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077-10��NEWAL Actioaa: PLANNING COMMISSION; April 7, 2010 - Recommended Approval BOARD OF SUPERVISORS: April 28, 2010 �APPROVED� DENIED RENEWAL OF 'I'H1E DOUBLE CHURCH AGRICULTURAL & FORESTALL, DISTRICT WHEREAS, renewal of the Double Church Agricultural &Forestal District was considered. The removal of one parcel, identified by Property Identification Number 86 -A -32, decreased the Dastrict fram 1,023.73 acres to 949.20 acres. This District is located in the Opequon 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 renewal on March 18, 2010; and WHEREAS, the Planning Commission held a public hearing and recommended approval of the renewal of the Double Church Agricultural &Forestal District on Apri17, 2010; and WHEREAS, the Board of Supervisors held a public hearing on this renewal ofthe Double Church Agricultural &Forestal District on April 28, 2010; and WHEREAS, the Frederick County Board of Supervisors fznds the renewal of this Double Church Agricultural &Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW, THE]ftEFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: �� The Frederick County Board of Supervisors hereby renews the Double Church Agricultural & Forestal District to consist of 949.20 acres in the Opequon Magisterial District, with an expiration and renewal date of May ls�, 2015. This Agricultural &Forestal District is as described on the attached map. Pn���. #3a -io This ordit�ar�ce 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 Gary W. Dove Aye Bill 1VI_ Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Jo `i ey, Jr. Fre rick County Administrator PDRes. #19 -10 BOS Res. ��077 -10 C�i71�T� �l' FR�D�R1C Departrn�nt ®1' i�iaraning and I�evelapment MEM��.N]f��Jll� T�: Frederick County Board of Supervisors FR�11�: Mark R Cheran, honing Administrator �� � �__ s�oi�ss -s�s� ��x: s�€����s���ss RF: Public Hearing - 201.0 _ 2015 Agricultural and Forestal Districts Renewal and Additions DATF: April 13, 2010 Chapter 43, Section i 5.2 -43 00 of the Code of Virginia, 1950, as amended, requires that Agricultural and Forestal Districts be reviewed by the local government every fve years afiter establishment. 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 ar renew districts to ensure conformity with the provisions of Section 1 5.2- 43000. Ultimately, the Board of Supervisors approves, approves with modif cations, 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 18, 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 recommended creating three new agricultural and forestal districts and renewing the three existing agricultural and forestal districts at their meeting of Apri17, 2010_ The following items are included in your agenda: 1 } Creation of the Albin Agricultural and Forestal District. 2) Creatian of the Apple Pie Ridge Agricultural and Forestal District. 3} Creation a� the South Timber Ridge Agricultural and Forestal District. 4} Update of the 2010 -2015 Double Church, Red Bud and South Frederick Agricultural and Farestal Districts. 107 North iient Street, Suite 202 = 'Winchester, Virginia 226dt -540{1 Update o� the 201.0 -2015 Double Church Agricultural and Forestal District Chapter 43, Section 15.2 -4300 afthe Code_of Virginia,1950, as amended, requires that Agricultural and Forestal Districts be reviewed by the local government every five years after establishment. The Double Church Agricultural and Forestal District (District) was established in 1995. This is a request to the Frederick County Planning Commission to renew the District and to remove one parcel of 74.53 + /- acres. This District would decrease from 1,023.73 + / -acres to 949.20 +/- acres. The Agricultural District Advisory Committee (ADAC) unanimously recommended approval to renew and remove acreage to the Douhle Church Agricultural and Forestal District at their meeting on March 18, 2Q1{}. The Planning Commission unanimously recommended approval to renew and remove acreage from this District at their meeting an April 7, 2010. LOCATION AND SIZE This District is located in the Opequon Magisterial District. The Double Church Agricultural District currently contains 1,023.73 + /- acres. The removal of one parcel {tax map numbers: Bb -A- 32) of 74.53 +1 - acres from the District will decrease the District to a total of 449.20 + /- acres. Please see attached map. AGRICULTURAL &FORESTAL SIGNIFICANCE The predominantly agricultural operations in the Distxict are livestock and cultivation ofhay and 25 percent open - space /woodlands. The area within the District is rural in nature. LAND USE All parcels in and surrounding the