068-06ESTABLISHMENT
Action:
PLANNING COMMISSION: February 1, 2006 -Recommended approval
BOARD OF SUPERVISORS: Apri126, 2006 ~ APPROVED^ DENIED
ESTABLISHMENT OF THE
RED BUD AGRICULTURAL & FORESTAL DISTRICT
WHEREAS, a proposal to create the Red Bud Agricultural & Forestal District to consist of
834.98 acres, was considered. The properties are located along Redbud Road (Route 661), Pine
Road (Route 661), and Burnt Factory Road (Route 659), straddling Redbud Run east of Interstate 81
and north of Berryville Pike (Virginia Route 7), and are identified by Property Identification
Numbers 43-A-154, 43-A-159, 44D-2-6, 44-A-28, 44-A-28A, 44-A-28C, 44-A-28D, 44-A-28F, 44-
A-28G, 44-A-28I, 54-A-87, 54-A-88, 54-A-89C, 54-A-90, 55-A-5, 55-A-SA, 55-A-SB, 55-A-SC,
55-A-SD, 55-A-6, 55-A-7, 55-A-7A, 55-A-7B, 55-A-7C, 55-A-7D, 55-A-7E, 55-A-8, 55-A-14, 55-
A-18, 55-A-19, 55-A-20, 55-A-21, 55-A-109B, 55-A-115, 55-A-117, 55-A-118, 55-A-129, 55-A-
129A, 55-A-138, 55-A-139, 55-A-151, 55-A-151A, in the Stonewall Magisterial District. This
application was reviewed by the Agricultural District Advisory Committee (ADAC), and the
Planning Commission during their regularly scheduled meetings; and
WHEREAS, The Agricultural District Advisory Committee (ADAC) recommended
approval of this proposal on January 10, 2006; and
WHEREAS, the Planning Commission held a public hearing and recommended approval on
this proposal to establish the Red Bud Agricultural & Forestal District on February 1, 2006; and
WHEREAS, the Board of Supervisors held a public hearing on this proposal to establish the
Red Bud Agricultural & Forestal District on February 22, 2006; and
WHEREAS, the Frederick County Board of Supervisors finds the establishment of this Red
Bud Agricultural & Forestal District contributes to the conservation and preservation of agricultural
and forestal land in Frederick County;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors
as follows:
The Frederick County Board of Supervisors hereby establishes the Red Bud Agricultural &
Forestal District to consist of 834.98 acres in the Stonewall Magisterial District, with an expiration
and renewal date of May 1St, 2010. This Agricultural & Forestal District is as described on the
attached map.
PDRes. #04-06
This ordinance shall be in effect on the day of adoption.
Passed this 26th day of April, 2006 by the following recorded vote:
Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye
G W. Dove Aye Bill M. Ewing Aye
~'
Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye
Philip A. Lemieux Aye
A COPY ATTEST
~, , ~~,~.
John R! ' iley, Jr. ~^
Frederick County Administrator
PDRes. #04-06
Board Resolution No.: 068-06
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COUNTY of FREDERICK
TO: Frederick County Board of Supervisors
.~" .~.
FROM: Bernard S. Suchicital, Planner I `'-'
RE: Proposed Red Bud Agricultural & Forestal District
DATE: April 14, 2006
Staff has received a request to establish a new Agricultural & Forestal District: Red Bud. This new
District will total 879.98 acres, with an expiration and renewal date of May ls`, 2010. Both the
Agricultural District Advisory Conunittee and Pla~ming Conunission have recommended approval of
the Red Bud Agricultural & Forestal District.
Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, enables local
governments to establish Agricultural & Forestal Districts to conserve and protect agricultural and
forestal lands for production of food and other agricultural products and to provide natural and
ecological resources. The Code of Virginia requires the local governing body to establish an
Agricultural Districts Advisory Committee (ADAC) for the purpose of reviewing proposals that
establish or renew districts to ensure conformity with the provisions of Section 15.2-43000.
Ultimately, the Board of Supervisors approves, approves with modifications, or denies the proposal
to establish or renew an Agricultural & Forestal District.
In working with members of the community and the Extension Services, staff circulated forms for
the creation of an Agricultural & Forestal District to the property owners of the lower Stonewall
Magisterial District. These forms are important aspects of the Agricultural & Forestal District
Program: the program is voluntary, enabling property owners the right to participate should they be
interested.
