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070-24 (SouthTimberRidgeAg&ForestalDistrict(AddtionOfParcel)) ORDINANCE Action: PLANNING COMMISSION: March 20, 2024 Recommended Approval BOARD OF SUPERVISORS: April 24, 2024 Adopted ADDITION OF PARCEL TO THE SOUTH TIMBER RIDGE AGRICULTURAL & FORESTAL DISTRICT WHEREAS, a proposal to increase the South Timber Ridge Agricultural & Forestal District with the addition of one(1)parcel Property Identification Number 37-A-8 totaling 76.866+/-acres,which will bring the District to 24 parcels with a total of 1,247.84+/- acres was considered. The property is generally located along Hollow Road (Route 707) to the north, Muse Road (Route 610) and Gold Orchard Road (Route 708) to the east; and WHEREAS,The Agricultural District Advisory Committee(ADAC)recommended approval of this proposal on February 20, 2024; and WHEREAS, the Planning Commission held a public hearing and recommended approval on this proposal March 20, 2024; and WHEREAS, the Board of Supervisors held a public hearing on this proposal to increase the South Timber Ridge Agricultural & Forestal District on April 24, 2024; and WHEREAS,the Frederick County Board of Supervisors finds the addition of this parcel to the South Timber Ridge 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 increases the 2020-2025 South Timber Ridge Agricultural and Forestal District by 76.866+/- acres with the addition of PIN 37-A-8 Passed this 24`x', day of April 2024 by the following recorded vote: Res. No. 070-24 Josh E. Ludwig, Chainnan Aye Joluz F. Jewell Aye Heather H. Lockridge Aye Robert W. Wells Aye Blaine P. DUDn Aye Judith McCann-Slaughter Aye Robert T. Liero Aye A COPY ATTEST Miehael L. Bollhoe r Frederick County Administrator Res. No. 070-24 SOUTH TIMBER AGRICULTURAL & FORESTAL C DISTRICT ADDITION Staff Report for the Board of Supervisors Prepared: April 10,2024 �® Staff Contact: Mark R. Cheran, Zoning Administrator l?38 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: 02/20/24 Recommended Approval Planning Commission: 03/20/24 Recommended Approval Board of Supervisors: 04/24/24 Pending PROPOSAL: This is an application to add one (1) parcel of 76.866 +/- acres to the South Timber Ridge Agricultural and Forestal District. LOCATION AND SIZE: This District is located within the Gainesboro Magisterial District and currently contains 1,170.94+/- acres. It is generally located along Hollow Road (Route 707) to the north,Muse Road(Route 610) and Gold Orchard Road(Route 708)to the east. This additional parcel of 76.90+/- acres will bring the District to 24 parcels with a total of 1,247.84+/- acres. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 04/24/24 BOARD OF SUPERVISORS MEETING: This is a request to add a parcel of 76.90 +/- acres to the South Timber Ridge Agricultural and Forestal District. Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, requires that any change to the District be reviewed by the local government. The South Timber Ridge Agricultural and Forestal District currently contains 1,170.94+/- acres during the last renewal. This proposed addition to the 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 Comprehensive Plan. This renewal 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. The South Timber Ridge Agricultural and Forestal District will consist of 1,247.84+/- acres and will be valid until August 12, 2025. Ultimately, the Board of Supervisors approves, with modifications, or denies the proposal to establish or renew an Agricultural and Forestal District. The Agricultural District Advisory