075-10�ST.t��$LIS�iVIEN'T
Action:
PLANNING COMMISSION: April 7, 2010 - Recommended Approval
BOARD OF SUPERVISORS: Apri12$, 2010 �APPROVED� DENIED
ES"I'ABLISHMEN'�' OF THE
APPLE PIE RIDGE AGRICULTURAL &FORESTAL DISTRICT
WHEREAS, a proposal to create the Apple Pie Ridge Agricultural &Forestal District to
consist of $89.052 acres, was considered. The properties are located across Payne Road (Route 663)
to the north, Welltawn Road (Route 661) to the east, Apple Ridge Road (Route 739) to the west, and
Glendobbin Road (Route 673} to the south, and are identified by Property IdentificationNuznbers 31-
A -170, 31 -A -171, 31 -A -180, 42 -A -356, 42 -A -357, 43 -A -4, 43 -A -I 1, 43 -A -12, 43 -A -13, 43 -A -14,
43 -A -69, 43 -A -70, 43- A -10A, 43 -A -Al, 43 -1 -A2, 43 -1 -B1, 43- 11 -4 -1, 43- 11 -4 -2, 43- 11 -4 -3, 43 -11-
4-4, 43- 11 -4 -5, 43- 11 -4 -6, 43- 12 -3 -7, 43- 12 -3 -$, 43- 12 -3 -9, 43- 12 -3 -10, 43- 12 -3 -11, 43- 12- 3- 12,43-
12-3-13, 43- 12 -3 -14, 43- 12 -3 -15, 43- 12 -3 -16, 43- 12 -3 -17, 43- 12 -3 -1$ in the Stonewall and
Gainesboro Magisterial Districts. This application was reviewed by the Agricultural District
Advisory Committee (ADAC }, and the Planning Cozxarnission during their regularly scheduled
meetings; and
WIIEREAS, The Agricultural District Advisory Committee (ADAC} recommended
approval of this proposal on March 18, 2010; and
WHEREAS, the Planning Coz�rnission held apublic hearing and recommended approval on
this proposal to establish the Apple Pie Ridge Agricultural 8� Forestal District on April 7, 2010; and
WHEREAS, the Board of Supervisors held a public hearing on this proposal to establish the
Apple Pie Ridge Agricultural &Forestal District on Apri12$, 2010; and
WHEREAS, the Frederick County Board of Supervisors finds the establishment of this
Apple Pie Ridge Agricultural &Forestal District coniributes 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 Apple Pie Ridge
Agricultural &Forestal District to consist of $$9.052 acres in the Stonewall and Gainesboro
Magisterial Districts, with an expiration and renewal date of May 15�, 2015. This Agricultural &
Forestal District is as described on the attached map.
rfl��s. ��� -10
i
This ordinance shall be in effect on the day of adoption..
Passed this 28th day of April, 2010 by the following recorded vote:
Richard C. Shickle, Chairman Aye Gary A. Lofton Aye
G W. Doge Aye Bill lv1_ Ewing Aye
Gene E. Fisher Aye Charles S. DeHaven, Jr. �e
Christopher E. Collins Aye
Pi�Res. #17 -10
BOS Res. #075 -IO
A C[}PY ATTEST
Jo .Riley, 3r.
Fr Brick County Administrator
TO:
FRAM:
R�:
DATE:
C��JI�T� �f �`RED�RIC�
Departrnent of Fl�er�ning ar�d Developrne�t
540!565 -551
�+'Ax_ 540l6G5 -bS95
MEMORANDUM
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 152 -�43 00 of the Cade of Virginia, 1950, as amended, regrires that Agricultural
and Forestal Districts be reviewed by the ioeal government every five years after establishment_
Furthermore, the Cade 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- 43000. 1.11timately, the Board of
Supervisors approves, approves with modifications, or denies the proposal to establish or renew an
Agricultural and Forestal District.
