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014-15 (AgAndForestalDistrictInclusionOf11Parcels)Page 2 Memorandum to Board of Supervisors Public Hearing – Consideration for Inclusion of Parcels of Less than 5 Acres into the 2015-2020 Agricultural and Forestal Districts July 27, 2015 Background: The County’s Agricultural and Forestal District Program is intended to recognize, promote, embrace, and protect ouragricultural economy. One strategy utilized to protect agricultural operations is an ordinance requirement that establishes a 200-foot building setback against the agricultural district; essentially working to minimize impacts on agricultural activities from non- agricultural structures. The 200-foot building setback(i.e. ‘buffer’)from Agricultural Districts was adopted into the Zoning Ordinance on May 28, 2007. In February 2015, the Agricultural District Advisory Committee (ADAC) found that parcels less than five (5) acres, not in the Land Use Assessment Program, and in an Agricultural District, could be placing unintended restrictions on adjacent properties. The concern was that placement of these parcels of less than five (5) acres in size into the Agricultural District did not clearly further agriculturepursuits and interests, yet the resulting 200-foot setback placed greater restrictions on their adjacent neighbors. Essentially, someone with a two (2) acre parcel could control development activity on their two (2) acres as well as their neighbor’s two (2) acres (when the 200-ft setback was applied).At their April 20, 2015 meeting, the ADAC recommended that such properties not be included in the Agricultural District. On May 20, 2015, the Planning Commission endorsed the ADAC’s April 20, 2015 recommendation. On May 27, 2015, the Frederick County Board of Supervisors adopted the eight(8) 2015-2020 Agricultural and Forestal Districts totaling 11,425 acres. Forty-six (46) parcels totaling eighty- seven (87) acres were not included in the adopted 2015-2020 Agricultural and Forestal Districts. These forty-six (46) parcels were each less thanfive (5) acres in size and were not participants in the County’s Land Use Assessment Program. During the Board’s public hearing, a number of property owner’s voiced concern that they wanted their smaller parcels included in the Agricultural Districts, and more importantly, were not aware that their parcels were not included in the Planning Commission’s recommendation, nor had their parcels been advertised for On May 27, 2015, the Board of Supervisors requested that each of these parcels be inclusion. given further consideration, and that the property owners be given an opportunity to participate in the evaluation. In response to the Board of Supervisors’ May 27, 2015 request, the ADAC held a meeting on June 24, 2015, to reconsider including theforty-six (46) parcels of less than five (5) acres into the County’s Agricultural and Forestal Districts. Staff presentedfor review each of theforty-six (46) parcels previously not included in the District. The property owners where offered an opportunity to voice their position regarding placement of their less than 5 acre parcels into the Agricultural and Forestal District. A number of property owners attended the meeting and voiced their preference that their parcels be included in the Agricultural and Forestal Districts. The ADAC discussion did include a review of how placement of a parcel into an Agricultural and Page 3 Memorandum to Board of Supervisors Public Hearing – Consideration for Inclusion of Parcels of Less than 5 Acres into the 2015-2020 Agricultural and Forestal Districts July 27, 2015 Forestal District would place additional setback restrictions of 200 feet on adjoining properties. Ultimately, the ADAC supported the interests of property owners wanting participation and The ADAC recommended that all forty-six inclusion in the Agricultural and Forestal Districts. (46) parcels be included in their respective Districts. The Planning Commission held a public hearing on July 15, 2015, to review theforty-six (46) parcels. Several property owners spoke to request that their property remain in the Agricultural and Forestal Districts.One adjacent property owner expressed his concern that a 200-foot setback would render his property unbuildable –devaluing the property from approximately $70- 80,000 to less than $20,000. The Planning Commissionnoted that the County’sAgricultural and Forestal District Program is intended to recognize, promote, and protect our agricultural economy. The strategy utilized to protect agricultural operations is an ordinance requirement that establishes a 200-foot building setback against the agricultural district; essentially working to minimize impacts on agricultural activities from non-agricultural structures. The Planning Commissioners questioned if it was appropriate that parcels less than five (5) acres be included within an Agricultural and Forestal District, as these parcels wouldbe placing unintended restrictions on adjacent propertiesnot in an Agricultural and Forestal District. At the request of numerous Planning Commission members, and prior to its July 15, 2015 meeting, staff broke down theforty-six (46) affected properties into three groups forevaluation and review. The first group was properties encapsulated/surrounded by existing Agricultural and Forestal Districts. The second group was properties that were neither adjacent nor encapsulated by existing Agricultural and Forestal Districts.The third group was properties adjacent to an existing Agricultural and Forestal District.A table of the three groups has been included with this memorandum for your review. (Attachment 3) The Planning Commission in reviewing the forty-six (46) parcels of less than five (5) acres believed that the increased setback to adjoining properties not in the Agricultural and Forestal District did place unintended restrictionson adjacent properties. Furthermore, the Planning Commission felt the undue burden placed on the effected property owner was not the intent of the Agricultural and Forestal Districts; the effected property owner would require relief from the greater setbackand this relief could only be accomplished by a variance via the Board of Zoning Appeals at a cost of $400.00. Page 4 Memorandum to Board of Supervisors Public Hearing – Consideration for Inclusion of Parcels of Less than 5 Acres into the 2015-2020 Agricultural and Forestal Districts July 27, 2015 The Planning Commission,using the 3 part table,recommended the following actions (See Attachment 3): 22 Parcels with a total of 61.95 +/- acres not be added to the districts. 