Board of Supervisors Meeting Date:


David R. & Georgia K. Buckwalter



December 8, 2005


Staff Lead:




Kimberley Johnson, Zoning Administrator

Community Development


Magisterial District:




6888-71-9633, 6888-62-0664




Request to Terminate an Open Space Use Agreement, Buckwalter Property 


Topic Description:


Background Information


The Buckwalters entered into an Open Space Agreement on March 31, 2004. Under the terms of this agreement, the County determined that the property should be preserved, and the owners agreed to preserve and protect the open space uses of the property for a term of eight years. In exchange for the property to be taxed under land use assessment, the Buckwalters agreed to uphold restrictions on their property, which included no construction of fences and screens, no removal of vegetation, no industrial or commercial activities to be conducted on the property, and no subdivision of the land.


Withdrawal of land from an Open Space Agreement


Item 11 of this Open Space Agreement states that “this Agreement may be terminated in the manner provided in Section 15.1-1513 of the Code of Virginia for withdrawal of land from an agricultural, a forestal or an agricultural and forestal district.” Mr. and Mrs. Buckwalter requested that the property be withdrawn from the open space agreement due to financial constraints and changes in the use of the adjoining property. The adjoining parcel south of the Buckwalter’s property is currently undergoing preliminary plat review with the County (Powe Subdivision).  The Board of Supervisors adopted a Resolution on December 9, 2004 that the request to terminate this agreement be referred to the Agricultural and Forestal Advisory Committee and Planning Commission for their recommendations prior to the Board of Supervisors holding a public hearing on this matter.



Agricultural and Forestal Advisory Committee and Planning Commission Review


The Agricultural and Forestal Advisory Committee met on March 9, 2005 to review this request to withdraw land from an open space agreement. The Advisory Committee is charged with providing input to the Board of Supervisors regarding open space agreements. The Advisory Committee made a recommendation that the agreement be maintained, but that the Board of Supervisors should consider negotiating the terms of the agreement as necessary to facilitate the operation of the farm.


Planning Commission History


The Planning Commission met on April 26, 2005 to review this request, closed the public hearing and postponed voting on the request for up to 30 days. The Planning Commission requested that Mr. Buckwalter provide some additional documentation to Staff to support his claim of financial hardship.  Mr. Buckwalter subsequently requested several deferrals of the issue, and provided additional information by letter dated September 12, 2005.  On September 29, 2005, the Planning Commission unanimously voted to forward a recommendation of denial to the Board of Supervisors.



Requested Action of the Board of Supervisors:


Conduct a public hearing and consider the attached resolutions to either approve or deny the request to terminate this Open Space Use Agreement.


Financial Impact Analysis:





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

Board of Supervisors

Commissioner of the Revenue





1.      Copy of Resolution authorizing termination of the Open Space Use Agreement

2.      Copy of Resolution denying termination of the Open Space Use Agreement

3.      Application to terminate Open Space Agreement

4.      Copy of Resolution dated December 9, 2004

5.      Copy of Open Space Agreement