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History
of the District
The Orlean/Hume
Agricultural and Forestal District was created in 1981. At
the time of its inception, 59 parcels totaling 7,309 acres
were included in the District. The District has been renewed
twice, in 1988 and 1996. The district now consists of 98
parcels totaling 7,823 acres. On January 20, 2005, the
District expires.
Renewal
Process
The Code of
Virginia establishes procedures for the review and renewal
of local agricultural and forestal districts. The renewal
process is intended to provide the local jurisdiction with
an opportunity to re-evaluate the agricultural and forestal
significance of the land remaining in the district, and to
change or add conditions to the parcels in the district.
The renewal process also provides landowners in the district
an opportunity to re-evaluate their participation in the
district; any landowner may withdraw their parcel from the
district during the renewal process by written request.
Fauquier
County sent letters to all owners of property in the
district notifying them of the renewal process and their
options relative to the renewal. Property owners may
continue to make requests for withdrawals and additions up
to the time the Board of Supervisors acts on the renewal.
Withdrawals
Pursuant to
the Code of Virginia, any landowner with property in the
district may withdraw their land during the renewal process
by submitting a written request for withdrawal. As of
December 3, 2004, four parcels with a total of 383.92 acres
have been withdrawn by the owners.
In 1990,
the Board of Supervisors adopted a policy stating that
parcels less than 25 acres in size will not be permitted
within an agricultural and forestal district unless the
parcel is under an open space easement, or the parcel is
part of a working farm totaling more than 25 acres which are
included within the agricultural and forestal district.
Therefore, any parcel less than 25 acres will be
automatically removed from the district during the renewal
process unless a landowner specifically requests that the
parcel remain in the district and demonstrates compliance
with the Board’s 1990 policy. At the direction of the
Agricultural and Forestal Committee, staff has asked the
owners of these smaller parcels requesting to specifically
confirm that they are either part of a working farm over 25
acres in the district or under open space easement.
There are
17 parcels in the current district that are less than 25
acres. Of these 17 parcels, 5 are being removed since no
request has been made by the owner for inclusion. The
owners of the remaining 12 parcels have asked to be included
in the renewed district; however, of these, staff has not
included the following parcel in the list of parcels to be
renewed because the owner has not demonstrated compliance
with the 1990 Board of Supervisor’s policy:
PIN#
Owners Acres
1.
6945-20-8528 John D. & Debra J. Jeniec
7.59 acres
This parcel
is not part of a working farm nor is it under an open space
easement.
Additions
The Code of
Virginia also allows additions to be made to the district
during the renewal process up until Board action on the
renewal. As of December 3, 2004, the following requests
for additions have been received:
PIN#
Owners
Acres
1.
6927-57-7016 Gretchen
Yahn 50.0 acres
2.
6927-56-8482 Gretchen Yahn
5.0 acres
3.
6935-69-5415 Jerome & Marjorie Prochaska 5.25
acres
The
application materials for these parcels are attached.
Staff has
recommended inclusion of the larger Yahn parcel in the
district. It is located on Leeds Manor Road; harvesting of
hay and some timber clearing are done on the parcel. The
smaller parcel is a recent division intended as a home site
for a family member and is not recommended for inclusion as
it does not meet the Board’s policy for parcels under 25
acres.
Staff has
recommended inclusion of the Prochaska parcel. Although it
is less than 25 acres, the parcel does meet the Board’s
policy for smaller parcel. The parcel is located off John
Barton Payne Road; harvesting of corn, soybeans and hay
takes place on this parcel, as part of a larger farm which
is already in the district.
Existing
Conditions
The Board
may place conditions on the renewal of any district.
Currently, all parcels in the Orlean/Hume Agricultural and
Forestal District are subject to the following conditions:
1. That
pursuant to Title 15.1, Chapter 36. Section 15.1-1512(b) 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 in this
Ordinance shall require a special exception, except
that farming uses and single family
dwellings on a legally recorded parcel of record shall
be permitted by right.
b.
Subdivisions of land as defined in Article 2-39 of the
Fauquier County Subdivision
Ordinance are not permitted.
c.
No special exception 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 Section 58.1-3229 and 58.1-3244 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 15.1-1511(e) 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 15.1-1511 (e) of the Code of
Virginia.
In
addition, recent additions to the district have had these
additional conditions placed on them:
1.
If a parcel is sold, it is to be withdrawn from the
District.
2.
If a parcel smaller than 25 acres is sold, it is to
be withdrawn from the District
3.
If a parcel is sold, divided or boundary adjusted to
below 25 acres, it is to be withdrawn from the District.
Agricultural and Forestal Advisory Committee and Planning
Review
The
Agricultural and Forestal Advisory Board and the Planning
Commission have both met to review this renewal and
application for addition to 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 recommended
that the district be renewed subject to the conditions
recommended by staff. The Committee asked staff to follow up
with additional review of parcels less than 25 acres, to
ensure that owners of such parcels meet the criteria
established by the Board of Supervisors in 1990. Staff has
carefully reviewed the smaller parcels recommended for
inclusion to ensure they do meet the policy.
Staff
Recommended Conditions:
The staff
recommended conditions are incorporated into the
attached Ordinance.
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