035-21 (EstablishmentOfHayfieldAg&ForestalDistrict) ESTABLISHMENT
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Action:
PLANNING COMMISSION: October 20, 2021 Recommended Approval
BOARD OF SUPERVISORS: November 10, 2021 Approved
ESTABLISHMENT OF THE
HAYFIELD AGRICULTURAL & FORESTAL DISTRICT
WHEREAS,Frederick County received a request to create and establish a new Agricultural
and Forestal District to be named the Hayfield Agricultural and Forestal District that would consist
of 819.9+/-acres. The property is located 2.5 miles west of the intersection of route 50 and Hayfield
Road(Route 600)and contains(5)parcels Numbers 39-A-2,39-A-3,39-A-5,39-A-7,and 39-A-89,
in the Back Creek Magisterial District; and
WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this request
at their meeting on September 21, 2021 and recommended approval; and
WHEREAS, the Planning Commission held a public hearing for this request at their
regularly scheduled meeting on October 20, 2021 and recommended approval; and
WHEREAS,the Board of Supervisors held a public hearing for this request at their regularly
scheduled meeting on November 10, 2021; and
WHEREAS,the Frederick County Board of Supervisors finds the creation and establislunent
of this new Hayfield 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 Hayfield Agricultural
& Forestal District consisting of 819.9+/- acres (Property Identification Numbers 39-A-2, 39-A-3,
39-A-5, 39-A-7, and 39-A-89) 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 10th day of November 2021 by the following recorded vote;
RES# 035-21
Charles S. DeHaven, Jr., Chainnan Aye Blaine P. Dunn Aye
Shaven L. Graber Aye David D. Steginaier Aye
J. Douglas McCarthy Aye Judith McCann-Slaughter Aye
Robert W. Wells Aye
A COPY ATTEST
Mary T. Price
Interim County Administrator
RES# 035-21
41c r °U� 2020-2025 AGRICULTURAL &FORESTAL DISTRICT
a HAYFIELD DISTRICT—PROPOSED NEW DISTRICT
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Staff Report for the Board of Supervisors
Prepared: October 29, 2021
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: 09/21/21 Recommended Approval
Planning Commission: 10/20/21 Recommended Approval
Board of Supervisors: 11/10//21 Pending
PROPOSAL: This is a request to create a new Agricultural and Forestal District "Hayfield
District"that totals 819.9+/-acres.
LOCATION AND SIZE: This proposed District is located within the Back Creek Magisterial
District and is generally located 2.5 miles west of the intersection of Route 50 and South
HayEeld Road (Route 600). The proposed District would consist of five (5) parcels (39-A-89,
39-A-3, 39-A-5, 39-A-7 and 39-A-2) that total 819.9+/- acres, managed by one (1) property
owner.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 11/10/21 BOARD OF
SUPERVISORS MEETING:
This is a request to the Frederick County Board of Supervisors to create the new Hayfield
Agricultural and Forestal District, comprising 819.9+/-acres. This District 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 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. Agricultural
and Forestal Districts also qualify for bonus densities with the County's Transfer of
Development Rights Program. If created, this District would be added to the renewal cycle for
all Districts and would be valid until August 12, 2025.
The Agricultural District Advisory Committee (ADAC) unanimously recommended approval of
the request to create a new Agricultural and Forestal District "Hayfield District" that totals
8199+/- acres at their meeting on September 21, 2021. The Planning Commission held a public
hearing for this item at their meeting on October 20, 2021 and recommended approval.
Ultimately, the Board of Supervisors approves, approves with modifications, or denies
applications to create new Agricultural and Forestal Districts.
Following the public hearing, a decision regarding this request to establish a new Agricultural
and Forestal District by the Board of Supervisors would be appropriate.
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Agricultural and Forestal District
Proposed Hayfield District
October 29, 2021
REVIEW EVALUATIONS:
LOCATION AND SIVE: This proposed District is located within the Back Creek Magisterial
District and is generally located 2.5 miles west of the intersection of Route 50 and Hayfield Road
(Route 500). The proposed District would consist of five (5) parcels (39-A-89, 39-A-3, 39-A-5,
39-A-7 and 39-A-2)that total 819.9+/- acres,managed by one(1)properly owner.
AGRICULTURAL & FORESTAL SIGNIFICANCE: The proposed District consists of
approximately 90 percent forestry uses and 10 percent open space/woodlands. The area within
the proposed District is rural in nature.
LAND USE: All parcels within the proposed District are currently zoned RA (Rural Areas)
Zoning District and contain agricultural and residential land uses. All surrounding properties are
also zoned RA (Rural Areas)District.
