HomeMy WebLinkAboutADAC 06-24-15 Meeting AgendaCOUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Agricultural District Advisory Committee
FROM: Mark R Cheran, Zoning Administrator
RE: June 24, 2015 ADAC Meeting Agenda
DATE: June 17, 2015
The Frederick County Agricultural District Advisory Committee (ADAC) will be
meeting on Wednesday, June 24, 2015, at 6:00 p.m. in the Board of Supervisors
meeting room first floor of the County Administration Building, 107 North Kent Street,
Winchester, Virginia.
The ADAC will discuss the following agenda items:
AGENDA
1. To consider a proposed addition to the 2015-2020 Red Bud Agricultural and
Forestal District. This District is located in the Stonewall Magisterial District.
The District currently contains 985.59+/- acres. The proposed addition of this
parcel (Tax Map Number: 43-A-159A) of 5.0+/- acres will increase the
District to a total acreage of 990.59+/-acres. This subject parcel is located
along Red Bud Road.
2. To consider a proposed addition to the 2015-2020 South Frederick Agri-
cultural and Forestal District. This District is located in the Back Creek
Magisterial District. The District currently contains 5,845.90+/- acres. The
proposed addition of this parcel (Tax Map Number: 85-A-3) of 175.00+/-
acres will increase the District to a total of 6,020.90+/- acres. The subject
parcel is located along Conestoga Lane.
ADAC Meeting
June 17, 2015
Page 2
3. The Frederick County Board of Supervisors adopted the eight 2015-2020
Agricultural and Forestal Districts totaling 11,425 acres on May 27, 2015. The
46 parcels totaling 87 acres were not included in the adopted Agricultural and
Forestal Districts. The 46 parcels were each less than 5 acres in size and were
not participants in the County’s Land Use Assessment Program. The Board of
Supervisors has requested that each of these parcels be given further
consideration, and that the property owners be given an opportunity to
participate in the evaluation to be conducted by the ADAC.
Please contact me if you are unable to attend this meeting. Thank you.
MRC/pd
AGRICULTURAL & FORESTAL DISTRICT UPDATE
RED BUD ADDITION
Staff Report for the Agricultural District Advisory Committee
Prepared: June 4, 2015
Staff Contact: Mark Cheran, Zoning Administrator
Reviewed Action
Agricultural District Advisory Committee: 06/24/15 Pending
Planning Commission: 07/15/15 Pending
Board of Supervisors: 08/12/15 Pending
PROPOSAL: Addition of a 5.0+/- acre parcel to the Red Bud Agricultural and Forestal District.
LOCATION: This addition is located along Red Bud Road.
MAGISTERIAL DISTRICT: Stonewall Magisterial District.
EXECUTIVE SUMMARY FOR THE 06/24/15 AGRICULTURAL DISTRICT ADVISORY
COMMITTEE MEETING:
This is a request to the Frederick County Agricultural District Advisory Committee (ADAC) to add a
5.0 +/- acre parcel to the Red Bud Agricultural and Forestal District. The District currently has a total of
985.59+/- acres. This District addition meets the intent of Chapter 43, Section 15.2-4300 of the Code of
Virginia, 1950, as amended, and has been evaluated in conjunction with the 2030 Comprehensive Plan.
If approved with the additional 5.0+/- acre parcel, the District will now have a total of 990.59+/- acres.
The 2015-2020 Red Bud Agricultural and Forestal District is a valid Agricultural and Forestal District
through May 27, 2020.
Staff supports the additional parcel of the Red Bud Agricultural and Forestal District; bringing the
District to a total of 990.59+/- acres. A recommendation from the ADAC to forward to the Planning
Commission would be appropriate.
Red Bud Agricultural and Forestal District Addition
June 4, 2015
Page 2
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 of this 5.0+/-acre parcel addition to the
Red Bud Agricultural and Forestal District. It may also be useful to others interested in this
matter. Unresolved issues concerning this application are noted by staff where relevant
throughout this staff report.
Reviewed Action
Agricultural District Advisory Committee: 06/24/15 Pending
Planning Commission: 07/15/15 Pending
Board of Supervisors: 08/12/15 Pending
This is a request to the Frederick County Agricultural District Advisory Committee (ADAC) to enlarge
the Red Bud Agricultural and Forestal District. This request is to add one parcel of 5.0 +/- acres.
Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, enables local governments to
establish Agricultural and Forestal Districts to conserve and protect agricultural and forestal lands for
the production of food and other agricultural products and to provide natural and ecological resources.
The Code of Virginia requires the local governing body to establish an ADAC for the purpose of
reviewing proposals that establish or renew Districts to ensure conformity with the provisions of
Section 15.2-4300. The District was established in 2006 and subsequently updated on May 27, 2015.
Ultimately, the Board of Supervisors approves, approves with modifications, or denies the proposal to
add land to an Agricultural and Forestal District.
LOCATION AND SIZE:
This parcel is located along Red Bud Road. The Red Bud Agricultural and Forestal District currently
contains 985.59+/- acres. The proposed addition of this parcel (Tax Map Number: 43-A-159A) of 5.0
+/- acres will increase the District to a total acreage of 990.59+/-acres.
AGRICULTURAL & FORESTAL SIGNIFICANCE:
A is house located on the parcel.
LAND USE:
The land use of the parcel is residential use.
COMPREHENSIVE PLAN:
The 2030 Comprehensive Policy Plan of Frederick County (Comp Plan) 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 Northeast Land Use
Plan. The parcels have no land use designation, which indicates the area should remain rural.
Red Bud Agricultural and Forestal District Addition
June 4, 2015
Page 3
LAKES/PONDS/STREAMS:
The parcel lies primarily within the Redbud Run drainage area, and partially within the Hiatt Run
drainage area. The parcel will assist with managing the quality of the County’s water resources.
PRIME AGRICULTURE SOIL:
There is a limited amount of prime agricultural soils located within the parcel, which are Blairton,
Carbo, Frederick, Guernesy and Massanetta.
STAFF CONCLUSIONS FOR THE 06/24/15 FREDERICK COUNTY ADAC MEETING:
This is a request to the Frederick County Agricultural District Advisory Committee (ADAC) to enlarge
the Red Bud Agricultural and Forestal District. The District has a total of 985.59+/- acres. This
addition meets the intent of Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended,
and has been evaluated in conjunction with the 2030 Comprehensive Plan. If this additional 5.0+/- acre
parcel is approved, the 990.59+/- acre District will be referred to as the 2015-2020 Red Bud
Agricultural and Forestal District and will be a valid Agricultural and Forestal District through May 27,
2020.
Staff supports the additional parcel to the Red Bud Agricultural and Forestal District; bringing the
District to a total of 990.59+/- acres. A recommendation from the ADAC to forward to the Planning
Commission would be appropriate.
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2015-2020 Red Bud AdditionAgricultural & Forestal District
District Acreage: 990.59 Ac.
I 0 0.4 0.80.2 MilesNote:Frederick County Dept of Planning & Development107 N Kent St. Suite 202, Winchester, VA 22601540 - 665 - 5651Map Created: May 28, 2015
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AGRICULTURAL & FORESTAL DISTRICT UPDATE
SOUTH FREDERICK ADDITION
Staff Report for the Agricultural District Advisory Committee
Prepared: June 4, 2015
Staff Contact: Mark Cheran, Zoning Administrator
Reviewed Action
Agricultural District Advisory Committee: 06/24/15 Pending
Planning Commission: 07/15/15 Pending
Board of Supervisors: 08/12/15 Pending
PROPOSAL: Addition of a 175.00+/- acre parcel to the South Frederick Agricultural and Forestal
District.
LOCATION: This addition located along Conestoga Lane.
MAGISTERIAL DISTRICT: Back Creek Magisterial District.
EXECUTIVE SUMMARY FOR THE 06/24/15 AGRICULTURAL DISTRICT ADVISORY
COMMITTEE MEETING:
This is a request to the Frederick County Agricultural District Advisory Committee (ADAC) to add a
175.00+/- acre parcel to the South Frederick Agricultural and Forestal District. The District currently
has a total of 5,845.90+/- acres. This District addition meets the intent of Chapter 43, Section 15.2-
4300 of the Code of Virginia, 1950, as amended, and has been evaluated in conjunction with the 2030
Comprehensive Plan. If approved with the additional 175.00+/- acre parcel, the District would now
have a total of 6,020.90+/- acres. The 2015-2020 South Frederick Agricultural and Forestal District is a
valid Agricultural and Forestal District through May 27, 2020.
