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HomeMy WebLinkAbout028-20 (2020-2025RedBudAgAndForestalDistrictRenewal) RENEWAL Action: PLANNING COMMISSION: August 5, 2020 - Recommended Approval �raa BOARD OF SUPERVISORS: September 9, 2020 - APPROVED 2020-2025 RENEWAL OF THE RED BUD AGRICULTURAL & FORESTAL DISTRICT WHEREAS, the Code of Virginia requires localities every five years to evaluate, add, renew, or remove properties from its Agricultural &Forestal Districts, and to renew the District. Therefore, the 2020-2025 renewal of the Red Bud Agricultural&Forestal District was updated and considered. The renewed District will contain 1,147.20+/-acres. The properties are located along Red Bud Road and are identified by Property Identification Numbers 43-A-154,43-A-155,43-A-159, 43-A-159A, 44-A-28A,44-A-28C,44-A-28D,44-A-28G,44D-2-6,54-A-1,54-A-1B,54-A-IC, 54-A-86,54-A- 87, 54-A-88, 54-A-89C, 54-A-90,54-A-99F,54-A-99P, 54-A-99Q,54-A-99R, 54-A-99S,55-A-3, 55-A-4,55-A-5,55-A-5A,55-A-5B,55-A-5C,55-A-5D,55-A-6,55-A-7,55-A-7A,55-A-7B,55-A- 7C,55-A-7D,55-A-7E,55-A-8,55-A-12,55-A-12A,55-A-18,55-A-19,55-A-20,55-A-21,55-A- 109B, 55-A-115, 55-A-117, 55-A-138, 55-A-139, 55-A-129A, 55-A-151, 55-A-151A, 55-A-152, 55-A-177, 55-A-178, 55-A-178A, 55-A-179, 55-A-181A, 55-A-181B, and 56-A-18A in the Stonewall Magisterial District. WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this district renewal at their meeting on June 25, 2020 and recommended approval; and WHEREAS, the Planning Commission held a public hearing and recommended approval of the renewal of the 2020-2025 Red Bud Agricultural &Forestal District on August 5, 2020; and WHEREAS,the Board of Supervisors held a public hearing on this renewal of the 2020-2025 Red Bud Agricultural &Forestal District on September 9, 2020; and WHEREAS,the Frederick County Board of Supervisors finds the renewal of the 2020-2025 Red Bud Agricultural&Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts and renews the 2020-2025 Red Bud Agricultural &Forestal District containing 1,147.20+/-acres in the Stonewall Magisterial District, with an expiration date of September 9,2025. The Agricultural &Forestal District is as described on the attached map and the attached property owner table. This ordinance shall be in effect on the day of adoption. Passed this 9th day of September 2020 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Judith McCann-Slaughter Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Gene E. Fisher Aye Robert W. Wells Aye Blaine P. Dunn Aye A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRes. #37-20 BOS Res. #028-20 .f v COUNTY of FREDERICK Department of Planning and Development i�B'Z 540/665-5651 Fax: 540/665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Marls R Cheran, Zoning Administrator RE: Public Hearing: 2020-2025 Agricultural and Forestal Districts Renewal and Additions DATE: August 28, 2020 This is a public hearing for the five-year 2020-2025 update for the County's Agricultural and Forestal Districts as well as the proposed creation of two new districts. Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, requires that Agricultural and Forestal Districts be reviewed and by the local government every five years after establishment and requires review and approval of proposed new districts. 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 or renew districts to ensure conformity with the provisions of Section 15.2-433. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the proposal to establish or renew an Agricultural and Forestal District. In working with members of the community and the Extension Services, Staff has circulated forms for the renewal of, additions to and deletions from, the Agricultural and Forestal Districts to the property owners. These forms are important aspects of the Agricultural and Forestal District Program; the program is voluntary, enabling property owners the right to participate should they be interested. The proposed renewals and new districts are as follows: 2015-2020 Acreage 2020-2025 Acreage Tgal Farcel_s___ District_ Albin 1014.00 1014.0014 Gainesboro Apple Pie 889.00 889.00 34 ST/GB Double Church _ 889.85 954.90 24 Qpequon Green Spring 385.63 385.63� 2 Gainesboro Red Bud 1,007.34 1,147.20 60 Stonewall South Frederick 5,764.21 6,694:42 153Back Creek South Timber Ridge 981.08 981.08 17 _ Gainesboro Back Mountain - 489.91 1 Back Creek Reliance - - 203.005 Opeq;uon — 107 North Kent Street, Suite 202 •Winchester, Virginia 22601-5 000 2020-2025 Agricultural and Forestal Districts August 26, 2020 Page 2 The Agricultural District Advisory Committee (ADAC) met on June 25, 2020, and unanimously recommended the creation of the two new districts and the renewal of the seven existing districts. The Planning Commission held a public hearing on August 5, 2020. There were no public comments and the Commission unanimously recommended approval of the updated seven existing districts and the creation of the two new districts. The following items are included in your agenda: 1) Update of the 2020-2025 Albin, Apple Pie Ridge, Double Church, Green Spring, Red Bud, South Frederick, South Timber Ridge Agricultural and Forestal District. 2) Creation of the Back Mountain Agricultural and Forestal District. 