ORDINANCE

AN ORDINANCE TO APPROVE THE 3rd RENEWAL OF THE

SPRINGS VALLEY AGRICULTURAL AND FORESTAL DISTRICT

WITHIN FAUQUIER COUNTY

            WHEREAS, Section 15.2-4311, Code of Virginia (1950). as amended, requires that local governing bodies review Agricultural and Forestal Districts prior to the time of a district’s expiration; and

            WHEREAS, at such time of review, the local governing body must determine whether to continue, modify, or terminate the district; and

            WHEREAS, all requirements of Section 15.2-4311, Code of Virginia (1950) as amended have been met, and

            WHEREAS, the Fauquier County Board of Supervisors have held a public hearing regarding this matter; now, therefore, be it

            ORDAINED by the Fauquier County Board of Supervisors this 16th day of June 2003, That the 3rd renewal of the Springs Valley Agricultural and Forestal District be, and is hereby, adopted as follows:

1)      That the third renewal of the Springs Valley Agricultural and Forestal District 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 the third renewal of the Springs Valley Agricultural and Forestal District be, and is hereby, established this 16th day of June 2003, in accordance with the provisions of Title 15.2, Chapter 43, Section 15.2-4311, Code of Virginia (1950), as amended.

3)      That the renewal shall consist of the following parcels:

 

Name

PIN

Acreage

MALONEY, SHARON A

6962-79-8112

1.0000

MALONEY, SHARON A

6962-79-8228

1.0000

MALONEY, SHARON A

6962-79-5009

3.0000

MALONEY, SHARON A

6962-79-6896

5.0057

MALONEY, SHARON A

6962-89-0710

5.0057

MALONEY, SHARON A

6962-79-4680

5.8430

MALONEY, SHARON A

6962-79-1557

6.4830

WILSON, MARGARET ALLEN REVOCABLE TRUST

6962-66-6180

10.0000

BULLARD, PARKER E

6963-66-4563

10.2690

CUMMINGS, SUSAN

6963-28-8759

10.5453

MARKS, HILDEGARDE E

6973-66-1205

11.1946

MARKS, HILDEGARDE E

6973-65-3367

12.0107

CUMMINGS, SUSAN

6963-37-3585

14.6131

LENNMAN, LENNART

6973-24-3118

17.3013

WILSON, MARGARET ALLEN REVOCABLE TRUST

6962-75-2982

21.2500

TUFTS, SALLY S.

