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HomeMy WebLinkAboutADAC 06-24-15 Meeting Minutes 1 MEETING SUMMARY OF THE AGRICULTURAL DISTRICT ADVISORY COMMITTEE Held in the Board of Supervisors Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on June 24, 2015. PRESENT: Carly C. Ay, Stonewall District; Dudley H. Rinker, Back Creek District; John Stelzl, Opequon District; John D. Cline, Stonewall District; and Cordell L. Watt, Gainesboro District ABSENT: Harman Brumback, Back Creek District; Jason McDonald, Shawnee District; and John R. Marker, Back Creek District Alternate Staff: Eric Lawrence, Director of Planning & Development; Mark R. Cheran, Zoning Administrator; and Pam Deeter, Secretary OTHER: Ellen Murphy, Commissioner of Revenue; Seth Thatcher, Assessor; and eight property owners and/or representatives. The meeting was called to order by Mr. Cheran. Items one and two on the agenda are two new properties that want to come into the Agricultural and Forestal District. Item three on the agenda is 46 properties that were not included in the renewal of the 2015-2020 Agricultural and Forestal District, for which the Board of Supervisors requests a re-evaluation. Mr. Cheran stated that people continue to express a desire to be included in the Agricultural District; the agenda this evening is an opportunity to consider their addition to the District. Item 1: Addition of 5 acres, PIN 43-A-159A, to 2015-2020 Red Bud Agricultural and Forestal District This is a request to the Frederick County Agricultural District Advisory Committee (ADAC) to add a 5.0+/- acre parcel, PIN 43-A-159A, to the 2015-2020 Red Bud Agricultural and Forestal District. The parcel is located along Red Bud Road and the District currently has 985.59 acres. If approved this would increase the 2015-2020 Red Bud Agricultural and Forestal District to 990.5+/- acres. This addition meets the intent of Chapter 43, Section 15.2-4300 of the Code of Virginia, and has been evaluated in conjunction with the 2030 Comprehensive Plan which keeps this area rural in nature. On a motion made by Mr. Rinker and seconded by Mr. Watt , the ADAC recommended approval of the addition of the 5.0+/- acres, PIN 43-A-159A, to the 2015-2020 Red Bud Agricultural and Forestal District. 2 Item 2: Addition of 175 acres, PIN 85-A-3, to 2015-2020 South Frederick Agricultural and Forestal District This is a request to the Frederick County Agricultural District Advisory Committee (ADAC) to add a 175- acre parcel, PIN 85-A-3, to the 2015-2020 South Frederick Agricultural and Forestal District. The parcel is located along Conestoga Lane. If approved this would increase the 2015-2020 South Frederick Agricultural and Forestal District to 6,020.90+/- acres. This addition meets the intent of Chapter 43, Section 15.2-4300 of the Code of Virginia, and has been evaluated in conjunction with the 2030 Comprehensive Plan which keeps this area rural in nature. On a motion made by Mr. Watt and seconded by Mr. Rinker, the ADAC recommended approval of the addition of the 175 acres, PIN 85-A-3, to the 2015-2020 South Frederick Agricultural and Forestal District. Item 3: Re-Evaluation of the addition of 46 parcels, totaling 87 acres, to various Agricultural and Forestal Districts. Mr. Cheran gave background information that at the ADAC meeting in February 2015, ADAC discussed whether properties that were less than 5 acres in size and not in the County Land Use Assessment Program should be included in an agricultural and forestal district. These properties’ placement in the District could impact adjacent property owners by requiring a building setback of 200 foot from agricultural district boundaries. The ADAC recommended that such properties not be included in the Agricultural and Forestal District. The Board of Supervisors met on May 27, 2015, and adopted the eight 2015-2020 Agricultural and Forestal Districts totaling 11,425 acres which did not include 46 parcels (total 87 acres) that were less than 5 acres in size, and not in the County’s Land Use Assessment Program. The Board of Supervisors requested that the ADAC review the 46 parcels, and permit the 46 property owners the opportunity to participate in the evaluation. Before the presentation started, an ADAC member spoke about the importance of small parcels which helped create the individual Agricultural and Forestal Districts, which these landowners support agricultural in the County, and therefore should be included in the agricultural district program. Mr. Cheran stated that as the ADAC reviews the 46 parcels, staff will present an illustrative map of each parcel, and include the 200 foot buffer area on adjacent properties to depict the potential setback restriction on an adjacent property’s use. 3 PIN 42-A-61 Mr. Cheran started his presentation with the Albin District. This parcel is owned by DTS LC and the size of the parcel is 2.50 acres. A committee member spoke and said that it is the right of landowner if he wants to be in the Agricultural District to protect them. It was noted that the parcel is surrounded by the Agricultural District, and there