24 Parcels with a total of 46.35 +/- acres to be added to the districts. The total acreage of the County’s eight (8) Agricultural and Forestal Districts as a result of the Planning Commission recommendation would be 11,646.35 +/- acres. Attachment1 MEETING SUMMARY OF THE AGRICULTURAL DISTRICT ADVISORY COMMITTEE Held in the Board of Supervisors Room of the Frederick County Ad Kent Street in Winchester, Virginia on June 24, 2015. PRESENT: Carly C. Ay, Stonewall District; Dudley H. Rinker, Back Creek Di District; John D. Cline, Stonewall District; and Cordell L. Watt ABSENT: Harman Brumback, Back Creek District; Jason McDonald, Shawnee Di Back Creek District Alternate Staff: Eric Lawrence, Director of Planning & Development; Mark R. Cher Pam Deeter, Secretary OTHER: Ellen Murphy, Commissioner of Revenue; Seth Thatcher, Assessor; ight property owners and/or representatives. The meeting was called to order by Mr. Cheran. Items one and tware two new properties that want to come into the Agricultural and Forestal properties that were not included in the renewal of the 2015-202 which the Board of Supervisors requests a re-evaluation. Mr. Cheran stated that people continue to express a desire to be agenda this evening is an opportunity to consider their addition Item 1: Addition of 5 acres, PIN 43-A-159A, to 2015-2020 Red Bud This is a request to the Frederick County Agricultural District acre parcel, PIN 43-A-159A, to the 2015-2020 Red Bud Agricultura located along Red Bud Road and the District currently has 985.59acres. If approved this would increase the 2015-2020 Red Bud Agricultural and Forestal District to 990. This addition meets the intent of Chapter 43, Section 15.2-4300 of the Code of Virginia, with the 2030 Comprehensive Plan which keeps this area rural in On a motion made by Mr. Rinker and seconded by Mr. Watt, the ADAed approval of the addition of the 5.0+/- acres, PIN 43-A-159A, to the 2015-2020 Red Bud Agricultural and Forestal District. 1 Item 2: Addition of 175 acres, PIN 85-A-3, to 2015-2020 South Frederick Agricultural and Forestal District This is a request to the Frederick County Agricultural District acre parcel, PIN 85-A-3, to the 2015-2020 South Frederick Agricu located along Conestoga Lane. If approved this would increase t Agricultural and Forestal District to 6,020.90+/- acres. This addition meets the intent of Chapter 43, Section 15.2-4300 of the Code of Virginia, and has been evaluate Comprehensive Plan which keeps this area rural in nature. On a motion made by Mr. Watt and seconded by Mr. Rinker, the ADAed approval of the addition of the 175 acres, PIN 85-A-3, to the 2015-2020 South Frederick Agricultural and Forestal District. Item 3: Re-Evaluation of the addition of 46 parcels, totaling 87 acres, to Forestal Districts. Mr. Cheran gave background information that at the ADAC meeting in February 2015, ADAC discussed whether properties that were less than 5 acres in size and not i Program should be included in an agricultural and forestal distr District could impact adjacent property owners by requiring a bu agricultural district boundaries. The ADAC recommended that su Agricultural and Forestal District. The Board of Supervisors met on May 27, 2015, and adopted the eight 2015-2020 Agricultural Forestal Districts totaling 11,425 acres which did not include 4 Program. The Board of Supervisors requested that the ADAC review the 46 parcels, and permit the 46 participate in the evaluation. Before the presentation started, an ADAC member spoke about the helped create the individual Agricultural and Forestal Districts agricultural in the County, and therefore should be included in Mr. Cheran stated that as the ADAC reviews the 46 parcels, staff parcel, and include the 200 foot buffer area on adjacent propert 2 PIN 42-A-61 Mr. Cheran started his presentation with the Albin District. Th and the size of the parcel is 2.50 acres. A committee member sp landowner if he wants to be in the Agricultural District to prot surrounded by the Agricultural District, and there are no adjace Rinker and seconded by Mr. Stelzl, the ADAC unanimously recommen A-61 into the 2015-2020 Albin Agricultural and Forestal District. PIN(s) 31-A-170 and 31-A-171 Located in the Apple Pie Ridge District, these two parcels are o Fruit Hill Orchard Inc. One parcel has 0.34 acres and the other 200 foot setback of how it would affect adjoining property owner that these properties already adjoin an orchard. On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A approval of including PIN(s) 31-A-170 and 31-A-171 into the 2015-2020 Apple Pie Ridge Agricultu Forestal District. PIN 85-A-25 The next 10 properties are located in the Double Church Agricult The first to consider is PIN 85-A-25, a 0.50 acre parcel owned b with limited expansion opportunity. Placement of the property i additional setback burdens on its adjacent properties. A committif this restriction affects the parcel that is in Agricultural District from buildin member stated then why do we want to restrict an adjacent parcel A committee member said if a landowner wants to be back in the D in. A question was posed is this a new addition or was this proper replied this landowner was already in the District. On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A including PIN 85-A-25 into the 2015-2020 Double Church Agricultu committee member opposed the motion. PIN 85-A-33 PIN 85-A-33 is owned by Jessie Judd and the parcel size is 0.37 the buffers on the map which could affect the properties to the . It was noted that placement of this property in the District is impacting the neig fields were in the Agricultural District and Mr. Cheran said no. Another member spoke up and said he helped to form the District. On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A including PIN 85-A-33 into the 2015-2020 Double Church Agricultu committee members opposed the motion. 3 PIN 85-A-132 PIN 85-A-132 is owned by Sandra Ritenour, and is 3.67 acres. The property owner came forward to speak. This piece of land was cut from the original on the property and surrounding this property is Agricultural and Fores property owners stated she has raised corn, steers, goats, and s would like to stay in the District. On a motion made by Mr. Stetzl and seconded by Mr. Rinker, the A approval of including PIN 85-A-132 into the 2015-2020 Double Chu PIN 85-A-139A PIN 85-A-139A is owned by Gary and Linda Scothorn, and contains Scothorn came forward to speak. Mr. Scothorn confirmed the areahe could build. He expressed that he would obtain a building permit if he decided to build. H property and he owns several other smaller parcels with separate On a motion made by Mr. Ay and seconded by Mr. Stelzel, the ADAC approval of including PIN 85-A-132 into the 2015-2020 Double Chu PIN 86-A-33 PIN 86-A-33 is owned by Betty Stelzl, and contains .12 acres. mother, and stated that the buffer does come onto his farm whichAgricultural District and also across the road and this property is surround by farmland. This when Grim Road went in this piece of property was separated from On a motion made by Mr. Rinker and seconded by Mr. Ay, the ADAC approval of including PIN 86-A-33 into the 2015-2020 Double Chur Mr. Stelzl abstained from voting and the vote was unanimously pa PIN 86-A-230A PIN 86-A-230A is owned by Jeffery and Joseph Gore, and the pa Cheran said the 200 foot buffer has been placed on the map and t property owners On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the A approval of including PIN 86-A-230A into the 2015-2020 Double Ch District. PIN 86-A-231 PIN 86-A-231 is owned by Fred Gore, and the parcel has 2.50 acre appears to be less than 100 feet wide, possibly an old right-of-way. The properties on both side of this parcel are in the Agricultural and Forestal District. On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the A approval of including PIN 86-A-231 into the 2015-2020 Double Church Agricultural and Forestal Dis PIN 86-A-245 PIN 86-A-245 is owned by John and Virginia Booth and the parcel A committee member spoke up and said that Ms. Booth contacted him in the Agricultural and Forestal District. 