Staff supports the adding this additional parcel to the South Frederick Agricultural and Forestal
District; bringing the District to a total of 6,020.90+/- acres. A recommendation from the ADAC to
forward to the Planning Commission would be appropriate.
South Frederick Agricultural and Forestal District Addition
June 4, 2015
Page 2
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 others interested
in this matter. Unresolved issues concerning this application are noted by staff where relevant
throughout this staff report.
Reviewed Action
Agricultural District Advisory Committee: 06/24/15 Pending
Planning Commission: 07/15/15 Pending
Board of Supervisors: 08/12/15 Pending
This is a request to the Frederick County Agricultural District Advisory Committee (ADAC) to enlarge
the South Frederick Agricultural and Forestal District. This request is to add one parcel of 175.00+/-
acres.
Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, enables local governments to
establish Agricultural and Forestal Districts to conserve and protect agricultural and forestal lands for
the production of food and other agricultural products and to provide natural and ecological resources.
The Code of Virginia requires the local governing body to establish an ADAC for the purpose of
reviewing proposals that establish or renew Districts to ensure conformity with the provisions of
Section 15.2-4300. This District has update on May 27, 2015. Ultimately, the Board of Supervisors
approves, approves with modifications, or denies the proposal to add to an Agricultural and Forestal
District.
LOCATION AND SIZE:
This 175 +/- acre parcel is located in the Back Creek Magisterial District along Conestoga Lane.
The South Frederick Agricultural and Forestal District currently contains 5,845.90+/- acres. The
proposed addition of this parcel (Tax Map Number: 85-A-3) of 175.00+/- acres will increase the
District to a total acreage 6,020.90+/- acres.
AGRICULTURAL & FORESTAL SIGNIFICANCE:
The agricultural operations in the District are 90 percent agriculture (orchard, and crop harvesting) and
10 percent open-space/woodlands. This parcel is agriculture in nature. The area within the District is
rural in nature.
LAND USE:
The parcel is agricultural and residential use.
COMPREHENSIVE PLAN:
The 2030 Comprehensive Policy Plan of Frederick County (Comp Plan) 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 of pristine condition with orchards, agricultural,
and residential.
South Frederick Agricultural and Forestal District Addition
June 4, 2015
Page 3
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 addition of this parcel, 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 2020.
LAKES/PONDS/STREAMS:
The parcel lies primarily within the Opequon Creek and Stephens Run drainage area. The parcel will
assist with managing the quality of the County’s water resources.
SOILS:
The general relief of the parcel varies from rolling hills to flat land to the north, west, south and east.
This parcel lies within the Opequon Creek watershed and water is available from ponds, wells and
springs.
PRIME AGRICULTURE SOIL:
The largest amount of prime agricultural soils located on the parcel is Frederick-Poplimento.
STAFF CONCLUSIONS FOR THE 06/24/15 FREDERICK COUNTY ADAC MEETING:
Based on this information, staff feels that this addition is agriculturally significant as outlined in the
Agricultural and Forestal Districts Act. Furthermore, this addition would conform to the County’s
Comprehensive Policy Plan which labels the area as rural. This is a request to the Frederick County
Agricultural District Advisory Committee (ADAC) to enlarge the South Frederick Agricultural and
Forestal District. The South Frederick Agricultural and Forestal District, has a total of 5,845.90+/-
acres. This addition meets the intent of Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as
amended, and has been evaluated in conjunction with the 2030 Comprehensive Plan. This addition to
the District 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 2020. Should this additional 175.00 +/-acre parcel be approved, the 6,020.90+/- acres District
will be referred to as the 2015-2020 South Frederick Agricultural and Forestal District and will be a
valid Agricultural and Forestal District through May 27, 2020.
Staff supports the adding this additional parcel to the South Frederick Agricultural and Forestal
District; bringing the District to a total of 6,020.90+/- acres. A recommendation from the ADAC to
forward to the Planning Commission would be appropriate.
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2015-2020 South Frederick AdditionAgricultural & Forestal District
District Acreage: 6,020.90 Ac.
