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ORDINANCE AN
ORDINANCE TO APPROVE THE 10TH ADDITION TO THE ORLEAN/HUME
AGRICULTURAL AND FORESTAL DISTRICT WITHIN
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 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): Ernest Robinson, Heirs 6936-71-2039-000 39.41 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 owners 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 the parcel is subdivided or boundary
adjusted, any newly created parcel below 25 acres shall be removed from
the district. 10)
That
the District will expire on DEPARTMENT
OF COMMUNITY DEVELOPMENT BOARD
OF SUPERVISORS PUBLIC
HEARING STAFF
REPORT SUBJECT: 10th
Addition to the Orlean/Hume Agricultural and Forestal District EXPIRATION DATE OF DISTRICT: APPLICANTS:
Ellen R. Corum by Felice R. Brooks PARCEL ID#:
6936-71-2039
39.41 acres LOCATION:
The subject parcel is located near Orlean, north of Route 732, CURRENT ZONING:
RA (Rural Agriculture) SURROUNDING ZONING:
North: RA and RC
South: RA
East: RA
and RC
West: RA MAGISTERIAL DISTRICT:
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 The applicants have requested the addition of
approximately 39.41 acres to the District.
Copies of the application and parcel map are included in your
package. The application states this parcel is rented to
other farmers with the principal crops being hay, soybeans and corn. STAFF REVIEW: Review of the parcel indicates the site is
partially wooded with gently rolling terrain. The majority of the soil
types consist of secondary crop land. The subject property was discovered
to have the following soil types: ·
15B Very deep, moderately well drained,
yellowish-brown loamy soils with intermittent high water tables in concave
swales and along small drainageways; developed in recent colluvium and
local wash from crystalline uplands; may have hydric soil inclusions ·
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 ·
31C Very deep, well drained, strong brown, fine-silty
(Purcellville) and moderately deep, well drained, strong brown,
coarse-loamy (Tankerville) soils on strongly sloping backslopes; developed
in residuum from granite, granite gneiss and granitic schist ·
38B Very deep, moderately well drained, mottled
brownish-yellow and strong brown loamy soils with intermittent high water
tables on broad summits and slight depressions; may have shrink-swell clay
in subsoil; developed in local colluvium and residuum from granitic rocks;
may have hydric soils inclusions PLANNING COMMISSION AND AGRICULTURAL AND
FORESTAL ADVISORY COMMITTEE: The Planning Commission and the Agricultural
and Forestal Advisory Committee 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 In addition, the Planning Commission
recommended approval with the following condition: ·
If the 39.41 acre parcel is subdivided or boundary
adjusted, any newly created parcel below 25 acres shall be removed from
the District. ATTACHMENTS 2. Copy
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