COMPREHENSIVE PLAN: The 2035 Comprehensive Plan of Frederick County provides
guidance when considering land use actions. The location of the proposed District lies 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 land use within the proposed District is
agricultural and residential and nature. The current land use should remain in its present
condition with land use woodland/open space.
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
proposed 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.
TRANSFER OF DEVELOPMENT RIGHTS (TDR) PROGRAM: The County's TDR
Ordinance as outlined in the Zoning Ordinance provides a bonus to properties located within an
Agricultural and Forestal District. if this District is created, it would qualify for double the
amount of density rights that could be transferred(1 Density Right=2 Dwelling Unit).
LAKES/PONDSISTREAMS: A portion of the proposed District lies withiin the head waters of
the Houge Creek and the Houge Creek drainage area. This will further assist with managing the
quality of the County's water resources.
TOPOGRAPHY: This proposed District is located along Great North Mountain, west of South
Hayfield. The topography ranges from strongly and steeply sloping along Great North Mountain
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Agricultural and Forestal District
Proposed Hayfield District
October 29, 2021
to rolling along South Hayfield Road.
SOILS: The predominate types of soil for this area are Hazleton and Laidig-Weikert. Both soils
are typically strongly sloping to very steep and found on mountaintops, side slopes and ridges;
these soils tend to be well drained and consist of sandstone, quartzite, and shale. While the
subject properties are primarily forested, these soils are not classified as prime agricultural soils.
Following the public hearing, a decision regarding this request to establish a new Agricultural
and Forestal District by the Board of Supervisors would be appropriate.
516
2020-2025 Hayfield Establishment
Agricultural & Forestal District
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Establishment
Parcels
PIN Owner Acres
39 A 2 794HL, LLC 379.34
39 A 3 794HL, LLC 24 .41
39 A 5 794HL, LLC 22.52
39 A 7 1 794HL, LLC 8,64
39 A 89 794HL, LLC 167.99
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Note:
Frederick County Dept of Planning&Development
107 N Kent St.Suite 292,Wrichester,VA 22661
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2020-2025 Hayfield Establishment
Agricultural & Forestal District
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Establishment
Parcels
Steep Slopes PIN Owner Acres
39 A 2 794HL, LLC 379.34
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39 A 3 794HL, LLC 241.41
CD 17.96% -22.18% 39 A 5 794HL, LLC 22.52
CD 22.19% - 30.63% 39 A 7 794HL, LLC 8,64
30.64% - 134.66% 39 A 89 794HL, LLC 167.99
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Note:
Frederick County Dept of Planning&Development
107N Kent St.Suite 202,Winchester,VA22601
54o-565-5651 0 0.2 0.4 0.8 A 5"�
Map Created:August 2$,2021
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COUNTY of FREDERICK.
Department of Planning and Development
5401665-5651
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APPLICATION FOR A NEW DISTRICT
Applicant Name: 794HL, LLC (William A. "Beau Bassler)
Address: 800 Hedrick Lane, Winchester, VA 22602
Phone: 540-327-7001 Email_ beaubassler@bassierlegal.com
Proposed New District Name: HayfieldAgricultural and Forestal District
Location of the Proposed New District: See attached Request Letter
Please indicate in the table below the parcels you would like include with your request for a
new District:
39-A-89 167.99 acres Forestry
39-A-3 241 .41 acres Forestry
39-A-5 22.52 acres Forestry
39-A-7 8.64 acres Forestry
39-A-2 379.34 acres Forestry
1. Are the properties currently enrolled in the land use taxation program? Yes ✓0 No®
2. Do the properties contain agriculturally significant soils? Yes 0 NoF�
3. Describe the agricultural or forestry activities conducted on the properties requesting to be
included in the new district:
See attached Request Letter.
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107 North Kent Street• Winchester,Virginia 22601
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COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
Fax: 540/665-6395
4. Describe the environmental benefits of retaining the lands in the district for agricultural and
forestal uses:
See attached Request Letter.
;-// 7170��
Signature William A. "Beau"Bassler Date
Signature Date
Once the application has been submitted, it will be scheduled for review by the
Agricultural District Advisory Committee and evaluated per the criteria established by
the Code of Virginia. Following this review, the requested new district will be
scheduled for public hearings before the Planning Commission and Board of
Supervisors.
PLEASE RETURN THM FORM TO THE DEPARTMENT OF
PLANNING AND DEVELOPMENT
107 North Kent Street• Winchester,Virginia 22601
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Request Letter to Accompany Application far a New District
Date of application: May 14, 2021.
Proposed Name of the Agricultural and Forestal District: Hayfield
Agricultural and Forestal District.