On February 22, 2006 the proposed district was presented to the Board of Supervisors at a public
hearing. The Board sent the item to the Transportation Committee meeting, which was held on April
5, 2006, to discuss the impact of a realigned Route 37.
In addition, there is a new sewer line being installed along Burnt Factory Road that affects two
properties. The impact of this sewer line should be minimal.
107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000
Proposed Red Bud Agricultural & Forestal District
April 14, 2006
Page 2
Included with this memorandum is information pertaining to the District which includes a district
summary and property ownership information table, and a map which delineates the general
boundaries of the proposed District. The Board of Supervisors held the required public hearing on
February 22, 2006. Action requesting adoption of the agricultural and forestal district was deferred
to allow time to evaluate the location for Route 37. On April 12, 2006, the Board of Supervisors
approved a location for Route 37 which does not impede the proposed District.
Staff will present additional information regarding the application and mapping features for the
proposed District during the public meeting. Following the public meeting, a decision from the
Board of Supervisors would be appropriate.
BSS/bad
2
Proposed Red Bud Agricultural & Forestal District
The Frederick County Agricultural District Advisory Committee (ADAC) reviewed the proposed
addition to the County's two Agricultural and Forestal Districts. These districts include the South
Frederick District, established in 1980, and the Double Church Road District, established in 1995.
The Red Bud District was considered at their meeting on January 10, 2006. The ADAC recommends
approval of the request to create a new district.
Chapter 43, Section 15.2-4300 of the Code of Vir inia, 1950, as amended, enables local
governments to establish Agricultural and Forestal Districts to conserve and protect agricultural and
forestal lands for the production of food and other agricultural products and to provide natural and
ecological resources. The Code of Virginia requires the local governing body to establish an ADAC
for the purpose of reviewing proposals that establish or renew districts to ensure conformity with the
provisions of section 15.2-4300. Ultimately, the Board of Supervisors approves, approves with
modifications, or denies the proposal to establish or renew an Agricultural and Forestal District.
LOCATION
This proposed District is located in the Stonewall Magisterial District along Redbud Road (Route
661), Pine Road (Route 661), and Bunn Factory Road (Route 659}, straddling Redbud Run east of
Interstate 81 and north of Berryville Pike (Virginia Route 7).
SIZE
The proposed District contains 879.98 acres within 43 parcels, managed by 24 property owners.
AGRICULTURAL & FORESTAL SIGNIFICANCE
The predominantly agricultural operations in the new District are 75 percent agriculture (livestock,
horses, crop harvest) and 25 percent open-space/woodlands. The area within the District is rural in
nature. There are currently 619.29 acres (70%) within the District that are in the County's land use
taxation program.
LAND USE
All parcels in and surrounding the areas are in agricultural or residential use.
COMPREHENSIVE PLAN
The proposed District lies in an area that is outside the Urban Development Area and the Sewer and
Water Service Area, with exception of one (1) two-acre parcel. The area is located within the
Northeast Land Use Plan. About half of the District is designated as a Developmentally Sensitive
Area in the Northeast Land Use Plan. The remaining parcels have no land use designation, which
indicates the area should remain rural.
The intent of the Rural. Areas is to maintain agriculture as a significant portion of the County's
economy, and to maintain the rural character of areas outside of the Urban Development Area. The
Comprehensive Plan can accomplish this by promoting the inclusion of additional land in
Agricultural and Forestal Districts.
3
The Comprehensive Plan supports the establishment and renewal of the proposed District, for it
provides an opportunity for the agribusiness community to conduct long range planning efforts for
the management of their operations, while providing a reserve of agricultural land through the year
2010.
ZONING
All but two (2) parcels are currently zoned RA -Rural Areas District. The remaining two parcels
(222.03 acres) are currently zoned RP -Residential Performance District, that could have the
potential to develop approximately 88 single family homes without water and sewer. By allowing
the two RP-zoned properties into the proposed Red Bud Agricultural and Forestal District, it will
assist in hindering the process to develop this land into a more intense use. The properties to the
north and east of the proposed District are zoned R4 -Residential Planned Community District and
RA, and those to the south and west are zoned MH1 -Mobile Home Community District and RA.
LAKES/PONDS/STREAMS
The proposed District lies primarily within the Redbud Run drainage area, and partially within the
Hiatt Run drainage area. The establishment of this District will further assist with managing the
quality of the County's water resources.
SOILS
The general relief of the new District varies from a broad rolling valley, to the west of Devils
Backbone, to very steep forested land on the eastern parcels and along Redbud Run. This District is
within the Redbud Run watershed and water is available from ponds, wells and springs.
