Loading...
074-10-� . � -- �� ;�+ . _ - Action: PLANNING +COMMISSION: April 7, 2010 - Recomrrlended Approval BOARD OF SUPERVISORS: April 28 201fl APPROVED❑ DENTED a.� � � .,,,�� ESTABLISHMENT OF THE ALBIN AGRICULTURt�.F �& FORESTAL .DISTRICT WHEREAS, a proposal to create the Albin Agricultural &Forestal District to consist of 1,017.84 acres, was considered. The properties are located across North Frederick Pike {Route 522) to the north, Route 37 to the east, and Poorhouse Road (Route 664} to the west, and are identified by Property Identification Numbers 41 -A -170, 42 -A -61, 42 -A -62, 42 -A -180, 42 -A -190, 42 -A -191, 42- A -192, 42 -A -193, 52 -A -4$, 52 -A -49, 53 -A -1, 53 -A -2, 53,A -3, 53 -A -69 in the Gainesboro Magisterial District, This application was reviewed by the Agricultural Tistrict Advisory Committee (ADAC }, and the Planning Commission during their regularly scheduled meetings; and WHEREAS, The Agricultural District Advisory Committee (ADAC} recornnmended approval of this proposal on March 18, 2010; and WHEREAS, the Planning Commission held a public hearing and recommended approval on this proposal to establish the Albin Agricultural &Forestal District on April 7, 2010; and WHEREAS, the Board of Supervisors held a public hearing on this proposal to establish the Albin Agricultural &Forestal District on Apri128, 2010; and WHEREAS, the Frederick County Board of Supervisors finds the establishment of This Albin 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 Albin Agricultural & Forestal District to consist of 1,017.84 acres in the Gainesboro Magisterial District, with an expiration and renewal date of May 1St, 2015. This Agricultural &Forestal District is as described on the attached map, PDRes. #l16 -1D S This ordinance shall lie in effect on the day of adoption. Passed this 28th day of April, 2fllfl by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton AyP Gary W. Dove Aye Bill lvf. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, 3r. Aye Christopher E. Collins Aye PDRes. # ] 6 -10 Bos iz.E?S. X60 %�+ -i0 A COPY A'I"CEST Jo 'ley, r. Fr Brick County Administrator TO: FRONT: RE: DATE: COIJI�TT�' of FREI�ER.�CK Delaartm�nt of Planring and I3eve1 ®prnee�t s4a�6ss -5651 �'A�: 54x1665 -6595 MEMO�DUM Frederick County Board of Supervisors Mark R Cheran, Zoning Administrator ���� Public Hearing - 2010 _ 201 � Agricultural and Forestal Districts Renewal and Additions April 13, 2010 Chapter 43, Section 15.2 -43D0 ofthe Code of Virginia, 1950, as amended, requires that Agricultural and Forestal Districts be reviewed by the local government every five years after establishment. Furtherrrzore, the Code of Virginia requires the local governing body to establish an Agricultural District Advisory Committee for the purpose of reviewing proposals that establish or renew districts to ensure conformity with the provisions of Section 15.2- 430D0. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the proposal to establish or renew an Agricultural and Forestal District. In working with members of the community and the Extension Services, staff has circulated forms for the renewal of, additions to and deletions from, the Agricultural and Forestal Districts to the property owners. These forms are important aspects of the Agricultural and Forestal District Program; the program is voluntary, enabling property owners the right to participate should they be interested. The Agricultural District Advisory Committee (ADAC} met on March 1$, 2010, and unanimously recommended the creation of three new agricultural and forestal districts and the renewal of three existing agricultural and forestal districts. The Planning Commission unanimously recorntnended creating three new agricultural and forestal districts and renewing the three existing agricultural and forestal districts at their meeting of Apri17, 2D 1 D. The fallowing items are included in your agenda: 1) Creation of the Albin Agricultural and Forestal District. 2} Creation of the Apple Pie Ridge Agricultural and Forestal Distric#. 3} Creation of the South Timber Ridge Agricultural az�d Forestal District. 4} Update of the 2010 -2015 Double Church, Red Bud and South Frederick Agricultural and Forestal Districts. 107 North Kent Street, Smite 202 o Winchester Virginia 22601 -5000 Proposed Albin Agricultural end F'o�-estal District This is a request to the Frederick County Board of Supervisors to establish a new Albin Agricultural and Forestal District (District). This is a proposed addition to the County's three Agriculiural and Forestal Districts, which includes the South Frederick District, established in 19$0, the Double Church District, established in 1995 and the Red Bud District, established in 2006. The Agricultural District Advisory Committee (ADAC) recommended approval of the AIbin Agricultural and Forestal District at their meeting on March 18, 2010. The Planning Commission unanimously recommended approval of this new district at their meeting on April 7, 