1n 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 an March 18, 2010, and unanimously
recomzx�ended the creation of three new agricultural and forestal districts and the renewal of three
existing agricultural and forestal districts. The Planning Commission unanin�.ously recommended
creating three new agricultural and forestal districts and renewing the three existing agricultural and
forestal districts at their meeting of April 7, 2010. The following 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 District.
3) Creation of the South Tiu�ber Ridge Agricultural and Forestal District.
4) Update of the 2010 -2015 Double Church, Red Bud and South Frederick Agricultural
and Forestal Districts.
107 I�Torth Dent Street, Spite 202 Wia�chester, �Tirginaa 226dD1 -500
Proposed Apple Pie Ridge Agricultural and Foresfa➢ district
This is a request to the Frederick County Board of Supervisors to establish a new Apple Pie
Ridge Agricultural and Forestal District (District). This is a proposed addition to the County's
three Agricultural and Forestal Districts, which includes the South Frederick District, established
in 1980, the Double Church District, established in 1995 and the Red Bud District, established in
2006. The Agricultural District Advisory Committee (ADACj unanimously recommended
approval of the Apple Pie Ridge Agricultural and Forestal District on their meeting an
March 18, 201.0. The Planning Commission unanimously recommended approval of this
new district at their meeting �on Apri17, 201.0.
LOCATION
This proposed District is located in the Stonewall and Gainesboro Magisterial Districts, across
Payne Raad (Route 663) to the north, Welltown Road (Route 661) to the east, Apple Ridge Road
(Route 739) to the west, and Glendobbin Road (Route 673) to the south.
SIZE
The proposed District contains 889.052 + /- acres within 34 parcels. Please see attached map.
AGRICULTURAL & F(}RESTAL SIGNIFICANCE
The predominantly agricultural operations in the new District are 90 percent agriculture
(livestock, oxchard, 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 2007 Comprehensive Policy Pian of Frederick County (Corxzp Plan) 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 Iand use plan or study by the County. The Stonewall Industrial Park is located on the south
boundary of this proposed District. The land use within this proposed District of $$9.052+/ -
acres 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.
The Eastern. Frederick County Road Plan is the major transportation component of the Comp
Plan. This road plan identifies the future transportation needs within Frederick County. A major
component of this road plan is Route 37 which will provide direct limited east -to -west access
around the City of Winchester.
1
ZONING
All of the parcels are currently zoned RA (Rural Areas) Zoning District. The properties
surrounding properties are zoned:
North: RA {Rural Areas) South: M -1 (industrial, Light)
East: RA {Rural Areas) West: RA (Rural Areas)
RP {Residential Performance)
LAKESlPONDSISTREAMS
The proposed District lies primarily 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. rolling hills to ridges to the north and west and
flat and gentle rolling hills to the south and east. This District lies within the Hiatt Run
watershed and water is available from ponds, wells and springs.
PRIME AGRICULTURE SOIL
The largest amount of prime agricultural soils located within the proposed Apple Pie Ridge
Agricultural and Forestal District is Frederick- Poplimento
STAFF COMMENTS
This proposed Distinct is not part of any land use plan or study. The proposed District 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
proposed Apple Pie Ridge Agricultural and Forestal District is agriculturally significant as
outlined in the Agricultural and Forestal Districts Act.
The Eastern Frederick County Road Plan (Road Plan) identifies Route 37 as a major component
of the County's future transportation network. A balanced approach is needed to ensure the
broader future transportation improvements are met and recognize that this proposed District is
an important element of this area of the County.
STAFF CONCLUSIONS FOR THE APRIL 2t1, 2010 FREDERICK COUNTY BOARD OF
SUPERVISORS MEETING
The Frederick County Agricultural District Advisory Committee (ADAC) unanimously
recommended approval of the Apple Pie Ridge Agricultural and Forestal District at their meeting
of March. 1$, 2010, and the Planning Commission unanimously recommended approval at their
meeting an April 7, 2010. This proposed District meets the intent of Chapter 43, Section 15.2-
4300 of the Code of Vir inia, 1950, as amended, that enables local governments to establish
Agricultural and Forestal Districts to conserve and protect agricultural and forestal land, The
Code of Vir inia sets out criteria for evaluating Agricultural and Forestal District applications.
