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Home My WebLink About069-21 (SouthFrederickAg&ForestalDistrictAddition) ADDITION Action: PLANNING COMMISSION: January 20, 2021 Recommended Approval BOARD OF SUPERVISORS: February 10, 2021 Approved ADDITION TO THE SOUTH FREDERICK AGRICULTURAL & FORESTAL DISTRICT WHEREAS, Frederick County received a request to include one parcel totaling 200.00+/- acres into the South Frederick Agricultural &Forestal District;this parcel is identified by Property Identification Number 74-A-3. This District is located within the Back Creek Magisterial District and currently contains 6,694.42+/- acres. It is generally located along Cedar Creek Grade(Route 622), Middle Road (Route 628), Marlboro Road (Route 63 1) and Hites Road (Route 625); and WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this request at their meeting on December 15, 2020 and recommended approval; and WHEREAS,the Planning Commission held a public hearing for this request at their meeting on January 20, 2021 and recommended approval; and WHEREAS,the Board of Supervisors held a public hearing for this request at their regularly schedule meeting on February 10, 2021; and WHEREAS, the Frederick County Board of Supervisors finds the addition of Property Identification Number 74-A-3 totaling 200.00 -/- acres into the South Frederick Agricultural and 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 includes Property Identification Number 74-A-3 totaling 200.00+/-acres into the South Frederick Agricultural&Forestal District,with an expiration and renewal date of September 9, 2025. This addition increases the size of the South Frederick Agricultural and Forestal District to 6,894.42+/- acres. This Agricultural & Forestal District is as described on the attached snap. This ordinance shall be in effect on the day of adoption. Passed this 10th day of February 2021 by the following recorded vote: RES# 069-21 Charles S. DeHaven, Jr., Chainnan Aye Blaine P. Dunn Aye Shawn L. Graber Aye David D. Steginaier Aye J. Douglas McCarthy Aye Judith McCann-Slaughter Aye Robert W. Wells Aye A COPY ATTEST Kris . Time Frederick County Administrator RES#069-21 ' COUNTY of FREDERICK Department of Planning and Development ac,n, 540/665-5651 Fax: 5401665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Mark R. Cheran,Zoning Administrator RE: 2020-2025 South Frederick Agricultural and Forestal District Request to Add Property Identification Number(PIN) 74-A-3 for West Oaks Farm Market,LLC DATE: January 25, 2021 Please find attached an application from West Oaks Farm Market, LLC, dated October 30, 2020, seeking to add one parcel totaling 200.00+/- acres to the South Frederick Agricultural and Forestal District. The South Frederick Agricultural and Forestal District was established in 1980 and was renewed for a period of five years on September 9, 2020. Currently, the district contains 6,694.42+/- acres. If approved, this addition would increase the South Frederick Agricultural and Forestal District to 6,894.42+/- acres. Section. 15.2-4314 of the Code of Virizinia, 1950as amended provides property owners with the ability to request to add land to the Agricultural and Forestal District through a public process via the local governing body. The Agricultural District Advisory Committee (ADAC) considered this request at their meeting on December 15, 2020. The ADAC unanimously recommended approval of the addition to the South Frederick Agricultural and Forestal District. The Planning Commission unanimously recommended approval of the addition at their meeting on January 20, 2021. This request is presented to the Board of Supervisors for public hearing. Staff is seeking a decision from the Board of Supervisors on this request to add 200.00+/- acres to the South Frederick Agricultural and Forestal District. Please find attached to this memo: 1. Staff Report 2. Maps delineating the location of this addition and its proximity to other properties within the South Frederick Agricultural and Forestal District 3. Applicant Request letter Please contact staff if you have any questions or need additional information. MRC/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 2020-2025 AGRICULTURAL& FORESTAL DISTRICT w *� SOUTH FREDERICK DISTRICT ADDITION Pod, Staff Report for the Board of Supervisors Prepared: January 29,2021 y 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: 12/15/20 Recommended Approval Planning Commission: 01/20/21 Recommended Approval Board of Supervisors: 02/10/21 Pending PROPOSAL: A request to add one parcel totaling 200.00+/- to the South Frederick Agricultural and Forestal District. LOCATION AND SIZE: This District is located within the Back Creek Magisterial District and currently contains 6,694.42+/- acres. It is generally located along Cedar Creek Grade (Route 622), Middle Road (Route 628), Marlboro Road (Route 631) and Hites Road (Route 625). This request for the addition of 200.00 +/-acres would increase the South Frederick Agricultural and Forestal District to 6,894.42+/-acres. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 02/10/21 BOARD OF SUPERVISORS MEETING: This is a request to the Frederick County Board of Supervisors to increase the South Frederick 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 South Frederick Agricultural and Forestal District during the last renewal consisted of 6,694.42+/- acres. This proposed District request meets the intent of Chapter 43, Section 152-433 of the Code of Virginia, 1950, as amended, and has been evaluated in conjunction with the 2035 Comprehensive Plan. This addition 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 addition the acreage will be increase by 200.00-acres. The total acreage of the District after considering addition would increase from 6,694.42+/- acres to 6,894.42+/- acres. The Agricultural District Advisory Committee (ADAC) unanimously recommended approval of the 200.00+/-acre to the 2020- 2025 South Frederick Agricultural and Forestal District at their meeting on December 15, 2020. The Planning Commission (PC) unanimously recommended approval of the 200.00+/-acres to the 2020-2025 South Frederick Agricultural and Forestal District at their meeting on January 20, 2021. Following a public hearing,Board of Supervisors action on this application would be appropriate. REVIEW EVALUATIONS: Page 2 South Frederick Agricultural and Forestal District Renewal January 29, 2021 LOCATION AND SIZE: This District is located within the Bach Creek Magisterial District and currently contains 6,694.42+/- acres. It is generally located along Cedar Creek Grade (Route 622), Middle Road (Route 628), Marlboro Road (Route 631) and Hites Road (Route 625). This request for the addition of 200.00 +/-acres would increase the South Frederick Agricultural and Forestal District to 6,894.42+1-acres. AGRICULTURAL & FORESTAL SIGNIFICANCE: The agricultural operation in the District is 90 percent agriculture (orchard, and crop harvesting) and 10 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 Co un provides guidance when considering land use actions. The District is outside the Urban Development Area(UDA) and Sewer and Water Service Area (SWSA) and is not part of any land use plan or study by the County. The current land use should remain in its present land use with orchards, 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 Plan can accomplish this by promoting the inclusion of additional land in Agricultural and Forestal Districts. The Comprehensive Plan Supports the renewal of the District for it 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. LAKES/PONDS/STREAMS: The District lies primarily within the Opequon Creek and Stephens Run drainage area. The District will further assist with managing the quality of the County's water resources. TOPOGRAPHY: The District generally varies from rolling hills to ridges to the north, west, south and east. This District lies within Opequon Creek watershed and water is available from ponds, wells and springs. PRIME AGRICULTURE SOIL: The largest amount of prime agricultural soils located within the District is Frederick-Poplimento. 2020-2025 South Frederick Addition Agricultural & Forestal District trA1DDs . r 4. a i l of r O ti! III iil� III ill 4 0-' �.r Ver DD Addition CD Parcels RIN Owner Acres L74A 3 WEST OAKS FARM MARKET LLC 200.00 Note'. Fr'eder'ick Courty Dept of Planning&Development 107 N Kertt St.Suite 2D2,Winchester,VA 22601 540-665-5651 0 0.075 0.15 0.3 Miles Map Created,November 19,2020 ■ ♦►` + + r IIISY�V. a , t OR r ♦ `�+i\ 200 Acre Addition � �,�� ♦ire � . �i wr MAP y All / <`� ,rte ��f �� • .; ,o ` COUNTY of FREDERICK Department of Planning and Development 5401665-5651 Fax: 5401665-6395 APPLICATION FOR OR ADDITION TO THE SOUTH FREDERICK AGRICULTURAL& FORESTAL DISTRICT FRE DE1 CK COUNT-Y,VIRGINIA Name: West Oaks Fare Market, LLC Addrats: 229 West Oaks Lane Winchester VA 22602 Abone: (5401303-3829 You presently have or have requested to have the folie ng tracts in the S Frederick agricultural and ForestODistrict. Please mark (with. an x ) each parcel that you wishto keep in or add to the District and mark each parcel you wish to remove frogn the Distract. Please enter in any additional properties you welsh to add to the distrieL Tax Map# Acreage Beep in or Add to Remov.e from Din-Act _ District 74-A-3 200.0 Ac. Add i ^y'7 Sig atu / Date — S gA re Date PLEASE RETU N TO THE PZAXN.jVG DEPARTMEN7 BFMARCH 31,2020 107 North Kent Street• Winchester, Virginia 22601-5000