201.0. LOCATION This proposed District is located in the Gainesboro Magisterial District, across North Frederick Pike {Route 522) to the north, Route 37 to the east, anal Poorhouse Road {Route 66�} to the west. SIZE The proposed District contains 1,017.84 + /- acres within 14 parcels. Please see attached map. AGRICULTURAL &FORESTAL SIGNIFICANCE The predominantly agricultural operations in the new District are 90 percent agriculture (livestock, orchards, and crop harvest} 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. COMPREHENSI'V'E PLAN The 2007 Com rehensive Polic Plan of Frederick Count {Comp Plan) provides guidance when considering land use actions. The location of this proposed District lies in an area that is identified by the Comp Plan as the Route 37 West Land Use Plan. This plan identified a study area which encompassed 645 acres bounded by Route S22 to the north, Route 37 to the east, and the Round Hill Community Land Use Plan bouYdary to the south. The land use component of this study identified approximately a 120 -acre area located in the southeastern portion of this 645 -acre study area as a location for potential business concentrations. The land use component envisions this 120 -acre area be planned far office park - type development that will complement the medical center, pharmaceutical school, and providing. retail services that cater to these uses, and the community within the proximity of this study area. The remaining 525 acres within the study area should remain in its present land use of pristine condition with land use of orchards, while preserving the historic integrity of the Battle of Second Winchester and historical signif cant properties identif ed by the Frederick Coun Rural Landmarks Surve . The transportation component of this study area proposes fiiture road networks which link the 120 -acre business anal retail area with Route 37, Route 522 and Route 50. The system of major collector roads will be necessary for efficient movement of traff c through this area. A major 1 component of this transportation system is an interchange on Route 37 to provide direct east -to- west access to the Winchester Medical Center, and linking the 120 -acre business and retail area via a major collector road. As of the application for this proposed District, the Winchester Medical Center and the Virginia Department of Transportation are currently working on this interchange. This major collector road will serve to ensure an effcient north -south traffic movement with Route 522 to the norkh and Route 50 to the south. The Sewer and Water Service Area (SWSA} component of this study area calls for the inclusion of the 120 -arce business and retail area within the SWSA. This will ensure compliance with County polices regarding land use and zoning changes from rural land use to commercial land use. Residential development is not proposed or encouraged for this study area. As land use planning is for the future, it may be appropriate to honor the property owner's request for placement in an Agricultural District. ZONING All but one of the parcels is currently zoned RA {Rural Areas} Zoning District. The remaining parcel is split -zoned RA (Rural Areas)/RP (Residential Performance) Zoning District. The surrounding properties are zoned: North: RA (Rural Areas) B -2 (Business, General} B -3 (Industrial, Transition} MH- 1(Mobile Home Community) RP (Residential Performance) East: RA (Rural Areas} MS (Medical Support} Route 37 (State Roadway) City of Winchester RP (Residential Performance} South: B -2 (Business, General) MS {Medical Support) West: RA (Rural Areas) LAKES/PONDS /STREAMS The proposed District lies primarily within the Abrams Creek 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 broad rolling hills to the west and gently rolling hills to the north and east. This District lies within the Abrams Creek watershed and water is available from ponds, wells and springs. Most of the area within the District is in pasture, orchards, livestock, and few areas are woodland. PRIME AGRICULTURE SOIL The laxgest amount of prime agricultural soils located within the proposed Albin Agricultural and Forestal District is Frederick- Poplimento 2 STAFF COMMENTS The Route 37 West Land Use Plan supports the establishment of future business and office use and a major transportation network in this area of the County. The land use plan identifies the remaining land with no land use designation, which indicates the area should remain rural in nature and be protected from any 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 Urban Development Area (UDA }. The proposed Albin Agricultural and Forestal District is agriculturally significant as outlined in the Agricultural and Forestal Districts Act. The Route 37 West Land Use Plan identifies the remaining 525 -arses of this study area to be preserved in its pristine condition, continuing the present land use of orchards, and preserve the battlefield of the Second