Committee (ADAC) unanimously recommended approval of the 76.90+/- acre to be added to the South Timber Ridge Agricultural and Forestal District at their meeting on February 20,2024. The Planning Commission unanimously recommended approval of the 76.90+/- acre to be added to the South Timber Ridge Agricultural and Forestal District at their meeting on March 20,2024. Following a public hearing, Board of Supervisors action on this application would be appropriate. Page 2 Board of Supervisors South Timber Ridge Agricultural and Forestal District Addition April 10, 2024 REVIEW EVALUATIONS: LOCATION AND SIZE: This District is located within the Gainesboro Magisterial District and currently contains 1,170.94+/- acres. It is generally located along Hollow Road (Route 707) to the north, Muse Road (Route 610) and Gold Orchard Road (Route 708) to the east. The addition of this proposed 76.9 +/- acre parcel to the District would bring the acreage to 1,247.84 +/-acres contained within 24 parcels. AGRICULTURAL & FORESTAL SIGNIFICANCE: The agricultural operations in the District are 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 Comprehensive Plan of Frederick County provides guidance when considering land use actions. The location of the 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 District is agricultural, residential, and nature. The current land use should remain in its present condition with land use of 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 addition of the parcel of 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 2025. LAKES/PONDS/STREAMS: The District lies primarily within the Gainesboro 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. The District lies within the Gainesboro watershed and water is available from ponds,wells and springs. PRIME AGRICULTURE SOIL: The largest amount of prime agricultural soil located within the District is Weikert-Berks-Blairton. /s �2 p�qc 0 r qN o yp� 9y <N��cF ��ERR y HOLLOW RD IS oGyyFly /sir Q wN/TygM DR c-n 0 N. HOLE-OW-RD �z o y �2 WHITLOCK LN \ Jy 59 HAMPSHIRE COUNTY \`\ WEST VIRGINIA \ y s \ \Gyp/sFp� CPRQ�RSp��E M�S�Ro ss B 259 G oFy o</q/FOR 9q�jFyrGR .. F A Fs L Q��OJ District Acreage: 1,247.84 Ac. 2020-2025 South Timber Ridge Agricultural & Forestal District Note: Frederick County Dept of Planning&Development 0 0.15 0.3 0.6 Miles 107 N Kent St.Suite 202,Winchester,VA 22601 540-665-5651 Map Created:February 7,2024 2020-2025 South Timber Ridge Addition Agricultural & Forestal District n F : s11 a , 259 G1 rYk � �ip fJ �V � T , W C)Addition ( Parcels PIN Owner Acres 37 A 8 JCKW RENTALS LLC 1 76.90 Note: Frederick County Dept of Planning&Development 107 N Kent St.Suite 202,Winchester,VA 22601 540-665-5651 0 0.05 0.1 0.2 Miles Map Created:February 7,2024 Y COUNTY of FREDERICK Department of'Planning and Development 540/665-5651 1111 ' Fax: 540/665-6395 APPLICATION FOR A NEW DISTRICT Applicant Name: CKW RENTALS LLC Address: TAX MAP 37 A 8 CARPERS PIKE Phone: 54 Email: kir ult.com Proposed New District Name: Location of the Proposed New District: Please indicate in the table below the parcels you would like include with your request for a new District: Tax Map# Acreage Qualifving Is.,of Ile 37 A 8 76.866 FORESTRY Total: 76.866 1. Are the properties currently enrolled in the land use taxation program:' Yes❑✓ NoF� 2. Do the properties contain agriculturally significant soils'' Yes No 3. Describe the agricultural or forestry activities conducted on the properties requesting to be included in the new district: Forestry management in place, currently in land use