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Home My WebLink AboutADAC 03-18-13 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: March Meeting Date and Agenda DATE: March 18, 2013 The Frederick County Agricultural District Advisory Committee (ADAC) will be meeting on Monday, March 18, 2013 at 6:00 p.m. in the first floor conference room (purple room) of the County Administration Building, 107 North Kent Street, Winchester, Virginia. Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, requires the local governing body to establish an Agricultural District Advisory Committee for the purpose of reviewing proposals that establish or renew districts to ensure conformity with the provisions of Section 15.2-43000. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the proposal to establish or renew an Agricultural and Forestal District. The ADAC will discuss the following agenda items: AGENDA 1) Criteria for Evaluating Agricultural and Forestal District Applications. 2) Discussion on a request regarding the creation of the North Opequon Agricultural and Forestal District. 3) Discussion on a request regarding the increase of acreage of the South Timber Ridge Agricultural and Forestal District. Please contact me if you are unable to attend this meeting. Thank you. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 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. MRC/bhd Item No. 1 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Agricultural District Advisory Committee (ADAC) FROM: Mark R Cheran, Zoning Administrator RE: Criteria for Evaluating Agricultural and Forestal District applications. DATE: March 7, 2013 The Board of Supervisors has adopted a Transfer of Development Rights (TDR) Program. This program will have an impact on the County's Agricultural and Foresta! District (District(s)). There are currently six (6) districts within Frederick County with a total of 10,585.012+/- acres. A review of Frederick County policies regarding any future District(s) may be warranted. Frederick County currently evaluates properties for inclusion in an Agricultural and Forestal District using the Virginia Land Evaluation and Site Assessment (LESA) System, as required within Section 15.2 -4306 of the Code of Virginia, 1950, as amended. There are seven (7) factors involved with an evaluation of a property(s) for inclusion into a district: 1. The agricultural and forestal significance of land within the district or addition and in areas adjacent thereto; 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 active agricultural or forestal production; 3. The nature and extent of land uses other then active farming or forestry within the district and in areas adjacent thereto; 4. Local development patterns and needs; 5. The Comprehensive Plan and, if applicable, the zoning regulations; 6. The environmental benefits of retaining the lands in the district for agricultural and forestal uses; and 7. Any other matter which may be relevant. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 ADAC Committee Re: Criteria March 7, 2013 Page 2 The Code allows localities to evaluate and judge properties via a local LESA System, and allows for localities to use other criteria to more closely evaluate properties for inclusion into the district (Number #7). This allows for a more collective evaluation of property(s) to ensure that an application has met the requirements of the Code and the policies of Frederick County. One of the provisions that should be examined is the length of time a property has been in the County’s land use taxation program. This would eliminate any property owners trying to circumvent the County’s TDR program. In addition to the length of time a property has been in land use, a minimum acreage should be assigned. Currently, Frederick County does not have a time that a property is in land use or acreage to be included in a district. Staff would recommend in addition to the listed seven (7) factors provided by the Code to include as part of the County’s evaluation process for any future District(s) property(s) have the following: 1. A minimum of 5 years in land use taxation program. 2. A minimum of 20 acres to be in a District. 3. No properties within the County’s UDA or SWSA as defined by the Comprehensive Plan should be allowed in a District. Staff believes that a more comprehensive review of property (s) for inclusion into an Agricultural and Forestal District will ensure the integrity of the land in the agricultural and forestal district(s). Staff is requesting the Agricultural District Advisory Committee (ADAC) consider new policy establishing a local LESA system for evaluating applications for inclusion in an Agricultural and Forestal District. Any recommendations, additions, or concerns from the ADAC on this policy will be forward to the Board of Supervisors. MRC/bhd AGRICULTURAL DISTRICT CRITERIA The Frederick County Agricultural District Advisory Committee (ADAC) endorses the criteria for use in future evaluation of properties requesting inclusion into an Agricultural and Forestal District. The new criteria