are no adjacent houses. On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the ADAC unanimously recommended approval of including PIN 42- A-61 into the 2015-2020 Albin Agricultural and Forestal District. PIN(s) 31-A-170 and 31-A-171 Located in the Apple Pie Ridge District, these two parcels are owned by Fruit Hill Orchard Inc. One parcel has 0.34 acres and the other 1.07 acres. Again the map is showing a 200 foot setback of how it would affect adjoining property owners. A committee member confirmed that these properties already adjoin an orchard. On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the ADAC unanimously recommended approval of including PIN(s) 31-A-170 and 31-A-171 into the 2015-2020 Apple Pie Ridge Agricultural and Forestal District. PIN 85-A-25 The next 10 properties are located in the Double Church Agricultural and Forestal District. The first to consider is PIN 85-A-25, a 0.50 acre parcel owned by Roger Siever. This is a small property with limited expansion opportunity. Placement of the property into the Agricultural District will place additional setback burdens on its adjacent properties. A committee member asked if this restriction affects the parcel that is in Agricultural District from building. Mr. Cheran replied, no. A committee member stated then why do we want to restrict an adjacent parcel from building. A committee member said if a landowner wants to be back in the District than we should allow him back in. A question was posed is this a new addition or was this property already in District. Mr. Cheran replied this landowner was already in the District. On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the ADAC recommended approval of including PIN 85-A-25 into the 2015-2020 Double Church Agricultural and Forestal District. One committee member opposed the motion. PIN 85-A-33 PIN 85-A-33 is owned by Jessie Judd and the parcel size is 0.37 acres. Mr. Cheran showed the buffers on the map which could affect the properties to the west and east. It was noted that placement of this property in the District is impacting the neighboring property. A member asked if the fields were in the Agricultural District and Mr. Cheran said no. A committee member said this property wants back in District but yet he hasn’t done anything to support or hurt it the Agricultural District. Another member spoke up and said he helped to form the District. On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the ADAC recommended approval of including PIN 85-A-33 into the 2015-2020 Double Church Agricultural and Forestal District. Two committee members opposed the motion. 4 PIN 85-A-132 PIN 85-A-132 is owned by Sandra Ritenour, and is 3.67 acres. The property owner came forward to speak. This piece of land was cut from the original farm and a house was placed on the property and surrounding this property is Agricultural and Forestal family owners. In the past, the property owners stated she has raised corn, steers, goats, and sheep on this property. Ms. Ritenour would like to stay in the District. On a motion made by Mr. Stetzl and seconded by Mr. Rinker, the ADAC unanimously recommended approval of including PIN 85-A-132 into the 2015-2020 Double Church Agricultural and Forestal District. PIN 85-A-139A PIN 85-A-139A is owned by Gary and Linda Scothorn, and contains 1.29 acres. Mr. Scothorn came forward to speak. Mr. Scothorn confirmed the area where he could build. He expressed that he would obtain a building permit if he decided to build. His house is setting in the middle of his property and he owns several other smaller parcels with separate deeds around his larger tract of land. On a motion made by Mr. Ay and seconded by Mr. Stelzel, the ADAC unanimously recommended approval of including PIN 85-A-132 into the 2015-2020 Double Church Agricultural and Forestal District. PIN 86-A-33 PIN 86-A-33 is owned by Betty Stelzl, and contains .12 acres. Mr. Stelz spoke for his mother, and stated that the buffer does come onto his farm which is in the Agricultural District and also across the road and this property is surround by farmland. This property was part of the main farm but when Grim Road went in this piece of property was separated from the main farm. On a motion made by Mr. Rinker and seconded by Mr. Ay, the ADAC unanimously recommended approval of including PIN 86-A-33 into the 2015-2020 Double Church Agricultural and Forestal District. Mr. Stelzl abstained from voting and the vote was unanimously passed. PIN 86-A-230A PIN 86-A-230A is owned by Jeffery and Joseph Gore, and the parcel has 0.97 acres. Mr. Cheran said the 200 foot buffer has been placed on the map and this buffer could impact the adjoining property owners On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the ADAC unanimously recommended approval of including PIN 86-A-230A into the 2015-2020 Double Church Agricultural and Forestal District. PIN 86-A-231 PIN 86-A-231 is owned by Fred Gore, and the parcel has 2.50 acres. The property appears to be less than 100 feet wide, possibly an old right-of-way. The properties on both side of this parcel are in the Agricultural and Forestal District. On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the ADAC unanimously recommended approval of including PIN 86-A-231 into the 2015-2020 Double Church Agricultural and Forestal District. PIN 86-A-245 PIN 86-A-245 is owned by John and Virginia Booth and the parcel has 0.50 acres. A committee member spoke up and said that Ms. Booth contacted him that she was interested in staying in the Agricultural and Forestal District. 