and no plans of changing 107 North Kent Street • Winchester. Virginia 22601 14100 COUNTY of FREDERICK Department oi'(Tanning and Development 540/665-5651 Fax: 5401665-6395 4. Describe the environmental benefits ofretainim, the lands in the district liu a�sricultaual anti forestal uses: limit erosion, maintain soil quality, water conservation A�&W hcr_f" _ Z • 5 2 Signature Date 2 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. Folio-wing this review, the requested nes district will be scheduled for public hearings before the Planning; Commission and Board of Supervisors. PLEASE RETURN THIS FORM TO THE DEPART4PE:'V7'OI' PLANNING AND DEVF_LOPMENT 107 North Kent Street • Winchester. Virginia ?2001 Name and Property Identification Number Address NameCKW Rentals LLC 311 Muse Road Property#37-A-8 Gore, VA 22637 NameAnthony Ritter & Dolores 2052 Carpers Pike Property#37-A-7 Gore, VA 22637 NameMagnolia Reel 2133 Carpers Pike Property#37-A-9 Gore, VA 22637 NameLazy S. Farms LLC 2384 Carpers Pike Property#37-A-10 High View, WV 26808 NameLucille L. Seldon 2245 Carpers Pike Property#37-A-11 & 37-A-13 Gore, VA 22637 NameRichard Helm Etals P.O. Box 2077 Property#37-A-36 Winchester, VA 22604 NameRobert Turner & Shannon 120 Finger Lake Court Property#37-4-2-10 Gore, VA 22637 - F NameRichard Eaton & Michelle 248 Cline Drive Property#37-4-2-9 & 37-4-2-8 Gore, VA 22637 NameJoseph Shaffer 214Cline Drive Property#37-4-2-7 Gore, VA 22637 NameDaniel Manili & Leslie 174 Cline Drive Property#37-4-2-6 & 37-4-2-5 Gore, VA 22637 NameJason Tallman 158 Cline Drive Property#37-4-2-4 Gore, VA 22637 NameGrace Burton 107 N. Kent St. Property#37-4-A Winchester, VA 22601 Name Property# Name Property# 17 1130124,2:25 PM Sra 240000330 11 Gary R. Oates,on this the 15th day of January,2024,do hereby certify that the plat entitled"Final Plat of a Boundary Survey of the lands of CKW Rentals, LLC Tax Parcel 37-(A)-8" attached hereto is a true copy of a survey made by me on January 9,2024, of 77.018 acres of land conveycd to CKW Rentals,LLC from Todd Johnson, of record at the Frederick County Circuit Court CIerk's Office as Instrument 230009231.The said land lies in the Gainesboro Magisterial District of Frederick County, Virginia. ZA"!0�41 'p LTH 0.- 1,p CA Y-T. QATES Lic. No. 1518-8 l9 '0 SUINe STATE OF VIRGINIA COUNTY OF FREDERICK,TO WIT: I, Corey Blake Carter, a Notary Public in and for the State of Virginia and County of Frederick, do hereby certify that this day personally appeared before me Gary R. Oates,whose name is signed to the forgoing instrument. Given under my hand this 151h day of January,2024. My commission expires My registration number is 4'13.p p! otary blit COREY BLAKE CARTER NOTARY PUBLIC Commonwealth of Virginia Registration No.7782909 My commission Expires June 30,2026 https:Hdsweb.courts.state.va.us/jsraisraHgsearch/recordSearch 115 1/30/24,2:25 PM Sra FINGER LAKES SUBD. • SITE LACINI 0 MAP FINAL PLAT OFA BOUNDARY SURVEY OF THE LANDS OF CKW RENTALS, LLC TAX PARCEL 37-(A)-B GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY VIRGINIA JANUARY 9, 2024 NOTES 1. A FIELD SURVEY WAS PERFORMED BY GREYWOL.FE, INC. IN JANUARY 207.4, 2. A TITLE REPORT HAS NOT BEEN FURNISHED; THEREFORE, OTHER EASEMENTS OR EWCUMBRANCES MAY EXIST THAT ARE NOT SHOWN ON T141S PLAT. 3. THERE WAS NO READILYAPPARENT EVIDENCE OFA CEMETERY WITHIN CLOSE PROXIMITY TO THE BOUNDARY LINES. 