4 On a motion made by Mr. Rinker and seconded by Mr. Cline, the AD approval of including PIN 86-A-245 into the 2015-2020 Double Chu PIN(s) 86-A-264 and 86-A-264A PIN(s) 86-A-264 and 86-A-264A are owned by Shirley Ritenour, one parcel is 0.50 and the other is 0.53 acres in size. A committee back is Clevenger Property and to the best of his knowledge thisDistrict. On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the A approval of including PIN 86-A-264 and 86-A-264A into the 2015-2 Forestal District. PIN 43-A-159 The next 11 properties are located in the Red Bud Agricultural a first to consider is PIN 43-A-159, a 2 acre property owner by R Mr. Oates came forward to speak on behalf of the property owner. of the R & J Land Development land was just recommended for appr go into the Agricultural District. that is a front setback and on other side of this property is a impact on this property. The landowner wants to stay in the Agr all buffer stops at the state maintained road or right-of- the road. On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the A approval of including PIN 43-A-159 into the 2015-2020 Red Bud Ag PIN 44-A-28C PIN 44-A-28C is owned by Robert and Marsha Boden and the parcel Oates came forward to speak on behalf of the landowners. The pr are in the Agricultural District. When the District was formed t a lot of these little parcels to meet the criteria to form a Dis parcels. A committee member gave his opinion that putting on an addition different from someone trying to put in 20 lots. Maybe there ne Mr. Cheran said if you are adding onto the principal structure t play. Now, if you were putting up an acces On a motion made by Mr. Rinker and seconded by Mr. Ay, the ADAC approval of including PIN 44-A-28C into the 2015-2020 Red Bud Ag PIN 44D-2-6 PIN 44D-2-6 is owned by Charles Willis and the parcel is 2.00 a contacted staff and wants to be in the Agricultural and Forestal District when this District was formed he needed this piece to connect to the Agricultural District. Mr. Oates said when the District was formed there was no lot size. We need to 5 have 200 acres to form the Districts and the properties could be be in the Agricultural District. On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the A approval of including PIN 44D-2-6 into the 2015-2020 Red Bud Agr PIN 55-A-5B PIN 55-A-5B is owned by Vera Herring and the parcel size is 1.0 again this is another property that helped form the District. T belongs to her son; to the West is the Battlefield. Ms. Herring affect anyone since surrounding property is in Agricultural District. On a motion made by Mr. Rinker and seconded by Mr. Cline, the AD approval of including PIN 55-A-5B into the 2015-2020 Red Bud Agr PIN 55-A-5D PIN 55-A-5D is owned by Kevin Herring and the parcel size is 1.21 acres. Mr. this is Vera Herring son and he is surrounded by Agricultural District land. On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the A approval of including PIN 55-A-5D into the 2015-2020 Red Bud Agr PIN 55-A-14 PIN 55-A-14 is owned by Ernest Lam and the parcel size is 2.00 acres. The buf shown on the map for viewing to the Committee. Mr. Oates spoke helped form the District and would like to remain in the Distric On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A approval of including PIN 55-A-14 into the 2015-2020 Red Bud Agr PIN(s) 55-A-115 and 55-A-117 PIN(s) 55-A-115 and 55-A-117 are owned by Mr. Jeff Jenkins through two different holding companies: Jeffrey Jenkins and R & J Land has 1.75 acres and the R & J Land Development has 4.33 acres in both surrounded by Church and a subdivision On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A approval of including PIN(s) 55-A-115 and 55-A-117 into the 2015-2020 Red Bud Agricultural and Forestal District. PIN 55-A-118 PIN 55-A-118 is owned by Dawn Stultz and her parcel contains 1. On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A approval of including PIN 55-A-118 into the 2015-2020 Red Bud Ag PIN(s) 55-A-177 and 55-A-178A PIN(s) 55-A-177 and 55-A-178A are owned by William Schuller Jr., and William and Genevieve Schuller. One parcel contains 0.38 acres a in size. Mr. Oates said Mr. Schuller has purchased these proper consolidated the land. Each of the properties might have an old Mr. Schuller has cattle on the land and also uses the fields for 6 On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the A approval of including PIN 55-A-177 and 55-A-178A into the 2015-2 District. PIN 77-A-83 The next 21 properties are located in the South Frederick Agricultural and The first to consider is PIN 77-A-83, a 0.5 acre property owned On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A approval of including PIN 77-A-83 into the 2015-2020 South Frede PIN(s) 73-A-27 and 73-A-28 PIN(s) 73-A-27 and 73-A-28 are owned by Martha Cooley and Vernon Riding Trust. Ms. Cooley property has 4.00 acres in size and the Trust property has 4.00se properties are along Germany Road. On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the ADAC unanimously recommended approval of including PIN(s) 73-A-27 and 73-A-28 into the 2015-2020 South Frederick Agricultural and Forestal District. PIN(s) 73-A-30, 73-A-30A, and 73-A-30E PIN(s) 73-A-30, 73-A-30A, and 73-A-30E are owned by Dudley other property is 1.01 acres in size. Mr. and Mrs. Noffke property has 1.71 acres. Mr. Rinker has abstained from the vote. On a motion made by Mr. Cline and seconded by Mr. Stelzl, the AD approval of including PINs 73-A-30, 73-A-30A, and 73-A-30E into the 2015-2020 South Frederick Agricultural and Forestal District. PIN 73-A-34 PIN 73-A-34 is owned by Charles Hamilton and consists of 4.80 acres. On a motion made by Mr. Cline and seconded by Mr. Rinker, the AD approval of including PIN 73-A-34 into the 2015-2020 South Frederick Agricultural and Forest PIN 73-A-38 PIN 73-A-38 is owned by Mark and Roxanna Orndorff and consists property is along Middle Road. On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A approval of including PIN 73-A-38 into the 2015-2020 South Frederick Agricultural and Forest PIN 73-12-11 PIN 73-12-11 is owned by Charles and Vicky Murphy and consists of 2.86 ac On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the A approval of including PIN 73-12-11 into the 2015-2020 South Frederick Agricultural and Forestal 7 PIN(s) 73-12-23 and 73-12-26 PIN(s) 73-12-23 and 73-12-26 are owned by David and Patricia Hlavinka and David and Julie Menefee. The Hlavinka property consists of consists of 2.29 acres in size. The Menefee sent in a letter wa It was noted that these lots are in a Rural Preservation Subdivisio 200 foot Agricultural District buffer will not affect the lots w On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the A approval of including PIN(s) 73-12-23 and 73-12-26 into the 2015-2020 South Frederick Agricultural and Forestal District. PIN 74-A-10F PIN 74-A-10F is owned by Larry and Joyce Earhart and consists o. Mr. and Mrs. Earhart came forward to speak. Mrs. Earhart expressed their concerns have to be in land use to be in the Agricultural District and th they have a small parcel which is not in the land use program. They support the Agricultural District and have been in the district for many years. The surrounding propA committee member asked the property owner if their larger property is in the Land Use Program and Agricultural and Forestal District Program. Mrs. Earhart said y stated that they did not want their