One of the criteria is that the application should be evaluated in conjunction with the
Comprehensive Plan (Comp Plan) of the locality. The Eastern Frederick County Road Plan
2
�ST.t��$LIS�iVIEN'T
Action:
PLANNING COMMISSION: April 7, 2010 - Recommended Approval
BOARD OF SUPERVISORS: Apri12$, 2010 �APPROVED� DENIED
ES"I'ABLISHMEN'�' OF THE
APPLE PIE RIDGE AGRICULTURAL &FORESTAL DISTRICT
WHEREAS, a proposal to create the Apple Pie Ridge Agricultural &Forestal District to
consist of $89.052 acres, was considered. The properties are located across Payne Road (Route 663)
to the north, Welltawn Road (Route 661) to the east, Apple Ridge Road (Route 739) to the west, and
Glendobbin Road (Route 673} to the south, and are identified by Property IdentificationNuznbers 31-
A -170, 31 -A -171, 31 -A -180, 42 -A -356, 42 -A -357, 43 -A -4, 43 -A -I 1, 43 -A -12, 43 -A -13, 43 -A -14,
43 -A -69, 43 -A -70, 43- A -10A, 43 -A -Al, 43 -1 -A2, 43 -1 -B1, 43- 11 -4 -1, 43- 11 -4 -2, 43- 11 -4 -3, 43 -11-
4-4, 43- 11 -4 -5, 43- 11 -4 -6, 43- 12 -3 -7, 43- 12 -3 -$, 43- 12 -3 -9, 43- 12 -3 -10, 43- 12 -3 -11, 43- 12- 3- 12,43-
12-3-13, 43- 12 -3 -14, 43- 12 -3 -15, 43- 12 -3 -16, 43- 12 -3 -17, 43- 12 -3 -1$ in the Stonewall and
Gainesboro Magisterial Districts. This application was reviewed by the Agricultural District
Advisory Committee (ADAC }, and the Planning Cozxarnission during their regularly scheduled
meetings; and
WIIEREAS, The Agricultural District Advisory Committee (ADAC} recommended
approval of this proposal on March 18, 2010; and
WHEREAS, the Planning Coz�rnission held apublic hearing and recommended approval on
this proposal to establish the Apple Pie Ridge Agricultural 8� Forestal District on April 7, 2010; and
WHEREAS, the Board of Supervisors held a public hearing on this proposal to establish the
Apple Pie Ridge Agricultural &Forestal District on Apri12$, 2010; and
WHEREAS, the Frederick County Board of Supervisors finds the establishment of this
Apple Pie Ridge Agricultural &Forestal District coniributes 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 Apple Pie Ridge
Agricultural &Forestal District to consist of $$9.052 acres in the Stonewall and Gainesboro
Magisterial Districts, with an expiration and renewal date of May 15�, 2015. This Agricultural &
Forestal District is as described on the attached map.
rfl��s. ��� -10
i
This ordinance shall be in effect on the day of adoption..
Passed this 28th day of April, 2010 by the following recorded vote:
Richard C. Shickle, Chairman Aye Gary A. Lofton Aye
G W. Doge Aye Bill lv1_ Ewing Aye
Gene E. Fisher Aye Charles S. DeHaven, Jr. �e
Christopher E. Collins Aye
Pi�Res. #17 -10
BOS Res. #075 -IO
A C[}PY ATTEST
Jo .Riley, 3r.
Fr Brick County Administrator
TO:
FRAM:
R�:
DATE:
C��JI�T� �f �`RED�RIC�
Departrnent of Fl�er�ning ar�d Developrne�t
540!565 -551
�+'Ax_ 540l6G5 -bS95
MEMORANDUM
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 152 -�43 00 of the Cade of Virginia, 1950, as amended, regrires that Agricultural
and Forestal Districts be reviewed by the ioeal government every five years after establishment_
Furthermore, the Cade 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- 43000. 1.11timately, the Board of
Supervisors approves, approves with modifications, or denies the proposal to establish or renew an
Agricultural and Forestal District.
