PUBLIC HEARING AGENDA REQUEST

Owners/Applicants:

 Board of Supervisors Meeting Date:

Richard E. and Molly P. Wolfe

 

June 14, 2007

Staff Lead:

Department:

Kimberley Johnson, Zoning Administrator

 

Community Development

 

Magisterial District:

PIN:

Marshall

6926-46-2635

 

Topic:

An Ordinance to Approve the 13th Addition to the Orlean/Hume Agricultural and Forestal District

 

Topic Description:

The applicants are requesting one parcel totaling 26.2795 acres be added to the Orlean/Hume Agricultural and Forestal District (hereinafter “the 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 Planning Commission have both met to review this 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 unanimously recommended approving the addition, 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 of Supervisors considers these applications for new districts and additions. 

The Orlean/Hume Agricultural and Forestal District currently contains 86 parcels totaling 7,288.3803 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 one parcel totaling 26.2795 acres be added to the District.  The property is located on Cornwell Lane in Hume.  The applicants have indicated that the property is not a working farm but that horses are kept on the property for personal use. 

Overview of Property

The parcel is primarily open space.  The Commissioner of Revenue records show that the parcel is improved with two homes, one garage w/apartment, stables, paddock shelter, and a shed.  

The Fauquier County Soil Survey shows the property to predominantly have the following soil types:

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; marginal development potential

Secondary 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; 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

Prime Pasture

17B

Middleburg loam

Very deep, well drained, brown loamy soils in concave swales and along small drainageways; not suited for development

Secondary Cropland

Staff Recommendation

Staff recommends the parcel 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 a parcel is divided or boundary line adjusted to below 5 acres, it shall be removed from the District.

 

Financial Impact Analysis:

None conducted.

 

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 Application

2.      Fauquier County GIS Map of Property

3.      Ordinance to Approve

4.      Resolution to Deny

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