The soils in the proposed District are of many different kinds and formed in material weathered from
limestone and shale. Most of the soils, with the exception of those on the steeper slopes, are suited
to a wide variety of farm uses. These steeper slopes are mostly forested and are heavily wooded.
Most of the area is in pasture, cultivated crops and hay. A few areas are woodland.
(Attached please find a list of specific soil descriptions present in the area.)
PRIME AGRICULTURE SOIL
There are a limited amount of prime agricultural soils located within the proposed Red Bud
Agricultural & Forestal District. The following soils are: Blairton, Carbo, Frederick, Guernesy,
Massanetta. Please see attached map.
STAFF COMMENTS
Based on this information, staff feels that this proposed Red Bud Agricultural District is
agriculturally significant as outlined in the Agricultural and Forestal Districts Act. Furthermore,
creation of this District would conform to the County's Comprehensive Policy Plan which labels the
area as historic and developmentally sensitive and rural.
4
AGRICULTURAL DISTRICT ADVISORY COMMITTEE
The Agricultural District Advisory Committee considered this proposal at its meeting of January 10,
2006. Committee members voted unanimously for the recommendation of approval of this new
District.
PLANNING COMMISSION
The Planning Commission held their public hearing to consider this proposed new Red Bud
Agricultural and Forestal District at their meeting of February 1, 2006. One citizen, an adjoining
property owner along Pine Road, thought his property designation was being changed and he also
had questions on why his property was being surveyed for a sewer line. The staff explained to this
citizen that he had received a letter of notif cation because he was an adjoining property owner; the
staff explained the intent of the Agricultural & Forestal District and it was pointed out that a property
owner would have to sign up to have his property included within the District.
A Commission member questioned the significance of adding the two RP-zoned parcels to the
District, in terms of restrictions in subdivision and development. The staff explained that enlisting
property within the District is completely voluntary by the property owner; by choosing to join the
Agricultural District, property owners freeze their right to subdivide their parcel of land. Staffadded
that if the property owner wishes to subdivide, they would have to go through the process of meeting
with the Agricultural District Committee, the Planning Commission, and the Board of Supervisors to
remove their parcel of land from the District.
No other issues or concerns were raised and the Planning Commission unanimously recommended
approval of the new Red Bud Agricultural and Forestal District, containing 879.98 acres with 43
parcels, and managed by 24 property owners.
(Commissioners Thomas, Watt, Oates, and Ours were absent from the meeting.)
BOARD OF SUPERVISORS
The Board of Supervisors held their public hearing to consider this proposed new Red Bud
Agricultural and Forestal District at their meeting of February 22, 2006. Several citizens came
forward to give their support for the approval of the District.
The Chairman advised the petitioners that he was supportive of the request; however, he was
uncomfortable acting on the request until there was clarification regarding the location of Route 37.
He wanted to know how this road does or does not relate to this agricultural and forestal district. He
asked the Board to delay action. A supervisor stated that if it was the desire of the Board,
then the Transportation Committee would move on this issue.
No other issues or concerns were raised and the Board of Supervisors unanimously voted to postpone
this item for up to 60 days to allow it to be reviewed by the Transportation Committee.
5
ATTACHMENT 1-Proposed Red Bud Agricultural & Forestal District Soils
1 B -Berks channery silt loam, 2 to 7% slopes
This soil is moderately deep, gently sloping, and well drained.
Permeability of this soil is moderate, and the available water capacity is very low. Surface runoff is
medium. Erosion hazard is moderate. Tilth is fair, and natural fertility and organic matter content
are low.
This soil is fairly well suited to cultivated crops.
1C -Berks channery silt loam, 7 to 15% slopes
Same as above except steeper slopes.
3B - Blairton silt loam. 2 to 7% sloes (Prime Agricultural Soil)
This soil is moderately deep, gently sloping, and moderately well drained to somewhat poorly
drained.
Permeability of this soil is moderately slow. The available water capacity is low. Surface runoff is
medium. Erosion hazard is moderate. Tilth is fair, but the soil breaks up into clods if tilled when too
wet or too dry. Natural fertility and organic matter content are low.
This soil is moderately well suited to cultivated crops if drainage is installed.
SB -Carbo silt loam, 2 to 7% slopes (Prime Agricultural Soil)
This soil is moderately~deep, gently sloping, and well drained.
Permeability of this soil is slow, and the available water capacity is low. Surface runoff is medium.