1n 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 an March 18, 2010, and unanimously
recomzx�ended the creation of three new agricultural and forestal districts and the renewal of three
existing agricultural and forestal districts. The Planning Commission unanin�.ously recommended
creating three new agricultural and forestal districts and renewing the three existing agricultural and
forestal districts at their meeting of April 7, 2010. The following 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 District.
3) Creation of the South Tiu�ber Ridge Agricultural and Forestal District.
4) Update of the 2010 -2015 Double Church, Red Bud and South Frederick Agricultural
and Forestal Districts.
107 I�Torth Dent Street, Spite 202 Wia�chester, �Tirginaa 226dD1 -500
Proposed Apple Pie Ridge Agricultural and Foresfa➢ district
This is a request to the Frederick County Board of Supervisors to establish a new Apple Pie
Ridge Agricultural and Forestal District (District). This is a proposed addition to the County's
three Agricultural and Forestal Districts, which includes the South Frederick District, established
in 1980, the Double Church District, established in 1995 and the Red Bud District, established in
2006. The Agricultural District Advisory Committee (ADACj unanimously recommended
approval of the Apple Pie Ridge Agricultural and Forestal District on their meeting an
March 18, 201.0. The Planning Commission unanimously recommended approval of this
new district at their meeting �on Apri17, 201.0.
LOCATION
This proposed District is located in the Stonewall and Gainesboro Magisterial Districts, across
Payne Raad (Route 663) to the north, Welltown Road (Route 661) to the east, Apple Ridge Road
(Route 739) to the west, and Glendobbin Road (Route 673) to the south.
SIZE
The proposed District contains 889.052 + /- acres within 34 parcels. Please see attached map.
AGRICULTURAL & F(}RESTAL SIGNIFICANCE
The predominantly agricultural operations in the new District are 90 percent agriculture
(livestock, oxchard, 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 2007 Comprehensive Policy Pian of Frederick County (Corxzp Plan) 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 Iand use plan or study by the County. The Stonewall Industrial Park is located on the south
boundary of this proposed District. The land use within this proposed District of $$9.052+/ -
acres 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.
The Eastern. Frederick County Road Plan is the major transportation component of the Comp
Plan. This road plan identifies the future transportation needs within Frederick County. A major
component of this road plan is Route 37 which will provide direct limited east -to -west access
around the City of Winchester.
1
ZONING
All of the parcels are currently zoned RA (Rural Areas) Zoning District. The properties
surrounding properties are zoned:
North: RA {Rural Areas) South: M -1 (industrial, Light)
East: RA {Rural Areas) West: RA (Rural Areas)
RP {Residential Performance)
LAKESlPONDSISTREAMS
The proposed District lies primarily 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. rolling hills to ridges to the north and west and
flat and gentle rolling hills to the south and east. This District lies within the Hiatt Run
watershed and water is available from ponds, wells and springs.
PRIME AGRICULTURE SOIL
The largest amount of prime agricultural soils located within the proposed Apple Pie Ridge
Agricultural and Forestal District is Frederick- Poplimento
STAFF COMMENTS
This proposed Distinct is not part of any land use plan or study. The proposed District 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
proposed Apple Pie Ridge Agricultural and Forestal District is agriculturally significant as
outlined in the Agricultural and Forestal Districts Act.
The Eastern Frederick County Road Plan (Road Plan) identifies Route 37 as a major component
of the County's future transportation network. A balanced approach is needed to ensure the
broader future transportation improvements are met and recognize that this proposed District is
an important element of this area of the County.