3) Creation of the Reliance Agricultural and Forestal District. Please contact Staff if you have questions or need additional information. COQ 2020-2025 AGRICULTURAL &FORESTAL DISTRICT UPDATE RED BUD DISTRICT k Staff Report for the Board of Supervisors Prepared: August 27,2020 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Agricultural District Advisory Committee, Planning Commission, and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to other interested in this matter. Reviewed Action Agricultural District Advisory Committee: 06/25/20 Recommended Approval Planning Commission: 08/05/20 Recommended Approval Board of Supervisors: 09/09/20 Pending PROPOSAL: To update and renew the 2020-2025 Red Bud Agricultural and Forestal District. LOCATION AND SIZE: This District is located within the Stonewall Magisterial District and currently contains 1,007.34+/- acres. The District is generally located along Red Bud Road. With this renewal,five parcels have requested to be removed from the District, totaling 44.85-1-/- acres. Eighteen parcels have requested to be added to the District, totaling 184.71 +/- acres. The total acreage of the District after considering additions and subtraction would be increased from 1,007.34+/-acres to 1,147.20+/- acres. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/09/20 BOARD OF SUPERVISORS MEETING: This is a request to the Frederick County Board of Supervisors to update and renew the Red Bud Agricultural and Forestal District. Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, requires that these Districts be reviewed by the local government every five years after establishment. The Red Bud Agricultural and Forestal District during the last renewal consisted of 1,007.34+/-acres. This proposed District renewal meets the intent of Chapter 43, Section 15.2-433 of the Code of Virginia, 1950, as amended, and has been evaluated in conjunction with the 2035 Comprehensive Plan. This renewal 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 2025. With this update the acreage will be increased by 139.86 acres; five parcels are being removed and eighteen added. Once renewed the 2020-2025 Red Bud Agricultural and Forestal District will consist of 60 parcels that total 1,147.20+/- acres and will be valid until August 12, 2025. UItimately, the Board of Supervisors approves, approves with modifications, or denies the proposal to establish or renew an Agricultural and Forestal District. The Agricultural District Advisory Committee (ADAC) unanimously recommended approval of the 2020-2025 Red Bud Agricultural and Forestal District at their meeting on June 25, 2020. The Planning Commission unanimously recommended approval of the 2020-2025 Red Bud Agricultural and Forestal District at their meeting on August 5,2020. Following a public hearing,Board of Supervisors action on this application would be appropriate. Page 2 Red Bud Agricultural and Forestal District Renewal August 27, 2020 REVIEW EVALUATIONS: LOCATION AND SIZE: This District is located within the Stonewall Magisterial District and currently contains 1,007.34+/- acres. The District is generally located along Red Bud Road. With this renewal, five parcels have requested to be removed from the District, totaling 44.85+/- acres. Eighteen parcels have requested to be added to the District, totaling 184.71 +/- acres. The total acreage of the District after considering additions and subtraction would be increased from 1,007.34+/- acres to 1,147.20+/- acres. AGRICULTURAL & FORESTAL SIGNIFICANCE: The predominantly agricultural operations in the District are 75 percent agriculture (livestock, horses, and crop harvest) and 25 percent open space/woodlands. The area within the District is rural in nature. LAND USE: All parcels within the District contain agricultural or residential land uses. COMPREHENSIVE PLAN: The 2035 Comprehensive Plan of Frederick CountX provides guidance when considering land use actions. The District lies in an area that is outside the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The area is located within the limits of the Northeastern Land Use Plan. Approximately half of the District is designated as a Developmentally Sensitive Area in the Northeast Land Use Plan. The remaining parcels have no land 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 UDA. The Comprehensive Plan can accomplish this by promoting the inclusion of additional land in Agricultural and Forestal District. The Plan supports the addition/renewal of the Districts, for it provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations,while providing reserve of agricultural land through 2025. LAKES/PONDS/STREAMS: The District lies primarily within the Redbud Run drainage area,and partially within the Hiatt Run drainage area. The District will assist with managing the quality of the County's water resources. TOPOGRAPHY: The District generally varies from a broad rolling valley to the west of Devils Backbone, to very steep forested land on the eastern parcels and along Redbud Run. This District is within the Redbud Run watershed and water is available from ponds, wells and springs. Most of the soils, with the exception of those on the steeper slopes, are suited to a wide variety of farm uses. These steeper slopes are mostly forested and are heavily wooded. Most of the area is in pasture, cultivated crops and hay with few woodland areas. PRIME AGRICULTURE SOIL: There is a limited amount of prime agricultural soils located within the District,which are Blairton, Carbo, Frederick, Guernesy and Massanetta. r�`��. a• � �,i • � 4� ��, r1 111 '�• . gin: �s. ♦ ;._ • •, . • 'n"i',"„�u', ���, ��' �,� �tr• ..�.V i. �`r � ��� �'r y--_!�e�rnr�ll�!'re�li4�y+'.t+.��r�i vi/i I ^� �r—O t9ll�tt��ee �s� �ir�uL� Iria�"►+. 'AO♦ I � #i n+lp'i a•y3'`� �i�a�'rC aum` 4• � G Ma'. El MA ��WV ,: +i4. 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