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051-13ADDITIONS Action: PLANNING COMMISSION: May 1, 2013 - Recommended Approval BOARD OF SUPERVISORS: May 8, 2013 DAPPROVED❑ DENIED ADDITIONS TO THE SOUTH TIMBER RIDGE AGRICULTURAL & FORESTAL DISTRICT WHEREAS, a proposal to increase the South Timber Ridge Agricultural & Forestal District by 268 acres, was considered. The properties are located in. the Gainesboro Magisterial District along Hollow Road (Route 707) to the north, Muse Road (Route 610) and Gold Orchard Road (Route 708) to the east, and are identified by Property Identification Numbers 37 -A -72 and 37 -A -73. 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 March 18, 2013; and WHEREAS, the Planning Commission held a public hearing and recommended approval on this proposal to increase the South Timber Ridge Agricultural & Forestal District on May 1, 2013; and WHEREAS, the Board of Supervisors held a public hearing on this proposal to increase the South Timber Ridge Agricultural & Forestal District on May 8, 2013; and WHEREAS, the Frederick County Board of Supervisors finds the addition to the South Timber Ridge 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 increases the South Timber Ridge Agricultural & Forestal District by 268, to total 883 acres in the Gainesboro Magisterial District, with an expiration and renewal date of May 1", 2015. This Agricultural & Forestal District is as described on the attached map. PDRes. 908 -13 This ordinance shall be in effect on the day of adoption. Passed this 8th day of May, 2013 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Robert A. Hess Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. A y e Christopher E. Collins Aye A COPY ATTEST John R , J Freder County Administrator PDRes. #08 -13 BOS Res. #051 -13 Ag & Forestal Districts DISTRICT Apple Pie Ridge Albin South Timber Ridge South Frederick District Double Church Dislrict Red laud Sewer and Water Service Area 0 Parcels Streets r �? Z A Note: Frederick Couniy Dept of South Timber Ridge Agr icultural Planning & Development and Forestal District Addition 107 N Kent St suite 202 Winchester, VA 22601 37 -A- 72,37 -A -73 540- 665 -5651 Map Created: March 07, 2013 Staff: cheran 0 950 1,900 3,800 Feet of FREDERICK --- ­V1 VU.o.-VJy, MEMORANDUM TO: FROM: RE: DATE: Frederick County Board of Supervisors Mark R Cheran, Zoning Administrator//' °�� Public Hearing: Increase to the South Timber Ridge Agricultural and Forestal District May 2, 2013 Chapter 43, Section 15.2 -4300 of the Code of Vir inia, 1950, as amended, requires that any request to create or add to an Agricultural and Forestal District be reviewed by the local government. Furthermore, the Code of Virginia requires the local governing body to establish an Agricultural District Advisory Committee for the purpose of reviewing proposals that establish a district or additions to a district, 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. The Agricultural District Advisory Committee (ADAC) met on March l 8, 2013, and unanimously recommended the increase to the South Timber Ridge Agricultural and Forestal District. This proposed increase to the district contains 268 + /- acres within two parcels. The property is located in the Gainesboro Magisterial District, along Hollow Road (Route 707) to the north, Muse Road (Route 610) and Gold Orchard Road (Route 708) to the east. The Planning Commission held a public hearing on May 1, 2013. There were no public comments. No issues were raised by the Commission and they unanimously voted to recommend approval of the increase in acreage to the South Timber Ridge Agricultural and Forestal District. (Note: Commissioners Triplett, Mohn, and Madagan were absent from the meeting; Commissioners Oates and Kenney abstained from discussion and voting.) MRC /rsa 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 Proposed Addition to the South 'Timber Ridge Agricultural and Forestal District Chapter 43, Section 15.2 -4300 of the Code of Virginia, 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 Iocal 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 The district is located in the Gainesboro Magisterial District along Hollow Road (Route 707) to the north, Muse Road (Route 610) and Gold Orchard Road (Route 708) to the east. SIZE The district currently contains 615 + /- acres within 13 parcels, managed by one (1) property owner. The proposed addition will be two (2) parcels containing 162 + /- acres and 106 +/- acres, for total acreage of 268 + /- acres. If this addition is approved, the resulting district will contain 15 parcels and 883 + /- acres, to be managed by the same property owner. AGRICULTURAL. & FORESTAL SIGNIFICANCE The predominantly agricultural operations in the new district are 90 percent agriculture (orchard, and crop harvesting) and 10 percent open - space /woodlands. The area within the district is rural in nature. LAND USE The two (2) proposed parcels are in agricultural or residential use. COMPREHENSIVE PLAN The 2030 Com rp ehensive Policy Plan of Frederick County provides guidance when considering land use actions. The location of the proposed addition to the district lies outside the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA), and is not part of any land use plan or study by the County. The land use within this proposed addition to the district is residential and agricultural. The current land use should remain in its present land use of pristine condition with land use of orchards, agricultural, and residential. ZONING The proposed parcels are currently zoned RA (Rural Areas) Zoning District. The surrounding properties are zoned: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) LAKES/PONDS /STREAMS The proposed addition to the district lies primarily within the Back Creek drainage area. The establishment of this district will further assist with managing the quality of the County's water 10104I?S111Z-Rl SOILS The general relief of the addition to the district varies from rolling hills to ridges to the north, west, south and east. This district lies within the Back Creek watershed and water is available from ponds, wells and springs. PRIME AGRICULTURE SOIL The largest amount of prime agricultural soils located within the South Timber Ridge Agricultural and Forestal District is Weikert- Berks- Blairton STAFF COMMENTS The 2030 Comprehensive Policy Plan of Frederick Count indicates the area of the County where this proposed addition is not part of any land use plan or study. The proposed addition is located outside the UDA and SWSA, and is to remain rural in nature and protected from any future development. 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 its UDA. The addition of these two (2) parcels to the South Timber Ridge Agricultural and Forestal District is agriculturally significant as outlined in the Agricultural and Forestal Districts Act. STAFF CONCLUSIONS The proposed addition to the district meets the intent of Chapter 43, Section 15.2 -4300 of the Code of Virginia 1950, as amended that enables local governments to establish Agricultural and Forestal Districts to conserve and protect agricultural and forestal land. The Code of Virginia sets out criteria for evaluating Agricultural and Forestal District applications. One of the criteria is that the application should be evaluated in conjunction with the Comprehensive Plan of the locality. The Comprehensive Plan and this proposed addition 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 2015. Therefore, staff would recommend that this proposed addition of two (2) parcels containing 268 acres to be included within the South Timber Ridge Agricultural and Forestal District. This additional acreage will increase the district from 615 acres to 883 acres. The Agricultural District Advisory Committee, at its meetinz on March 18, 2013, unanimously approved the addition to the South Timber Ridge Agricultural and Forestal District The Planning Commission at its meeting on May 1 2013 unanimously approved the addition to the South Timber Ridge Amrkultural and Forestal District. 2