AGENDA REQUEST

Owners/Applicants:

Board of Supervisors Meeting Date:

 

Kirk M. Lucas, Owner/Applicant

 

July 19, 2004

Staff Lead:

Department:

 

Kimberley Johnson, Zoning Administrator

 

 

Community Development

 

Magisterial District:

PIN:

 

Scott

 

 

6985-98-2842-000

Topic:

 

An Ordinance to Approve or a Resolution to Deny the 13th Addition to Marshall/Warrenton Agricultural and Forestal District

 

Topic Description:

 

History of the District

 

The Marshall/Warrenton Agricultural and Forestal District was originally created in 1981 and is currently due to expire on January 20, 2005. If approved, this addition would expire and then become eligible for renewal with the remainder of the District. The Marshall/Warrenton Agricultural and Forestal District currently contains 189 parcels comprising approximately 141,169 acres.

 

Property

 

The applicant has requested that one parcel totaling 70.06 acres be added to the District. The parcel is not a working farm, but portions of the site are wooded and open. Review of the parcel indicates that the site is partially wooded with fairly level terrain. There are no buildings currently located on the property. The majority of the soil types consist of cropland. The property is located along Blackwell Road (Route 672) and is zoned Rural Agriculture. A 15- acre portion of the site was approved in 2002 for a golf practice facility. The County is currently processing a site plan for that facility, a commercial enterprise that would provide private instruction of individuals and groups not to exceed 12 people at a time. The golf facility includes practice tees, fairways and target greens on that portion of the property.

 

The Board of Supervisors met on May 17, 2004 and June 21, 2004 to vote on this addition, but postponed the decision so that they could visit the property and determine its eligibility for the Agricultural and Forestal District.

 

 

Standards

 

The Code of Virginia, Section 15.2-4306, establishes the following factors to be considered in evaluating an application for an agricultural and forestal district:

 

1.      The agricultural and forestal significance of land within the District or addition and in areas adjacent thereto;

 

2.      The presence of any significant agricultural lands or significant forestal lands within the District and in areas adjacent thereto that are not now in active agricultural or forestal production;

 

3.      The nature and extent of land uses other than active farming or forestry within the District and in areas adjacent thereto;

 

4.      Local development patterns and needs;

 

5.      The comprehensive plan and, if applicable, the zoning regulations;

 

6.      The environmental benefits of retaining the lands in the District for agricultural and forestal uses; and

 

7.      Any other matter which may be relevant.

 

Agricultural and Forestal Advisory Board and Planning Commission Review

 

The Agricultural and Forestal Advisory Board and the Planning Commission have both met to review this application. These bodies are charged with advising the Board of Supervisors regarding the potential impacts of additions/withdrawals to Agricultural and Forestal Districts.

 

The Agricultural and Forestal Advisory Board and the Planning Commission recommended that the Board of Supervisors deny this request; both felt that the use of a portion of this property for a commercial golf facility is in conflict with the purpose of the District. The remainder of the parcel being used for the golf facility is not being used for agricultural and forestal purposes. Concerns also arose that this property is in the midst of a residentially developed area, rather than an agricultural area.

 

 

Requested Action of the Board of Supervisors:

 

Consider adoption of the attached Ordinance for approval or the resolution for denial.

 

 

Financial Impact Analysis:

The Code of Virginia Article 15.2-4312, Effects of Districts, states that “land lying within a district and used in agricultural or forestal production shall automatically qualify for an agricultural or forestal use-value assessment pursuant to Article 4 of Chapter 32 of Title 58.1 if the requirements for such assessment contained therein are satisfied.” This property is currently in the land use program.

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 Ordinance
  2. Copy of Resolution
  3. Copy of Application
  4. Fauquier County GIS Map of Property
  5. Soil Types Information