I 0 0.85 1.70.425 MilesNote:Frederick County Dept of Planning & Development107 N Kent St. Suite 202, Winchester, VA 22601540 - 665 - 5651Map Created: May 28, 2015
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85 A 3175 Acre Addition
On May 27, 2015, the Frederick County Board of Supervisors adopted the eight 2015-2020 Agricultural and
Forestal Districts totaling 11,425 acres. Forty-six (46) parcels totaling 87 acres were not included in the
adopted Agricultural and Forestal Districts. These 46 parcels were each less than 5 acres in size and were not
participants in the County’s Land Use Assessment Program. The Board of Supervisors has requested that each
of these parcels be given further consideration, and that the property owners be given an opportunity to
participate in the evaluation. (sample letter sent to the 46 property owners is attached)
The County’s Agricultural and Forestal District Program is intended to recognize promote and protect our
agricultural economy. One strategy utilized to protect agricultural operations is an ordinance requirement that
establishes a 200-foot building setback against the agricultural district; essentially working to minimize
impacts on agricultural activities from non-agricultural structures. In February 2015, the ADAC found that
parcels less than 5 acres, not in the Land Use Assessment Program, and in an Agricultural District, could be
placing unintended restrictions on adjacent properties. Therefore, the ADAC recommended that such
properties not be included in the Agricultural District.
During the ADAC June 24, meeting, staff will present each of the parcels previously not included in the
District. The property owners will be offered an opportunity to voice their position regarding placement of
their 5 acre or less parcel into the Agricultural and Forestal District.
Following the presentation of each parcel, the ADAC will be expected to make a recommendation as to
whether the parcel should be included in our Agricultural and Forestal District.
Review of Parcels Less Than 5 Acres for Inclusion in Frederick County’s
Agricultural and Forestal Districts
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000
NOTIFICATION OF MEETING
June 8, 2015
RE: AGRICULTURAL AND FORESTAL DISTRICTS
On May 27, 2015, the Frederick County Board of Supervisors adopted the eight 2015-2020
Agricultural and Forestal Districts totaling 11,425 acres. 46 parcels totaling 87 acres were not included
in the adopted Agricultural and Forestal Districts. The 46 parcels were each less than 5 acres in size
and were not participants in the County’s Land Use Assessment program. The Board of Supervisors
has requested that each of these parcels be given further consideration, and that the property owners be
given an opportunity to participate in the evaluation.
On behalf of the Frederick County Agricultural Advisory Committee (ADAC), you are
hereby notified of a meeting being held on Wednesday, June 24, 2015, at 6:00 p.m. The
meeting will be held in the Board Room of the Frederick County Administration Building at
107 North Kent Street, Winchester, Virginia. This meeting will consider the inclusion of
additional parcels into the recent adopted 2015-2020 Agricultural and Forestal Districts.
The County’s Agricultural and Forestal District program is intended to recognize promote and protect
our agricultural economy. One strategy utilized to protect agricultural operations is an ordinance
requirement that establishes a 200-foot building setback against the agricultural district; essentially
working to minimize impacts on agricultural activities from non-agricultural structures. In February
2015, the ADAC found that parcels less than 5 acres, not within the Land Use Assessment program,
and in an Agricultural District, could be placing unintended restrictions on adjacent properties.
Therefore, the ADAC recommended that such properties not be included in the Agricultural District.
Attached include those properties which you own, which you had previously submitted for inclusion in
the Agricultural and Forestal District program, but which were not included in the updated Districts on
May 27, 2015. The map also illustrates the setback buffer and its impact on adjoining properties. If
you no longer wish for your parcels to be considered for inclusion in the Agricultural and Forestal
District, please notify us at 540-665-5651 or via e-mail at MCheran@fcva.us. If you do wish for the
continual consideration of these parcels to be included in the Agricultural and Forestal District
program, we would welcome your participation in the meeting on June 24, 2015, as noted above.