neighbor to construct a house, and District buffer placed on the adjacent property would prohibit t adjacent property, further preserving their farming operation. On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the A approval of including PIN 74-A-10F into the 2015-2020 South Frederick Agricultural and Fores PIN(s) 74-A-14, 74-A-15A, and 74-A-15 PIN(s) 74-A-14, 74-A-15A, and 74-A-15 are owned by Cheryl Humphries and Pamela Lewis. Two of the properties owned by Ms. H 1.23 acres. The joint property with Pamela Lewis is 3.00 acres On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A approval of including PIN(s) 74-A-14, 74-A-15A, and 74-A-15 into the 2015-2020 South Frederick Agricultural and Forestal District. PIN 61-A-23A PIN 61-A-23A is owned by BHS, LC and the parcel is 1.00 acre in On a motion made by Mr. Rinker and seconded by Mr. Watt, the ADA approval of including PIN 61-A-23A into the 2015-2020 South Frederick Agricultural and Fores PIN 62-A-27 PIN 62-A-27 is owned by William Copenhaver and the parcel is 1. On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A approval of including PIN 62-A-27 into the 2015-2020 South Frederick Agricultural and Forest 8 PIN 61-A-29 PIN 61-A-29 is owned by BHS, LC and the parcel is 1.25 acres in size. On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A approval of including PIN 61-A-29 into the 2015-2020 South Frederick Agricultural and Forest PIN(s) 61-A-43E and 61-A-44 PIN(s) 61-A-43E and 61-A-44 are owned by Carol Melby and Joseph Snapp. Ms. is property is 1.00 acre in size and Mr. Snapp is 2.20 acres. On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A approval of including PIN(s) 61-A-43E and 61-A-44 into the 2015-2020 South Frederick Agricultur Forestal District. PIN 73-A-64A PIN 73-A-64A is owned by Holly and Samuel Dillender and the par On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the ADAC unanimously recommended approval of including PIN 73-A-64A into the 2015-2020 South Frederick Agricultural and Fores PIN 26-A-61A The next parcel is located in the South Timber Ridge Agricultura PIN 26-A-61A, is a 2 acre property owned by CLW Holdings. The surrounding is al Forestal District. On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A approval of including PIN 26-A-61A into the 2015-2020 South Timber Ridge Agricultural and Fo District. Mr. Watt abstained from the vote. Mr. Cheran will take the recommendation to the Planning Commissi of Supervisors on August 12, 2015. Mr. Watt wanted to get the opinion of the committee members abou home. Mr. Watt stated that he does not believe the intent of an ing addition to his or her house. But, A committee member noticed on the map that the future Route 37 e and Forestal District. The committee member wanted to know how noted that when an Agricultural District is either created or re noted that a major road or subdivision is in the Comprehensive P establishment of the Agricultural District will hinder the abili But it was also noted that the Board could elect not to include a parc planned infrastructure was envisioned to be constructed within t 9 the planned infrastructure should supersede the agricultural protections offered by participation in an Agricultural District. A committee member had a question about PATH (Power Lines). If Forestal District, is approached by a utility company for a righof-way through his property is this allowed. Mr. Cheran replied the way state code is written it s District and should be taken into consideration but not sure if landowner opposed this action it would certainly strengthen the District. The meeting adjourned at 7:25 p.m. 10 Attachment2 PUBLIC HEARING Addition to the South Frederick Agricultural and Forestal District –The proposed addition is a 175.00+/- acre tract within one parcel and is located in the Back Creek District along Conestoga Lane. Action – Recommend Approval Zoning and Subdivision Administrator, Mark R. Cheran, reported this is a request to add a 175.00+/- acre parcel to the South Frederick Agricultural and Forestal District. Mr. Cheran explained the District currently has a total of 5,845.90+/- acres and if approved with the additional 175.00+/- acre parcel, the District would now have a total of 6,020.90+/- acres. Mr. Cheran noted the Agricultural District Advisory Committee (ADAC) unanimously recommended approval of this item at their June 24, 2015 meeting. Chairman Wilmot opened the public hearing to citizen comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. There were no questions or comments from Commission members at this time. Upon motion made by Commissioner Marston and seconded by Commissioner Thomas, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of the Addition to the South Frederick Agricultural and Forestal District – The proposed addition is a 175.00+/- acre tract within one parcel and is located in the Back Creek District along Conestoga Lane. (Note: Commissioners Oates and Unger were absent from the meeting) ------------- 2015-2020 Agricultural and Forestal District Addition of Parcels Less than 5 Acres –This Public Hearing is to consider the addition of 46 parcels, each less than 5 acres in size to the following Districts: Albin, Apple Pie Ridge, Double Church, Red Bud, South Frederick, and South Timber Ridge Districts. This could add up to an additional 87 acres to the established 11,425.93 acres within the Agricultural and Forestal District Program for the ensuing five year period. Properties that are incorporated into and Agricultural and Forestal District are guaranteed certain protection as specified in Section 15.2-4300 of the Code of Virginia. Action- Listed separately below Zoning and Subdivision Administrator, Mark R. Cheran, reported in February 2015 the Frederick County Agricultural District Advisory Committee (ADAC) met to consider the eight Agricultural and Forestal Districts the County currently has. He explained during the review process, the ADAC found there were parcels less than 5 acres, not in the Land Use Assessment Program, and in an Agricultural District. Mr. Cheran noted that the ADAC felt this could be placing unintended restrictions on adjacent properties that would include excessive building setbacks and eliminating opportunity for placement of buildings on a property. Therefore, the ADAC recommended such properties not be included in the Agricultural and Forestal Districts. Mr. Cheran referenced the May 27, 2015 Frederick County Board of Supervisors meeting at which time the eight 2015-2020 Agricultural and Forestal Districts totaling 11,425 acres were adopted. He noted forty-six (46) parcels totaling 87 acres were not included in the adopted Agricultural and Forestal Districts. These 46 parcels were each less than 5 acres and were not participants in the County’s Land Use AssessmentProgram. Mr. Cheran reported, as a result the Board of Supervisors requested each of these parcels be given further consideration and the property owners be given an opportunity to participate in the evaluation. Mr. Cheran reported, on June 24, 2015 the ADAC held a meeting to consider the inclusion of the 46 parcels of less than 5 acres into the County’s Agricultural and Forestal Districts. He noted, the 46 property owners were invited to participate and 10 properties were represented at the meeting. Mr. Cheran shared the comments from the Agricultural District Advisory Committee (ADAC) and the comments