Loading...
HomeMy WebLinkAbout031-20 (2020-2025BackMountainAgAndForestalDistrictEstalblishmentOf) C ESTA13LISHMENT CGU} Ing Action: PLANKING COMMISSION: August 5, 2020 Public Hearing Held,Recommended Approval BOARD OF SUPERVISORS: September 9, 2020 Approved ESTABLISHMENT OF THE SACK MOUNTAIN AGRICULTURAL & FORESTAL DISTRICT WHEREAS, Frederick County received a request to create and establish a new Agricultural and Forestal District to be named the Back Mountain Agricultural&Forestal District that would consist of 489.91 acres,was considered. The property fronts Back Mountain Road(Route 600)and borders the Mountain Falls Subdivision to the west and is identified by Property Identification Number 58- A-32D in the Back Creek Magisterial District; and WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this request at their meeting on June 25, 2020 and recommended approval; and WHEREAS, the Planning Commission held a public hearing and recommended approval of the creation and establishment of the new Back Mountain Agricultural&Forestal District on August 5, 2020; and WHEREAS,the Board of Supervisors held a public hearing for the creation and establishment of the new Back Mountain Agricultural & Forestal District on September 9, 2020; and WHEREAS,the Frederick County Board of Supervisors finds the creation and establishment of this new Back Mountain 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 creates and establishes the Back Mountain Agricultural&Forestal District consisting of 489.91+/-acres in the Back Creek Magisterial District, with an expiration and renewal date of September 9,2025. This Agricultural &Forestal District is as described on the attached map. 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 Gene F. Fisher Aye J. Douglas McCarthy Aye Shawn L. Graber Aye Robert W. Wells Aye Blaine P. Dunn Aye A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRes.#40-20 BOS Res. #031-20 z -r COUNTY of FREDERICK Department of Planning and Development 5401665-5651 Fax: 540/665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Mark 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: _2015-202.0 Acreage 202.0-2025 Acreage Total Parcels District_ Albin 1014.00 1014.00 14 Gainesboro Apple Pie ----- 889.00 889.00 34 -ST/GB Double Church 889.85 954.90 24 ©pecluon Green Spring_ 385.63 3_8_5.63 2 Gainesboro Red Bud 1,007.34 1,147.20 60 _Stonewall South Frederick 5,754.21 6,694.42 153 Back Creek South Timber Ridge 981.08 981.08 17 Gainesboro Back Mountain - 489.91 _1 Back Creek elia _ Rnce � — 203.00 5 ppecluon 107 North Dent Street, Suite 202 • Winchester, Virginia 22601-5000 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. 2020-2025 AGRICULTURAL & FORESTAL DISTRICT UPDATE BACK MOUNTAIN DISTRICT—PROPOSED NEW DISTRICT Staff Report for the Board of Supervisors ® Prepared: August 27,2020 "a Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the 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 create a new Agricultural and Forestal District—"2020-2025 Back Mountain Agricultural and Forestal District". LOCATION AND SIZE: The proposed District is Iocated within the Back Creek Magisterial District and fronts Back Mountain Road (Route 600) and borders the Mountain Falls Subdivision to the west. This proposed District would consist of one parcel that totals 489.91+/- acres. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/09/20 BOARD OF SUPERVISORS MEETING: This is a request for the creation of the new Back Mountain Agricultural and Forestal District, comprising a total of 489.91+/- acres. This District meets the intent of Chapter 43, Section 15.2- 433 of the Code of Vir ig nia, 1950, as amended, and has been evaluated in conjunction with the 2035 Comprehensive Plan. This creation 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. Once created the 2020-2025 Back Mountain. Agricultural and Forestal District will consist of 489.91+/- acres and will be valid until August 12, 2025. Ultimately, 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) considered this request during their meeting on June 25, 2020. The ADAC unanimously recommended that the one parcel totaling 489.91+/- acres be established as the 2020-2025 Back Mountain Agricultural and Forestal District. The Planning Commission considered this request