5 On a motion made by Mr. Rinker and seconded by Mr. Cline, the ADAC unanimously recommended approval of including PIN 86-A-245 into the 2015-2020 Double Church Agricultural and Forestal District. PIN(s) 86-A-264 and 86-A-264A PIN(s) 86-A-264 and 86-A-264A are owned by Shirley Ritenour, one parcel is 0.50 and the other is 0.53 acres in size. A committee member spoke up that the field in the back is Clevenger Property and to the best of his knowledge this property is in Agricultural District. On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the ADAC unanimously recommended approval of including PIN 86-A-264 and 86-A-264A into the 2015-2020 Double Church Agricultural and Forestal District. PIN 43-A-159 The next 11 properties are located in the Red Bud Agricultural and Forestal District. The first to consider is PIN 43-A-159, a 2 acre property owner by R & J Land Development, LLC. Mr. Oates came forward to speak on behalf of the property owner. The property to the North and East of the R & J Land Development land was just recommended for approval tonight (earlier on agenda) to go into the Agricultural District. Mr. Oates stated that property buffers don’t go across the road because that is a front setback and on other side of this property is a commercial site which would have no impact on this property. The landowner wants to stay in the Agricultural District. Mr. Oates stated that all buffer stops at the state maintained road or right-of-way and they don’t continue past the road. On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the ADAC unanimously recommended approval of including PIN 43-A-159 into the 2015-2020 Red Bud Agricultural and Forestal District. PIN 44-A-28C PIN 44-A-28C is owned by Robert and Marsha Boden and the parcel has 4.30 acres. Mr. Oates came forward to speak on behalf of the landowners. The property to the North, East and South are in the Agricultural District. When the District was formed ten years ago Mr. Oates stated he needed a lot of these little parcels to meet the criteria to form a District and also to tie together the larger farm parcels. A committee member gave his opinion that putting on an addition to a house in the 200 foot buffer is different from someone trying to put in 20 lots. Maybe there needs to be a change in an amendment. Mr. Cheran said if you are adding onto the principal structure that is where the 200 foot comes into play. Now, if you were putting up an accessory dwelling, the 200 foot buffer wouldn’t come into play. On a motion made by Mr. Rinker and seconded by Mr. Ay, the ADAC unanimously recommended approval of including PIN 44-A-28C into the 2015-2020 Red Bud Agricultural and Forestal District. PIN 44D-2-6 PIN 44D-2-6 is owned by Charles Willis and the parcel is 2.00 acres in size. Ms. Willis contacted staff and wants to be in the Agricultural and Forestal District. Mr. Oates stood up and stated when this District was formed he needed this piece to connect to Huntsberry Farm so they could be in the Agricultural District. Mr. Oates said when the District was formed there was no lot size. We need to 6 have 200 acres to form the Districts and the properties could be one mile in apart from another and still be in the Agricultural District. On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the ADAC unanimously recommended approval of including PIN 44D-2-6 into the 2015-2020 Red Bud Agricultural and Forestal District. PIN 55-A-5B PIN 55-A-5B is owned by Vera Herring and the parcel size is 1.00 acre. Mr. Oates spoke again this is another property that helped form the District. The property to the East and the South belongs to her son; to the West is the Battlefield. Ms. Herring property buffer won’t affect anyone since surrounding property is in Agricultural District. On a motion made by Mr. Rinker and seconded by Mr. Cline, the ADAC unanimously recommended approval of including PIN 55-A-5B into the 2015-2020 Red Bud Agricultural and Forestal District. PIN 55-A-5D PIN 55-A-5D is owned by Kevin Herring and the parcel size is 1.21 acres. Mr. Oates said this is Vera Herring’s son and he is surrounded by Agricultural District land. On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the ADAC unanimously recommended approval of including PIN 55-A-5D into the 2015-2020 Red Bud Agricultural and Forestal District. PIN 55-A-14 PIN 55-A-14 is owned by Ernest Lam and the parcel size is 2.00 acres. The buffers were shown on the map for viewing to the Committee. Mr. Oates spoke again that this property owner helped form the District and would like to remain in the District. On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the