are as follows: Importance of Agricultural Districts and to welcome all who wish to be included Important to recognize those properties that were part of the original creation of the Districts, without which the District may not have qualified Important to recognize that inclusion in the Agricultural District creates impacts (greater setbacks) on adjacent properties, therefore it must be deemed appropriate to include a parcel if it is not directly contributing to farm use Mr. Cheran noted, the ADAC recommended approval for inclusion of all 46 parcels into the Agricultural District program. Mr. Cheran reported, Staff notified the 46 property owners as well as the adjoining property owners. At the recommendation of the Planning Commission, the 46 parcels were organized into three groups and are as follows: Group 1 – Parcels not adjacent nor encapsulated by existing Agricultural Districts Group 2 – Parcels adjacent to existing Agricultural Districts Group 3 – Parcels encapsulated by existing Agricultural Districts Commissioner Thomas inquired what the impact to the 46 parcels is if they would not be included back in the Agricultural and Forestal Districts. Mr. Cheran noted, there would not be any impacts. He continued, if the parcels were in the Land Use Assessment Program there may be tax impacts; however, these 46 parcels are not in the Land Use Assessment Program. Commissioner Thomas asked for clarification on the Agricultural and Forestal District definition. Mr. Cheran reiterated, the Agricultural and Forestal Districts are established to protect Agricultural and Forestal operations, recognizes and promotes our agricultural economy, preserves open space, utilizes a tool in land use actions, and once adopted the Districts become part of the County’s Comprehensive Policy Plan. Commissioner Dunlap noted, in the event we recommend approval of the 46 parcels to be included, his concern is the 200 ft. building setback and would there be any form of relief for these property owners should they want to construct an additional structure and the 200 ft. setback be a factor. Mr. Cheran explained, the relief that would apply is an application for a Variance to the Board of Zoning Appeals (BZA). Commissioner Marston inquired what the minimal amount of acres is for an Agricultural District to exist. Mr. Cheran responded the creation of an Agricultural and Forestal District starts out with a core of 200 acres and within a mile radius of that other property owners may choose to join in. Commissioner Marston asked if taking any of the 46 parcels out would jeopardize the existence of any of the Districts. Mr. Cheran noted, without the 46 parcels in question today, it would leave a total of 11,513 acres in the eight Agricultural and Forestal Districts and all could remain intact. Commissioner Thomas commented, it appears none of these parcels could meet the intent of the Agricultural and Forestal District. He noted, you’re not going to farm on a tenth of an acre, you’re not going to farm on a half-acre that has a house on it, and therefore it would not be preserving farm or forest land. Mr. Cheran explained, when assembling the Agricultural and Forestal Districts that is when all of the 46 parcels in question were included. He noted, knowing the setbacks were changed to Rural Area (RA) study; it did appear it would be a hindrance on adjoining property owners. Commissioner Thomas stated, it appears for those half-acre or even up to 2 acre parcels this would be giving them control of land two and three times the size of the property they own; for example, they may own 1 acre but control 3 or 4 acres of someone else’s property. Mr. Cheran noted, given the setbacks that statement would be correct. Commissioner Crockett commented, looking at the aerial photos provided, most of the 46 parcels appear to be residences. Mr. Cheran concurred; they are mostly single family dwellings. Commissioner Crockett stated, he is in support of preserving agricultural land but also the rights of the adjacent property owners cannot be ignored. Commissioner Marston commented, his concern is the County may be headed down a wrong path should all of the 46 parcels be put back into the Agricultural and Forestal Districts. He stated the clean-up down the road may be lengthy. Chairman Wilmot opened the public hearing to citizen comments. The following citizens came forward to speak. Mr. John Toney of the Back Creek Magisterial District came forward to speak. Mr. Toney presented a photo of the Carter Hall property that has an adjacent property which is part of the 46 parcels being discussed. He commented he does not believe a residence and work shop should qualify to be put in an Agricultural and Forestal District. Chairman Wilmot requested Mr. Cheran identify this parcel (79-A-10F) via the onscreen map. Mrs. Joyce Earhart of the Back Creek Magisterial District came forward to speak. Mrs. Earhart owns the property being referenced by Mr. John Toney. She explained, at the last ADAC meeting it was noted they were not required to be in the Land Use Assessment Program to be a part of an Agricultural District, therefore they do not understand why their parcel was removed. She stated, as an owner of a small parcel and a larger adjoining parcel they feel they should be grand fathered in due to the fact they have been part of the Agricultural and Forestal District for years. She concluded, they respectfully request their property remain in the Agricultural and Forestal District. Ms. Sandra Ritenour of the Opequon Magisterial District and the Double Church Agricultural and Forestal District came forward to speak. Ms. Ritenour explained her property is one of the 46 parcels in question. She noted, she is grateful this decision is being revisited by the County. Ms. Ritenour explained her property was part of the family farm which still surrounds her property. She concluded her request is that the Planning Commission take each parcel individually and reconsider their placement. Mr. Larry Earhart of the Back Creek Magisterial District came forward to comment. He stated his property has been in the district for years and should remain there. He noted the adjacent neighbors had the opportunity to complain or dispute years ago and no one did so; therefore, he feels no one should complain now. Mr. William Schuller of the Shawnee Magisterial District came forward and stated he would like his property to be put back into the Agricultural and Forestal District. Chairman Wilmotasked if there were any other citizens who wished to speak.No one came forward and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Mohn commented he sees the need to look at a lot of these parcels individually. He is concerned with the groupings and wants to be sure what is being viewed graphically is accurate. Mr. Cheran elaborated on the photos noting, they are just an overview and if the parcels are viewed individually the graphics will be accurate. Chairman Wilmot explained the 3 grouping to ensure everyone is clear and asked if there were any questions. There were not questions at that time. Commissioner Thomas commented, Group 1 (not adjacent to or encapsulated by Agricultural District) should notbe included in the Agricultural and Forestal District. He elaborated, Group 2 (adjacent to existing Agricultural District) should be evaluated individually and Group 3 (encapsulated by existing