areas are in agricultural or residential use. COMPREHENSIVE PLAN The 2007 Comprehensive Policy Plan of Frederick County (Comp Plan) provides guidance when considering land use actions. The Comp Plan identifies this District as an area that is outside the Urban Development Area (UDA) and the Sewer and Water Service Area (S WSA). The District will be impacted by future transportation improvements as noted within the Route 277 Land Use plan approved by the Board of Supervisors in 2008. The parcels in this District have no Iand 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 PIan can accomplish this by promoting the inclusion of additional Iand in Agricultural and Forestal Districts. The Comprehensive Plan supports the additions and renewal of the District, for it provides an opportunity for the agribusiness community to conduct Iong range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2015. 1 LAKES/PONDSISTREAMS The District lies primarily within the Stephens Run drainage area. The District will assist with managing the quality of the County's water resources. SOILS The general relief of the District varies from a broad rolling valley to flat lands, and water is available from ponds, wells and springs. Mast of the soils are suited to a wide variety of farm uses. Most of the area is in pasture, cultivated crops and hay with few woodland areas. PRIME AGRICULTURE SOIL The prime agricultural soil located within the District is Blairton. STAFF COMMENTS Based on this information, staff feels that this District is agriculturally significant as outlined in the Agricultural and Forestal Districts Act. Furthermore; this District would conform to the County's Comprehensive Policy Plan which labels the area as rural. STAFF CONCLUSIONS FOR THE APRIL 28 201.0 FREDERICK COUNTY BOARD OF SUPERVISORS MEETING The Frederick County Agricultural District Advisory Committee (ADAC) unanimously recommended approval of the Double Church Agricultural and Forestal District at their meeting of March 1 S, 2010, and the Planning Commission unanimously recommended approval at their meeting on Apri17, 2010. The removal of one parcel will decrease the District to a total of 949.20 +f - acres. The Comprehensive Plan and the Route 277 Land Use Plan component proposes a balance approach between the future transportation improvements and the District to ensure the function of both of these important elements. The transportation needs of the broader community and the function and context of the District shall continue to be recognized in the implementation of the Route 277 Land Use Plan. Thais will provide 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. Staff would recommend that the Board of Supervisors consider renewing this District. PLANNING COMMISSION SUMMARY &ACTION OF THE 4107!10 MEETING: No citizens spoke during the public comment portion of the public hearing. Members of the Commission had questions about the validity of including five -acre parcels within the Agricultural and Forestal District. Staff responded that having a property within an Agricultural District is only one qualifier to getting a land use assessment tax break and the property must still have at least five acres of active farming activities. Staff noted that being included within the district shows commitment from the property owners who want to maintain a rural community and this is being honored by the County by accepting the parcels within the district. A question was raised whether the fzve -acre parcels contained houses and if they could be built upon after inclusion within the District. Staff noted that parcels can be built upon, but they cannot be subdivided. No other issues were raised and the Planning Commission voted unanimously to recommend approval of the renewal of the Double Church Agricultural and Forestal District. (Note: All members of the Planning Commission were present.) 2 Double lurch Ag & Foro�al Districfi . �" �� �� 0 �. ,� m {j: CDR � / ;� a,r ';-_ ,, c ..,.fLGRoyERb 4�'�,% � � s .,a"k' GO _ -> �� .... 4y.- '�RRTpRS � SYR�. �- ' -� 1, ��� e p`r� .,.. Lp: 4 , !rr`�� =� a �► : ti 1 .� 7'E ": 11� `... • - ._, _ l � � � �,. 1 � S � r � ` N�^�� �� Off' Z r ln�r` �i .� � \ �' J' l 4� a � f�f "'.cie° .7 . Q�� = i �9, �p �2 ' 9 h� � ,.r ,�q� .. S' NAyRf�`M7�GRD �r °°��� a; ' ,<, � � •� �, ... `� -_ �'��Re RD �� �':. r ' Legend 4 Qo�a. cN.cb suwr,a�em Lon® Range lantl lJSC - - � I Qr M, a Buner R al CommUnily GeRIGF � - '�, _,may. � �pouimOruna Ur¢ R ilderttldl GeA 4 ,�� Eas #ern Roatl Plan �A9aye uay Aga R.aslaned �� ;n5e, � yv" �t a�wra�a <>rb�ea_uae ��5. 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