shall address the following: 1. The agricultural and forestal significance of land within the district or addition and in areas adjacent thereto; 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 active agricultural or forestal production; 3. The nature and extent of land uses other then active farming or forestry within the district and in areas adjacent thereto; 4. Local development patterns and needs; 5. The Comprehensive Plan and, if applicable, the zoning regulations; 6. The environmental benefits of retaining the lands in the district for agricultural and forestal uses; 7. Any other matter which may be relevant; 8. A minimum of 5 years in land use taxation program; 9. A minimum of 20 acres to be in a District; and 10. No properties within the County’s UDA or SWSA as defined by the Comprehensive Plan should be allowed in a District. Item No. 2 1 Proposed North Opequon Agricultural and Forestal District This is a request to the Frederick County Agricultural District Advisory Committee (ADAC) to establish a new Agricultural and Forestal District (District) to be named North Opequon Agricultural District. 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. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the proposal to establish or renew Forestal District applications. This proposed district is located in the Stonewall Magisterial District, straddling Old Charleston Road (Route 761) to the north and south, Opequen Creek to the east, and Slate Lane to the west. LOCATION The proposed district will contain 400.186+/- acres within six (6) parcels, managed by one (1) property owner. SIZE The predominantly agricultural operations in the new district are 90 percent agriculture (livestock, and crop harvesting) and 10 percent open-space/woodlands. The area within the district is rural in nature. AGRICULTURAL & FORESTAL SIGNIFICANCE All parcels within the proposed district are in agricultural or residential use. LAND USE The COMPREHENSIVE PLAN 2030 Comprehensive Policy Plan of Frederick County (Comp Plan) provides guidance when considering land use actions. The location of this proposed district lies outside the Urban Development Area (UDA) and Sewer and Water and Service Area (SWSA), and is not part of any land use plan or study by the County. The land use within this proposed district of 400.186+/- acres is residential and agricultural. The current land use should remain in its present land use of pristine condition with land use of agricultural, and residential. All of the parcels are of this proposed district are currently zoned RA (Rural Areas) Zoning District. The surrounding properties are zoned: ZONING North: RA (Rural Areas) South: RA (Rural Areas) East: Opequon Creek / Clarke County West: RA (Rural Areas) 2 The proposed district lies within the Hiatt Run and Hot Run drainage areas. These two bodies of water are tributaries to the Opequon Creek. The establishment of this district will further assist with managing the quality of the County’s water resources. LAKES/PONDS/STREAMS The general relief of the new district varies from rolling hills to ridges to the south and west and flat and gentle rolling hills to the north and east. This district lies within the Hiatt Run and Hot Run drainage area and water is available from ponds, wells and springs. SOILS The largest amount of prime agricultural soils located within the proposed Agricultural and Forestal District is Frederick-Poplimento PRIME AGRICULTURE SOIL This proposed distinct is not part of any land use plan or study as indicted within the STAFF COMMENTS 2030 Comprehensive Policy Plan of Frederick County (Comp Plan). The proposed district is located outside the Urban Development Area (UDA) and Sewer Water Service Area (SWSA), and is to remain rural in nature and protected from any future development. The intent of the County’s 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 its UDA and SWSA. The proposed Agricultural and Forestal District is agriculturally significant as outlined in the Agricultural and Forestal Districts Act. These properties have been in land use greater than five (5) years. STAFF CONCLUSIONS FOR THE FREDERICK COUNTY ACAC MEETING: This proposed district meets the intent of Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, that enables local governments to establish Agricultural and Forestal Districts to conserve and protect agricultural and forestal land. The Code of Virginia sets out criteria for evaluating Agricultural and Forestal District applications. One of the criteria is that the application should be evaluated in conjunction with the Comprehensive Plan (Comp Plan) of the locality. This proposed 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 2015. Staff recommends that these parcels be included as part of Frederick County’s Agricultural and Forestal District program. CLARKECOUNTYVIRGINIA Ag & Forestal Districts DISTRICT Apple Pie Ridge Albin South Timber Ridge South Frederick District Double Church District Red Bud Sewer and Water Service Area Parcels Streets I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: March 07, 2013Staff: cheran North Opequon Agricultural and Forestal District 45 - A - 30, 45 - A - 31, 45 - A - 32, 45 - A - 10v, 45 - A - 10w North Opequon Agricultural and Forestal District 45 - A - 30, 45 - A - 31, 45 - A - 32, 45 - A - 10v, 45 - A - 10w 0 1,600 3,200800 Feet Stephenson OLD CHARLES TOWN RD G U N C L U B R D OLD CHARLES TOWN RD Item No. 3 1 Proposed Addition to the South Timber Ridge Agricultural and Forestal District This is a request to the Frederick County Agricultural District Advisory Committee (ADAC) to enlarge the South Timber Ridge Agricultural and Forestal District. This Agricultural and Forestal District was created in 2010. 