Agricultural District) should be included. Supervisor Hess provided a background of what transpired at the recent Board of Supervisors meeting. He explained, the night of the meeting it was already a couple days past the expiration date for the Agricultural and Forestal Districts. The proposal that was presented and was advertised for the public hearing did not include the 46 parcels. He noted there was no option left for the Board of Supervisors to add any of the 46 parcels back in to the Districts. The Board of Supervisors approved the Agricultural and Forestal Districts with these removed and noted the property owners of the removed 46 parcels had not been notified. Planning Director, Eric R. Lawrence commented, Mr. Hess explained it well. He noted in order to get to tonight all advertisement was complete in all legal aspects, invites were sent to the 46 property owners as well as legal notifications sent to adjacent property owners. Mr. Lawrence noted every effort has been made to make sure the public is properly notified and aware of what is going on. Chairman Wilmot reiterated the Groupings to ensure all Commission Members are clear and able to proceed. Commissioner Marston inquired if a parcel is removed can that parcel be put back in the Agricultural and Forestal District after 5 years. Mr. Cheran responded yes, by going through the process again. Commissioner Thomas made a motion which was seconded by Commissioner Triplett to exclude Group 1(not adjacent or encapsulated by existing Agricultural District) and include Group 3 (encapsulated by existing Agricultural District) in the 2015-2020 Agricultural and Forestal District. BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval toexclude Group 1(not adjacent or encapsulated by existing Agricultural District) and include Group 3 (encapsulated by existing Agricultural District) in the 2015-2020 Agricultural and Forestal District. (Note: Commissioners Oates and Unger were absent from the meeting) The remaining 19 parcels, Group 2 (adjacent to existing Agricultural District) were voted on individually and the results are as follows: PIN(s) 31-A-170 and 31-A-171 A motion was made by Commissioner Mohn, seconded by Commissioner Dunlap and unanimously approved to includethese parcels in the Apple Pie Ridge Agricultural and Forestal District. PIN 85-A-132 A motion was made by Commissioner Mohn, seconded by Commissioner Dunlap and unanimously approved to includethis parcel in the Double Church Agricultural and Forestal District. PIN 44-A-28C Commissioner Thomas clarified the buffer does not extend across the road. Commissioner Kenney noted that not much agriculture activity can take place on this property. Commissioner Mohn commented to leave the property in and the impacts are not severe. A motion was made by Commissioner Mohn, seconded by Commissioner Manuel and passed by majority vote to include this parcel in the Red Bud Agricultural and Forestal District. PIN 55-A-115 A motion was made by Commissioner Thomas, seconded by Commissioner Kenney and unanimously approved to excludethis parcel from the Red Bud Agricultural and Forestal District. PIN 55-A-117 A motion was made by Commissioner Thomas, seconded by Commissioner Kenney and unanimously approved to excludethis parcel from the Red Bud Agricultural and Forestal District. PIN 55-A-14 A motion was made by Commissioner Thomas, seconded by Commissioner Mohn and unanimously approved to excludethis parcel from the Red Bud Agricultural and Forestal District. PIN(s) 55-A-177 and 55-A-178A Commissioner Thomas clarified the buffer does not extend across Valley Mill Road. Commissioner Mohn commented these parcels are contiguous to the Agricultural District and it would be appropriate to keep them in. A motion was made by Commissioner Mohn, seconded by Commissioner Marston and unanimously approved to include these parcels in the Red Bud Agricultural and Forestal District. PIN 44D-2-6 A motion was made by Commissioner Mohn, seconded by Commissioner Manuel and approved by majority vote to includethis parcel in the Red Bud Agricultural and Forestal District. PIN(s) 73-A-27 and 73-A-28 A motion was made by Commissioner Thomas, seconded by Commissioner Triplett and unanimously approved to includethese parcels in the South Frederick Agricultural and Forestal District. PIN 74-A-10F Commissioner Thomas clarified the buffer does not extend across the road. He also noted the property across the road is not developed therefore if included it would give this parcel control of property that is not theirs. A motion was made by Commissioner Dunlap, seconded by Commissioner Triplett and unanimously approved to excludethis parcel from the South Frederick Agricultural and Forestal District. PIN 73-A-34 A motion was made by Commissioner Thomas, seconded by Commissioner Kenney and unanimously approved to exclude this property from the South Frederick Agricultural and Forestal District. PIN(s) 73-A-30 and 73-A-30E A motion was made by Commissioner Thomas, seconded by Commissioner Molden and unanimously approve to includethese parcels in the South Frederick Agricultural and Forestal District. PIN 73-A-30A Commissioner Thomas commented this appears to be a single family dwelling. A motion made by Commissioner Thomas, seconded by Commissioner Molden and approved by majority vote to exclude this parcel from the South Frederick Agricultural and Forestal District. PIN 73-A-64A Commissioner Marston commented he knows this property is completely agriculture. A motion made by Commissioner Marston, seconded by Commissioner Thomas and unanimously approved to includethis parcel in the South Frederick Agricultural and Forestal District. PIN 61-A-44 A motion was made by Commissioner Thomas, seconded by Commissioner Triplett and unanimously approved to includethis parcel in the South Frederick Agricultural and Forestal District. (Note: Commissioners Oates and Unger were absent from the meeting) Property Removed from the 2015-2020 Agricultural & Forestal Districts 01 522 42 A 61 DTS LC 200 Foot Buffer Parcels Agricultural & Forestal District Albin PINOwnerAcresAg & Forestal Districts 42 A 61DTS LC2.50Albin I Note: Frederick County Dept of Planning & Development 00.0250.050.1Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts 85 A 139A SCOTHORN GARY L & STEPHEN P 200 Foot Buffer Parcels Agricultural & Forestal District Double Church District PINOwnerAcresAg & Forestal Districts 85 A 139ASCOTHORN, GARY L & LINDA O1.29Double Church I Note: Frederick County Dept of Planning & Development 00.020.040.08Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts SHENANDOAH VALLEY BATTLEFIELDS 55 A 5B HERRING STACY SHENANDOAH VALLEY BATTLEFIELDS 200 Foot Buffer Parcels Agricultural & Forestal District Red Bud PINOwnerAcresAg & Forestal Districts 55 A 5BHERRING, VERA J1.00Red Bud I Note: Frederick County Dept of Planning & Development 00.020.040.08Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts HERRING STACY 55 A 5D HERRING KEVIN L 200 Foot Buffer Parcels Agricultural & Forestal District Red Bud PINOwnerAcresAg & Forestal Districts 55 A 5DHERRING, KEVIN L1.21Red Bud I Note: Frederick County Dept of Planning & Development 00.020.040.08Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts 61 A 23A BHS LC 200 Foot Buffer Parcels Agricultural & Forestal District South Frederick District PINOwnerAcresAg & Forestal Districts 61 A 23ABHS, LC1.00South Frederick