Sincerely,
Mark R. Cheran
Zoning and Subdivision Administrator
Attachment(s)
MRC/pd
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Note:Frederick County Dept of Planning & Development107 N Kent St. Suite 202, Winchester, VA 22601540 - 665 - 5651Map Created: June 16, 2015
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Note:Frederick County Dept of Planning & Development107 N Kent St. Suite 202, Winchester, VA 22601540 - 665 - 5651Map Created: June 16, 2015
Parcels
PIN Owner Acres31 A 170 FRUIT HILL ORCHARD INC 0.3431 A 171 FRUIT HILL ORCHARD INC 1.07
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Note:Frederick County Dept of Planning & Development107 N Kent St. Suite 202, Winchester, VA 22601540 - 665 - 5651Map Created: June 16, 2015
Parcels
PIN Owner Acres85 A 25 SIEVER, ROGER DALE 0.5085 A 33 JUDD, JESSIE F 0.3785 A 132 RITENOUR, SANDRA R 3.6785 A 139A SCOTHORN, GARY L & LINDA O 1.2986 A 33 STELZL, BETTY R 0.1286 A 230A GORE, JEFFERY M & JOSEPH F 0.9786 A 231 GORE, FRED B ET ALS 2.5086 A 245 BOOTH, JOHN H. & VIRGINIA G. 0.5086 A 264 RITENOUR, SHIRLEY 0.5086 A 264A RITENOUR, SHIRLEY 0.53
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Note:Frederick County Dept of Planning & Development107 N Kent St. Suite 202, Winchester, VA 22601540 - 665 - 5651Map Created: June 16, 2015
Future Route 37 Bypass
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PIN Owner Acres43 A 159 R & J LAND DEVELOPMENT, LLC 2.0044 A 28C BODEN, ROBERT R. JR. & MARSHA 4.3044D 2 6 WILLIS, CHARLES I.2.3755 A 5B HERRING, VERA J 1.0055 A 5D HERRING, KEVIN L 1.2155 A 14 LAM, ERNEST L 2.0055 A 115 JENKINS, JEFFREY G 1.7555 A 117 R & J LAND DEVELOPMENT, LLC 4.3355 A 118 STULTZ, DAWN M 1.1355 A 177 SCHULLER, WILLIAM HAMPTON JR 0.3855 A 178A SCHULLER, WILLIAM H SR & GENEVIEVE 1.28
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Note:Frederick County Dept of Planning & Development107 N Kent St. Suite 202, Winchester, VA 22601540 - 665 - 5651Map Created: June 16, 2015
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PIN Owner Acres72 A 83 MEAGHER, CONSTANCE M 0.5073 A 27 COOLEY, MARTHA 4.0073 A 28 RIDINGS, L VERNON RESIDUAL TRUST 4.0073 A 30 RINKER, DUDLEY H.4.8373 A 30A NOFFKE, KENTON L & KATHY C 1.7173 A 30E RINKER, DUDLEY H.1.0173 A 34 HAMILTON, CHARLES A.4.8073 A 38 ORNDORFF, MARK A & ROXANNA M 3.5773 12 11 MURPHY, CHARLES R & VICKY O 2.8673 12 23 HLAVINKA, DAVID D & PATRICIA E 2.9873 12 26 MENEFEE, DAVID & JULIE 2.2974 A 10F EARHART, LARRY L & JOYCE C 1.4674 A 14 HUMPHRIES, CHERYL W.2.0074 A 15 HUMPHRIES, CHERYL W. & PAMELA LEWIS 3.0074 A 15A HUMPHRIES, CHERYL W.1.23
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Note:Frederick County Dept of Planning & Development107 N Kent St. Suite 202, Winchester, VA 22601540 - 665 - 5651Map Created: June 16, 2015
Parcels
PIN Owner Acres61 A 23A BHS, LC 1.0062 A 27 COPENHAVER, WILLIAM R 1.3061 A 29 BHS, LC 1.2561 A 43E MELBY, CAROL J 1.0061 A 44 SNAPP, JOSEPH DAVISON 2.2073 A 64A DILLENDER, HOLLY B & SAMUEL C JR 2.32
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Property Removed from the2015-2020 Agricultural & Forestal DistrictsSouth Timber Ridge
I 0 0.03 0.060.015 Miles
Note:Frederick County Dept of Planning & Development107 N Kent St. Suite 202, Winchester, VA 22601540 - 665 - 5651Map Created: June 16, 2015
Parcels
PIN Owner Acres26 A 61A CLW HOLDINGS LLC 2.00