General location of the District: The proposed district is located in
Frederick County, Virginia in the Back Creek Magisterial District. The
location is approximately 2.5 miles west of the intersection of Rt. 50
and Hayfield Road. Please see attached map of location.
Owner Name: 794HL, LLC (contact person: William A. "Beau" Bassler)
Mailing Address: 30 South Cameron Street, Winchester, VA 22601
Physical Address of the Property: 800 Hedrick Lane, Winchester, VA
22602
Phone Number: 540-327-7001 (contact: William A. "Beau" Bassler)
Tax Map ID Numbers and property acreage of the proposed District:
1. 39-A-89 (367.99 acres)
2. 39-A-3 (241.41 acres)
3. 39-A-5 (22.52 acres)
4. 39-A-7 (8.64 acres)
5. 39-A-2 (379.34 acres)
Total: 819.90 acres
Description of the activities that constitute agricultural, forestal or
environmental stewardship:
The entire property has historically been timbered. The most
recent timbering activity is as follows:
A portion of the property was timbered by Rob Borror Logging,
LLC in 2020. Prior to this timber harvest, I met with Matthew
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Lansky of the Virginia Department of Forestry to discuss Best
Management Practices. Based on this meeting, and after
consideration of the declining health of portions of the forest,
several clear cut areas were selected. These clear cuts were
performed to trigger a complete regeneration of portions of the
forest, and to create openings in the forest for wildlife habitat
diversity.
After this harvest, soil stabilization through revegetation was
implemented on exposed soil and areas adjacent to streams.
Other methods used were: stream-side management zones,
logging road layout, water diversion practices, and post-harvest
logging road stabilization.
The property is currently in a planned program of timber
management and soil conservation. It is my plan to enhance the
growth of commercially desirable species through generally
accepted silvicultural practices.
The entire acreage is suitable for foresty.
Criteria for evaluating the application (taken directly from Virginia
Code §15.2-4306):
1. The agricultural and forestal significance of land within the
district or addition and in areas adjacent thereto:
Within the proposed district. All the property in the
proposed district is "agriculturally and forestally significant
land" (as this term is defined in Virginia Code §15.2-4302)
because it has recently and historically produced forestal
products as evidenced by the timbering activities mentioned
above.
Adjacent areas: About 3/4 of the adjacent land would,
under Virginia Code §1.5.2-4302, be considered
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"agriculturally and forestally significant land." The remaining
adjacent areas are primarily residential or recreational.
2. The presence of any significant agricultural lands or significant
forestal lands within the district and in areas adjacent thereto
that are not now in acture agricultural or forestal production:
None.
3. The nature and extent of land uses other than active farming
or forestry within the district and in areas adjacent thereto:
Within the proposed district: None, other than one
residence in the proposed district.
Adjacent areas: The adjacent areas are used for residences,
recreation, farming and forestry.
4. Local developmental patterns and needs:
The proposed district is located in what Frederick County
refers to as a "Rural Area." The Rural Areas of the County
have traditionally seen about 30% of the County's new
residential growth and recently have seen increasing
development pressures.
The proposed district would aid in combatting these
development pressures which would provide benefits to the
community in a number of ways. According to the Frederick
County website, "These areas not only contribute to the
identity of Frederick County, they provide jobs, recreation
and a way of life. Preserving and protecting the rural areas
of Frederick County is important not only to ensure the
economic viability of agricultural and forestal operations but
to also guarantee that those lands are present for the use
and enjoyment of future generations."
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5. The comprehensive plan and, if applicable, the zoning
regulations:
The proposed district is in keeping with the Comprehensive
Plan, which states: "the Rural Areas best exhibit the nature,
beauty, view sheds, and tranquility for which Frederick
County is known. The primary land uses in the Rural Areas
are agricultural and forestal operations."
G. The environmental benefits of retaining the lands in the
district for agricultural and forestal uses:
Retaining the lands in the proposed district for agricultural
and forestal uses will result in many environmental benefits,
including:
• Protecting and enhancing agricultural and forestall
land as a viable segment of the Commonwealth's
economy and as an economic and environmental
resource of importance.
• Encouraging the development and improvement of
agricultural and forestal lands for the production of
food and other agricultural and forestall products
• Conserving and protecting valued natural and
ecological resources which provide essential open
spaces for clean air sheds, watershed protection,
wildlife habitat, as well as for aesthetic purposes.
Respectfully submitted:
William A. "Beau" Bassler
President, manager and sole member of 794HL, LLC
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Hayfield
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Agricultural an d s g
Forestal District
(Proposed)
Hayfield, Virginia
May 2021
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