Erosion hazard is moderate. The surface layer is friable and easily tilled when moist. Natural
fertility is medium, and organic matter content is low.
This soil is well suited to hay and pasture.
SC -Carbo silt loam, 7 to 15% slopes
Same as above except steeper slopes.
6C -Carbo-Oaklet silt loams, very rocky, 2 to 15% slopes
These soils consists of moderately deep and deep, gently sloping and strongly sloping, well drained
soils on side slopes, hilltops, and ridgetops.
Permeability of this soil is slow, and the available water capacity is moderate. Surface runoff is
medium. The erosion hazard is severe. The surface layer is breaks into clods if these soils are tilled
when too wet or too dry, and rock outcrops interfere with tillage. Natural fertility is medium, and
organic matter content is low.
These soils are moderately well suited to hay and pasture.
6
8C - Chilhowie silty clav loam 7 to 15% slopes
This moderately deep, strongly sloping soil is well drained.
Permeability of this soil is slow, and the available water capacity is low. Surface runoff is rapid.
Erosion hazard is moderate. The surface layer is friable and easily tilled when moist. Natural
fertility is high, but organic matter content is low.
This soil is well suited for hay and pasture.
9B - Clearbrook channery silt loam 2 to 7% slopes
This soil is moderately deep, gently sloping, and somewhat poorly drained.
Permeability of this soil is moderately slow. The available water capacity is very low. Surface
runoff is fair. Tilth is fair. Natural fertility and organic matter content are low.
This soil is moderately well suited to cultivated crops, hay and pasture.
9C - Clearbrook channery silt loam 7 to 15% slopes
Same as above except steeper slopes.
14B -Frederick-Poplimento loams 2 to 7% slopes (Prime Agricultural Soil)
These soils are very deep, gently sloping, and well drained on narrow to broad, convex valley sides.
Permeability is moderate in the Frederick soil and moderately slow in the Poplimento soil. The
available water capacity is moderate in both soils. Surface runoff is medium. The erosion hazard is
moderate. The surface layer is friable and easily tilled. Natural fertility is medium, and organic
matter content is low.
These soils are well suited to cultivated crops, hay and pasture.
14C -Frederick-Poplimento loams 7 to 15% sloes
Same as above except steeper slopes.
20B -Guernsey silt loam 2 to 7% sloes (Prime Agricultural Soil)
This soil is very deep, gently sloping, and moderately well drained.
Permeability of this soil is moderately slow, and the available water capacity is moderate. Surface
runoff is medium. The erosion hazard is moderate. The surface layer is friable and easily tilled
when moist, but breaks up into clods if the soil is tilled when too wet or too dry. Natural fertility is
medium, and organic matter content is moderate.
This soil is well suited to cultivated crops, hay and pasture.
7
25C - Laidi¢ very stony fine sandy loam 7 to 15% slopes
This soil is very deep, strongly sloping, and well drained.
Permeability in this soil is moderate above the fragipan and moderately slow in the fragipan. The
available water capacity is low. Surface runoff is medium. The erosion hazard is moderate. Natural
fertility and organic matter content are low.
This soil is not suited to cultivated crops, hay because of stone. The soil is well suited to pasture if
the surface is cleared of trees and stones.
29 - Massanetta loam (Prime Agricultural Soil)
This gently sloping, well drained soil has a silty clay loam surface layer and clay subsoil
Permeability of this soil is slow and the available water capacity is moderate. Tilth is fair and the
soil is medium in natural fertility. The subsoil is very plastic and has a high shrink-swell potential.
This soil has rock outcrops and is a factor in the use of this soil.
This soil has a fair potential for farming.
33E - Oneauon-Chilhowie silt lays very rocky 15 to 45% slones
This soil is moderately steep to very steep, and well drained on narrow to broad, convex valley sides.
Permeability in these soils is moderately slow, and the available water capacity is low. Surface
runoff is rapid to very rapid. The erosion hazard is severe. The silty clay surface layer is firm, and
tends to break up into clods if tilled. Rock outcrops interfere with tillage. Natural fertility is high,
and organic matter content is low.
These soils are not suited to cultivated crops, hay, or pasture.
35 - Pagebrook silty clay loam
This soil is very deep, nearly level, and moderately well drained.
Permeability of this soil is slow, and the available water capacity is moderate. Surface runoff is very
slow. The erosion hazard is slight. The surface layer can be worked only in a narrow range of
moisture content. Natural fertility is high, and organic matter content is moderate.