I Note: Frederick County Dept of Planning & Development 00.0250.050.1Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts BHS LC 61 A 29 BHS LC BHS LC 61 A 29 200 Foot Buffer Parcels Agricultural & Forestal District South Frederick District PINOwnerAcresAg & Forestal Districts 61 A 29BHS, LC1.25South Frederick I Note: Frederick County Dept of Planning & Development 00.0250.050.1Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts 74 A 15 Stephens City HUMPHRIES CHERYL W 200 Foot Buffer Parcels Agricultural & Forestal District South Frederick District PINOwnerAcresAg & Forestal Districts 74 A 15HUMPHRIES, CHERYL W. & PAMELA LEWIS3.00South Frederick I Note: Frederick County Dept of Planning & Development 00.020.040.08Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts HUMPHRIES CHERYL W Stephens City 74 A 14 74 A 15A BARLEY MARY KLINE 200 Foot Buffer Parcels Agricultural & Forestal District South Frederick District PINOwnerAcresAg & Forestal Districts 74 A 14HUMPHRIES, CHERYL W.2.00South Frederick 74 A 15AHUMPHRIES, CHERYL W.1.23South Frederick I Note: Frederick County Dept of Planning & Development 00.0250.050.1Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts 72 A 83 MEAGHER CONSTANCE M 200 Foot Buffer Parcels Agricultural & Forestal District South Frederick District PINOwnerAcresAg & Forestal Districts 72 A 83MEAGHER, CONSTANCE M0.50South Frederick I Note: Frederick County Dept of Planning & Development 00.020.040.08Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts 26 A 61A CLW HOLDINGS LLC 200 Foot Buffer Parcels Agricultural & Forestal District South Timber Ridge PINOwnerAcresAg & Forestal Districts 26 A 61ACLW HOLDINGS LLC2.00South Timber Ridge I Note: Frederick County Dept of Planning & Development 00.0150.030.06Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts HALL DWAYNE N 85 A 33 LAYMAN EARL L LAYMAN EARL L MANGUM PROPERTIES LLC MANGUM PROPERTIES LLC 0 1 11 200 Foot Buffer Parcels Agricultural & Forestal District Double Church District PINOwnerAcresAg & Forestal Districts 85 A 33JUDD, JESSIE F0.37Double Church I Note: Frederick County Dept of Planning & Development 00.0150.030.06Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts 0 1 11 FLETCHER THEODORE M SIEVER ROGER DALE 85 A 25 NEELD JOSEPH A 200 Foot Buffer Parcels Agricultural & Forestal District Double Church District PINOwnerAcresAg & Forestal Districts 85 A 25SIEVER, ROGER DALE0.50Double Church I Note: Frederick County Dept of Planning & Development 00.0150.030.06Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts GORE FRED B ET ALS 86 A 230A DALE DENNIS M GORE JEFFREY M 200 Foot Buffer Parcels Agricultural & Forestal District Double Church District PINOwnerAcresAg & Forestal Districts 86 A 230AGORE, JEFFERY M & JOSEPH F0.97Double Church I Note: Frederick County Dept of Planning & Development 00.0250.050.1Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts BROWN LAURA H GORE JEFFREY M GORE LACEE J 86 A 231 WHITE HOWARD W GORE JEFFREY M BRANNON REBECCA W 200 Foot Buffer Parcels Agricultural & Forestal District Double Church District PINOwnerAcresAg & Forestal Districts 86 A 231GORE, FRED B ET ALS2.50Double Church I Note: Frederick County Dept of Planning & Development 00.0250.050.1Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts HELSLEY PEGGY V HELSLEY PEGGY V 86 A 245 LACEY JOHN M 200 Foot Buffer Parcels Agricultural & Forestal District Double Church District PINOwnerAcresAg & Forestal Districts 86 A 245BOOTH, JOHN H. & VIRGINIA G.0.50Double Church I Note: Frederick County Dept of Planning & Development 00.020.040.08Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts CLEVENGER NELSON R 86 A 264 86 A 264A 200 Foot Buffer Parcels Agricultural & Forestal District Double Church District PINOwnerAcresAg & Frestal Districts 86 A 264RITENOUR, SHIRLEY0.50Double Church 86 A 264ARITENOUR, SHIRLEY0.53Double Church I Note: Frederick County Dept of Planning & Development 00.020.040.08Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts 86 A 33 MADAGAN STUART M TRUSTEE 200 Foot Buffer Parcels Agricultural & Forestal District Double Church District PINOwnerAcresAg & Forestal Districts 86 A 33STELZL, BETTY R0.12Double Church I Note: Frederick County Dept of Planning & Development 00.020.040.08Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts CRIDER & SHOCKEY INC OF WV SHENANDOAH VALLEY BATTLEFIELDS 43 A 159 REDBUD RD 200 Foot Buffer Parcels Agricultural & Forestal District Red Bud PINOwnerAcresAg & Forestal Districts 43 A 159R & J LAND DEVELOPMENT, LLC2.00Red Bud I Note: Frederick County Dept of Planning & Development 00.0250.050.1Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts SEIPEL WAYNE D SUPREME COUNCIL OF THE HOUSE SEIPEL WAYNE D 55 A 118 55 A 118 COMMONWEALTH-OF VIRGINIA BOARD OF GAME AND INLAND FISHERIES 200 Foot Buffer Parcels Agricultural & Forestal District Red Bud PINOwnerAcresAg & Forestal Districts 55 A 118STULTZ, DAWN M1.13Red Bud I Note: Frederick County Dept of Planning & Development 00.020.040.08Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts BOYD ROBERT S JR 62 A 27 COPENHAVER WILLIAM RICHARD 200 Foot Buffer Parcels Agricultural & Forestal District South Frederick District PINOwnerAcresAg & Forestal Districts 62 A 27COPENHAVER, WILLIAM R1.30South Frederick I Note: Frederick County Dept of Planning & Development 00.020.040.08Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts 61 A 44 SNAPP R WAYNE ETALS SNAPP R WAYNE ETALS 61 A 43E 200 Foot Buffer Parcels Agricultural & Forestal District South Frederick District PINOwnerAcresAg & Frestal Districts 61 A 43EMELBY, CAROL J1.00South Frederick 61 A 44SNAPP, JOSEPH DAVISON2.20South Frederick I Note: Frederick County Dept of Planning & Development 00.0250.050.1Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts HARRAH DANNY HUESTON 73 A 38 PALMER RONALD S RICHARDS FRUIT MARKET LLC 200 Foot Buffer Parcels Agricultural & Forestal District South Frederick District PINOwnerAcresAg & Forestal Districts 73 A 38ORNDORFF, MARK A & ROXANNA M3.57South Frederick I Note: Frederick County Dept of Planning & Development 00.020.040.08Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts BANKS JAY STEVEN SIMPSON JOHN I 73 12 11 LILLY STEVEN LEE 200 Foot Buffer Parcels Agricultural & Forestal District South Frederick District PINOwnerAcresAg & Forestal Districts 73 12 11MURPHY, CHARLES R & VICKY O2.86South Frederick I Note: Frederick County Dept of Planning & Development 00.020.040.08Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts SIMPSON JOHN I SIMPSON JOHN I KIM SUE CORP BRIM STEPHEN DUBOIS ETALS GRIST JOHN D PAINTER MARK C 73 12 26 73 12 23 JENNINGS BARBARA H HERSHMAN CECELIA A TONEY LUCINDA A TRUSTEE ETALS 200 Foot Buffer Parcels Agricultural & Forestal District South Frederick District PINOwnerAcresAg & Forestal Districts 73 12 23HLAVINKA, DAVID D & PATRICIA E2.98South Frederick 73 12 26MENEFEE, DAVID & JULIE2.29South Frederick I Note: Frederick County Dept of Planning & Development 00.0250.050.1Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts DEHAVEN RICHARD A 31 A 170 BHS LC 31 A 171 200 Foot Buffer Parcels Agricultural & Forestal District Apple Pie Ridge PINOwnerAcresAg & Forestal Districts 31 A 170FRUIT HILL ORCHARD INC0.34Apple Pie Ridge 31 A 171FRUIT HILL ORCHARD INC1.07Apple Pie Ridge I Note: Frederick County Dept of Planning & Development 00.0250.050.1Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts