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Home My WebLink About052-13ESTABLISHMENT Action: PLANNING COMMISSION: May 1, 2013 - Recommended Approval BOARD OF SUPERVISORS: May 8, 2013 DAPPROVEDU DENIED ESTABLISHMENT OF THE NORTH OPEQUON AGRICULTURAL & FORESTAL DISTRICT WHEREAS, a proposal to create the North Opequon Agricultural & Forestal District to consist of 400.186 acres, was considered. The properties are located in the Stonewall Magisterial District straddling Old Charles Town Road (Route 76 1) to the north and south, the Opequon Creep to the east and Slate Lane to the west, and are identified by Property Identification Numbers 45 -A- 10V, 45 -A -I0W, 45 -A -30, 45 -A -31, and 45 -A -32. 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 establish the North Opequon Agricultural & Forestal District on May 1, 2013; and WHEREAS, the Board of Supervisors held a public hearing on this proposal to establish the North Opequon Agricultural & Forestal District on May 8, 2013; and WHEREAS, the Frederick County Board of Supervisors finds the establishment of the North Opequon 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 North Opequon Agricultural & Forestal District to consist of 400.186 acres in the Stonewall Magisterial District, with an expiration and renewal date of May 1", 2015. This Agricultural & Forestal District is as described on the attached map. PDRes. 409 -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 A y e Bill M. Ewing Aye Charles S. DeHaven, Jr. Ave Aye Robert A. Hess Gene E. Fisher Christopher E. Collins Aye Aye A COPS' AT EST John R. ' ey, Frederick County Administrator PDRes. 909 -13 BOS Res. #052 --13 Note: North Opequon Agricultural Frederick County Dept of and Forestal District Planning Development 107 N Kent St 45 A 30, 45 A - 31, Suite 202 45 - A - 32, Winchester, VA 22601 45 - A - l 0v, 45 - A - 10w 540 - 665 - 5651 Map Created: March 07, 2013 Staff: cheran 0 800 1.600 1 200 Fawt Albin South Timber Ridge .: South Frederick District Double Church District Red laud Sewer and Water Service Area Q Parcels Atrc etc Note: North Opequon Agricultural Frederick County Dept of and Forestal District Planning Development 107 N Kent St 45 A 30, 45 A - 31, Suite 202 45 - A - 32, Winchester, VA 22601 45 - A - l 0v, 45 - A - 10w 540 - 665 - 5651 Map Created: March 07, 2013 Staff: cheran 0 800 1.600 1 200 Fawt COUNTY of FREDERICK Department of Planning and Development 5401 665 -5651 FAX: 5401665 -6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Mark R Cheran, Zoning Administrator, ?,,%�— RE: Public Hearing: Creation of the North Opequon Agricultural and Forestal District DATE: May 2, 2013 Chapter 43, Section 15.2 -4300 of the Code of Virginia 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 18, 2013, and unanimously recommended the creation of a new Agricultural and Forestal District, to be known as the North Opequon Agricultural and Forestal District. This proposed district contains 400.186 + /- acres within five parcels. The properties are located in the Stonewall Magisterial District, straddling Old Charlestown Road (Route 761) to the north and south, Opequon Creek to the east and Slate Lane to the west. During the Planning Commission's public hearing on May 1, 2013, one adjoining property owner came forward to inquire how the creation of the new Agricultural and Forestal District would affect her property. No issues were raised by the Planning Commission and they unanimously voted to recommend approval of the new district. (Note: Commissioners Triplett, Mohn, and Madagan were absent from the meeting; Commissioner Oates abstained from discussion and voting) MRC /rsa 107 North. Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 Proposed North Opequon 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 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 Forestal District applications. LOCATION This proposed district is located in the Stonewall Magisterial District, straddling Old Charlestown Road (Route 76 1) to the north and south, Opequen Creek to the east, and Slate Lane to the west. SIZE The proposed district will contain 400.186 + /- acres within five (5) parcels, managed by one (1) property owner. Please see attached map. AGRICULTURAL & FORESTAL SIGNIFICANCE The predominantly agricultural operations in the new district are 90 percent agriculture (livestock, and crop harvesting) and 10 percent open - space /woodlands. The area within the district is rural in nature. LAND USE All parcels within the proposed district are in agricultural or residential use. COMPREHENSIVE PLAN The 2030 Comprehensive Policy Plan of Frederick County (Comp flan) provides guidance when considering land use actions. The location of this proposed district lies outside the Urban Development Area (UDA) and Sewer and Water and Service Area (SWSA), and is not part of any land use plan or study by the County. The land use within this proposed district of 400.186 + /- acres is residential and agricultural. The current land use should remain in its present land use of pristine condition with land use of agricultural, and residential. ZONING All of the parcels are of this proposed district are currently zoned RA (Rural Areas) Zoning District. The surrounding properties are zoned: North: RA (Rural Areas) South: RA (Rural Areas) East: Opequon Creek / Clarke County West: RA (Rural Areas) LAKES/PONDS/STREAMS The proposed district lies within the Hiatt Run and Hot Run drainage areas. These two bodies of water are tributaries to the Opequon Creek. 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 rolling hills to ridges to the south and west and flat and gentle rolling hills to the north and east. This district lies within the Hiatt Run and Hot Run drainage area and water is available from ponds, wells and springs. PRIME AGRICULTURE SOIL The largest amount of prime agricultural soils located within the proposed Agricultural and Forestal District is Frederick- Poplimento STAFF COMMENTS This proposed district is not part of any land use plan or study as indicted within the 2030 Comprehensive Policy Plan of Frederick County. (Comp Plan) The proposed district is located outside the Urban Development Area (UDA) and Sewer Water Service Area (SWSA), and is to remain rural in nature and protected from any future development. The intent of the County's 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 and SWSA, The proposed Agricultural and Forestal District is agriculturally significant as outlined in the Agricultural and Forestal Districts Act.. The Agricultural District Advismy Committee, at its meedn a on March 18,_ 2013, unanimously approved the creation of the North Qpequon Agricultural and Forestal District The Planning Commission at its meedne on Ya 11 2013 unanimous) a roved the creation of the North O e uon A ricultural and Forestal District. 2