4. THESE PARCELS ARE LOCATED ON FLOOD INSURANCE RATE MAPS No. 51069CO175E IN FI.00D 2'ONE X'AREAS DETERMINED TO BE OUTSIDE THE 0.24E ANNUAL CHANCE FLOODPLAIN;DATED JANUARY 29,2021. THIS DOES NOT CONSTITUTE A FLOOO STUDY BY THIS FIRM. S. THERE ARE RIGHTS TOA PIPELINE FROM A WELL ON THE 2.648 ACRE TRACT TO COTTAGE ON 37-(A)-8 PER INSTRUMENT#230OD9231. UNABLE TO SHOW SAID PIPELINE ON SURVEY. 6. ROUTE 259-CARPERS PIKE RIGHT OF WAY ESTABLISHED FROM VDOT HIGHWAY PLAN#1192-A. SHEET 10 OF 12. SURVEYORS CERTIFICATE I HEREBY CERTIFY THAT THE PARCEL CONTAINED IN THIS BOUNDARY SURVEY IS THE LAND CONVEYED TO CKW RENTALS,LLC FROM TOOD JOHNSON, BY DEED DATED OCTOBER 17,2023;OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERKS OFFICE AS INSTRUMENT 230009231. _aLTH OF L GAR R. DATES, O SURVEYOR Z_ v I 1073 Redbad Road D. 1518-$ GreyWolfe, Inc. Winchester, VA 22603 /-9-z+� �'�=- GreyWolfelncwolcom r O� y Land Svrvey�ng and Consulting 540-6672001 OFC 9j1/Q SUlvpRk" ti 540-545-4001 FAX DRAWN BY* CBC FIEF. NO: 0938 SHL:L=T 1 OF 3 https:/iris%wb.courts.state.va.us/jsra/sra/#/search/reGardSearch 2/5 1130124,2:25 PM Sra ADJOINERS OWNER PARCEL REF. USE ZONING (ACREAGE I N. BURTON GRACE 37-(4)-A D8 474, PG 287 RESIDENTIAL RA 4.9 2 d LUCILLE L. SELDON 37-(A)-13 WF 9121000041;3 AGRICULTURAL RA 135.0 3 LUCILLE L.SELDON 37-(A)-11 WF,4210000453 AGRICULTURAL RA 4.7 4 RONALD E. SELDON 37-(A)-10 x'170000552 VACANT RA 3.6 S MAGNOLIA B. REL-'L PORTION OF ,t'120003359 VACANT RA 0.3 37-(A)-9 6 MAGNOLIA B. REEL PORTION OF :4'120003359 RESIDENTIAL RA 2.6 37-(A)-9 ABBRE_VIA TIONS LEGEND AGR. =AGRICULTURE PPF =PINCH PIPE FOUND C- = PROPERTY CORNER FOUND DB =DEED BOOK PG =PAGE ® = 5/8"IRON ROD SET, UNLESS OTIIERWISE EX =EXISTING RES =RESIDENTIAL SPECIFIED IRF =IRON ROD HOUND VDH =VIRGINIA DEPARTMENT OrHIGHWAYS —E— = OVERHEAD UTILITIES MONUMENT —X— = FENCE LINE BEARING P12%5. -' LI N 38-5246"YYL2 NSG°3702"E _ iG$(2R�� C� B g J N�a�Q NO 1 �• 9pO�- �S' fG 3/0"PPF "O VDH 6g7 j CKW RENTALS, LLC N 69°19'!5"E l #230009231 W1 rNESS'/Z"IRF @ O 'p ZONED: RA S 61°16'24"E-25.0' o USE:AGR. 77.038 ACRES ISO, Q' 150' GRAPHIC SCALE i FINAL PLAT OFA BOUNDARY SURVEY OF THE LANDS OF CKW RENTALS, LLC 2 TAX PARCEL 37-(A)-S v v GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA tVo. 15 18-13 1073 Redbud Road GreyWolfe, Inc. Winchester,- VA 2260.3 pa- - GreyW61fe1nc49Do1.corn Land Surveying and Consulting 540-667-2001 QFC lrtf 540-545-4001 FAX 1 FILE NO: 0.938 DATE: JANUARY 9, 2024 SCALE: 1" = ISO' SHEET 2 OF 3 https://risweb.courts.state.va.us/jsra/sra/#/search/recordSearch 3/5 1/30/24,2:25 PM Sra O . �2„IRF -CE) s/a”IRF Q :� 26141.. y9-P,rq s a /V 341293?" 767.67' O asp O A F 3/a PPF d r ti q Z BUILDING Ix,"IRF p REMNANTS SEE DETAIL ON SHEET 2 OQ sjg"IRF Q T �' O BUILDING !\ ) REMNANTS N 27"56'48"E - 101.45' 4 37-(A)-8 rn �+ { CWW RENTALS, LLC `\ 0230009231 ZONED:RA USE:AGR. L 77.018 ACRES :s _ O 5/B"IRF INSIDE PIPE O S )) rf Al, O / I 37-(A)-36 RICHARD S. HELM&KATHERINE G. v 300' r7' 3007' RO�QO)PG 040 ES ZONED:RA l/z„IRF O ?27,Sp. GRAPHIC SCALE 45.0 ACRES i/"IRF FINAL PLAT OF A SOUNOARY SURVEY rH C)p j� OF THE LANDS OF CKW RENTALS, LLC TAX PARCEL 37-(A)-8 -1 OWN GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 1073 No. 1518-B �� a bua _ T _ GreyWolfe, Inc. Wincheser, A 22603 f"9Np �1a4 � �'" Land Surveying and consults GreyWOlfelnC@�aOI.COM SUR�� r Y 9 540-667-2001 OFC .540-54.5-4001 FAX FILE NO: 0938 1 DATE. JANUARY 9, 2024 SCALE l"= 300' SHEET .3 OF 3 https://risweb.courts.state.va.us/jsra/sra/#Isearch/recordSearch 415 1130124,2:25 PM Sra INSTRUMENT 240000330 RECORDED IN THE CLERK'S OFFICE OF FREDERICK CIRCUIT COURT ON JANUARY 16, 2024 AT 11:56 AM SARAH J. KAHLE, CLERK RECORDED BY: NLS https:/Irisweb.courts.state.va.us/isra/sra/#/search/recordSearch 515