ADAC 11-02-98 Meeting AgendaCOUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/678-0682
MEMORANDUM
TO: Agricultural District Advisory Committee
FROM: Eric R. Lawrence, Zoning Administrator LjLb-
SU BJ ECT: Special Meeting on November 2, 1998
DATE: October 20, 1998
There will be a meeting of the Frederick County Agricultural District Advisory Committee (ADAC)
at 7:30 p.m. on Monday, November 2, 1998, in the first floor conference room of the County
Administration Building, 107 North Kent Street, Winchester, Virginia. The ADAC will discuss the
following items. -
AGENDA
Review a request to withdraw 35 acres from the South Frederick Agricultural and Forestal
District. The property owner has also requested that 67 acres be added to the district. The
property under consideration is owned by Gary and Sharon McDonald, and is located
northeast of the intersection of Chapel Road (Route 627) and Buffalo Marsh Road (Route
759). (See attachments).
2. Other.
Please contact his department if you will be unable to attend this meeting.
Thank you.
Attachments
Staff has been directed to advise all committee members that access to the County Administration
Building for night meetings that do not occur in the Board room will be limited to the back door
of the four-story wing. I would encourage committee members to park in the county parking lot
located behind the new addition or in the Joint Judicial Center parking lot and follow the
sidewalk to the back door of the four-story wing. See enclosed map.'
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107 North Kent Street • Winchester, Virginia 22601-5000
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ITEM 1
Modification to the
South Frederick Agricultural and Forestal District
Staff has been in recent discussions with Mr. Gary McDonald concerning a request to modify his
200+ acre parcel of land that is currently included in the South Frederick Agricultural and Forestal
District. These modifications include a 3 5 -acre removal from the District, and a 67 -acre addition to
the District.
Mr. McDonald recently purchased a 67 -acre parcel that adjoins his property. This 67 -acre parcel
contains prime agricultural lands; he feels the land should be protected from development and
requests that it be included in the Agricultural District.
Mr. McDonald has identified a portion of his farmland that contains rock outcrops and trees, not
necessarily conducive to farming. The 35 acres he proposes to remove from the Agricultural District.
Once severed from the Agricultural District, he will subdivide the land and sell as residential building
lots. He contends that it is necessary to sell these lots to fund his purchase of the 67 acres of prime
agricultural land.
Agricultural District Regulation
In May of 1995, the Board of Supervisors renewed the South Frederick Agricultural and Forestal
District for a period of five years; the renewed district will expire in May of 2000. One condition that
was placed on these properties prohibited traditional five -acre lot subdivisions. Therefore, for Mr.
McDonald to proceed with his proposed land divisions, the 35 acres must be removed from the
district.
The district was created to promote agriculture businesses, and to protect agricultural lands from
development threats. Once a property is included in an agricultural district, the property is protected
from infrastructure improvements (high voltage transmission lines and state road projects).
Additionally, division of the land for residential development purposes is prohibited. Land should also
not be easily added or removed from the district.
Summary
Staff believes that while Mr. McDonald's request is for development purposes, his offering to replace
the 35 acres in the district with 67 acres of land that is more suitable for agricultural uses certainly
makes the request more palatable. Furthermore, staff would concur that the request moves to
preserve prime agricultural lands, protecting the same from the threats of development.
In order for land to be withdrawn from an Agricultural District, the Agricultural District Advisory
Committee (ADAC) is to make a recommendation to the locality's Planning Commission and the
Board of Supervisors (Virginia Code, Chapter 15.2, Section 4314). Therefore, it would be
appropriate for the Committee to act on this request.
MARSH & LEGGE LAND SURVEYORS, P.L.C.
139 North Cameron Street, Winchester, VA 22601 ■ 540-667-0468 ■ Fax: 540-667-0469
Mr. Eric Lawrence October 14, 1998
Zoning Administrator
Frederick County Planning Department
107 N. Kent Street
Winchester, VA 22601
RE: The Gary W. & Sharon R. McDonald Land
P.I.N. #83 -A -100A
Frederick County, Virginia
Dear Eric:
Our firm is working on behalf of Gary and Sharon McDonald regarding the above
referenced parcel of land situated on the north side of Virginia Route 627, Chapel Road in
southern Frederick County, Virginia. This parcel of land currently contains 206.271 acres and
is under the South Frederick Agricultural and Forestal District established in 1995. We request
that a portion of this land (35 acres) be removed from the Agricultural and Forestal District in
order to be eligible for the rural area minimum five acre residential subdivision. The 35 acres
is shown on the attached vicinity map and is currently owned and maintained by Gary and
Sharon McDonald. This portion of their farm is an area poorly suited for agricultural use.