STAFF CONCLUSIONS FOR THE APRIL 2t1, 2010 FREDERICK COUNTY BOARD OF
SUPERVISORS MEETING
The Frederick County Agricultural District Advisory Committee (ADAC) unanimously
recommended approval of the Apple Pie Ridge Agricultural and Forestal District at their meeting
of March. 1$, 2010, and the Planning Commission unanimously recommended approval at their
meeting an April 7, 2010. This proposed District meets the intent of Chapter 43, Section 15.2-
4300 of the Code of Vir inia, 1950, as amended, that enables local governments to establish
Agricultural and Forestal Districts to conserve and protect agricultural and forestal land, The
Code of Vir inia 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 (Comp Plan) of the locality. The Eastern Frederick County Road Plan
2
(Road Plan} identifies Route 37 as a major component of the County's future transportation
network.
Therefore, a balance between the proposed transportation improvements and the proposed
District will ensure the future function of both of these important elements. The transportation
needs of the broader community and the function and context of the Agricultural and Forestal
District shall continue to be recognized in the implementation of this plan. This proposed
District 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 2415. Staff recommends that we accept these parcels into the Ag District and
we also continue to recognize the future planned Route 37 corridor, the two can co -exist
together.
PLANNING COMMISSION SUMMARY &ACTION OF THE 4/07/1(1 MEETING:
No citizens spoke during the public comment portion of the public hearing. No issues or areas of
concern were raised by Commission members. The Planning Commission voted. unanimously to
recommend approval of the creation of the Apple Pie Ridge Agricultural and Forestal District.
(Note: A11 members ofthe Planning Commission were present.)
3
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2 ®�.0 -2Q15 APPLE PIE RIDGE AGRICULTURAL AND FQRESTAL DISTRICT
Map #
Owner Information
Acreage
31 -A -170
BHS LC
0.34
31 -A -171
BH5 LC
1.07
31 -A -18D
BHS LC
70.00
42 -A -356
KS5 LC
303.$1
42 -A -357
K55 LC
23.04
43 -A -4
Becon Inc
127
43 -A -11
BHS LC
84.50
43 -A -12
BHS LC
4.00
43 -A -13
BWS LC
SAD
43 -A -14
BHS LC
9.66
43 -A -69
Fruit Hill Orchard
5.00
43 -A -70
Fruit Hill Orchard
57.66
43 -A -10A
Becon lnc
53.43
43 -A -A1
Becon lnc
29.30
43 -1 -A2
Becon Inc
3.50
43 -1 -81
Becon Inc
16.56
43- 11 -4 -1
KSS LC
5.51
43- 11 -4 -2
KS5 LC
5.00
43- 11 -4 -3
KSS LC
5.00
43- 11 -4 -4
KSS LC
5.00
43- 11 -4 -5
K55 LC
5.86
43- 11 -4 -6
K55 LC
5.25
43- 12 -3 -7
K55 LC
5.01
43- 12 -3 -8
KSS LC
5.00
43- 12 -3 -9
KSS LC
5.00
43- 12 -3 -10
K55 LC
5.00
43- 12 -3 -11
K5S LC
5.00
43- 12 -3 -12
KSS LC
5.00
43- 12 -3 -13
KSS LC
5.00
43- 12 -3 -14
KSS LC
5.12
43- 12 -3 -15
K55 LC
5.00
43- 12 -3 -16
K5S LC
5.33
43- 12 -3 -17
KSS LC
5.05
43- 12 -3 -18
KSS LC
5.05
889.052
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�aea�abers, ��.erslzin d �cre�e ��' each �f the varcels �,re ire �sli� t� be s�claaded.
R%C sl3�l�� �3i � �� Sv ^iE£�il'ir� 1 � tv awvCi�ii vi 41#iv iLEI"�6.r cu vwiiti.� c'dd�a'dGC€tL v a�Eav cu�i'aEl
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11Sfl1 44iD'il VIICIOS�SEg several rVPLe YF i41 /4��N.VGiRRVI.i� i',Jr Y$3L� �V54g.P!'...i� �i'W�1.l iMd1 Z+'LFJ L�.lY L.
Thames a hs�ch aid �le�se let xgae 1��� if There's �aivthi�� I �;� d� � l�elt� ��st.
�i�acerely,
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Dime Keatats
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