6963-58-3602

23.987

TUFTS, SALLY S

6963-58-3602

23.9870

TUFTS, BALDWIN DAY

6963-54-4846

25.0000

DAMEWOOD, GEORGE P

6973-57-4192

25.1297

ROGERS LLC

6973-20-3313

25.5071

LANGHORNE, CHISWELL D JR & BARBARA

6963-77-7688

25.6000

MACKIE, LORA JANE

6964-91-4799

25.9198

ROBERT, ALICE BIRNEY WALKER

6962-18-9234

27.1296

ROSZEL, SUSAN H TRUSTEE

6973-36-1856

27.2806

CUMMINGS, SUSAN

6963-18-2904

27.5487

BILLSTONE, ARLENE M

6963-27-7370

28.9100

MACKIE, JOHN C

6964-70-6762

29.3500

DAMEWOOD, GEORGE P

6973-57-6774

29.4899

LENNMAN, LENNART

6973-24-0850

29.6143

ROBERT, ALICE BIRNEY WALKER

6963-40-0740

30.0867

ROBERT, ALICE BIRNEY WALKER

6962-39-8200

30.6405

TUFTS, HENRY POOL

6963-37-9290

30.6883

MARKS, HILDEGARDE E

6973-73-1988

31.5516

ROBERT, ALICE BIRNEY WALKER

6962-39-3603

33.8050

MITCHELL, SAMUEL A TEE

6973-46-4038

34.1270

TUFTS, SALLY S

6963-57-6784

37.7500

TUFTS, WALTER DEAN TRUSTEE

6963-56-7234

38.0000

RIVERWIND EAST LLC

6953-45-6706

38.5300

TUFTS, SALLY S

6963-46-9729

41.8324

TUFTS, PHOEBE R

6963-33-3772

41.9013

ROBERT, ALICE BIRNEY WALKER

6962-29-4444

42.2925

WILCOX, JAMES W

6973-67-7649

42.4304

QUEEN, WILLIAM STUART

6962-09-4317

43.2740

LHOMMEDIEU, ROBERT H

6953-99-2589

43.3240

MALONEY, SHARON A

6973-11-7441

43.4277

WILSON, RICHARD EARL

6963-05-6140

45.5481

CUMMINGS, SUSAN

6963-29-4456

50.0000

WILSON, EILEEN ALLEN

6962-68-7848

50.5600

CUMMINGS, SUSAN

6963-38-8663

50.8270

RIEDEL, EMIL GEORGE TRUSTEE

6962-53-5643

50.8912

THOMAS, SIDNEY A TRUSTEE

6962-73-5386

51.0000

RIVERWIND LLC

6953-34-9631

51.1600

JOHNSON, CHRISTOPHER H

6963-24-8863

51.7734

MALONEY, SHARON A

6972-34-4551

54.4825

PIRASTEH, A AHMAD

6961-79-5691

55.5056

DUNBAR, HENRY F

6963-87-6564

55.7000

KING, JEFFREY FRANK

6972-23-8203

58.8523

DART, ROBERT C

6963-03-5838

59.2181

MULFORD, PHILIP M

6963-88-0599

59.8000

LUBOWSKY, YAKIR M

6972-24-1478

61.2740

PIRASTEH, A AHMAD

6961-89-5738

68.0901

MACKELL, THOMAS J JR

6962-74-4800

71.1995

TUFTS, MAXIMILIAN AGASSIZ JR

6973-16-0401

76.0010

DUNBAR, HENRY F

6963-98-5090

80.9930

QUEEN, WILLIAM STUART

6953-62-2204

85.2400

BILLSTONE, ARLENE M

6963-17-5108

85.4900

TUFTS, SALLY S

6963-34-9697

99.8530

CAPOLUONGO, DIANA & SILVIO

6953-81-3544

100.0000

ALBEMARLE LLC

6953-90-3468

101.6484

MOORE, ROBERT L II

6962-92-3003

104.7430

LHOMMEDIEU, ROBERT H

6964-10-4857

105.1961

STINSON, BARBARA ROGERS TRUSTEE

6953-85-6298

114.5453

MAURONER, NORMAN L

6973-00-6499

114.7500

LOMAR ENTERPRISES INC

6964-80-7970

136.8450

LENNMAN, LENNART

6973-13-2998

148.5844

GOOKIN, ELIZABETH WILLIAMS

6963-93-3432

151.4419

LANGHORNE, CHISWELL D JR

6963-75-7868

184.9875

CUMMINGS, SUSAN

6963-59-5584

186.7627

WOODBOURNE FARM INC

6963-52-7038

465.9698

QUEEN, WILLIAM STUART

6952-67-6739

614.0800

TOTAL ACREAGE

 

5010.6494

 

 ; 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 15.2-4311, (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 the District will expire on June 30, 2011 .

ATTACHMENT 2

COUNTY OF FAUQUIER

DEPARTMENT OF COMMUNITY DEVELOPMENT

BOARD OF SUPERVISORS

PUBLIC HEARING

STAFF REPORT

JUNE 16, 2003

SUBJECT:  3rd Renewal of the Springs Valley Agricultural and Forestal District

EXPIRATION DATE OF DISTRICT: January 10, 2004

APPLICANT:                                                  Renewal required to prevent expiration of District

LOCATION:                                                   The Springs Valley Agricultural and Forestal District is located in the western portion of the County and the boarders of the district are:  Route 211 to the north, the Town of Warrenton to the east, Route 802 to the south, and the Rappahannock River to the west.

PARCEL ID#:                                                  Various (See attached listings)

CURRENT AND SURROUNDING

ZONING:                                                        The surrounding zoning of the District is RA (Rural Agricultural), with the exception of those parcels which border the Villages of Turnbull and Fauquier Springs, in which case the zoning is V (Village).

MAGISTERIAL DISTRICT:                           Marshall

STAFF PLANNER:                                         Holly Meade

BACKGROUND:

The Springs Valley Fauquier Agricultural and Forestal District was originally created in 1980 and was last renewed by the Board of Supervisors for a third eight-year term in 1996.  Without this renewal, the District will expire on January 10, 2004 . The Department of Community Development is in the process of realigning the terms for Agricultural and Forestal Districts.  If renewed, this district would take effect July 1, 2003 and expire June 30, 2011 .  The District currently consists of  86 parcels and totals approximately 5,342.0693 acres of land.  

STAFF REVIEW:

The renewal of the Springs Valley Agricultural and Forestal District is contingent upon a Board of Supervisors policy which was adopted in March of 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:

In order to make the third renewal of the Springs Valley Agricultural and Forestal District come into conformance with the above referenced Board of Supervisor’s policy, the Agricultural and Forestal Advisory Committee recommends the following action for the Planning Commission to consider:

·        Recommend that all parcels listed on Attachment #A be approved for renewal into the Springs Valley Agricultural and Forestal District for another eight year term.  The Department of Community Development is in the process of realigning the terms for Agricultural and Forestal Districts.  If renewed, this district would take effect July 1, 2003 and expire June 30, 2011 .

·        Recommend that all parcels listed on Attachment #B be excluded from the renewal of the Springs Valley Agricultural and Forestal District unless written notice from the property owner stating that the parcel meets one of the criteria outlined in the Board’s March 1990 policy statement is received prior to the Board of Supervisor’s public hearing, which is tentatively scheduled for June 16, 2003.

ATTACHMENTS:

1.   Parcels Recommended for Inclusion in the 3rd renewal of the Springs Valley Agricultural and Forestal District

2.   Parcels Recommended for Removal from the 3rd renewal of the Springs Valley Agricultural and Forestal District

3.   Springs Valley Agricultural and Forestal District map