during their meeting on August 5, 2020. The Planning Commission unanimously recommended that the one parcel totaling 48991+/- acres be established as the 2020-2025 Back Mountain Agricultural and Forestal District. Following a public hearing, Board of Supervisors action on this application would be appropriate. Page 2 Back Mountain Agricultural and Forestal District Renewal July 23, 2020 REVIEW EVALUATIONS: LOCATION AND SIZE: The proposed District is located within the Back Creek Magisterial District and fronts Back Mountain Road (Route 600) and borders the Mountain Falls Subdivision to the west. This proposed District would consist of one parcel that totals 489.91+/- acres. AGRICULTURAL & FORESTAL SIGNIFICANCE: The District is 80 percent agriculture (livestock and crop harvest) and 20 percent mature woodlands. The area within the District is rural in nature. LAND USE and ZONING: The use of the parcel is agricultural and residential. The parcel of this District is currently zoned RA (Rural Areas)Zoning District. The surrounding properties are zoned RA (Rural Areas) District and R-5 (Residential Recreational Community)District. COMPREHENSIVE PLAN: The 2035 Comprehensive Plan of Frederick County (Comp 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 land use plan or study by the County. The land use within this proposed District of 489.91+/- acres is residential and agricultural. The current land use should remain in its present land use of pristine condition with land use of agricultural, and residential. 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 flan can accomplish this by promoting the inclusion of additional land in Agricultural and Forestal District. The Comprehensive Plan support the additions and 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 the year 2025. LAKES/PONDS/STREAMS: The District lies primarily within the Cedar Creek drainage area. The establishment of this District will further assist with managing the quality of the County's water resources. There is a large pond on the parcel. TOPOGRAPHY: The District generally varies from broad rolling hills to the west and, gently rolling hills to the north and east. This District lies within the Cedar Creek watershed and water is available from ponds, streams, and springs. Most of the area within the District is in pasture, livestock, and woodland. PRIME AGRICULTURE SOIL: The largest amount of prime agricultural soils located within the District is identified as Hazleton. 2020-2025 Sack Mountain Establishment Agricultural & Forestal District NCT ?:? r -(� �� \' 'ffG'' Pty _ •.� fro; ^` ry SPS. sx VO Ab 4 Establishment CDParcels PIN Owner Acres 58 A 32D HULVER,GREGORY&HULVER, MICHAEL 4$9.91 Nota: Frederick County Dept of Planning&Development 107 N Kent St.Suite 202°Winchester,VA 22601 540-665-5651 0 0.125 0.25 0.5 Miles Map Created,June 12,2020 June 3, 2020 Frederick County Department of Planning c/o Mark Cheran,Zoning Administrator 107 N. Kent Street Winchester, VA 22601 RE; Proposed Back Mountain Agricultural and Forestal District Dear Mr.Cheran, We are the owners of a 489.1 acre parcel of land located on Back Mountain Road and identified as Frederick County tax neap parcel 58-A-32D. We would like to submit the property to be added to the County's Agricultural and Forestal District program. Currently, we run 100 head of cattle on the property and produce hay as well. In addition,the property is a certified tree farm. We are currently located several miles from the nearest existing Agricultural and Forestal District, so we request that Frederick County consider the creation of the Back Mountain Agricultural and Forestal District with our property. The attached map identifies the location of our property along with the relevant County information. If you need any additional information,please let us know. Sincerely, 07wu,,��ern RECEIVED 7 Gregory Hulver&Michael Hulver JUN - 4 2020 4402 Back Mountain Road Winchester, VA 22602 FREDERICK COUNTY (540) 336-3723 PLANNING AND DEVELOPMENT Proposed Back Mountain Agricultural and Forestal District Fa. �a 9 'y B f Mountain falls ,, F k .. J _ Proposed Agricultural d ti ��. and Forestal District .��moa C r" Owners Tax Map AcreajZe Gregory Hulver& 58-A-32D 489.1 Michael Hulver 4402 Back Mountain Road Winchester,VA 22602