This soil is moderately well suited to cultivated crops and hay. This soil is well suited to pasture.
36 -Pits, quarries and dumps
This consists of open excavations from which limestone, shale, and sand have been mined and of
piles of spoil from quarries.
Areas of pits, quarries, and dumps are poorly suited to cultivated crops, hay and pasture, and to use
as woodland and as habitat for wildlife.
8
41C -Weikert-Berks channe silt loarns 7 to 15% slo es
These soils are shallow and moderately deep, strongly sloping, and well drained on rolling landscape
and on the tops and noses of ridges.
Permeability in the Weikert soil is moderately rapid and in the Berks soil is moderate. The available
water capacity is very low. Surface runoff is rapid. The erosion hazard is severe. Natural fertility
and organic matter content are low.
These soils are poorly suited to cultivated crops and hay, and are moderately well suited to pasture.
41D -Weikert-Berks channe silt loams 15 to 25% slo es
Same as above except steeper slopes.
41E -Weikert-Berks channe silt loams 25 to 65% slo es
Same as above except steeper slopes.
44C - Zoar silt loam 7 to 15% slo es
This soil is very deep, strongly sloping, and moderately well drained.
Permeability of this soil is slow, and the available water capacity is moderate. Surface runoff is
moderate. The erosion hazard is moderate. Tilth is good, but the soil breaks up into clods if tilled
when too wet or too dry. Natural fertility and organic matter content are low.
This soil is moderately well suited to cultivated crops, and is well suited to hay and pasture
ATTACHMENT 2 -Proposed Red Bud Agricultural & Forestal District Parcels
Map # Property Owner Acreage
43 A 154 Shenandoah Valley Battlefield Foundation 36.27
43 A 159 Jenkins, Jeffery G. 8 Roseanna M. 2.00
44D 2 6 Willis, Charles I. 2.37
44 A 28 Werdebaugh, Donna W. & Donald M. 8.72
44 A 28A Jobe, Allen B. & Velda D. 20.46
44 A 28C Boden, Robert R. & Marsha 4.30
44 A 28D Boden, Robert R. & Marsha 5.00
44 A 28F Kugler, Standish P. & Janet E. 9.85
44 A 28G Jobe, Allen B. & Velda D. 5.00
44 A 281 Miller, Voight G. & Bonnie L. 8.00
54 A 87 Britz, William D. & Claudia J. 20.00
54 A 88 Preservation of Civil War Battlefields 181.03
54 A 89C Shenandoah Valley Battlefield Foundation 100.00
54 A 90 Preservation of Civil War Battlefields 41.00
55 A 5 Herring, Kevin L. 33.43
55 A 5A Herring, Stacy A. 3.56
55 A 56 Herring, Vera J. 1.00
55 A 5C Herring, Stacy A. 17.01
55 A 5D Herring, Kevin L. 1.21
55 A 6 Hulver, Joseph F. T. 24.04
55 A 7 Oates, Gary K. & Constance J. 13.48
55 A 7A Oates, Gary K. & Constance J. 9.37
55 A 7B Oates, Gary K. & Constance J. 7.49
55 A 7C Oates, Gary K. & Constance J. 5.00
55 A 7D Oates, Gary K. & Constance J. 5.00
55 A 7E Oates, Gary K. & Constance J. 5.02
55 A 8 Schwartzman, Bernard 25.09
55 A 14 Lam, Ernest L. 2.00
55 A 18 Seipel, Wayne D. & Stephanie P. 12.00
55 A 19 Seipel, Wayne D. & Stephanie P. 22.00
55 A 20 Seipel, Wayne D. & Stephanie P, 10.86
55 A 21 Seipel, Wayne D. & Stephanie P. 58.50
55 A 1096 Jenkins, Jeffery G. &Roseanna M. 8.82
55 A 115 Pine Knoll Construction 1.75
55 A 117 Jenkins, Jeffery G. &Roseanna M. 4.33
55 A 118 McNeil, Debra J. & Dawn M. Stultz 1.13
55 A 129 Childress, Nathan & Diana 33.08
55 A 129A Gregg, David M. & A. Katherine 33.00
55 A 138 Orndoff, Stephanie M. Sempeles 21.50
55 A 139 Orndoff, Stephanie M. Sempeles 7.31
55 A 151 McAllister, John E. & June P. 19.00
55 A 151A McAllister, John E. & June P. 5.00
55 A 152 McAllister, John E. & June P. 45.00
10