ADAC unanimously recommended approval of including PIN 55-A-14 into the 2015-2020 Red Bud Agricultural and Forestal District. PIN(s) 55-A-115 and 55-A-117 PIN(s) 55-A-115 and 55-A-117 are owned by Mr. Jeff Jenkins through two different holding companies: Jeffrey Jenkins and R & J Land Development. The Jeffrey Jenkins parcel has 1.75 acres and the R & J Land Development has 4.33 acres in size. Mr. Oates said these parcels are both surrounded by Church and a subdivision On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the ADAC unanimously recommended approval of including PIN(s) 55-A-115 and 55-A-117 into the 2015-2020 Red Bud Agricultural and Forestal District. PIN 55-A-118 PIN 55-A-118 is owned by Dawn Stultz and her parcel contains 1.13 acres. On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the ADAC unanimously recommended approval of including PIN 55-A-118 into the 2015-2020 Red Bud Agricultural and Forestal District. PIN(s) 55-A-177 and 55-A-178A PIN(s) 55-A-177 and 55-A-178A are owned by William Schuller Jr., and William and Genevieve Schuller. One parcel contains 0.38 acres and the other parcel contains 1.28 acres in size. Mr. Oates said Mr. Schuller has purchased these properties one at a time and never consolidated the land. Each of the properties might have an old house on it and he uses that as a shed. Mr. Schuller has cattle on the land and also uses the fields for hay. 7 On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the ADAC unanimously recommended approval of including PIN 55-A-177 and 55-A-178A into the 2015-2020 Red Bud Agricultural and Forestal District. PIN 77-A-83 The next 21 properties are located in the South Frederick Agricultural and Forestal District. The first to consider is PIN 77-A-83, a 0.5 acre property owned by Constance Meagher. On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the ADAC unanimously recommended approval of including PIN 77-A-83 into the 2015-2020 South Frederick Agricultural and Forestal District. PIN(s) 73-A-27 and 73-A-28 PIN(s) 73-A-27 and 73-A-28 are owned by Martha Cooley and Vernon Riding Trust. Ms. Cooley’s property has 4.00 acres in size and the Trust property has 4.00 acres as well. These properties are along Germany Road. On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the ADAC unanimously recommended approval of including PIN(s) 73-A-27 and 73-A-28 into the 2015-2020 South Frederick Agricultural and Forestal District. PIN(s) 73-A-30, 73-A-30A, and 73-A-30E PIN(s) 73-A-30, 73-A-30A, and 73-A-30E are owned by Dudley Rinker, Kenton and Kathy Noffke and Dudley Rinker. Mr. Rinker’s one property is 4.83 acres and the other property is 1.01 acres in size. Mr. and Mrs. Noffke’s property has 1.71 acres. Mr. Rinker has abstained from the vote. On a motion made by Mr. Cline and seconded by Mr. Stelzl, the ADAC unanimously recommended approval of including PINs 73-A-30, 73-A-30A, and 73-A-30E into the 2015-2020 South Frederick Agricultural and Forestal District. PIN 73-A-34 PIN 73-A-34 is owned by Charles Hamilton and consists of 4.80 acres. On a motion made by Mr. Cline and seconded by Mr. Rinker, the ADAC unanimously recommended approval of including PIN 73-A-34 into the 2015-2020 South Frederick Agricultural and Forestal District. PIN 73-A-38 PIN 73-A-38 is owned by Mark and Roxanna Orndorff and consists of 3.57 acres. This property is along Middle Road. On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the ADAC unanimously recommended approval of including PIN 73-A-38 into the 2015-2020 South Frederick Agricultural and Forestal District. PIN 73-12-11 PIN 73-12-11 is owned by Charles and Vicky Murphy and consists of 2.86 acres. On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the ADAC unanimously recommended approval of including PIN 73-12-11 into the 2015-2020 South Frederick Agricultural and Forestal District. 8 PIN(s) 73-12-23 and 73-12-26 PIN(s) 73-12-23 and 73-12-26 are owned by David and Patricia Hlavinka and David and Julie Menefee. The Hlavinka property consists of 2.98 acres and the Menefee property consists of 2.29 acres in size. The Menefee sent in a letter wanting to stay in the Agricultural District. It was noted that these lots are in a Rural Preservation Subdivision, with recorded setbacks; therefore the 200 foot Agricultural District buffer will not affect the lots within the rural preservation subdivision. On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the ADAC unanimously recommended approval of including PIN(s) 73-12-23 and 73-12-26 into the 2015-2020 South Frederick Agricultural and Forestal District. PIN 74-A-10F PIN 74-A-10F is owned by Larry and Joyce Earhart and consists of 1.46 acres. Mr. and Mrs. Earhart came forward to speak. Mrs. Earhart expressed their concerns that your property doesn’t have to be in land use to be in the Agricultural District and they feel they are being penalized because they have a small parcel which is not in the land use program. They support the Agricultural District and have been in the district for many years. The surrounding properties are in the Agricultural District. A