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. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the proposal to establish or renew an Agricultural and Forestal District. The district is located in the Gainesboro Magisterial District along Hollow Road (Route 707) to the north, Muse Road (Route 610) and Gold Orchard Road (Route 708) to the east. LOCATION The district currently contains 615+/- acres within 13 parcels, managed by one (1) property owner. The proposed addition will be two (2) parcels containing 162+/- acres and 106 +/- acres, for total acreage of 268+/- acres. If this addition is approved, the resulting district will contain 15 parcels and 883+/- acres, to be managed by the same property owner. SIZE The predominantly agricultural operations in the new district are 90 percent agriculture (orchard, and crop harvesting) and 10 percent open-space/woodlands. The area within the district is rural in nature. AGRICULTURAL & FORESTAL SIGNIFICANCE The two (2) proposed parcels are in agricultural or residential use. LAND USE The COMPREHENSIVE PLAN 2030 Comprehensive Policy Plan of Frederick County provides guidance when considering land use actions. The location of the proposed addition to 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 this proposed addition to the district is residential and agricultural. The current land use should remain in its present land use of pristine condition with land use of orchards, agricultural, and residential. 2 The proposed parcels are currently zoned RA (Rural Areas) Zoning District. The surrounding properties are zoned: ZONING North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) The proposed addition to the district lies primarily within the Back Creek drainage area. The establishment of this district will further assist with managing the quality of the County’s water resources. LAKES/PONDS/STREAMS The general relief of the addition to the district varies from rolling hills to ridges to the north, west, south and east. This district lies within the Back Creek watershed and water is available from ponds, wells and springs. SOILS The largest amount of prime agricultural soils located within the South Timber Ridge Agricultural and Forestal District is Weikert-Berks-Blairton PRIME AGRICULTURE SOIL The STAFF COMMENTS 2030 Comprehensive Policy Plan of Frederick County indicates the area of the County where this proposed addition is not part of any land use plan or study. The proposed addition is located outside the UDA and SWSA, and is to remain rural in nature and protected from any future development. 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 its UDA. The addition of these two (2) parcels to the South Timber Ridge Agricultural and Forestal District is agriculturally significant as outlined in the Agricultural and Forestal Districts Act. These properties have been in land use greater than five (5) years. STAFF CONCLUSIONS FOR THE FREDERICK COUNTY ADAC MEETING The proposed addition to the district meets the intent of Chapter 43, Section 15.2-4300 of the : Code of Virginia, 1950, as amended that enables local governments to establish Agricultural and Forestal Districts to conserve and protect agricultural and forestal land. The Code of Virginia sets out criteria for evaluating Agricultural and Forestal District applications. One of the criteria is that the application should be evaluated in conjunction with the Comprehensive Plan of the locality. The Comprehensive Plan and this proposed 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 2015. Therefore, staff would recommend that this proposed addition of two (2) parcels containing 268 acres to be included within the South Timber Ridge Agricultural and Forestal District. This additional acreage will increase the district from 615 acres to 883 acres. 01259 ST704 ST610 ST704 ST610 HAMPSHIRECOUNTYWEST VIRGINIA Ag & Forestal Districts DISTRICT Apple Pie Ridge Albin South Timber Ridge South Frederick District Double Church District Red Bud Sewer and Water Service Area Parcels Streets I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: March 07, 2013Staff: cheran South Timber Ridge Agricultural and Forestal District Addition 37 - A - 72, 37 - A - 73 South Timber Ridge Agricultural and Forestal District Addition 37 - A - 72, 37 - A - 73 0 1,900 3,800950 Feet MUS E R D BACK C R E E K R D CARPERS PIKE CARP E R S P I K E CARP E R S P I K E GOLD O R C H A R D R D CARP E R S P I K E