Winchester. Furthermore, creation of this District would be an important addition to this land use plan and will ensure the 525 acres of this land use plan will be implemented. A balanced approach is needed to ensure the broader future land uses and transportation improvements of the Route 37 West Land Use Plan are met and recognize this proposed District as an important element of the land use plan, The Route 37 West Land Use Plan offers framework for future land use, yet supports the existing agricultural uses. As land use remains agricultural at the desire of property owners, there may not be a conflict in establishing an Agricultural District today, but maintain its Route 37 West Land Use Plan elements for consideration in the future. STAFF CONCLUSIONS FOR THE 4!28110 BOARD OF SUPERVISORS MEETING: The Frederick County Agricultural District Advisory Committee (ADAC) unanimously recommended approval of the Albin Agricultural and Forestal District at Their meeting of March 18, 2010, and the Planning Commission unanimously recommended approval at their meeting on April 7, 2010. This new district will have a total of 1,017.84 +1 - acres and 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 fa conserve and protect agricultural and forestal land. The Code of Virginia outlines criteria far 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 District provide an opportunity for the agribusiness community to conduct long range planning efforts far the management of their operations, while providing a reserve of agricultural land through the year 2015. Therefore, staff would recommend that this 1,017.84 +! -acre District be included as one of the County's Agricultural and Forestal Districts. PLANNING COMMISSION SUMMARX &ACTION OF THE 4/07110 MEETING: No citizens spoke during the public comment portion of the public hearing. Na issues or areas of concern were raised by Commission members. The Planning Commission unanimously voted to recommend approval of the creation of the Albin Ridge Agricultural and Forestal District. (Note: All members of the Planning Commission were present.) 3 Potential Albin Ag &Forestal Dis�cict E ten° �' �oLOS H14LRU 4 � x-.., � r' .� J 4= � �� �G� �J SC° 'c �,� 85 7a -c o 30 � { �y�P � a Vp NypCloly�� p 89 �F `�'�o A w� w fi�C,ii({{[ �f :G 4q { .� ...�17- ...827 -�.� - -- -- �klCL RD � � 711 .�� J "�`..� 66 ~ "� Legend 1owo k17Y BYPess °kRUni Lamm °nry CUruer � " ��� EaeurrL,R°e41'len Oc[1GtlG quafonne - - . ��A�aM14�un¢I sefga FaanHetl - - ¢mss¢MamrAnertet woe use ' 6rwross sew Hm¢rArtensl � alaea use C¢,mne�sreil Mire - � � - impr¢vetlLln¢rMetnt hr9n�wY [emmnml � ' �eax Neer Cmmsw a usuIMUSLUl10'Lrx .. � � - i % M1ly 1�``^JlmIXavttl Mai¢r COI�BCwr.' .V�Wn Lenur - �rrrti�Um¢rLnYeonr ✓ TiPM¢niu¢e Vies°e ���inWme °AM¢r L¢Ian°f �� �� Pls eed�nrt tln.uaT.�ni _ - //J �''_::,y�um 0 5 eesE Fecmeian � � � J inslwi °nv IJJ\ namn<e nsa - - Potential Albin M °`° � ° °`�' "�Q201° Ag &Forests[ District o Crealae bi'Fmtl¢nck C°�HLUpl of CienNrg3 Cav¢bPmeM 16] N K °re S° SvM iGZ. Win:hesEer. VF 32GG1 54G�665 �SR1 1 '� ! a � ~������r I k t I .� I ,f� .� i � l \'� ,r 1 ` L. 0 4.5 7 2Niles o,�,e„�eurrey�ma¢rme>s mcM°m npp nmal¢ 2010 - 2015 ALBIN AGRICULTURAL AND FORESTAL DISTRICT Map # Owner Information Acreage 41 -A -170 Fruit Hiil Orchard 274.16 42 -A -61 DTS LC z 50 42 -A -62 Fruit Hiil Orchard 199 14 42 -A -180 Fruit Hill Orchard 105.2E 42 -A -190 Fruit Hill Orchard 7 8$ 42 -A -191 Fruit Hi[I Orchard 16 78 42 -A -192 Fruit Hi[I Orchard 1.04 42 -A -193 Fruit Hi[I Orchard 6 22 52 -A -48 Fruit Hi[I Orchard 2450 52 -A -49 Fruit Hill Orchard 8.50 53 -A -1 Fruit }-fill Orchard 96 69 53 -A -2 Fruit Hill Orchard 145.93 53 -A -3 Fruit Hill Orchard 8 34 53 -A -69 Fruit Hill Orchard 120.90 1017. S4 Ms. Diane Kea�s Fruit Hal Orchard F.O. Boat 2368 �Jirtchester, Va. 226�?4 Jan. 18, 2410 Mr. Mark Cheran Fred.. (:a. Planning atcd Development i�iir i+T3i�h K�fit ut V�inchester, Va. 22601 Dear ?viark: Thank you for taking t�.e to meet with me and nn► father this ast Fri P day. As a aesult we like �, ask the c�,�zniy to c� cafe � new a�cu��-� d�,�ric�. may_ We spoke of one centered on tic map nwnber S3A2, �►hich we'd like to be called the Aibigt. � �St�Cs. i�ilfGi dLSi+"aaSSlia� i� {a'+.�a ui�ri� Tr`re �r`dL7liia� jt'yu�'L' v i`i2'eI'Ei 4Y1 is ^avL` ^vi'��a. �.i�; dialLS ;�ri r+ +a �eiL'ti �Ii icon i"�i�"► numb �'LA356 and call it the Apple Yie Kidge Ag lliatrict. 1 am e�tcloaaci a list showi�tg t#te tam map numlxers, ownership and acreage of each of the naFCels we are asking to be included. As iZ+C s17t31:C �i � cia`if 3t'+I�.t�uiag 14ttcxa iv ai.Lwixii vi ��%� ia<�v"a d v�iraiCis af��jaC,Ct'u ui'aaiC Axv €i Ag ]�is#�{,,ct. I am enclocin� a copy of one �t to lei You see anal I v�Il pr ©�pt1y lei you know iI� I get � piiu�trr�i .� °v�pdnue. .. I'm also enclosing several renewal applicatioxes for tine Sou�ern FFederick Ag Liistrict. Thanks a bunch and please let me know if there's anrvthing T can do io help out. �incereh '��rS Diane Kearns Enclosures