ORDINANCE

AN ORDINANCE TO APPROVE THE 20TH ADDITION TO THE

SOUTHERN FAUQUIER 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 20th Addition to the Southern Fauquier 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 20th Addition to the Southern Fauquier Agricultural and Forestal District 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 20th Addition shall consist of the following parcel(s):

Charles A.and June Padgett, Jr.                  7837-58-7123-000                  10 acres

Charles A.and June Padgett, Jr.                  7837-47-8877-000                  12.46 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 either of the parcels is subdivided, boundary adjusted, or sold, then the parcels shall be removed from the district.

10)  That the District will expire on February 16, 2006 .


ATTACHMENT 2

COUNTY OF FAUQUIER

DEPARTMENT OF COMMUNITY DEVELOPMENT

BOARD OF SUPERVISORS

PUBLIC HEARING

STAFF REPORT

JUNE 16, 2003

SUBJECT:  20th Addition to the Southern Fauquier Agricultural and Forestal District

EXPIRATION DATE OF DISTRICT: February 16, 2006

APPLICANTS:                                                Charles A. and June Padgett, Jr.

PARCEL ID#:                                                  7837-58-7123-000      10 acres

7837-47-8877-0 00     12.46 acres

LOCATION:                                                   The subject parcels are located on the south side of Route 616, Bristersburg Road , and are part of the Gold Ridge Subdivision.

CURRENT ZONING:                         RA (Rural Agriculture)

SURROUNDING ZONING:                           North:  RA

                                                                        South:  RA

                                                                        East:     RA

                                                                        West:   RA

MAGISTERIAL DISTRICT:                           Cedar Run

STAFF PLANNER:                                         Holly Meade

BACKGROUND:

The Southern Fauquier Agricultural and Forestal District was originally created in 1982 and was last renewed by the Board of Supervisors effective February 16, 1998 , for an eight (8) year period, expiring on February 16, 2006 .  The District currently consists of 251 parcels and totals approximately 19,189.68 acres.

The applicants have requested the addition of approximately 22.46 acres 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 cattle farm that is rented to other farms.  These two parcels are contiguous to and under the same ownership as a ten acre parcel currently enrolled in the Southern Fauquier Agricultural and Forestal District. 

STAFF REVIEW:

Review of the parcels indicate the site is open with gently rolling terrain.  The majority of the soil types consist of prime pasture land and secondary crop 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

·        13B – Very deep, moderately well to somewhat poorly drained, strong brown loamy soils in drainageways; developed in alluvium and colluvium from adjacent uplands

·        34B – Very deep, well drained, yellowish-red clayey soils on summits and gently sloping backslopes; developed in residuum from sericite, biotite schists and meta-monzanite granite

·        34C – Very deep, well drained, yellowish-red clayey soils on strongly sloping backslopes; developed in residuum from sericite, biotite schists and meta monzanite granite

·        35C – Very deep, well drained, red clayey soils strongly sloping backslopes in dissected uplands; developed in residuum from sericite schist, phyllonite, and phyllite

The proposed addition to the Southern Fauquier 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.

AGRICULTURAL AND FORESTAL ADVISORY COMMITTEE RECOMMENDATION:

The Agricultural and Forestal Advisory Committee voted to forward this application to the Planning Commission for consideration at a public hearing without a recommendation.  The Planning Commission asked staff to research how the Padgett’s owned a 10 acre parcel currently enrolled in the Southern Fauquier Agricultural and Forestal District.  After examination of the 1997 records of the 2nd renewal of the Southern Fauquier Agricultural and Forestal District, staff discovered that the Padgett’s 10 acre parcel ( PIN 7837-58-9815-000) was formally owned by Mr. and Mrs. Thomas Thorpe, Jr.  The Thorpe’s owned three parcels, totaling 30 acres, enrolled in the Southern Fauquier Agricultural and Forestal District.  The Padgett's purchased the above mentioned 10 acre parcel from the Thorpes in February 2002.  The parcel did not have the condition placed on its inclusion in the Agricultural and Forestal District, as many parcels under 25 acres do today, that if it were sold it would be removed from the District.  Therefore, staff recommends approval of the owner’s request to add approximately 22.46 acres to the Southern Fauquier Agricultural and Forestal District since these two parcels are contiguous to and under the same ownership as the ten acre parcel currently enrolled in the District.  The following also applies to this request:

·        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

Staff recommends that the Planning Commission place the following condition on their recommendation of approval:

·        If any of the parcels are subdivided, boundary adjusted, or sold then the parcels 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