ORDINANCE

AN ORDINANCE TO APPROVE THE 10TH ADDITION TO THE

ORLEAN/HUME AGRICULTURAL AND FORESTAL DISTRICT

WITHIN FAUQUIER COUNTY

            WHEREAS, Section 15.2-4310, Code of Virginia (1950) as amended, allows additional parcels of land to be added to an existing district following the process described for the creation of a new district; and

            WHEREAS, all requirements of Section 15.2-4310, Code of Virginia (1950) as amended have been met; now, therefore, be it

            ORDAINED by the Fauquier County Board of Supervisors this 16th day of June, 2003, That the 10th Addition to the Orlean/Hume Agricultural and Forestal District be, and is hereby, adopted as follows:

1)      That this addition is land which requires conservation and protection for the production of food and other agricultural and forestal products and as such is a valuable natural and ecological resource providing open space and clean air and adequate safe water supplies and other aesthetic purposes and is, therefore, valuable to public interest.

2)      That this 10th Addition to the Orlean/Hume Agricultural and Forestal District be, and is hereby, added this 16th day of June, 2003, in accordance with the provisions of Title 15.2, Chapter 43, Section 15.2-4310, Code of Virginia (1950) as amended, and for a period of eight years.

3)      That the 10th Addition shall consist of the following parcel(s):

Julian E. Kulski                   6947-00-3333-000                  17.139 acres; and be it            

ORDAINED FURTHER, That the same conditions and restrictions shall apply to wit:

4)      That pursuant to Title 15.2, Chapter 43, Section 15.2-4312, (b) of the Code of Virginia (1950), as amended, the Fauquier County Zoning Ordinance shall apply except as modified below.  The 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 shall require a special exception permit except that farming and single family dwellings on a legally recorded parcel of record shall be permitted by-right.

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

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

5)      That these parcels qualify for land use value assessment provided that the parcels meet the criteria set forth in Article 4 of Section 58.1-3229 et seq. of Chapter 32 of Title 58.1 of the Code.

6)      That the owners of land within the District shall not terminate the District except in accordance with Section 15.2-4314 of the Code.

7)      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 15.2-4314 of the Code.

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

9)      That if any portion of the parcel is subdivided, boundary adjusted or sold, then the parcel shall be removed from the district.

10)  That the District will expire on January 20, 2005 .


ATTACHMENT 2

COUNTY OF FAUQUIER

DEPARTMENT OF COMMUNITY DEVELOPMENT

BOARD OF SUPERVISORS

PUBLIC HEARING

STAFF REPORT

JUNE 16, 2003

SUBJECT:  10th Addition to the Orlean/Hume Agricultural and Forestal District

EXPIRATION DATE OF DISTRICT: January 20, 2005

APPLICANTS:                                                Julian E. Kulski

PARCEL ID#:                                                  6947-00-3333-000                  17.139 acres

LOCATION:                                                   The subject parcel is located north of Route 772, Warland Road , Tract 6 of Thumb Run Mountain Estates.

CURRENT ZONING:                         RC (Conservation) and RA (Rural Agriculture)

SURROUNDING ZONING:                           North:  RA and RC

                                                                        South:  RA and RC

                                                                        East:     RC

                                                                        West:   RC

MAGISTERIAL DISTRICT:                           Marshall

STAFF PLANNER:                                         Holly Meade

BACKGROUND:

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 (8) year period, expiring on January 20, 2005 .  The District currently consists of 79 parcels and totals approximately 7478.41 acres.

The applicants have requested the addition of approximately 17.139 acres to be added to the District.  Copies of the application and parcel map are included in your package.

The application states this parcel is part of a working farm with timber being the principle crop.  This parcel is contiguous to and under the same ownership as four other parcels, totating approximately 63 acres, currently enrolled in the Orlean/Hume Agricultural and Forestal District.

STAFF REVIEW:

Review of this parcel indicates the site is completely wooded with fairly steep terrain. The majority of the soil types consist of secondary pasture land.  The subject property was discovered to have the following soil types:

·        10A – Very deep, somewhat poorly drained, yellowish brown loamy soils with high water tables in concave landscapes, along small drainageways and on alluvial fans; developed in recent colluvium/alluvium washed from basic and acidic rocks; may have HYDRIC soil inclusions

·        18C – Moderately deep, well drained, strong brown, coarse-loamy (Tankerville) and very deep, well drained, strong brown silty (Purcellville) soils on strongly sloping backslopes and undulating summits; 2-10% rock outcrop and 0.1-3% stones and/or boulders cover the surface; developed in residuum from granite, granite gneiss and granitic schist

·        18D - Moderately deep, well drained, strong brown, coarse-loamy soils on moderately steep backslopes; 2-10% rock outcrop and 3-15% stones and/or boulders cover the surface; developed in residuum from granite, granite gneiss and granitic schist

·        20C – Moderately deep, well drained, strong brown coarse-loamy soils (Tankerville) and very deep, well drained, strong brown fine-silty soils (Purcellville) on summits and strongly sloping backslopes; 0.1 – 2% rock outcrop; developed in residuum from granite, schist and gneiss

·        20D - Moderately deep, well drained, strong brown coarse-loamy soils (Tankerville) and very deep, well drained, strong brown fine-silty soils (Purcellville) on summits and strongly sloping backslopes; 0.1 – 2% rock outcrop; developed in residuum from granite, schist and gneiss

The proposed addition to the Orlean/Hume Agricultural and Forestal District is contingent upon a Board of Supervisors’ policy that was adopted on March 6, 1990 .  This policy states that parcels which are smaller than twenty-five (25) acres in size shall be excluded from an Agricultural and Forestal District unless one of the following exceptions is met:  (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.

PLANNING COMMISSION AND AGRICULTURAL AND FORESTAL ADVISORY COMMITTEE:

The Kulski application was received after the Agricultural and Forestal Advisory Committee meeting.  The Planning Commission voted to recommend approval for the following reasons: 

·        Review of the natural features of this parcel indicates that there are significant resources which are worthy of protection and would enhance the District, and

·        The parcel meets the criteria for evaluating the factors for inclusion into the District as required by Section 15.2-4306 of the Code of Virginia, and  

·        The subject property is part of a working farm and under the same ownership of other lands which are currently a working farm and are in the Orlean/Hume Agricultural and Forestal District.

In addition, the Planning Commission recommended approval with the following condition:

·        If any portion of the parcel is subdivided, boundary adjusted, or sold then the parcel shall be removed from the District.

ATTACHMENTS

1.      Copy of Application

2.   Copy of Fauquier County Geographic Information Systems Map

3.   Copy of Section 15.2-4306 of the Code of Virginia