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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property be withdrawn from the open space agreement due to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.
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