PUBLIC HEARING AGENDA REQUEST

Owners/Applicants:

 Board of Supervisors Meeting Date:

L. Parker & Adele V. Harrell, Trustees & Others/
Stonewall Country Farm Limited Partnership
Blackrock I, LP

August 14, 2008

Staff Lead:

Department:

Kimberley Johnson, Zoning Administrator

 

 Community Development

 

Magisterial District:

PIN:

Marshall

 

 5998-79-5503; 5998-78-9965;
& 5999-53-8217

Topic:

An Ordinance to Approve the 5th Addition to the Fiery Run Agricultural and Forestal District

 

Topic Description:

The applicants are requesting thirteen parcels totaling 555.4559 acres be added to the Fiery Run Agricultural and Forestal District. 

 

Requested Action of the Board of Supervisors:

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

 

Agricultural and Forestal District Advisory Committee and Planning Commission Recommendation:

The Agricultural and Forestal District Advisory Committee and the Planning Commission unanimously recommended forwarding the Harrell/Stonewall item to the Board of Supervisors with a recommendation of approval provided the Boundary Line Adjustment Plat is recorded prior to acceptance.  The Blackrock I, LP, application was received after the Agricultural and Forestal District Advisory Committee and the Planning Commission meetings were held.

 

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 Agricultural and Forestal Advisory Committee, as well as the Planning Commission, are charged under the Code with providing advice to the Board of Supervisors relative to these decisions.

The Fiery Run Agricultural and Forestal District currently contains 29 parcels totaling 3,143.51 acres and will run until June 30, 2015.

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.

On March 8, 2007, the Board of Supervisors revised the policy on parcels 25 acres or smaller in agricultural and forestal districts.  The current policy conditions are:

1.    No parcel less than 5 acres in size shall be added to an agricultural and forestal district. 

2.    Parcels from 5 acres to 25 acres in size may be included in the agricultural and forestal district, provided that:

a.       The parcel is under a perpetual conservation or open space easement held for public benefit.

      or

b.      The parcel is under the same or family ownership as other parcels which together comprise a contiguous tract of at least 25 acres.  Such groups of parcels shall be evaluated for inclusion in the District under the same criteria established for parcels 25 acres or greater in size.

Harrell-Stonewall Property

The applicants have requested that two parcels totaling 91.7959 acres be added to the District.  The property is located on Hume Road in Hume, Virginia.  The applicants have indicated that the properties are not a working farm but used as open space. 

The County approved the Boundary Line Adjustment application submitted on January 31, 2008, for the subject properties (see Attachment).  The boundary line adjustment created two parcels containing 61.6484 acres and 30.1475 acres.  As of the date of this report, the plat has not been recorded. 

The applicants submitted an application to the Commissioner of Revenue requesting the 82.3953 acres be placed under a Board of Supervisors’ Open Space Use Agreement.  The agreement was approved by the Board on June 12, 2008.

Overview of Property

The larger 82.3953-acre parcel is almost entirely open space (approximately 60.40 acres) with the remaining acreage being wooded.  Multiple ponds are also located on the property.  The Commissioner of Revenue records show that the larger parcel is improved with one home and one shelter.  The Fauquier County Soil Survey shows the property to predominantly have the following soil types:

Soil Type

Soil Name

Characteristics

Potential

Agricultural Uses

121E

Pigeonroost loam, very stony

Moderately deep, well drained, yellowish-brown loamy soils on steep backslopes of the Blue Ridge; not suited for development

Not Suited

18D

Tankerville loam, very rocky

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

Secondary Pasture

20C

Tankerville – Purcellville complex, rocky

Moderately deep, well drained, strong brown coarse-loamy soils (Tankerville) and very deep, well drained, strong brown fine-silty soils (Purcellville) on rolling summits and strongly sloping backslopes; marginal development potential

Prime Pasture


 

20D

Tankerville – Purcellville complex, rocky

Moderately deep, well drained, strong brown coarse-loamy soils (Tankerville) and very deep, well drained, strong brown fine-silty soils (Purcellville) on moderately steep backslopes; poor development potential

Prime Pasture

28C

Fauquier and Eubanks soils

Very deep, well drained, red clayey soils (Fauquier) and/or very deep, well drained, red loamy soils (Eubanks) on rolling summits and strongly sloping backslopes; marginal development potential

Secondary Cropland

The smaller 9.4006-acre parcel is mostly open space with a 2.0-acre pond located on the northern part of the parcel.  The Commissioner of Revenue records show that the parcel is improved with one dwelling.  The Fauquier County Soil Survey shows the property to predominately have the following soil types:

Soil Type

Soil Name

Characteristics

Potential

Agricultural Uses

18D

Tankerville loam, very rocky

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

Secondary Pasture

20C

Tankerville – Purcellville complex, rocky

Moderately deep, well drained, strong brown coarse-loamy soils (Tankerville) and very deep, well drained, strong brown fine-silty soils (Purcellville) on rolling summits and strongly sloping backslopes; marginal development potential

Prime Pasture

 

Blackrock I Property

The applicant has requested that the remaining 463.66 acres contained in 11 (eleven) lots recently divided as large lots from PIN #5998-53-8217-000 (see Attachment) be added to the District.  This acreage was part of a 726.66-acre parcel of which 263 acres are currently in the Fiery Run Agricultural and Forestal District.  The property is located on Hume Road in Hume, Virginia.  The applicants have indicated that the properties are not a working farm but used as open space. 

Overview of Property

The lots are almost entirely wooded (approximately 350.00 acres) with the remaining acreage being open.  The Fauquier County Soil Survey shows the property to predominantly have the following soil types:

Soil Type

Soil Name

Characteristics

Potential

Agricultural Uses

121E

Pigeonroost loam, very stony

Moderately deep, well drained, yellowish-brown loamy soils on steep backslopes of the Blue Ridge; not suited for development

Not Suited

121D

Pegeonroost – 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; marginal development potential

Secondary Pasture

87C

Tate loam

Very deep, well drained, dark yellowish brown soils on footslopes and benches; marginal development potential

Prime Pasture

Staff Recommendation

The parcels are surrounded by parcels located in the Fiery Run District and allowing the parcels in the District would be in accordance with the County’s policy on preserving agricultural and forestal lands.  Therefore, staff recommends including the parcels in the District provided the Harrell-Stonewall Boundary Line Adjustment Plat is recorded prior to that item’s acceptance.

If the Board recommends the parcels be included in the District, staff recommends that they be subject to the standard conditions.

 

Financial Impact Analysis:

No financial impact analysis has been conducted.

 

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

Commissioner of Revenue
GIS
State Forester
Commissioner of Agriculture and Consumer Services

ATTACHMENTS:

1.      Copy of Applications

2.      Fauquier County GIS Map of Properties

3.      Ordinance to Approve

4.      Resolution to Deny

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