PUBLIC HEARING AGENDA REQUEST

Owners/Applicants:

Board of Supervisors Meeting Date: 

Frederick W. Okie, Jr.; Pauline Okie Walker; Katherine Walker Bantleton; Elizabeth Walker Mecke; and St. Clair Okie Oliver (Owners)

 

July 13, 2006

Staff Lead:

Department: 

Kimberley Johnson, Zoning Administrator

Community Development

Magisterial District:

PIN:

Marshall

6949-17-9271-000

Topic: 

An Ordinance to Approve the 8th Addition to the Cobbler Mountain Agricultural and Forestal District

 

Topic Description:

The applicants are requesting one parcel totaling 86.53 acres be added to the Cobbler Mountain Agricultural and Forestal District. 

 

Requested Action of the Board of Supervisors: 

Conduct a public hearing and consider adoption of the attached Ordinance.

Financial Impacts Analysis:

None conducted

Agricultural and Forestal District Advisory Committee and Planning Commission Recommendation:

The Agricultural and Forestal District Advisory Committee and Planning Commission have both met to review this renewal of the District.  These bodies are charged with advising the Board of Supervisors regarding the renewal of and additions to agricultural and forestal districts.  The Committee and Planning Commission unanimously recommended to approve the addition, subject to the standard conditions.

 

Staff Analysis:

 

 Overview

Each year, landowners may file by February 1st to create a new Agricultural and Forestal District or to add parcels to any existing Agricultural and Forestal District and the Board considers these applications for new districts and additions. 

The Cobbler Mountain Agricultural and Forestal District currently contains 28 parcels totaling 2,284.80 acres and will run until June 30, 2014.

Criteria for Evaluating Applications

The Code of Virginia also establishes standards to be considered in determining whether or not to include land in an agricultural and forestal district.  These broad standards include:

  • The agricultural and forestal significance of the land and adjacent land;
  • The presence of any significant agricultural or forestal lands within the district or adjacent areas that are not now in active agricultural or forestal production;
  • The nature and extent of land uses other than active farming or forestry within the district and in adjacent areas;
  • Local development patterns and needs;
  • The comprehensive plan and, if applicable, the zoning regulations;
  • The environmental benefits of retaining the lands in agricultural and forestal uses; and
  • Any other relevant matters.

The Code further states that “in judging the agricultural and forestal significance of land . . . soil, climate, topography, other natural factors, markets for agricultural and forestal products, the extent and nature of farm structures, the present status of agriculture and forestry, anticipated trends in agricultural economic conditions and such other factors as may be relevant” may be considered.

Property

The applicants have requested that one parcel totaling 86.53 acres be added to the District.  The property is located on Ramey Road in Marshall and is currently zoned RC-Rural Conservation and RA-Rural Agriculture.  The applicants have indicated that the parcel is rented to other farmers as pasture.

Overview of Property

This parcel was the 4th Addition to the District in 1998.  During the renewal process in 2005, the owners requested to be removed from the District.  The property expired from the District on March 6, 2006.  

The property is almost entirely wooded, with no structures   The Commissioner of Revenue shows the property has been in land use since at least the year 2000.  The Fauquier County Soil Survey shows the property to predominately have the following soil types:  

Soil Type

Soil Name

Characteristics

Potential

Agricultural Uses

221E

Pigeonroost –

Rock-Outcrop

complex

Moderately deep, well drained, dark yellowish-brown loamy soils on steep backslopes of the Blue Ridge; very high potential for erosion; very poor development potential or not suited

Not Suited

121D

Pigeonroost – Edneytown complex, very stony

Moderately deep (Pigeonroost) and very deep (Edneytown), well drained, yellowish-brown loamy soils on moderately steep backslopes of the Blue Ridge; high potential for erosion; poor to marginal development potential

Secondary Pasture

18D

Tankerville loam, very rocky

Moderately deep, well drained, strong brown, coarse-loamy soils on moderately steep backslopes; high potential for erosion; poor development potential

Secondary Pasture

 

Staff Recommendation

Staff recommends the parcel be added to the District subject to the standard conditions listed below:

1.      That pursuant to Title 15.2, Chapter 43, Section 15.2-4312 of the Code of Virginia (1950), as amended, the Fauquier County Zoning Ordinance shall apply except as modified below. These 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 listed shall require a special exception permit except for agricultural or forestal production and construction of dwellings for persons who earn a substantial part of their livelihood from a farm operation on the property or for members of their immediate family.

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

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

           

2.      That these parcels shall qualify for land use value assessment provided that the parcels meet the criteria of Article 4 of Section 58.1-3229 et seq. of Chapter 32 of Title 58.1 of the Code of Virginia.

3.      That the owners of land within the District shall not terminate the District except as provided for in Section 15.2-4314 of the Code of Virginia.

4.      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 15.2-4311 of the Code of Virginia.

5.      If any portion of a parcel less than 25 acres is sold, boundary line adjusted or divided then the entire parcel shall automatically be removed from the District.

6.      If any portion of a parcel greater than 25 acres is sold, boundary line adjusted or divided to below 25 acres then the portion less than 25 acres shall automatically be removed from the District.

 

Identify any other Departments, Organizations or Individuals that would be affected by this request:

Commissioner of the Revenue
Agricultural Development Office

Attachments:

1.                  Copy of Application

2.                  Fauquier County GIS Map of District

 

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