GUARD RALPH P ETALS 85 A 132 RITENOUR FARM L P 200 Foot Buffer Parcels Agricultural & Forestal District Double Church District PINOwnerAcresAg & Forestal Districts 85 A 132RITENOUR, SANDRA R3.67Double Church I Note: Frederick County Dept of Planning & Development 00.0250.050.1Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts JOBE ALLEN B 44 A 28C 44 A 28C BODEN ROBERT R JR HOLLIDAY MARTHA OMPS WILLIS DONNA MARIE 200 Foot Buffer Parcels Future Route 37 Bypass Agricultural & Forestal District Red Bud PINOwnerAcresAg & Forestal Districts 44 A 28CBODEN, ROBERT R. JR. & MARSHA4.30Red Bud I Note: Frederick County Dept of Planning & Development 00.0250.050.1Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts BIG O PARTNERSHIP WILLIS DONNA MARIE 44D 2 6 SNAPP RONALD G 200 Foot Buffer Parcels Agricultural & Forestal District Red Bud PINOwnerAcresAg & Forestal Districts 44D 2 6WILLIS, CHARLES I.2.37Red Bud I Note: Frederick County Dept of Planning & Development 00.020.040.08Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts GREGG DAVID M KECKLEY LINDA FAY HARRIS EMMA ET ALS 55 A 14 ANGSTADT AARON N 200 Foot Buffer Parcels Agricultural & Forestal District Red Bud PINOwnerAcresAg & Forestal Districts 55 A 14LAM, ERNEST L2.00Red Bud I Note: Frederick County Dept of Planning & Development 00.020.040.08Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts AMBERS LANDON A SUPREME COUNCIL OF THE HOUSE GRIMES CAROLYN LEE BOYD CHARLES E 55 A 115 55 A 117 SUPREME COUNCIL OF THE HOUSE JENKINS JEFFREY G COMMONWEALTH-OF VIRGINIA BOARD OF GAME AND INLAND FISHERIES 200 Foot Buffer Parcels Agricultural & Forestal District Red Bud PINOwnerAcresAg & Forestal Districts 55 A 115JENKINS, JEFFREY G1.75Red Bud 55 A 117R & J LAND DEVELOPMENT, LLC4.33Red Bud I Note: Frederick County Dept of Planning & Development 00.020.040.08Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts SCHULLER WILLIAM H SR 55 A 178A 55 A 177 RACEY CHARLES RICHARD 200 Foot Buffer Parcels Agricultural & Forestal District Red Bud PINOwnerAcresAg & Forestal Districts 55 A 177SCHULLER, WILLIAM HAMPTON JR0.38Red Bud 55 A 178ASCHULLER, WILLIAM H SR & GENEVIEVE1.28Red Bud I Note: Frederick County Dept of Planning & Development 00.0250.050.1Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts 61 A 44 SNAPP R WAYNE ETALS SNAPP R WAYNE ETALS 61 A 43E 200 Foot Buffer Parcels Agricultural & Forestal District South Frederick District PINOwnerAcresAg & Frestal Districts 61 A 43EMELBY, CAROL J1.00South Frederick 61 A 44SNAPP, JOSEPH DAVISON2.20South Frederick I Note: Frederick County Dept of Planning & Development 00.0250.050.1Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts WOODBINE FARMS INC WHITACRE SUSAN BRUMBACK TRUSTEE 73 A 64A 200 Foot Buffer Parcels Agricultural & Forestal District South Frederick District PINOwnerAcresAg & Forestal Districts 73 A 64ADILLENDER, HOLLY B & SAMUEL C JR2.32South Frederic I Note: Frederick County Dept of Planning & Development 00.020.040.08Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts SNYDER LANNY EUGENE 73 A 34 JUDD SCOTT W CATLETT DUANE W WEDDLE ARVIN A KARCHE SUSAN A 200 Foot Buffer Parcels Agricultural & Forestal District South Frederick District PINOwnerAcresAg & Forestal Districts 73 A 34HAMILTON, CHARLES A.4.80South Frederick I Note: Frederick County Dept of Planning & Development 00.0250.050.1Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts ANDERSON PAUL G JR ANDERSON MICHAEL P ETALS 73 A 28 ANDERSON PAUL G JR JACKSON JANET M 73 A 27 RAUSER DAVID M OSCAR GALEN E 200 Foot Buffer Parcels Agricultural & Forestal District South Frederick District PINOwnerAcresAg & Forestal Districts 73 A 27COOLEY, MARTHA4.00South Frederick 73 A 28RIDINGS, L VERNON RESIDUAL TRUST4.00South Frederick I Note: Frederick County Dept of Planning & Development 00.0250.050.1Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts PHILLIPS DEBORAH A 73 A 30A ROSENBERRY MARLIN 73 A 30E RINKER DUDLEY H 73 A 30 RIDINGS L VERNON RESIDUAL TRUST LOY RICHARD A JEFFRIES THOMAS H JR 200 Foot Buffer Parcels Agricultural & Forestal District South Frederick District PINOwnerAcresAg & Forestal Districts 73 A 30RINKER, DUDLEY H.4.83South Frederick 73 A 30ANOFFKE, KENTON L & KATHY C1.71South Frederick 73 A 30ERINKER, DUDLEY H.1.01South Frederick I Note: Frederick County Dept of Planning & Development 00.0250.050.1Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Property Removed from the 2015-2020 Agricultural & Forestal Districts 74 A 10F TONEY LUCINDA A TRUSTEE ET ALS EARHART LARRY L 200 Foot Buffer Parcels Agricultural & Forestal District South Frederick District PINOwnerAcresAg & Forestal Districts 74 A 10FEARHART, LARRY L & JOYCE C1.46South Frederick I Note: Frederick County Dept of Planning & Development 00.0250.050.1Miles 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2015 Attachment 5 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF MEETING June 8, 2015 RE: AGRICULTURAL AND FORESTAL DISTRICTS On May 27, 2015, the Frederick County Board of Supervisors adopted the eight 2015-2020 Agricultural and Forestal Districts totaling 11,425 acres. 46 parcels totaling 87 acres were not included in the adopted Agricultural and Forestal Districts. The 46 parcels were each less than 5 acres in size and were not participants in the County’s Land Use Assessment program. The Board of Supervisors has requested that each of these parcels be given further consideration, and that the property owners be given an opportunity to participate in the evaluation. On behalf of the Frederick County Agricultural Advisory Committee (ADAC), you are hereby notified of a meeting being held on Wednesday, June 24, 2015, at 6:00 p.m. The meeting will be held in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting will consider the inclusion of additional parcels into the recent adopted 2015-2020 Agricultural and Forestal Districts. The county’s Agricultural and Forestal District program is intended to recognize promote and protect our agricultural economy. One strategy utilized to protect agricultural operations is an ordinance requirement that establishes a 200-foot building setback against the agricultural district; essentially working to minimize impacts on agricultural activities from non-agricultural structures. In February 2015, the ADAC found that parcels less than 5 acres, not within the Land Use Assessment program, and in an Agricultural District, could be placing unintended restrictions on adjacent properties. Therefore, the ADAC recommended that such properties not be included in the Agricultural District. Attached include those properties which you own, which you had previously submitted for inclusion in the Agricultural and Forestal District program, but which were not included in the updated Districts on May 27, 2015. The map also illustrates the setback buffer and its impact on adjoining properties. If you no longer wish for your parcels to be considered for inclusion in the Agricultural and Forestal District, please notify us at 540-665-5651 or via e-mail at MCheran@fcva.us. If you do wish for the continual consideration of these parcels to be included in the Agricultural and Forestal District program, we would welcome your participation in the meeting on June 24, 2015, as noted above. Sincerely, Mark R. Cheran Zoning and Subdivision Administrator Attachment(s) MRC/pd 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000