.  The wooded portion of the property has qualified for Land Use taxation for at least the last five years.

Overview of Property

The 62.50-acre parcel is mostly wooded with open area.  This parcel is split by John Barton Payne Road, leaving a 5.5645-acre parcel (survey attached) that should be treated as a separate lot of record.  Although the parcel is mapped incorrectly, the 5.5645-acre parcel meets the requirements for addition to the District.  The Commissioner of the Revenue records show no improvements on the property.  The parcel is getting the special land use assessment on its wooded land only.  The Fauquier County Soil Survey shows the property to predominately have the following soil types:  

Soil Type

Soil Name

Characteristics

Potential

Agricultural Uses

20C

Tankerville-Purcellville complex

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; fair development potential

Prime Pasture

20D

Tankerville-Purcellville complex

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; poor development potential

Prime Pasture

18D

Tankerville loam

Moderately deep, well drained, strong brown, coarse-loamy soils on moderately steep backslopes; poor development potential

Secondary Pasture

18E

Tankerville loam

Moderately deep, well drained, strong brown, coarse-loamy soils on steep backslopes; very poor development potential

Not Suited

17B

Middleburg loam

Very deep, well drained, brown loamy soils in concave swales and along small drainageways; poor development potential

Prime Cropland

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; very poor development potential

Secondary Pasture

 The 24.0565-acre parcel is entirely open space.  The Commissioner of the Revenue records show the parcel improved with a dwelling and equine paddock.  The Fauquier County Soil Survey shows the property to predominately have the following soil types: 

Soil Type

Soil Name

Characteristics

Potential

Agricultural Uses

20D

Tankerville-Purcellville complex

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; 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; good development potential

Secondary Cropland

17B

Middleburg loam

Very deep, well drained, brown loamy soils in concave swales and along small drainageways; poor development potential

Prime Cropland

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; very poor development potential

Secondary Pasture

Staff Recommendation

The parcels requesting to be added are located on the outer boundary of the District and allowing the parcels in the District would be in accordance with the County’s policy on preserving agricultural and forestal lands.  Therefore, staff recommends including the parcels in the District.

If the Board of Supervisors recommends the parcels be included in the District, staff recommends that they be subject to the standard conditions 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 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.

 

Financial Impact Analysis:

No financial impact analysis has been conducted.

 

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

Commissioner of the Revenue
GIS
State Forester
Commissioner of Agriculture and Consumer Services

ATTACHMENTS:

  1. Copy of Application
  2. Fauquier County GIS Map of Properties
  3. Resolution to Deny

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