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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 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): Andrew and Elizabeth Stone
6926-08-7582-000
28.14 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 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:
Andrew and Elizabeth Stone PARCEL ID#:
6926-08-7582
28.14 acres LOCATION:
The subject parcel is located on the southwest side of Route 735, CURRENT ZONING:
RA (Rural Agriculture) SURROUNDING ZONING:
North: RA
South: RA
East: RA
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 28.14 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. STAFF REVIEW: Review
of the parcel indicates the site is mostly open with gently rolling
terrain and some floodplain. The
majority of the soil types consist of prime pasture land. The subject
property was discovered to have the following soil types: ·
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 ver deep, well drained, strong brown
fine-silty soils (Purcellville) on moderately steep backslopes; 0.1 – 2%
rock outcrop; develops in residuum from granite, schist and gneiss PLANNING COMMISSION AND AGRICULTURAL AND
FORESTAL ADVISORY COMMITTEE RECOMMENDATION: 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 recommend approval with the following
condition: ·
If the 28.14 acre parcel is subdivided or boundary
adjusted, any newly created parcel below 25 acres shall be removed from
the district. ATTACHMENTS 2.
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