committee member asked the property owner if their larger property is in the Land Use Program and Agricultural and Forestal District Program. Mrs. Earhart said yes for many years. The Earhart’s stated that they did not want their neighbor to construct a house, and that the additional 200 foot Agricultural District buffer placed on the adjacent property would prohibit the construction of a house on the adjacent property, further preserving their farming operation. On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the ADAC unanimously recommended approval of including PIN 74-A-10F into the 2015-2020 South Frederick Agricultural and Forestal District. PIN(s) 74-A-14, 74-A-15A, and 74-A-15 PIN(s) 74-A-14, 74-A-15A, and 74-A-15 are owned by Cheryl Humphries and Pamela Lewis. Two of the properties owned by Ms. Humphries consist of 2.0 acres and 1.23 acres. The joint property with Pamela Lewis is 3.00 acres in size. On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the ADAC unanimously recommended approval of including PIN(s) 74-A-14, 74-A-15A, and 74-A-15 into the 2015-2020 South Frederick Agricultural and Forestal District. PIN 61-A-23A PIN 61-A-23A is owned by BHS, LC and the parcel is 1.00 acre in size. On a motion made by Mr. Rinker and seconded by Mr. Watt, the ADAC unanimously recommended approval of including PIN 61-A-23A into the 2015-2020 South Frederick Agricultural and Forestal District. PIN 62-A-27 PIN 62-A-27 is owned by William Copenhaver and the parcel is 1.30 acres. On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the ADAC unanimously recommended approval of including PIN 62-A-27 into the 2015-2020 South Frederick Agricultural and Forestal District. 9 PIN 61-A-29 PIN 61-A-29 is owned by BHS, LC and the parcel is 1.25 acres in size. On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the ADAC unanimously recommended approval of including PIN 61-A-29 into the 2015-2020 South Frederick Agricultural and Forestal District. PIN(s) 61-A-43E and 61-A-44 PIN(s) 61-A-43E and 61-A-44 are owned by Carol Melby and Joseph Snapp. Ms. Melba’s is property is 1.00 acre in size and Mr. Snapp’s is 2.20 acres. On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the ADAC unanimously recommended approval of including PIN(s) 61-A-43E and 61-A-44 into the 2015-2020 South Frederick Agricultural and Forestal District. PIN 73-A-64A PIN 73-A-64A is owned by Holly and Samuel Dillender and the parcel size is 2.32 acres. On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the ADAC unanimously recommended approval of including PIN 73-A-64A into the 2015-2020 South Frederick Agricultural and Forestal District. PIN 26-A-61A The next parcel is located in the South Timber Ridge Agricultural and Forestal District. PIN 26-A-61A, is a 2 acre property owned by CLW Holdings. The surrounding is all Agricultural and Forestal District. On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the ADAC unanimously recommended approval of including PIN 26-A-61A into the 2015-2020 South Timber Ridge Agricultural and Forestal District. Mr. Watt abstained from the vote. Mr. Cheran will take the recommendation to the Planning Commission on July 15, 2015 and to the Board of Supervisors on August 12, 2015. Mr. Watt wanted to get the opinion of the committee members about building an addition onto a home. Mr. Watt stated that he does not believe the intent of an Agricultural and Forestal District is to restrict an adjoining property owner’s ability to construct a building addition to his or her house. But, unfortunately, today’s recommendations to include parcels into the agricultural district did subject adjacent property owner’s to additional setback restrictions. A committee member noticed on the map that the future Route 37 extension is against the Agricultural and Forestal District. The committee member wanted to know how this would affect the District. Staff noted that when an Agricultural District is either created or renewed by the Board of Supervisors it is noted that a major road or subdivision is in the Comprehensive Policy Plan for that area, and that the establishment of the Agricultural District will hinder the ability to implement the planned infrastructure. But it was also noted that the Board could elect not to include a parcel into the agricultural district if the planned infrastructure was envisioned to be constructed within the next 5 years and that the Board felt 10 the planned infrastructure should supersede the agricultural protections offered by participation in an Agricultural District. A committee member had a question about PATH (Power Lines). If a landowner in the Agricultural and Forestal District, is approached by a utility company for a right-of-way through his property is this allowed. Mr. Cheran replied the way state code is written it should recognize the Agricultural Forestal District and should be taken into consideration but not sure if it would stop them or not. If the landowner opposed this action it would certainly strengthen the landowner’s legal position being in the District. The meeting adjourned at 7:25 p.m.