Gary has delineated this area on the ground and has coordinated with our firm to obtain Health
Department approval for residential drainfields. This area fronts on Route 627 and we believe
would be a suitable area for residential lots.
The adjacent parcel is in the name of Buffalo Marsh, L.L.C. which is also land owned
by Gary and Sharon McDonald, P.I.N. # 83-A-82. On behalf of Gary and Sharon McDonald,
we request that two areas totaling 67 acres of the Buffalo Marsh, L.L.C. land be put under the
South Frederick Agricultural and Forestal District to offset the 35 acres which would be
removed from the District. The attached vicinity map shows the 30 acre area and the 37 acre
area of agricultural land to be placed under the Agricultural and Forestal District. This land is
currently being used for agricultural purposes by Gary McDonald. This land is best suited for
agricultural use.
Your assistance with this request is greatly appreciated. Should you have any questions
regarding this, please do not hesitate to call.
Sincerely, �-
Scot W. Marsh, L. S.
SWM:Jlm
Enclosure
cc: Mr. Gary McDonald i
Mr. Gary DeOms
PIN 83-A-89
SUSAN LOUISE HAYMAKER BARR
4 PIN 83-A-88
MARY C. MATMEWS &
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SAMUEL F. McDONALD
35 ACRES DB 634 PG 404
PORTION OF PARCEL 100A
TO BE REMOVED FROM AGR/CULTURAL
J� & FORESTAL DISTRICT
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S.W. MARSH 9
No. 001843
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SCALE: 1" = 600' 1 DATE: OCTOBER 13, 1998
PIN 83-A-100
DWG. # SWAPAREA
FORESTAL & AGRICULTURAL 0157JCT ADJUSTMENT
McDONALDLAND
PIN 83-A-82 & 83 -A -100A
BACK CREEK MAGI6MM DISTRICT FREDERICK COUNTY, VIRGINIA
139 NORTH CAMERON STREET
ARSH & EGGE WINCHESTER, VIRGINIA
Tared Surveyors, P.ILC. PHONE (540) 667-0468
Q� FAX (540) 667-0469
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No. 001843
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SCALE: 1" = 600' 1 DATE: OCTOBER 13, 1998
PIN 83-A-100
DWG. # SWAPAREA
FORESTAL & AGRICULTURAL 0157JCT ADJUSTMENT
McDONALDLAND
PIN 83-A-82 & 83 -A -100A
BACK CREEK MAGI6MM DISTRICT FREDERICK COUNTY, VIRGINIA
139 NORTH CAMERON STREET
ARSH & EGGE WINCHESTER, VIRGINIA
Tared Surveyors, P.ILC. PHONE (540) 667-0468
Q� FAX (540) 667-0469
COUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703/678-0682
MEMORANDUM
TO: Frederick County Board of Supervisors
FROM: Evan A. Wyatt, Planner H
RE: 1995 South Frederick Agricultural And Forestal District
DATE: May 18, 1995
The South Frederick Agricultural and Forestal District is scheduled for renewal this Spring.
This will be the third renewal for this district which was established in 1980. During the 15
year existence of this district, significant agricultural properties have continued to request to
remain in the district. At this time, the proposed district exceeds 15,000 acres. The 1990
renewal contained approximately 13,500 acres.
The Agricultural District Advisory Committee (ADAC) and the Planning Commission considered
this district during their meetings of April 11, 1995 and May 3, 1995 respectively. Both bodies
recommended that all properties that had completed and returned the required information to
staff be included in the 1995 update for a period of five years. At this time, 89 property owners
have met this criteria. The ADAC and Planning Commission also recommended that
restrictions be placed on these properties to prohibit traditional five acre lot subdivisions and
rural preservation lot subdivisions. This restriction does not prohibit family lot divisions and
land divisions for agricultural purposes. Property owners may continue to apply to be part of
this district until the public meeting of the Board of Supervisors. Property owners may also
retract any proposed parcel until that time. State Code provides relief for the removal of
property during its time in the district should the property owner perish and the heirs desire to
have the property removed.
Staff will present a map that delineates the properties proposed to be included in the 1995 South
Frederick Agricultural, as well as the future road improvements within this area. Staff has also
included a map that indicates one of the areas that is being looked at by the Economic
Development Commission over the long term for industrial sites with railroad access. It should
be noted that the 76 acre tract owned by Charles Brown is currently within the district and is
proposed to be renewed. Staff asks that the Board of Supervisors consider this item for final
resolution.
107 North Kent Street P.O. Box 601
Winchester, VA 22601 Winchester, VA 22604